Kinds and Definition of Slander or Oral Defamation

8/18/2019 Kinds and Definition of Slander or Oral Defamation

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Kinds and Denition of Slander

or Oral Defamation

Denition:Speaking o f base a nd d efamatory words w hich tend to p rejudice another in h is r eputation, office,trade, business or means o f livelihood

Two kinds o f oral or verbal defamation:

(1) Grave Slander

(2) Simple Slander

A. Factors t o consider:

1. The e xpression used including their sense, grammatical signicance a nd a ccepted ordinarymeaning

2. The p ersonal relations o f the a ccused a nd the o ffended p arty, as when b oth a re b itter enemies

3. The s pecial circumstances o f the c ase and its a ntecedents, such as t he time, place and o ccasionof the utterances, persons p resent

4. The social standing and position of the offended party

B. Words u ttered in the heat of anger or in a quarrel, with some provocation onthe part of the victim, is simple slander.

> The victim may n ot have h eard the words, it is e nough that a third person heard them.


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c) Or words o r phrases w ith d ouble m eanings su ch a s t hose which apparently a re innocent but aredeliberately ch osen because in r eality they convey a different and a derogatory m eaning. Example:“He w ill make a good husband. He is a m ama’s boy”.

(i) Where the alleged libelous m atter is s usceptible of two or more interpretations, one libelous a ndthe other not libelous, the courts are justied in holding that the real purpose of the writer was tohave the public u nderstand what he wrote in the light of the worst possible meaning

4. W hat are n ot defamatory

a). Words commonly u sed as expletives, denoting anger or di sgust rather than as defamation, suchas t he expressions “Putang inaka, tarandado ka”, “Ulol”, “Punyeta ka”.

b). Expressions o f an opinion made by one who is e ntitled to state an opinion on a subject in which

he is interested. E xamples:

(i) An heir w rites that their was unfairness in the distribution of the properties

(ii) A lady c omplains o ver the radio that there was d iscrimination against Cordillera girls w omen inthe s election o f candidates t o the Miss B aguio P ageant

(iii). A law student writes i n the school news organ that he believes the faculty i n the college of laware generally lazy and are not kept abreast with new jurisprudence

(iv). A teacher declared in an interview that the students o f one school are less intelligent than thosein another scho ol

c). Words which are merely insulting are not actionable as l ibel or slander pe r se, and mere words o fgeneral abuse however opprobious, ill-natured, or vexatious w hether written r spoken, do n otconstitute a basis f or an action for defamation in the absence of allegation for special damages. Thefact that the language is o ffensive to the plaintiff does n ot make it actionable by itself ( MVRS Pub.Inc. vs I slamic Da’wah Council of the P hil. 444 P hil. 20; Binay v s. Sec. of Justice Sept. 8, 2006)

B. Second Element: Publicity o f the Libelous M atter1. This m eans t he accused caused the libelous m aterial to b e kn own o r read o r seen or heard b y athird person, other than the person to whom it has b een written i.e. the victim. Somebody m ust haveread, seen or heard the libelous material due to the acts o f the accused.

(A). The addressing of defamatory words d irectly to the person concerned, and to no other pe rson,does not constitute an actionable libel.


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(B). If it was t he victim himself and not the accused, who showed, informed or relayed the libelousmaterial to others, then the accused is n ot liable.

(C). Circulation or publicity i s n ot necessarily t hrough the newspaper.

(D). Examples:

i). Posting the material in the internet or posting in a bulletin board

ii). Showing the caricature, or naked picture, of the victim to another

iii) Announcements i n the radio, or paid advertisements su ch as “The public is w arned not topurchase the skin lotion products o f ABC Corp. to prevent possible cancer”

iv). Asking someone to write a defamatory letter about the victim

iv). Sending the letter to the victim through a messenger but it is i n an unsealed envelope ( thepresumption is t hat the letter is i ntended to be read by a nyone other than the victim). Thus i f the letteris s ent in a sealed envelope, the element of publicity is m issing.

2. Effect: Each separate publication of a libelous m atter is a separate crime, whether published inpart, or in the same newspaper. Example: (i) There as m any crimes o f libel as t here are variousshowing or st aging of a libelous d rama or st age play in different venues a nd at various t imes.

(ii) If the s ame l ibelous n ews i s p ublished in two or more newspapers, then there be such number ofseparate l ibels co rresponding to the d ifferent newspapers w hich published the m aterial.

C. Third Element: The Person libeled must be identied.(Identity of victim)1. This m eans t he complainant or plaintiff must prove he is t he person subject of the libelous m atter,that it his r eputation which was t argeted.

2. This e lement is e stablished by t he testimony of witnesses i f the complainant was n ot directlymentioned by n ame. They m ust be t he public o r third persons w ho can identify the complainant asthe person subject of the libel. If third persons can not say it is the plaintiff or complainant who is thesubject, then it cannot be said that plaintiff’s n ame has b een tarnished.

a). Where the publication is a mbiguous as to the person to whom it applies, the testimony ofpersons w ho read the p ublication is a dmissible for the p urpose of showing w ho is i ntended to b edesignated by the words i n said publication


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3. How the identication or referral to the plaintiff is made

a). Directly b y h is n ame

b). By descriptions o f his p erson, his a ddress, nature of his o ffice or work, his actions, or any otherdata personally c onnected or related to the plaintiff; or identication from similar other thecircumstances

c) F rom the likeness of his face or features to the libelous drawing, caricature, painting or sculpture

