EMMANUEL Y. ARTIZA AND MANUEL C. BALDEO, AS MEMBERS OF THE MANAGEMENT COMMITTEE; JUSTINA F. CALLANGAN, AS DIRECTOR OF THE CORPORATION FINANCE DEPARTMENT; ATTY. The threat of the libel laws of some foreign countries is so dramatic that the United Nations Human Rights Committee examined the issue and indicated that in some instances the law of libel has served to discourage critical media reporting on matters of serious public interest, adversely affecting the ability of scholars and journalists to publish their work. G.R. No. Under Article 353 of the Philippines Revised Penal Code, libel is defined as “a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead.” TERESA B. G.R. Proceeding from the definition of libel under Article 353 of the Revised Penal Code, cyber libel is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead, and committed … No. 215994, June 06, 2016 - OFFICE OF THE OMBUDSMAN AND FIELD INVESTIGATION OFFICE, Petitioner, v. ROLANDO B. FALLER, Respondent. No. G.R. If the offended party is a private individual, the criminal action may also be filed in the RTC of the province where he actually resided at the time of the commission of the offense Eloisa Lope / … For the third requisite, it is not necessary that the person defamed is named. G.R. A.C. No. Rappler CEO Maria Ressa walks out of a regional trial court after a scheduled arraignment on her second cyber libel case, in Makati City, Metro Manila, Philippines, December 4, 2020. To prevent this chaotic situation, the High Court effectively limited the venue to the place where the complainant actually resides at the time of the commission of the offense. No. (For in-depth information on defamation law, check out all of the articles in Nolo's Defamation, Libel & Slander section. PAUL L. HERNANDO (ASSOCIATE JUSTICE), HON. The elements of libel are the allegation of a discreditable act or condition concerning another; publication of the charge; identity of the person defamed, and existence of malice. “Cyberlibel brings with it certain intricacies, unheard of when the Penal Code provisions on libel were enacted. G.R. A.C. No. No. G.R. TOMAS, SECRETARY OF LABOR AND EMPLOYMENT, ROLANDO FABRIGAR, MERLYN VELARDE, VINCE LAMBOC, FELIPE GALINDO, LEONARDO MIGUEL, JULIUS RUBIN, EDEL RODEROS, MERLYN COLIAO, AND EDGAR JOPSON, Respondents. G.R. Libel is a crime under the Revised Penal Code. LEE SECURITIES INC., Respondents. 214503, June 22, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RICO ENRIQUEZ Y CRUZ, Accused-Appellant. G.R. G.R. G.R. 214440, June 15, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ALEX MENDEZ RAFOLS, Accused-Appellant. Maria Ressa, Executive Editor and CEO of Philippine news website Rappler, arrives at the Manila City Hall for the promulgation of her cyber libel case on June 15, 2020. G.R. Since the crime of traditional libel is punished under the Revised Penal Code, and under the cyber crime prevention act, if the crime is cyber libel, “the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended”, the penalty imposed would be Prision Correccional in its maximum period to Prision Mayor in its minimum period. SIBYA, JESUS MANUEL S. SIBYA III, JAIME LUIS S. SIBYA, AND THE ESTATE OF THE DECEASED ATTY. G.R. By applying a 12-year period, Keng would still have until the mid-2020s to file his complaint in relation to an article published in 2012 or “re-published” through the update in 2014. No. NOS. ; G.R. JESUS SIBYA, JR., Respondents. RECTO A. CALABOCAL, JUDGE-DESIGNATE, REGIONAL TRIAL COURT, BRANCH 43, ROXAS, ORIENTAL MINDORO, PROVINCE