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Proof Of The Truth


ART.361

PROOF OF TRUTH IS ADMISSIBLE WHEN:
1. the act or omission imputed constitutes a crime regardless
   of whether the offended party is a private individual or a
   public officer, or
2. the offended party is a government employee, even if the
   act or omission imputed does not constitute a crime,
   provided, it is related to the discharge of his official
   duties.


REQUISITES FOR ACQUITTAL FROM A LIBEL CHARGE :
1. it appears that the matter charged as libelous is TRUE
   (for situations (a) and (b) above); and
2. it was published with good motives and for a justifiable end
   (for situation (a) only).

The proof of the truth of the accusation cannot be made to rest
upon mere hearsay, rumors, or suspicion but upon positive,
direct evidence upon which a definite finding may be made by
the court.

An imputation that a person has contagious disease might under
ordinary circumstances be defamatory but loses such character
when made with good intention and justifiable motive

There is no libel when there is no malice

Retraction may mitigate the damages; if article is libelous
per se, publication due to honest mistake is only mitigating

RULE OF ACTUAL MALICE: Even if the defamatory statement is
false, NO liability can attach IF it relates to official
conduct, UNLESS ---
   - The public official concerned proves that the statement
     was made with actual malice, i.e., with knowledge that
     it was false or with reckless disregard of whether it
     was false or not




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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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