Category Archives: Libel

Statements made against the public figure are essentially true, then no conviction for libel can be had. Any statement that does not contain a provably false factual connotation will receive full constitutional protection

Posted on July 26, 2014 by Erineus

Actual Malice Not Proven         As it has been established that complainant was a public figure, it was incumbent upon the prosecution to prove actual malice on the part of Lim and petitioner when the latter published the article subject … Continue reading →

Posted in Constitutional Law, Constitutional Rights, Criminal Law, Freedom of Expression, Freedom of Speech, Freedom of the Press, Libel, Penal Code | Leave a comment

Development and Present Status of Criminal Libel

Posted on July 26, 2014 by Erineus

           Under our law, criminal 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, … Continue reading →

Posted in Criminal Law, History, Libel, Penal Code | Tagged , | Leave a comment

The glaring absence of maliciousness in the assailed portion of the news article subject of this case negates the existence of probable cause that libel has been committed by the accused

Posted on March 2, 2012 by Erineus

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 discredit or cause the dishonor or contempt of a … Continue reading →

Posted in Definitions, Freedom of the Press, Libel, Privileged Communications, Probable Cause, Quotations | Leave a comment

Definition and elements of libel

Posted on March 2, 2012 by Erineus

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 discredit or cause the dishonor or contempt of a … Continue reading →

Posted in Definitions, Libel | Tagged | Leave a comment

The acts of a quasi-judicial officer like DOJ Secretary may be assailed by the aggrieved party via a petition for certiorari and enjoined

Posted on March 2, 2012 by Erineus

On March 3, 2000, then Secretary of Justice Artemio Tuquero (Secretary Tuquero) dismissed the PDI Staff’s Petition for Review of the Resolution of the City Prosecutor.[11]  Secretary Tuquero rejected the argument of therein petitioners that the complaint should be dismissed … Continue reading →

Posted in Certiorari, Certiorari Under Rule 65, DOJ, Libel, Probable Cause, Remedial Law | Tagged | Leave a comment