OF ORIENTAL MINDORO, AND MUNICIPALITY OF BULALACAO, Respondents. G.R. No. JOSEPHINE S. CABAÑEZ, Respondent. VIRGINIA DIO, Petitioner, v. PEOPLE OF THE PHILIPPINES AND TIMOTHY DESMOND, Respondents. No. No. No. John needs to know how the law treats this situation, so we discuss some basic aspects of defamation law. G.R. 212504 - CEBU SOUTH MEMORIAL GARDEN, INC., Petitioner, v. LETECIA SIAO, LYNEL SIAO, JANELYN SIAO, ELEANOR FAYE SIAO, SHELETT SIAO AND HONEYLET SIAO, Respondents. G.R. G.R. No. No. No. First, it adds a new element—the crime … 211026, June 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RENATO B. SUEDAD, Accused-Appellant. It aims to address legal issues concerning online interactions and the Internet in the Philippines. No. Most of the petitions against the Cybercrime Law focused on this provision. 186059 - EDUARDO SECRETARY TEODORO, RONALDO SECRETARY GONZALES, SECRETARY ERMITA, GILBERTO SECRETARY PUNO, NORBERTO GEN. ALEXANDER YANO, P/DGEN. 204441, June 08, 2016 - PEOPLE OF THE PHILIPPINES, Petitioner, v. MICHAEL KURT JOHN BULAWAN Y ANDALES, Respondent. While hailed for penalizing illegal acts done via the Internet that were not covered by old laws, the act has been criticized for its provision on criminalizing libel, which is perceived to be a curtailment of the freedom of expression—"cyber authoritarianism". In prosecuting the crime of libel or cyber libel, venue is jurisdictional. SINAMAR LIMOS, Respondent. No. 185857-58, June 29, 2016 - TRIFONIA D. GABUTAN, DECEASED, HEREIN REPRESENTED BY HER HEIRS, NAMELY: ERLINDA LLAMES, ELISA ASOK, PRIMITIVO GABUTAN, VALENTINA YANE; BUNA D. ACTUB, FELISIA TROCIO, CRISANTA D. UBAUB, AND TIRSO DALONDONAN, DECEASED, HEREIN REPRESENTED BY HIS HEIRS, NAMELY: MADELYN D. REPOSAR AND JERRY DALONDONAN, MARY JANE GILIG, ALLAN UBAUB, AND SPOUSES NICOLAS & EVELYN DAILO, Petitioners, v. DANTE D. NACALABAN, HELEN N. MAANDIG, SUSAN N. SIAO, AND CAGAYAN CAPITOL COLLEGE, Respondents. No. No. Rappler CEO Maria Ressa has been charged with cyber libel for the second time. No. It includes the wrongful and intentional publication of words or behaviour concerning another person, which has the effect of injuring that person’s status, good name, or reputation in society. 187462, June 01, 2016 - RAQUEL G. KHO, Petitioner, v. REPUBLIC OF THE PHILIPPINES AND VERONICA B. KHO, Respondents. 183200-01, June 29, 2016 - PHILIPPINE NATIONAL OIL COMPANY-ENERGY DEVELOPMENT CORPORATION AND/OR PAUL AQUINO AND ESTER R. GUERZON, Petitioners, v. AMELYN A. BUENVIAJE, Respondent. 170966, June 22, 2016 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DEPARTMENT OF AGRICULTURE, Petitioner, v. ALBERTO LOOYUKO, DOING BUSINESS UNDER THE NAME AND STYLE OF NOAH'S ARK SUGAR HOLDINGS AND WILSON T. GO, Respondents. 175085, June 01, 2016 - TAN SIOK1 KUAN AND PUTE CHING, Petitioners, v. FELICISIMO "BOY" HO, RODOLFO C. RETURTA, VICENTE M. SALAS, AND LOLITA MALONZO, Respondents. 7330, June 14, 2016 - JUDGE GREGORIO D. PANTANOSAS, JR., Complainant, v. ATTY. CECILIA CLARISSA C, ADVINCULA, Complainant, v. ATTY. 208475, June 08, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MANUEL REBANUEL Y NADERA, Accused-Appellant. 