Defenses - Libel

Defenses Allowed in
Libel
1. Concept:
A. In general: if the accused proves the absence of any of the elements, then
he is not liable. Thus he may show: the material is not defamatory; there is
no publicity; it is impersonal and does not refer to the plaintiff; or that
there is no malice.
B. There are however specific defenses which may refer to any of the
elements of libel or are independent defenses in themselves. These defenses
were established by jurisprudence, particularly by United States Decisions,
as our Libel law is based primarily on American concepts.
II. The Doctrine of Privilege Communication
A. This is a defense against the element of malice and it applies to

both libel and oral defamation. This means that even if the material is
considered libelous still there is no malice in the eyes of the law. These
consist of two kinds: (a) Absolutely Privilege Communication and the (b)
Qualifiedly Privileged Communication.
B. Absolutely Privileged Communication: this refers to a communication,

whether oral or written which is defamatory and may even be made in bad
faith but which cannot give rise to either criminal or civil liability. This is
because there are higher considerations involved which are considered
more paramount than the damage to the reputation of a person.
1. Privilege Speeches in the halls of Congress

2. Communications made by public officers in the performance of their
duties, such as the explanations on a matter made by a public officer to his
superior though it contains harsh language
3. Statements made in judicial proceedings if pertinent and relevant to the
case involved, such as the allegations in the pleadings
4. Statements and evidence submitted in a Preliminary Investigation.
C. Qualifiedly/Conditionally Privileged Communication: this refers to

communications in which the law presumes the absence of malice, thus
they are initially not actionable. The burden therefore is on the plaintiff to
prove the existence of actual malice.
D. Two Kinds of Qualifiedly Privileged Communications Under Article
354.
1. Private Communications, made by one to another in the performance of
a legal, moral or social duty provided that: (i). The one making the
communication must have an interest in the subject and (ii) the person to
whom the communication was made is one who can act on the matter
(a). This communication maybe oral or written, private, public or official

document which are sent for redress of grievances or to request for
appropriate action. But it must be private in that it is intended to be only
between the sender and the recipient. Undue publicity removes the
privilege.
Hence a so called “Open Letter” is not privileged. Also, accusations made

in a public gathering are not privileged.
(b). The communication must meet these elements:
(i). The person who made the communication had a legal, moral or social
duty to make the communication, or at least, had an interest to protect,
which interest may either be his own or of the one to whom it is made
(ii). The communication is addressed to an officer or a board, or superior,

having some interest or duty in the matter, and who has the power to
furnish the protection sought ( or that the recipient is a proper person who
can act on the communication) and
(iii). The statements in the communication are made in good faith and
without malice ( Binay vs. Sec. of Justice, Sept. 08, 2006)
Legal duty: presupposes a provision of law imposing upon the accused the
duty to communicate. Such as the complaint by a citizen concerning the
misconduct of a public official to the latter‘s superior even if, upon
investigation, the matters are not substantiated. But it may be shown that
the charges were maliciously made without reasonable ground for
believing them to be true.
Also, a report to the police by a citizen about the suspected criminal
activities of another person, even if latter it is proved the suspicions were
groundless, is privileged.
(d). Moral or social duty presupposes the existence of a relationship

between the sender and the recipient of the communication, or the
confidential and pressing urgency of the communication.
(e). The sender must have an interest in the subject of the communication
and the recipient must be a proper person who can act on the subject to the
communication.
Thus a letter-complaint describing an SLU law professor as lazy

incompetent, and an absentee, is privileged if sent to the SLU President. It
is not privileged if sent to the President of U.B.
If a teacher writes to his fellow teacher that a student of his is becoming

irresponsible and possibly a drug user, the same letter is not privileged.
But if sent to the parents of the student for their information and action, it
is conditionally privileged.
(f). In Alcantara vs. Ponce (Feb. 28, 2007) the court adopted the ruling in the
U.S case of Borg vs. Borg in that a “written charge or information filed with
the prosecutor or the court is not libelous although proved or be false and
unfounded. Furthermore, the information given to a prosecutor by a
private person for the purpose of initiating a prosecution is protected by
the same cloak of immunity and cannot be used as a basis for an action for
defamation.“
In this Alcantara case, a newsletter submitted by party in a preliminary