4. The victims m aybe natural persons w ho are alive or juridical persons, or deceased persons a s t otheir memory.

5. Rule if several persons w ere defamed or libeled

a). If several persons w ere libeled in one article, but all are identiable, then there are as m anycharges o f liable as t here are persons l ibeled

b). If the article is directed to a class or group of several persons in general terms o nly withoutspecifying any p articular member, there is n o victim identied or identiable, hence there is n oactionable libel. No person can claim to have been specically libeled as t o give that person the rightto le charges of libel.Examples:

(i). Some lady s tudents i n the 4th year law class section A, are ugly

(ii). Two thirds of the law students are cheaters

(iii). Majority of the policemen are croo ks

(iv). Most lawyers a re thieves d isguised in coat and tie

c). If the defamation is d irected against a group or class and the statement is s o sweeping or all-embracing as t o a pply to e very member of that group o r class, then a ny m ember can le a n a ction

for libel in his o wn name, not in the name of the group/class. (Note: Philippine laws d o not recognizegroup libel). Or if the statement is s ufficiently s pecic so that each individual can prove that thestatement specically p oint to him then he may bring an action in his o wn name.

Examples:

(i). All those belonging to 4th year law class section A are sex p erverts


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(ii) Each and every e mployee in t he a ccounting office is se cretly taking h ome p art of the t uition feespaid.

(iii) If you are a faculty m ember of the college of law of U.B. then you have no integrity but you are ayes-man o f the school President

d). But even if directed against a group or class but the statement is d irectly a nd personallyaddressed to a m ember or members thereof, then only such m ember(s) can bring an action.

Example: A radio a nnouncer addresses himself to Mr. X and Mr. Y and sa ys: “ Mr. X, and yo u Mr. Y.You P angalatoks are se x maniacs”. Only Mr. X and Mr. Y can le a n a ction for libel.

D. Fourth Element: That there be malice on the part of theaccused.1. Malice is t he legal term to denote that the accused is m otivated by p ersonal ill-will, spite, hatred,

jealousy, anger, and speaks purpose is re ally t o destroy, to injure, to inict harm.

2. There are two kinds o f malice

a). Malice in Law or Presumed Malice.

(i) The plaintiff need not prove the existence of malice. It is f or the accused to disprove this

presumption

(ii) This p resumption, that accused was actuated with an evil purpose or malice, arises i f the article isdefamatory o n its f ace, or due to the grossness o f the defamatory imputation even if the facts a retrue, but there was n o good intention o r justiable motive.

(iii) Examples:

(a). X writes a n article about the sexual escapades o f a society m atron complete with the details o ftime, place, and supported by pictures. In such case the law presumes that X was actuated by

malice even if what he wrote is t rue.

(b). X calls t he radio and announces t hat the family o f Juan de la Cruz i s a family o f thieves a ndcrooks.

b). Malice in Fact or Malice as a Fact. -. It is t he malice which must be proven by the plaintiff. Hemust prove the purpose of the accused is t o malign or harm or injure his r eputation. This a riseseither because:


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(i) the article is not defamatory on its face or if libelous it is ambiguous

(ii) the accused was a ble t o o vercome t he presumption o f malice.

Prosecution for Libel

A. Remedies o f the Victim: (i) the person libeled may le acriminal case or a separate civil case for damages (ii) buthe may o pt to recover damages in the same criminal case

B. Jurisdiction and Venue of the criminal action1. a). Actions based on libel, whether civil or cr iminal, are within the exclusive jurisdiction of theRegional Trial Court even if the penalty i s w ithin the Jurisdiction of the Municipal Trial Courts.

b).The civil case must also be tried in the RTC trying the criminal case (No separate civil action)

c) If the libel imputes a ny of the private crimes, the Prosecution must be upon a complaint led bythe offended party

2. Venue: as a general rule the action for libel shall be in the RTC of the province/city where thearticle was rst printed and published ( Rule of Place of First Print and Publication) but it may a lso beled elsewhere as follows:

a). If a p rivate p erson: i n t he R TC of the p rovince/city where h e r esides

b). If a public official and holding office in Manila: In t he R TC of Manila

c) If a public official holding office outside Manila: in the RTC of the province/city w here he holdsoffice

C. Persons L iable for Libel1. In case of written libel:

a). The Authors of the written defamatory article, the artists, sculptor, or painter


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b). Any person who shall publish, exhibit or cause the publication or exhibition thereof ( i.e. thosepersons ot her than the a uthor, w ho m ake k nown the libelous m atter to a third p erson)

c). the editor or business m anager of the print media w here the a rticle was p ublished

2. In case of non-written libel

a). the speaker, announcer or utterer of the defamatory s tatements a ired over the broadcast media;the host of the show where the libelous st atement is m ade

b). the p roducers a nd m akers o f the l ibelous ci nematographic lm, stage show, play o r drama

3. Other persons u nder the principle of “Libel by R epublication” i.e. a person is l iable, though he isnot the author of has n othing to do with the libelous m atter, if he knowingly r epublishes o r circulatesthe said libelous matter.

Defenses Allowed in Libel

1. Concept:A. In general: if the a ccused proves t he absence of any of the elements, then he is n ot liable. Thushe may show: the material is n ot defamatory; there is n o publicity; it is i mpersonal and does n ot refer

to the plaintiff; or that there is n o malice.

B. There are however specic d efenses w hich may r efer to any of the e lements o f libel or areindependent defenses i n themselves. These defenses w ere established by jurisprudence,particularly b y U nited States D ecisions, as o ur Libel law is b ased primarily o n American concepts.

