ONLINE LIBEL: Think before you click.

On a Sunday afternoon, you received a text message from your close friend that a
certain Ms. Madona (fictional character), posted on facebook your dispute regarding a
land owned by your grandparents.

Your regular Sunday eating maruya turned into a nightmare.

On that same post she mentioned that you are “malandi” “ambisyosa” and “mata
pobre”, and that “kailangan mo ng pumunta ng espesyalista para sa nunal mo sa ilong”,
and that, her family was aggrieved because you send them letters to vacate the
property.

Your close friend is certain that the post is referring to you because Ms. Madona
mentioned about the description of you and your recent feud about the land.

You feeling betrayed and violated, you ask a lawyer, whether or not Ms. Madona
can be prosecuted under any law.

WHAT IS LIBEL AND WHAT IS A CYBERCRIME LAW

What is libel?

Libel is a crime that is punished under the Revised Penal Code. The Revised Penal Code
penalizing libel has been effective since January 1, 1932, therefore, libel is not a new
crime.

What is Cybercrime Prevention Act of 2012?

Because laws are dynamic and must conform and address to the needs of modernized
societies, where more people are adept in social media and other online platforms, a
law punishing online libel was passed: Cybercrime Prevention Act of 2012.

It took years for the Congress to finally pass and approve such law, and a TRO was
issued on the ground of constitutionalilty, to review its constitutionality, to which
before the Highest Court upheld its validity and struck down other provisions as
unconstitutional.
What makes it different from the libel under the RPC is the mode of committing such a
crime? There is none, except for the fact that the penalty is higher than the libel
punished under the Revised Penal Code.

So how is libel committed? Some important features of libel under the Revised Penal
Code are that (a) Libel is a public and malicious imputation of a crime, vice, defect, etc.
and (b) It is a crime committed by means of writing.

To prosecute a crime under the Revised Penal Code, all the necessary ingredients of the
crime must be proven. The following are:
(1) There must be a malicious imputation. There must be a malicious imputation
of a crime, vice, defect, or ant act or omission, condition, status or circumstance,
tending to cause the dishonor, discredit or contempt to a natural or juridical
person, or to blacken the memory of the one who is dead. 1
(2) Libel may be committed by means of writing. 2
(3) Must be done in public. This means that someone (3rd person), other than the
victim (private offended party) was able to read or see or know regarding the
libelous material.
(4) Identity of the victim. This means that the victim must be identified as the
subject of the libelous matter, that his reputation is the one targeted.
So what is provided under the Cybercrime Prevention Act (R.A. 10175)? This law
makes libel as defined in Sec. 4(c)(4) as punishable by one degree higher than that what
is provided under the Revised Penal Code. 3
Libel is one of the content-related offenses that is committed through use of computer
or other similar means (law foreseeing the possible inventions related to computers). 4
Therefore, when you post libelous statements on facebook, and all the necessary
ingredients of libel are present, you may be prosecuted under applicable laws.

1 Article 353, Revised Penal Code. “Libel means by writings or similar means. — A libel committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, …”

2 Art. 355, Revised Penal Code. “Libel means by writings or similar means. — A libel committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall
be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in
addition to the civil action which may be brought by the offended party.”

3 Sec. 6, R.A. 10175. “All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by,
through and with the use of information and communications technologies shall be covered by the relevant provisions of this
Act. Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as
amended, and special laws, as the case may be.”

4Section 4(c)(4), R.A. 10175. “The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as
amended committed through a computer system or any other similar means which may be devised in the future.”
Going back to the acts committed by Ms. Madona.
First, is the imputations of Ms. Madona, that __________ , be considered as
malicious?
“malandi” “ambisyosa” and “mata pobre”, and that “kailangan mo ng
pumunta ng espesyalista para sa nunal mo sa ilong”,
Note the under Article 354 of the Revised Penal Code, the law presumes malice
in every defamatory imputation, even it is true. 5
Second, can the identity of the victim be identified based on the statements of Ms.
Madona?
The Supreme Court had the occasion to rule in Corpus vs. Cuaderno Sr., that in order
to satisfy the element of identifiability, it must be shown that at least a third person or a
stranger was able to identify him as the object of the defamatory statement. 6
It can be argued therefore that since the victim’s close friend was able to call her and
advise regarding Ms. Madona’s post and connect the libelous post that the victim was
the subject of the post, although not named, the victim is identifiable.
In fact, the victim was sufficiently described in the post, which validates the claim of
identity.
Third, is the requirement of publicity complied with?
The requirement of publicity was complied when the libelous material was read by the
victim’s close friend (a person, other than the victim and author of the libelous material.
Fourth, is this a libel committed by means of a computer, hence, falls under the
Cybercrime Prevention?
Clearly, posting libelous materials in facebook (a social media platform) complies with
the requirement under sec 6 of Cybercrime Law.
Can Ms. Madona be prosecuted and possibly convicted under Cybercrime Law?

5 Art. 354, Revised Penal Code. “Requirement for publicity. — Every defamatory imputation is presumed to be malicious, even if it
be true, if no good intention and justifiable motive for making it is shown…”

6 http://www.abogadomo.com/law-professor/law-professor-archives/libel-laws-of-the-philippines. On the other hand, to satisfy the

element of identifiability, it must be shown that at least a third person or a stranger was able to identify him as the object of the
defamatory statement. In the case of Corpus vs. Cuaderno, Sr. (16 SCRA 807) the Supreme Court ruled that “in order to maintain a
libel suit, it is essential that the victim be identifiable (People vs. Monton, L-16772, November 30, 1962), although it is not
necessary that he be named (19 A.L.R. 116).”
If all acts are proven and court is satisfied, then Ms. Madona “may” be convicted under
sec. 4(c)4, in relation to Art. 355 of the Revised Penal Code.

THOUGHT/S.
THINK, BEFORE YOU CLICK.

DISCLAIMER:
The situation, events, names and the characters depicted are fictional and coincidental
and solely for the purpose of scholarly discussion. Unless mentioned that facts are
taken from actual cases, nothing herein refers to real persons or events.

The discussion is based on the fictional situation given, and may vary when situation is
elaborated or changed. Courts of jurisdiction may have different appreciation of
situation presented, may different appreciation of sets of evidence presented, and
hence, is no way a basis for similarity of decisions or pronouncements.

Please be guided accordingly.