1. FRANKLIN Z. LITTAUA, IN THEIR CAPACITY AS MEMBERS OF THE BOARD OF COMMISSIONERS OF THE BUREAU OF IMMIGRATION, Petitioners, v. DAVONN MAURICE C. HARP, Respondent. The broad and simplistic formulation now in Article 353 of the Revised Penal Code essential for the punishment of cyber libel can only cope with these variations produced by the technologies in the Internet by giving law enforcers wide latitude to determine which acts are defamatory. When committed through information and communication technologies, libel becomes cyber libel, which carries with it a higher penalty by one degree under Section 6 of the Cybercrime Prevention Act. In prosecuting the crime of libel or cyber libel, venue is jurisdictional. Nos. 217943, June 06, 2016 - J. MELLIZA ESTATE DEVELOPMENT COMPANY, INC., REPRESENTED BY ITS DIRECTOR, ATTY. Numerous legislators are already expressing interest as well in amending the Cybercrime Law and Revised Penal Code. G.R. G.R. 194314-15 - DANTE D. NACALABAN, HELEN N. MAANDIG, AND SUSAN N. SIAO, AS HEIRS OF BALDOMERA D. VDA. MARISSA E. TIMONES, ERLINDA O. MARTEJA, ELIMAR N. JOSE, AND ATTY. 190644, June 13, 2016 - NDC TAGUM FOUNDATION, INC., ANITA B. SOMOSO, AND LIDA U. NATAVIO, Petitioners, v. EVELYN B. SUMAKOTE, Respondent. 210936, June 28, 2016 - TEODORO B. CRUZ, JR., MELCHOR M. ALONZO, AND WILFREDO P. ALDAY, Petitioners, v. COMMISSION ON AUDIT, Respondents. Please bring with you screenshots of abusive … 9108 and 9109.7 The Information in Criminal Case No. 213582, June 28, 2016 - NYMPHA S. ODIAMAR,1 Petitioner, v. LINDA ODIAMAR VALENCIA, Respondent. No. ; G.R. G.R. SR. SUPT. No. A.C. No. No. P-16-3459 [Formerly OCA IPI No. JESUS VERZOSA, BRIG. 209038, June 08, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RONALD BACALAN GABUYA AND RYANNEAL MENESES GIRON, Accused-Appellants. © Copyright 2016 DivinaLaw Dynamic Lawyering. The common law traditionally presumed that a statement was false once a plaintiff proved that the statement was defamatory. The cyber defamation law that the South Korean government pursues allows police to crack down on hateful comments without any reports from victims. G.R. The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. G.R. 212186, June 29, 2016 - ARIEL LOPEZ, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent. 187696, June 15, 2016 - FILOMENA CABLING, Petitioner, v. RODRIGO DANGCALAN, Respondent. 208586, June 22, 2016 - HEIRS OF DATU MAMALINDING MAGAYOONG, REPRESENTED BY DR. MAIMONA MAGAYOONG-PANGARUNGAN WITH HER SPOUSE DATU SA MARAWI RASID PANGARUNGAN, AND DR. ANISHA* MAGAYOONG-MACABATO WITH HER SPOUSE DATU KHALIQUZZAMAN MACABATO, Petitioners, v. HEIRS OF CATAMANAN MAMA, REPRESENTED BY HASAN MAMA, Respondents. 181369, June 22, 2016 - TALA REALTY SERVICES CORP., INC., PEDRO B. AGUIRRE, REMEDIOS A. DUPASQUIER, DOLLY LIM, RUBENCITO M. DEL MUNDO AND ELIZABETH H. PALMA, Petitioners, v. BANCO FILIPINO SAVINGS & MORTGAGE BANK, Respondent. Cyberlibel is any inaccurately or injuriously written defamation triggered via electronic means, including the Internet, social media, email and websites. A.M. No. That the facts charged do not constitute an offense; That the court trying the case has no jurisdiction over the offense charged or the person of the accused; That the officer who filed the information had no authority to do so; That it does not conform substantially to the prescribed form; That more than one offense is charged except in those cases in which existing laws prescribe a single punishment for various offenses; That the criminal action or liability has been extinguished; That it contains averments which, if true, would constitute a legal excuse or justification; and. G.R. (Cybercrime Prevention Act) Jurisprudence simplified the elements of libel: 197161 - KATHRYN GO-PEREZ, Petitioner, v. THOMAS CLEARY, Respondent. ARTHEL B. CAROÑONGAN, HON. No. Harry Roque, professor of constitutional law at the University of the Philippines. TEODORO B. DELARMENTE, HON. 190876, June 15, 2016 - YELLOW BUS LINE EMPLOYEES UNION (YBLEU), Petitioner, v. YELLOW BUS LINE, INC. (YBLI), Respondent. Under Section 4(c)(4) of R.A. No. G.R. No. No. The history of the criminalization of libel in the Philippines shows that libel started as a legal tool of the Spaniards and the Americans to protect government and the status quo. No. No. Harry Roque, professor of constitutional law at the University of the Philippines. 