II. The Doctrine of Privilege CommunicationA. This is a defense against the element of malice and it applies to both libeland oral defamation. This m eans t hat even if the material is c onsideredlibelous still there is n o malice in the eyes o f the law. These consist of twokinds: (a) Absolutely P rivilege Communication and the (b) QualiedlyPrivileged Communication.

B. Absolutely Privileged Communication: this refers t o a communication,whether oral or written which is d efamatory a nd may e ven be made in bad


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faith but which cannot give rise to either criminal or civil liability. This isbecause there are higher considerations involved which are considered moreparamount than the d amage to the reputation o f a p erson.

1. Privilege Speeches i n the halls o f Congress

2. Communications m ade by public officers i n the performance of their duties, such as theexplanations o n a m atter made b y a public officer to his su perior though it contains h arsh language

3. Statements m ade in judicial proceedings i f pertinent and relevant to the case involved, such as t heallegations in the pleadings

4. Statements a nd e vidence submitted in a Preliminary Investigation.

C. Qualiedly/Conditionally P rivileged Communication: this r efers t ocommunications in which the law presumes the absence o f malice, thus t hey

are initially not actionable. The burden therefore is on the plaintiff to prove theexistence of actual malice.

D. Two Kinds of Qualiedly P rivileged C ommunications U nder Article 354.

1. Private C ommunications, made by o ne to another in the performance of a l egal, moral or socialduty p rovided that: (i). The one making the communication must have an interest in the subject and(ii) the person to whom the communication was m ade is on e w ho can act on the matter

(a). This c ommunication maybe oral or written, private, public o r official document which are sent for

redress of grievances or to request for appropriate action. But it must be private in that it is intendedto be only b etween the s ender and the r ecipient. Undue publicity removes t he p rivilege.

Hence a so called “O pen Letter” is n ot privileged. Also, accusations m ade in a p ublic g athering arenot privileged.

(b). The communication must meet these e lements:

(i). T he person who made the co mmunication had a legal, moral or social duty to m ake thecommunication, or at least, had an interest to protect, which interest may either be his o wn or of theone to whom it is m ade

(ii). The communication is a ddressed to an officer or a b oard, or superior, having some interest orduty in the matter, and who has t he power to furnish the protection sought ( or that the recipient is aproper person w ho can a ct on the co mmunication) and

(iii). The statements i n the communication are made in good faith and without malice ( Binay vs. Sec.of Justice, Sept. 08, 2006)


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Legal duty: presupposes a provision of law imposing upon the accused the duty to communicate.Such as t he complaint by a citizen concerning the misconduct of a public official to the latter‘ssuperior even if, upon investigation, the matters a re not substantiated. But it may be shown that thecharges were m aliciously m ade w ithout reasonable g round for believing them to b e t rue.

Also, a report to the police by a citizen about the suspected criminal activities of another person,even if latter it is p roved the suspicions w ere groundless, is p rivileged.

(d). Moral or social duty p resupposes t he existence of a relationship between the sender and therecipient of the communication, or the condential and pressing urgency o f the communication.

(e). The sender must have an interest in the subject of the communication and the recipient must bea p roper person who can a ct on the subject to the communication.

Thus a letter-complaint describing an SLU law professor as l azy incompetent, and an absentee, isprivileged if sent to the SLU President. It is not privileged if sent to the President of U.B.

If a teacher writes t o his f ellow teacher that a student of his i s b ecoming irresponsible and possibly adrug user, the same letter is n ot privileged. But if sent to the parents o f the student for theirinformation and action, it is conditionally p rivileged.

(f). In Alcantara vs. Ponce ( Feb. 28, 2007) the court adopted the ruling in the U.S case of Borg vs.Borg in that a ”written charge or information led with the prosecutor or the court is not libelousalthough proved or be false and unfounded. Furthermore, the information given to a prosecutor by a

private person for the purpose of initiating a prosecution is p rotected by the same cloak o f immunityand cannot be used as a basis for an action for defamation. “

In this A lcantara c ase, a newsletter submitted b y p arty in a p reliminary investigation, which wasdefamatory, was considered as a privilege communication.

It was a lso ruled that under the Test of Relevancy, a matter alleged in the course of the proceedingsneed not be in every ca se material to the issues o r be so pertinent to the controversy t hat it maybecome the subject of inquiry in the course of trial, so long as t hey are relevant.

2.-A: A fair and t rue r eport of any official proceeding, or of any statement, report, or speech, madethereat

(a). The proceeding must not be condential, such as the hearings b efore the Senate, as opposed tothe close door executive sessions o f the senate . Thus i f the report is w ith respect to a public r ecord,it refers o nly to those made accessible to the public w hich may be revealed for public interest orprotection of the public.


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(b) The r eport must be w ithout any u nnecessary co mment or libelous r emarks ( i.e. no e ditorializing)

(c).The report must be accurate and should not intentionally d istort the facts. If there is e rror in thefacts reported, the report is still privilege if made in good faith

(d) Examples: News r eport of a judicial proceeding, including the ling of a complaint in court; orwhat a w itness t estied; or of a ve rbal and heated argument between two c ouncilors d uring thesession of the city c ouncil.

(e). This d efense apply m ost often to members o f the media who write on said matters o r reportthem as news

2-B. F air and True Report of the Official A cts of a P ublic Official

(a). The public a nd official acts o f a public o fficial, including his p olicies, are legitimate subjects o f

comments a nd criticisms, though they m ay be unfair. Public officials a re not supposed to be onion-skinned. “Public officials, like Ceasar’s w ife, must be beyond reproach and above suspicion”.

