title xiii - tarca

8/19/2019 Title Xiii - Tarca

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Art. 360. Persons responsible

The persons responsible or libel !re"

a) The person who p!lishes" e#hi!its" or cases the p!lication or e#hi!itiondefamation in writing or similar means

!) The athor or editor of a !oo$ or pamphlet

c) The editor or !siness manager of a daily newspaper magazine or serial p

d) The owner of the printing plant which p!lishes a li!elos article with his all other persons who in any way participate in or have connection with its




Li!bilit% o the e'itor is the s!(

The editor of a daily newspaper" magazine or serial p!lication is lia!le for the detherein to the same e#tent as if he were the athor thereof.




L!)* o p!rti)ip!tion in the prep!r!tion olibelo$s !rti)les 'oes not shiel' the personsresponsible or libel ro( li!bilit%

The provision in the R(C does not provide

a!sence of participation as a defense" !t ratherplainly and specically states the responsi!ility ofthose involved in p!lishing newspapers andperiodicals.




M$ni)ip!l )o$rt o ! ($ni)ip!lit% )!nnot )on'$)t preli(in!r% in+esti,!ti

(reliminary investigation of criminal actions for written defamations shall !e condcity scal of the province or city or !y the mnicipal cort of the city or capital of tactions may !e institted.




-en$e o )ri(in!l !n' )i+il !)tions or'!(!,es in )!ses o #ritten 'e!(!tions

The criminal and civil actions for damages in case of

written defamations shall !e led simltaneosly orseparately with the cort of rst instance of theprovince or city –

*) +here the li!elos article is printed and rstp!lished, or

-) +here any of the oended parties actally residesat the time of the commission of the oense




here one o the o&en'e' p

&f the o/ce of the p!lic o/cer is in 0anila at the time of the commission of the o!e led in the C1& of 0anila or the place where the li!elos article is printed and r

&f the p!lic o/cer does not hold o/ce in 0anila" it shold !e led in the C1& wherof the commission of the oense or the place where the li!elos article is printed a




Ci+il !n' )ri(in!l !)tions ($st be

The civil action shall !e led in the same cort where and vice versa.




E1)l$si+e 2$ris'i)tion o the )o$rt

The cort where the criminal action orcivil action for damages is rst led

shall ac'ire 2risdiction to thee#clsion of other corts.




Libel i(p$tin, ! +i)e or 'ee)t not bein, !n i(p$t!tion o ! )ri(eprose)$te' $pon inor(!tion si,ne' !n' le' b% the s)!l

The imptation of a vice or defect" real or imaginary" or any act" omissionstats" or circmstance" tending to case the dishonor" discredit" or conteoended party" does not involve a crime in the imptation. &t may !e prosocio.

7ince only a crime may !e or may not !e prosected de ocio" the imptaor defect" any act" omission" condition" stats" or circmstance is not covelast paragraph of Art. 456.




No re(e'% or '!(!,es or sl!n'er or libel in )!se

% An a!soltely privileged commnication is one for which" !y reason of the occno remedy is provided for damages in a civil action for slander or li!el.



Art. 365 Proo o the tr$th

&n every criminal prosection for li!el" the trth may !e given in evidence and if it appears that the matter charged as li!elos is tre" and" moreovep!lished with good motives and for 2stia!le ends" the defendant shall !

(roof of the trth of an imptation of an act or omission not constitting anot !e admitted" nless the imptation shall have !een made against the employees with respect to facts related to the discharge of their dties.

&n sch cases if the defendant proves the trth of the imptation made !yshall !e ac'itted.




hen proo o tr$th is !'(issible

+hen the act or omission impted constittes acrime regardless of whether the oended party is

a private individal or a p!lic o/cer +hen the oended party is a 8overnment

employee" even if the act or omission impteddoes not constitte a crime" provided" it is relatedto the discharge of his o/cial dties.




The proof of the trth of the accsation cannot !e mahearsay" rmors or sspicion

&t mst rest pon positive" direct evidence pon whichmade !y the cort.

9t pro!a!le case for !elief in the trth of the statem




Three re$isites o 'eense in'e!(!tion"

&f it appears that the matter charged asli!elos is tre

&t was p!lished with good motives

And for 2stia!le ends




Retr!)tion (

&n order to have the desired eect" the retraction shold confalsity of the li!elos p!lication and evince a desire to repathere!y.

Th!t the p$bli)!tion o the !rti)le #!s !n honest 'eense b$t ser+es onl% to (iti,!te '!(!,es #here



Art. 367 Libelo$s re(!r*s

Libelo$s re(!r*s

% Li!elos remar$s or comments connectedwith the matter privileged nder theprovisions of Art. 4:3" if made with malice"

shall not e#empt the athor thereof nor theeditor or managing editor of a newspaperfrom criminal lia!ility.



INCRIMINATOR8 MACHINATIONS

h!t !re the elonies $n'er in)ri

&ncriminating innocent person ;Art. 454)

&ntriging against honor ;Art. 453)

A t 363 I i i ti i t



Art. 363 In)ri(in!tin, inno)entperson

In)ri(in!tin, inno)ent person

% Any person who" !y any act notconstitting per2ry" shall directlyincriminate or impte to an innocentperson the commission of a crime" shall !epnished !y arresto mayor.

Art 363 In)ri(in!tin, inno)ent




Ele(ents"

That the oender performs an act

That !y sch act he directly incriminates or imptes to an innocent personcommission of a crime

That sch act does not constitte per2ry

::This !rti)le is li(ite' to ;pl!ntin,< e+i'en)e !n' the li*e #hi)h teto )!$se !lse prose)$tion.





=!lse !))$s!tion is 'e!(!tion or per2$r% $n'er

% <ne who falsely accses another of a crime may !e held lia!le eitherdepending pon the manner or form in which the act is commited.





INCRIMINATOR8 MACHINATIONS

The oender does not avail himself of written or spo$en words in !esmirchingthe victim=s reptation" as wold !e in the case of defamation

4E=AMATION

The imptation moender mst !

malicios" and" !esidcalclated to case the

contempt of agg



Art. 36> Intri,$in, !,!inst hon

Ho# is intri,$in, !,!inst honor)o((itte'9

% &t is committed !y any person who shallma$e any intrige which has for itsprincipal prpose to !lemish the honor orreptation of another person.



? en'?

title xiii - tarca

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