211526, June 29, 2016 - PMI-FACULTY AND EMPLOYEES UNION, Petitioner, v. PMI COLLEGES BOHOL, Respondent. G.R. Libel committed on Twitter, Facebook, blogs, and other online content was made a more serious crime compared to printed libel because of to the newly approved anti-cybercrimes law or Republic Act 10175, according to Atty. G.R. 206419, June 01, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUBEN DELA ROSA, Accused-Appellant. Nos. This new law defined and punished offenses, which may be grouped as follows: offenses against the confidentiality, integrity and availability of computer data systems; computer-related offenses, such as computer forgery, fraud and identity theft, and content-related offenses, such as cybersex, child pornography and, most significantly, cyber libel. G.R. No. 217732, June 15, 2016 - EMILIO S. AGCOLICOL, JR., Petitioner, v. JERWIN CASIÑO, Respondent. G.R. No. No. NAVAL, AND AMALIA B. yr=d.getFullYear(); G.R. No. 200180, June 06, 2016 - BENJAMIN H. CABAÑEZ, Petitioner, v. MARIE JOSEPHINE CORDERO SOLANO A.K.A. G.R. G.R. No. 154069, June 06, 2016 - INTERPORT RESOURCES CORPORATION, Petitioner, v. SECURITIES SPECIALIST, INC., AND R.C. 204264, June 29, 2016 - JENNEFER FIGUERA, AS SUBSTITUTED BY ENHANCE VISA SERVICES, INC., REPRESENTED BY MA. No. The execution of the law was suspended in October 2012 by a temporary restraining order issued by the Supreme Court, following criticisms and protests among the… Principles: A. 199422, June 21, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. KEPCO ILIJAN CORPORATION, Respondent. As Uncle Ben in Spider-Man said, “With great power comes great responsibility.” The Internet has given us great power. However, for cyber libel, the place where the defamatory article was printed and first published is impossible to ascertain. BENIGNO SIMEON C. AQUINO III, AND PHILIPPINE HEALTH INSURANCE CORPORATION (PHIC), Respondents; MIGRANTE INTERNATIONAL, REPRESENTED BY ITS CHAIRPERSON GARRY MARTINEZ, CONNIE BRAGAS-REGALADO, PARALUMAN CATUIRA, UNITED FILIPINOS IN HONGKONG (UNIFIL-HK), AND SOLEDAD PILLAS, Petitioners-in-Intervention. 184666, June 27, 2016 - REPUBLIC OF THE PHILIPPINES, Petitioner, v. MEGA PACIFIC ESOLUTIONS, INC., WILLY U. YU, BONNIE S. YU, ENRIQUE T. TANSIPEK, ROSITA Y. TANSIPEK, PEDRO O. TAN, JOHNSON W. FONG, BERNARD I. FONG, AND *LAURIANO A. BARRIOS, Respondents. When a potentially defamatory statement is made online or through social media -- such as via Facebook or Linkedin -- that involves the written (or "posted") word, and so it is considered libel. 204769, June 06, 2016 - MAGSAYSAY MARITIME CORP., CSCS BMTERNATIONAL NV AND/OR MARLON* RONO, Petitioners, v. RODEL A. CRUZ, Respondent. Judge Rainelda Estacio-Montesa found Ressa and Santos guilty beyond reasonable doubt of violating the cyber libel law and sentenced them to a minimum or six months to six years in jail. Finally, malice exists when the offender makes the defamatory statement with the knowledge that it is false or with reckless disregard of whether it was false or not. Published 25 February 2019, The Daily Tribune. AND/OR REYNALDO PAZCOGUIN III, Petitioners, v. NATIONAL LABOR RELATIONS COMMISSION (2ND DIVISION), SAMAHANG MANGGAGAWA SA REN TRANSPORT-ASSOCIATION OF DEMOCRATIC LABOR ASSOCIATIONS (SMART-ADLO) REPRESENTED BY ITS PRESIDENT NESTOR FULMINAR, Respondents. Under Aquino's Republic Act 10175 or the Cybercrime Law, libel is the same offense as in the libel under Article 355 of the Revised Penal Code, but one committed through a … G.R. G.R. G.R. Though the film focuses on the Philippines, the issues it touches on aren't unique to that country. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel. 190506, June 13, 2016 - CORAL BAY NICKEL CORPORATION, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. http://scjudiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2015/september2015/160619.pdf, http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/november2014/187000.pdf. In the United States, there are NO criminal defamation, libel or insult laws on the federal level. 211672, June 14, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOHN HAPPY DOMINGO Y CARAG, Accused-Appellant. G.R. 36-2004 DATED MARCH 3, 2004], PROSECUTOR MARY ANN T. CASTRO-ROA, Respondent. While the Internet has revolutionized every sphere of human activity, it also facilitated the criminal activities of nefarious individuals. 11246, June 14, 2016 - ARNOLD PACAO, Complainant, v. ATTY. For general information concerning defamation, see the Defamation Law section of this guide.. 200072, June 20, 2016 - PHILIP YU, Petitioner, v. VIVECA LIM YU, Respondent. G.R. 207811, June 01, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. DELIA MOLINA Y CABRAL, Accused-Appellants. FRANKLIN JESUS BUCAYU, DIRECTOR OF THE BUREAU OF CORRECTIONS, HON. G.R. CLODUALDO C. DE JESUS, SR., ATTY. While hailed for penalizing illegal acts done via the Internet that were not covered by old law 9226 (Formerly CBD 06-1749), June 14, 2016 - MA. If the totality of the publication makes it possible to determine who the defamed person is, then this element is also satisfied. Defamation may also be referred to as libel, slander, disparagement, defamation of character, etc.. The event was sponsored by the Consumer Protection Section, Elder Law Section, Probate and Estate Planning Section and Consumer Law Sections of the State Bar of Michigan. G.R. RIA NINA L. SUSUSCO AND CHIEF CITY PROSECUTOR EMELIE FE DELOS SANTOS, Respondents. ALEXANDER M. DEL PRADO, Respondent. No. 'Ludicrous': Prominent Duterte Critic Maria Ressa Slapped With New Cyber Libel Case. G.R. 205097, June 08, 2016 - CORAZON D. ISON, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent. No. G.R. Cyberbullying Laws in Pennsylvania. 204056, June 01, 2016 - GIL MACALINO, JR., TERESITA MACALINO, ELPIDIO MACALINO, PILAR MACALINO, GILBERTO MACALINO, HERMILINA MACALINO, EMMANUEL MACALINO, EDELINA MACALINO, EDUARDO MACALINO, LEONARDO MACALINO, EDLLANE** MACALINO, APOLLO MACALINO, MA. No. 205061, June 08, 2016 - EMERTIA G. MALIXI, Petitioner, v. MEXICALI PHILIPPINES AND/OR FRANCESCA MABANTA, Respondents. No. G.R. Libel is one of the cybercrime offenses punishable under … Online libel, introduced by the Cybercrime Prevention Act of 2012, is an expansion of the same crime for publications on the internet. No. EDGARDO T. LLOREN (ASSOCIATE JUSTICE), HON. G.R. 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.” 9871, June 29, 2016 - IN RE: A.M. NO. No. 203335, February 11, 2014), saying that Section 6 (of the Cybercrime Prevention Act of 2012) increases the prescription periods for the crime of cyber-libel and its penalty to 15 years.