(b). But the communication may b e a ctionable:

(i) If it contains a n imputation which is a false allegation of a fact or a comment based on a falsesupposition

(ii). If the attack, criticism or i mputation pertains to his private acts or p rivate life, unless these reecton his p ublic ch aracter and image as a public official.

(iii) As st ated in the U.S. case of New York Times vs. Sullivan, a public official may recover da magesif he proves t hat : “the statement was made with actual damage, that is, with knowledge that it wasfalse or with reckless disregard of whether it was f alse or not”

B. Matters C onsidered Privileged ByJurisprudence

1. Fair Comments o n Matters o f Public Interest

(a) I n Borjal vs. Ct. of Appeals, (301 SCRA 1, Jan. 14, 1999) it was h eld that the enumeration inArticle 354 is n ot an exclusive list of qualiedly p rivileged communications b ecause “fair commentson matters o f public i nterest are privileged and constitute a valid defense in an action for libel or


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slander”

(b). They refer to events, developments, or matters i n which the public a s a whole has a legitimateinterest.

Examples

(i). A news r eport on t he w elfare o f youth and students i n a school allegedly st affed by incompetents,or a d umping ground of mist teachers, concerns a matter of public interest.

(ii). An editorial criticizing the owner of a ship which sunk, for his delay i n extending nancial help tothe family of the victims, is not libelous as the in action is a matter of public interest.

(iii). The arrest and prosecution of law violator is a matter in which the public has a right to know.Thus t here is n o liability for reporting that a lady w as a rrested for selling shabu or that a person was

charged in court or con victed by a court for Estafa. The persons in question cannot le a case forlibel.

(iv). A radio announcer lambasts a family for their adamant refusal to vacate and remove theirstructure inside a park.

2. Comments a nd Criticisms o n the Actuations o f PublicFigures

(a) Public gures r efer to people who place themselves i n the public l imelight or attention either: bynature of their business or activity, or mode of living, or by adopting a mode of profession or callingwhich gives t he public a legitimate interest in his d oings, his a ffairs a nd in his c haracter or whichaffect public i nterest (these are the celebrities), or because they p articipate in public a ffairs o rregularly and publicly e xpound their views o n public affairs.

Examples o f the rst: movie stars; national athletes; those representing the Philippines i n worldbeauty pa geants, Manny P acquiao; hosts of TV shows/programs suc h a s the Tu lfo b rothers,

musicians, novelists. The spouse of the President is a public g ure.

Examples o f the second: candidates f or an elective position; columnists o f national newspapers,TV/radio c ommentators, Cardinal Sin d uring h is t ime, Jose Maria S ison.

( b) As w ith public officials, the imputation maybe actionable if it is (i ) a false allegation of fact or (ii) itis b ased on a false supposition.


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3. Justied Libel or the Privilege of a Reply.This i s ghting libel with libel. This r efer to communications m ade in response to a libel i n order tocounter and/or remove the libel, provided it is l imited t o and rel ated to the d efamatory imputation a ndnot unnecessarily l ibelous.

4. Truth And Good Motives or Justiable Ends.A. It is n ot enough that what was publicized about another is t rue. The accused must also provegood motives o r intentions a nd justiable ends, in order to disprove malice.

B. This d efense is a vailable only i f: (a) What is i mputed to another is a crime regardless if the victimis a private or public person or (ii) if the victim is a public officer regardless of whether a crime isimputed, so long as i t relates to the discharge of their official duties

C. Illustrations: one writes about the criminal activities of another in order to show that crime doesnot pay, or to set an e xample o f what conduct to avoid.

5. The Principle of Neutral Reportage.A. This i s a defense available t o one charged n ot as t he a uthor but as a republisher of a libelousmaterial

B. The republisher who accurately a nd disinterestedly reports c ertain defamatory st atements m adeagainst public gures, is s hielded from liability, regardless of his s ubjective awareness of the truth orfalsity o f the accusation. ( See Fil Broadcasting Net Work vs . AGO Medical and Educational Center,448 SCRA 413)

Example: A parent of a st udent goes on radio to d enounce a sc hool teacher as b eing incompetent,absentee, bias a nd prejudiced. A news r eporter quoted the accusations in his n ews a rticle. He is n otliable even if he p ersonally kn ows t he accusations a re untrue.

356. Libel As A Threat (Blackmailing)

I. Concept: The law punishes a p erson who demands acompensation or money consideration by:


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1. threatening to publish a libel concerning a person or his f amily a nd

2. offering to prevent the publication of a libel

II. Principles:A. This a form of blackmailing because there is a n extortion for money under threat of so called“exposing” a person. This i s o ften called demand for “Hush Money”

B. If both modes were committed by a single person, there is o nly o ne offense. If committed by twodifferent persons t here be t wo s eparate offenses, unless b oth a re in conspiracy.

C. The crime is consu mated once t he threats or offers were m ade.

III. Examples:A. The accused threatened to publish in a weekly p eriodical certain letters w ritten by a marriedwoman u nless she pa id a cer tain sum of money.

B. The producer of a TV Program demanded money from a p olitician otherwise h e would exp ose thesexcapades o f the politician.

CRIMES AGAINST HONOR1. A person’s n ame, honor and reputation, is a s s acred tohim as his very life. Title 13 seeks to give protectionthereto by d ening certain acts i njurious to a person’sname and reputation as c rimes a nd prescribing penalties

therefore.

