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Persons Responsible Libel


ART.360

PERSONS LIABLE:
1. The person who publishes, exhibits or causes the publication
   or exhibition of any defamation in writing or similar means;
2. The author or editor of a book or pamphlet;
3. The editor or business manager of a daily newspaper magazine
   or serial publication; and
4. The owner of the printing plant which publishes a libelous
   article with his consent and all other persons, who in any
   way participate in or have connection with its publication.

VENUE OF CRIMINAL AND CIVIL ACTION FOR DAMAGES 
IN CASES OF  WRITTEN DEFAMATION:
1. where the libelous article is printed and 1st published, or
2. where any of the offended parties actually resides at the
    time of the commission of the offense, or
3. where one of the offended parties is a public officer:
   a. if his office is in the City of Manila, with the RTC of
      Manila, or the city/province where the article is printed
      and 1st published
   b. otherwise, with the RTC of the city/province where he
      held office at the time of offense; or where the article
      is 1st published, or
4. where one of the offended parties is a private individual,
   with the RTC of province/city where he actually resides at
   the time of the crime or where the article was printed or
   1st published.

Complaint for defamation imputing a private crime (i.e.
adultery, concubinage, seduction, abduction, and acts of
lasciviousness) must be filed by the offended party.

Person who publishes libelous letter written by offended party
is liable (publishing and not composing is the prime requisite
of crime)

Liability of editor is same as author

Limitations of venue: in order to minimize interference with
public function if a public officer, and also to avoid
unnecessary harassment of accused(to limit out-of-town
libel suits)

Actual damages need not be proved where publication is libelous
per se

Action for exemplary damages may be awarded if action is based
on quasi-delict

No remedy for damages for slander or libel in case of absolutely
privileged communication

Under Republic Act no. 8792, otherwise known as the Electronic
Commerce Act, a party or person acting as a service provider
incurs NO civil or criminal liability in the making, publication,
dissemination or distribution of libelous material if:
a) the service provider does not have actual knowledge, or is not
   aware of the facts or circumstances from which it is apparent
   that making, publication, dissemination or distribution of
   such material is unlawful or infringes any rights;

b) the service provider does not knowingly receive a financial
   benefit directly attributable to the infringing activity;

c) the service provider does not directly commit any
   infringement or other unlawful act and does not
   induce or cause another person or party to commit any
   infringement or other unlawful act and/or does not benefit
   financially from the infringing activity or unlawful act of
   another person or party (Section 30, in relation to Section
   5, E- Commerce Law


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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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