2. These crimes, which are in the nature of characterassassination, are classied according to the manner oftheir commission into the following:


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a). Libel w hich i s by m aking u se of the m ass m edia a nd literary forms or literary ou tlets

b). Oral Defamation which is by the us e of oral utterances

c). Slander by D eed which is by p erforming an a ct intended to c ast dishonor, disrespect or

contempt upon a person .

d). Incriminatory machinations which may ei ther be:(i) Incriminating an i nnocent person in the com mission of a cr ime by planting evidence(ii) Intriguing against honor by resorting to a ny sch eme, plot, design, but not by direct spoken

words, to destroy the reputation of another

3. Elements com mon to crimes a gainst honora) That there be a matter, oral written or in whatever form, or of an act, which is defamatory toanother

b).That there is p ublicity o f the defamatory m atter

c). That there be malice on the part of the accused

d). That the person defamed is i dentiable

4. The foregoing crimes ca nnot be committed by

negligence because all require the element of malice.

5. Title 13, especially the article on libel constitutesanother limitation to the freedom of speech and of thepress a s these two freedoms ca n not be allowed to beused to destroy the good name of an innocent person.

CRIMES AGAINST THE CIVILSTATUS OF PERSONS


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Art. 347. Simulation of Births,Substitution and Abandonment of aLegitimate Child

I. Acts P unished:1. Simulation of Birth:

2. Substitution of one child for another

3. Concealing or abandoning a legitimate child to cause the lose of civil status

II. PrinciplesA. In simulation and substitution, the child need not be legitimate.

B. The purpose of the acts p unished must be to cause the loss of the civil status o f the child or toobtain the civil status of another.

C. Simulation of birth, the act of making it appear that a woman gave birth to a child, must be in the

record of birth/birth certicate. A birth certicate is o btained indicating that the woman gave birth to achild when in truth she did not.

1. If the simulation is i n any o ther document, the crime is f alsication

2. If the woman feigns o r pretends to be pregnant and then makes i t appear she gave birth to a babywhen in t ruth the b aby i s t hat of another, such pretense is n ot punished. But when she causes t hebirth to be recorded, said act constitute the crime of simulation of birth.

3. Where t he woman pretends to b e p regnant and to g ive b irth in o rder to d emand support from the

alleged father, the crime is estafa.

D. The abandonment is n ot to kill but to cause it to lose its c ivil status. It consists o f the practice ofleaving an infant at the door of a religious or charitable institution, hospitals, or a foster home or theDSWD. The child be legitimate else it is a crime against security i.e. abandonment by personshaving charge of the education or rearing of the child.

E. Substitution has for its principal element the putting of a child in place of another born of a


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different mother. This results to a change of status b ecause a child is i ntroduced into a familyalthough said child is a stranger thereto. The child acquires a name, situation and rights t o which it isnot lawfully entitled.

Example: (i). Placing a different baby in the crib of another

Art. 348. Usurpation of Civil Status.

I. Concept: the crime committed by a ny p erson who shallusurp the civil status of another. It is the act of pretendingto be another person so as to enjoy the latter’s rights,

liations, paternity or conjugal rights, including hisprofession or public status. It involves the idea ofimpersonating another.A. The penalty is h igher if the purpose is t o defraud t he o ffended party o r his h eirs su ch aspretending to be the lost son or nephew of a rich man

B. Example: (i) “The Prince and the Pauper” (ii) “The Man in the Iron Mask”. (iii). Pretending to be theCesar Oracion in order to be addressed as “Dean”

II. Other Related Crimes involvingusurpation/impersonationA. May b e Using Fictitious N ame as when the accused another to avoid being arrested for trafficviolations.

B. Estafa as b y p retending to be the creditor or collector

C. Falsication as by pretending to be the payee in a check

D. Perjury


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Prosecution of private crimes and

liability of persons guilty ofcrimes against chastity

Book 2- Crimes And Penalties

inShare

ART. 344. PROSECUTION OF PRIVATE CRIMES

I. Necessity of a complaint i.e a formal denunciation indicating that the victim and her family opt not tokeep the incident a private matter but to bring it out in the open in order to prosecute the offender

A. In Adultery and Concubinage: the complaint can only be initiated by the offended spouse who muststill be married to the guilty spouse at the time of the bringing of the complaint, and not when themarriage has already been annulled or voided at the time when the action was brought.

1. against both guilty parties if both are alive

. provided there was no prior consent or pardon

!. In Acts of "asciviousness and abduction, the complaint must be initiated by the followingenumerated persons.

N#$%: $he enumeration is both exclusive &no other person has the personality to file e'cept those inthe enumeration( and successive ( the order of preference must be followed ) :

1. )ictim or offended party unless the victim is incapacitated by reasons other than minority. If sheis of legal age, she alone can bring the action.

. !y either of the parents if the victim is a minor who refuses to file, or is incapacitated as whenshe is demented or insane

*. !y either of the +randparents

http://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1076-prosecution-of-private-crimes-and-liability-of-persons-guilty-of-crimes-against-chastity.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1076-prosecution-of-private-crimes-and-liability-of-persons-guilty-of-crimes-against-chastity.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1076-prosecution-of-private-crimes-and-liability-of-persons-guilty-of-crimes-against-chastity.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1076-prosecution-of-private-crimes-and-liability-of-persons-guilty-of-crimes-against-chastity.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1076-prosecution-of-private-crimes-and-liability-of-persons-guilty-of-crimes-against-chastity.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1076-prosecution-of-private-crimes-and-liability-of-persons-guilty-of-crimes-against-chastity.html


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. !y the legal or the court appointed guardian

-. !y the state as parens patriae when the victim dies or becomes incapacitated before she can filethe complaint and has no known parent, grandparents or guardian

II. efenses in Acts of "asciviousness and Abduction

A. /ardon by the #ffended /arty

1. $he pardon must be e'press

. If the offended party is of legal age and is not otherwise incapacitated, she alone can e'tend avalid pardon

*. If a minor but of sufficient discretion, the victim can e'tend a valid pardon if she has no parent,otherwise the pardon must be concurred by the parent, grandparent or guardian

!. A valid 0arriage between the #ffended and the #ffender i.e contracted in good faith

1. e'tinguishes the criminal liability & case will be dismissed( or remits the penalty & accused will notsuffer the penalty anymore(.

. $his benefits the co principals &by indespensable cooperation and inducement but nto co

principals by direct participation(, accomplices and accessories

ART. 345. CIVIL LIABILIT OF PERSONS !UILT OF CRIMES A!AINST C"ASTIT

I. $hey include:

A. Indemnification of the offended party. 0oral damages is recoverable in acts of lasciviousness by thevictim as well by the parents

!. Acknowledgement of the offspring, unless the law should prevent him from so doing

C. $o support the offspring


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1. In the following there can be no acknowledgement :

&a(. in cases of adultery and concubinage

&b(. where the offended party is married, provided that paternity is not that of the husband

&c(. when paternity can not be determined. Note that NA testing is accepted to determinepaternity

. 2here there are several accused and paternity can not be determined, all must give support.

ABDUCTIONA. Concept: the taking away of a woman with lewd designs i .e. to obtain sexual gratication.

1. Forcible (Article 342): if the taking away is a gainst herwill.

a). This presupposes the use of force, violence threat or intimidation or any method to overcome herresistance, or to deprive her of the ability to resist

.

b) If the woman was t hereafter raped, it the crime is F orcible Abduction with Rape, and if there beseveral rapes, the other rapes a re considered as separate crimes.

c) From Kidnapping/Serious I llegal Detention

(i) In kidnapping, there is n o lewd design but to either deprive or restrain the woman of her personalliberty/freedom of movement, or the p urpose is to d emand a ransom


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(ii) If several rapes were committed on the woman, the crime is ki dnapping with rape and the otherrapes a re a bsorbed and a re a ggravating c ircumstances w hile in Abduction, the o ther rapes a reseparate offenses

d). It is T rafficking in Persons i f the purpose is f or sexual exploitation, forced labor or services,slavery, involuntary servitude or debt bondage, or sale of organs

2. Consented (Article 343) the taking away of a woman ofgood reputation, 12 years o r over but under 18 years o f

age, carried out with her consent and with lewd designs.

a) There may o r may n ot be deceit employed to get the woman to agree, as for example, convincingthe woman to elope with the man. The consent must be given freely a nd intelligently.

b) There b e lewd design else t he crime m ay be inducing a m inor to a bandon the home

ACTS OF LASCIVIOUSNESS

A. Concept: the act of making a physical contact with thebody o f another person for the purpose of obtaining sexual

gratication other than, or without i ntention of, s exualintercourse.1. The c ontact may b e by t he body of the a ccused such a s b y the lips, hands, foot; or by m eans ofany object or instrument. In either case there must be no form of insertion into the anus, mouth orsex o rgan a mounting to rape through sexual abuse.


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2. It is d istinguished from Attempted Rape in that there is n o intent to have sexual intercourse withthe victim. The intent may be inferred from the circumstances o f time, place, and occasion, orinferred from the nature of the act i tself.

3. It is distinguished from Unjust Vexation in that there is n o lewd design in unjust vexation

Example: (i) The a cts o f an a rdent lover such as ki ssing, embracing a rising from his p assion, areunjust vexation merely. (ii). The touching of the private parts of a woman out of curiosity is u njustvexation.

4. If the acts o f lasciviousness (including sexual intercourse) is p erformed upon a child exploited inprostitution or other sexual abuse (i.e. abuse other than the acts o f lasciviousness such as w hen thechild is t he subject of an obscene publication or pornography o r of indecent shows) whether male orfemale, the acts w ould co nstitute s exual abuse p unished under R.A. 7610 ( The Child Abuse L aw)( Olivarez vs. C.A., July 2 9, 2006)

B. Kinds:1. Forcible (Article 336) if made under circumstances o f forcible rape, i.ethrough force, threat, violation, intimidation.

a. The accused m ay be any per son and t he victim may be a m ale or female

2. Consented: (Article 339) if made u nder circumstances o f seductionwhether simple or qualied i.e.

a) victim is a female of chaste character

b) over 12 years but below 18 year s, or a w idow

c) there was deceit or abuse o f authority, abuse o f condence o r abuse o f relationship


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CONCUBINAGE

I. How committed/Concept: The crime com mitted by a m arried man who:

1. Shall keep a mistress i n the c onjugal dwelling

a). the concubine must live in the conjugal dwelling even for brief periods o f time, and not where sheoccasionally comes for a tryst or to spend the night therein

2. Shall have s exual intercourse w ith her under scandalous ci rcumstances

a). Proof of sex is n ot necessary b ut may be inferred

b). There be a public o r open aunting of the illicit relationship so that the public i s s candalized,shocked, or the conduct give rise to general protest, or that the relationship sets a bad example.c). Example: being seen with the woman in social and public g atherings; introducing or treating thewoman a s though she w ere the wifed) Since public r eaction is g auge of the scandal is t here concubinage if:

(i) openly going o ut is in p laces w here t he t wo a re t otal strangers(ii) relatives a nd a cquaintances a ccept the f act of the relationship, as w hen the w ife l eft the man

who now is car ed a nd loved by anot her woman?

3. Cohabit with her i n any o ther place

a). To cohabit is t o live together as h usband and wife.b) QUESTION: Is concub inage co mmitted b y the m an in providing the woman h er own house o rapartment but does n ot live with her though he regularly v isits h er thereat, at which time they engagein sex?

II. Unlike in adultery, the f act of criminal conversation or sexual intercourse w ith a w oman

does not per se give ri se to concubinage. Further, each sexual act is n ot a s eparate o ffensebecause c oncubinage is t reated as a continuing crime.

Note: In adultery the penalty is t he same for both the woman and man (Prision correctional mediumand maximum) but in c oncubinage the p enalty for the man is l ower by one degree ( prisioncorrectional minimum and medium) while the concubine is g iven a s eparate p enalty which isdestierro.


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III. The w oman is l iable i f she k nows h im to be m arried (even if unhappily a t that and even ifher purpose is t o provide co mfort and companionship)

IV. The d efenses ava ilable in adultery al so apply su ch as consent and pardon.

ADULTERY

I. Concept: The crime committed by amarried woman who shall have sexualintercourse with a man not herhusband, and by the man who hascarnal knowledge of her, knowing her tobe married”A. The gist is a ctual sexual intercourse and not just mere romantic d ating, or petting or kissing

B. There is no frustrated stage: it is either that the accused were able to engage in sex or not.

C. It is n ot a continuing crime because each separate sex a ct on a different occasion is a differentand a se parate crime.

D. This m ay be committed when a married woman marries a second time w ithout the rst havingbeen judicially annulled or vo ided. Her liability is in addition to bigamy.

II. The Judicial validity of the woman’smarriage is not material. It is enough


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that there was a marriage which hasnot yet been annulled or declared nulland void.

III. Rationale:A. The possibility o f introducing spurious h eirs

B. Violation of the marriage vows a nd the sanctity o f the marriage based on the exclusivity o f the

sexual partner.

III. Defenses in AdulteryA. Pardon by t he offended spouse if (1) given to both the guilty p arties a nd (2) prior to the institutionof the criminal action

B. Pardon m ay b e e xpress or implied, as b y sleeping with the woman despite kn owledge of theadultery (Pardon of the Act)

C. Consent given prior to t he a dultery, such as i n mutual agreement to separate and to live withanother partner

D. Recrimination or mutual indelity is merely mitigating

E. The fact that the woman is l egally se parated from the husband is n o defense.

IV. Principles in the Prosecution ofAdulteryA. Direct evidence is n ot necessary a s a dultery m ay be implied from the circumstances o f time,place a nd occasion

B. There m ay b e a separate t rial for the man and the woman


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C. The man may be acquitted if he did not know the woman is m arried

D. If the man is m arried, he may a lso b e liable for concubinage and the married woman man mayalso b e ch arged a s a co ncubine

V. Special Extenuating Circumstance ofUnjustied AbandonmentA. The penalty is a t least one degree lower

B. The essence i s that the woman was f orced to co mmit adultery by r eason o f extreme n ecessitywhich refers t o economic n ecessity a nd the need for survival, such as p roviding for the shelter andsustenance o f her abandoned family.

Seduction

As t o the crime of Seduction, a qualication has to be made because it appears t his cr ime has b eenmodied b y rape committed by m eans of fraudulent machination or by grave abuse o f authority.

In seduction the victim consented to the sexual intercourse.

A. In qualied seduction (Article 337) what makes t he

offense qualied is b ecause of the character of theaccused, the excess of power or abuse of condence.Thus t he consent of the victim was o btained because ofany of the following:


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(i). Abuse of authority s uch as b y p ersons i n authority, guardians, teachers, persons w ho areentrusted with the education or custody o f the victim

(ii). Abuse of the condence reposed in them such as b y p riest, minister, house servants, domestics

i.e. one living under the same roof as the victim

(iii). Abuse of relationship such as b y b rothers o r ascendants

1. Under the Anti Rape Law, there is r ape by “grave abuse of authority” hence it would seem that ifthe accuse falls under any of the foregoing classication but if the abuse is n ot “grave”, the offensewould still be qualied seduction. But when is t he abuse considered grave, so as t o give rise to rape,and when is i t mild or not grave?

B. In simple seduction (Article 338) the seduction was“committed by means o f deceit”.

1. Deceit was u nderstood to be generally in the form of unfullled promise of marriage. Hence, it

would seem that if the consent to sex was by any artice other than by a p romise of marriage, theoffense would be rape by “fraudulent machination”.

C. Requirements f or seduction or consented sexualintercourse:

1. The victim is a w oman who must be over 12 years be cause i f her age is be low 12 the offense i sstatutory rape

2. She must not be over 18 years ( it is p resumed that if over 18 years, she is o f sufficientunderstanding t o take care of her virtue and c hastity). However even if the w oman is o ver 18 if therewas “Grave Abuse of Authority” or “fraudulent machination” the crime would be rape.


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3. While the law requires t he victim to be a “virgin”, this i s t o be understood as r eferring to a womanof chaste character though she may n ot literally b e virgin.

4. There must be consummated.

Crimes Against PropertyBook 2- Crimes And Penalties

inShareThe major classification includes the following:

1. Robbery:a). ith !iolence or "ntimidation Against Persons # $old-u%)

&). ith 'ore (%on Things # Break-"n)

2. Thefta). Sim%le &). ualified

3.Estafa

4. Malicious Mischiefa). *rdinar+

&). S%ecial Cases

http://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1070-crimes-against-property.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1070-crimes-against-property.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties.html


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5. Arson,. !iolation of the Chattel ortgage aw

Crimes A gainst Property

Title Nine Revised Penal Code:

Crimes Against Personal Libertyand Security

Book 2- Crimes And Penalties

inShare

Crimes Against Personal Libertyand Security

Introduction: These crimes a re committed principally by private persons. If a public officerparticipates, the crime must come from a private person as the principal accused, otherwise thecrime w ould b e a c rime against the f undamental laws o f the state

CRIMES AGAINST PERSONS

http://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1069-title-nine-revised-penal-code-crimes-against-personal-liberty-and-security.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1069-title-nine-revised-penal-code-crimes-against-personal-liberty-and-security.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1069-title-nine-revised-penal-code-crimes-against-personal-liberty-and-security.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1069-title-nine-revised-penal-code-crimes-against-personal-liberty-and-security.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1069-title-nine-revised-penal-code-crimes-against-personal-liberty-and-security.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1069-title-nine-revised-penal-code-crimes-against-personal-liberty-and-security.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties.html


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A. Introduction:They are classied intothree general categories:

1. Destruction of Life2. Physical Injuriesa. Mutilationb. Seriousc. Less S eriousd. slight3. Rapea. Simpleb. Qualied

B. Destruction of Life in general.

1. Death and its inevitability has been the subject ofinquiry: philosophical, religious, biological and legalapproaches

2. Homicide - when used in its g eneral sense it denotesthat the death of a person was n ot due to a suicide orbecause of an accident or to natural causes b ut becauseof the act of a person. The term “homicidal death” refers t o


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a death which was c aused by a nother either intentionallyor by n egligence.

3. The following are the terms u sed depending on who thevictim was:

a). Parricide- the killing of one’s f ather

b). Matricide- the killing of one’s motherc). Filicide- t he killing of a childd). Fratricide- the killing of one’s brother or sistere). Uxoricide- t he killing of one’s wifef). Prolicide- the killing of one’s offspringg). Hosticide- the killing of an enemyh). Hospiticide- the killing of one’s h ost or guesti). Feminicide- the killing of a woman

j) Infanticide- k). Suicide- t he killing of one’s self

l) Regicide- the killing of a king or queenm). Genocide- the massacre o f a p eople

C. Classication Under the RevisedPenal Code


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1. Factors Which Determine What Offense Arose from theDeath of a Person

a). The p resence of qualifying a ggravating c ircumstances

b). The r elationship b etween t he a ccused a nd the v ictim

c). Whether t he victim is born or st ill a fetus

d) The age of the victim

2. Classication of Crimes R esulting from the Death of aPerson

a). Destruction of Life: the killing of a human being. Question: X killed Y. What are the possiblecrimes w hich arose due to the k illing? They may e ither be:

(i). Parricide

(ii). Murder

(iii). Homicide which includes ( a) Under Exceptional Circumstances ( b) In a tumultuous Affray (c) In aduel

(iv). Giving Assistance to a Suicide

(v). Infanticide

(vi), Abortion


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Art. 245 Revised Penal Code -

ABUSES AGAINST CHASTITYBook 2- Crimes And Penalties

inShare

A#$. %45. ABUSES A!AINST C"ASTIT

A. Introduction. $his is different from Crimes Against Chastity which are private crimes and re3uire a

complaint to be prosecuted.

$here are three situations when the crime is committed and in all three a woman is the victim.

!. 4irst: by soliciting or making immoral advances to a woman interested in matters pending before thepublic officer, or with respect to which he is re3uired to submit a report to or consult with a superior

1. $he offender is any public officer including a female officer . $o solicit is to demand, suggest, proposed or ask for se'ual favors. It must be characteri5ed by

earnestness and persistence, not 6ust a casual remark even if improper. 0ere solicitation consumates thecrime even if the solicitation or advances had been re6ected.

*. If as a conse3uence the officer succeeds in committing an immoral act, the same is a separate offense

. 7econd: $he solicitation is upon a woman prisoner

1. $he offender is any person who is directly charged with the care and custody of prisoners, or

persons under arrest such as 8ail +uards and law enforcers who have arrested a woman whohas not yet been turned over to the 6ail. 4emale guards and law enforcers are included

. If the woman succumbs or consented the 6ailer is liable

%. $hird: 9pon a female relative who is the sister, daughter or relative by affinity in the same line of aprisoner. Note the mother is not included.

http://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1067-art-245-revised-penal-code-abuses-against-chastity.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1067-art-245-revised-penal-code-abuses-against-chastity.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1067-art-245-revised-penal-code-abuses-against-chastity.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties/1067-art-245-revised-penal-code-abuses-against-chastity.htmlhttp://www.batasnatin.com/law-library/criminal-law/crimes-and-penalties.html


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9%7$I#N: what are the crimes or offenses involving 6ail guards;

AN72%


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*. $raining environment

a(. )ictim is under the care, custody or supervision of the offender, or one whose education ortraining or apprenticeship is entrusted to the offender &such as coaches of sports teams(

b(. $he demand is a condition to giving of a passing grade, granting of scholarships, payment of astipend, allowance or other benefit

c(. or results to an intimidating or hostile or offensive environment for the student, trainee orapprentice

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Kinds and Definition of Slander or Oral Defamation

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