investigation, which was defamatory, was considered as a privilege
communication. It was also ruled that under the Test of Relevancy, a
matter alleged in the course of the proceedings need not be in every case
material to the issues or be so pertinent to the controversy that it may
become the subject of inquiry in the course of trial, so long as they are
relevant.
2.-A: A fair and true report of any official proceeding, or of any statement,
report, or speech, made thereat
(a). The proceeding must not be confidential, such as the hearings before
the Senate, as opposed to the close door executive sessions of the senate.
Thus if the report is with respect to a public record, it refers only to those
made accessible to the public which may be revealed for public interest or
protection of the public.

(b) The report must be without any unnecessary comment or libelous
remarks ( i.e. no editorializing)
(c).The report must be accurate and should not intentionally distort the
facts. If there is error in the facts reported, the report is still privilege if
made in good faith
(d) Examples: News report of a judicial proceeding, including the filing of a

complaint in court; or what a witness testified; or of a verbal and heated
argument between two councilors during the session of the city council.
(e). This defense apply most often to members of the media who write on
said matters or report them as news
2-B. Fair and True Report of the Official Acts of a Public Official
(a). The public and official acts of a public official, including his policies,
are legitimate subjects of comments and criticisms, though they may be
unfair. Public officials are not supposed to be onion-skinned. “Public
officials, like Ceasar’s wife, must be beyond reproach and above
suspicion”.
(b). But the communication may be actionable:
(i) If it contains an imputation which is a false allegation of a fact or a

comment based on a false supposition
(ii). If the attack, criticism or imputation pertains to his private acts or

private life, unless these reflect on his public character and image as a
public official.
(iii) As stated in the U.S. case of New York Times vs. Sullivan, a public
official may recover damages if he proves that : “the statement was made
with actual damage, that is, with knowledge that it was false or with
reckless disregard of whether it was false or not”
B. Matters Considered Privileged By Jurisprudence
1. Fair Comments on Matters of Public Interest
(a) In Borjal vs. Ct. of Appeals, (301 SCRA 1, Jan. 14, 1999) it was held that
the enumeration in Article 354 is not an exclusive list of qualifiedly
privileged communications because “fair comments on matters of public
interest are privileged and constitute a valid defense in an action
for libel or slander”
(b). They refer to events, developments, or matters in which the public as a

whole has a legitimate interest.
Examples
(i). A news report on the welfare of youth and students in a school

allegedly staffed by incompetents, or a dumping ground of misfit teachers,
concerns a matter of public interest.
(ii). An editorial criticizing the owner of a ship which sunk, for his delay in
extending financial help to the family of the victims, is not libelous as the in
action is a matter of public interest.
(iii). The arrest and prosecution of law violator is a matter in which the
public has a right to know. Thus there is no liability for reporting that a
lady was arrested for selling shabu or that a person was charged in court or
convicted by a court for Estafa. The persons in question cannot file a case
for libel.
(iv). A radio announcer lambasts a family for their adamant refusal to
vacate and remove their structure inside a park.
2. Comments and Criticisms on the Actuations of Public Figures
(a) Public figures refer to people who place themselves in the public
limelight or attention either: by nature of their business or activity, or
mode of living, or by adopting a mode of profession or calling which gives
the public a legitimate interest in his doings, his affairs and in his character
or which affect public interest (these are the celebrities), or because they
participate in public affairs or regularly and publicly expound their views
on public affairs.
Examples of the first: movie stars; national athletes; those representing the
Philippines in world beauty pageants, Manny Pacquiao; hosts of TV
shows/programs such as the Tulfo brothers, musicians, novelists. The
spouse of the President is a public figure.
Examples of the second: candidates for an elective position; columnists of

national newspapers, TV/radio commentators, Cardinal Sin during his
time, Jose Maria Sison
( b) As with public officials, the imputation maybe actionable if it is (i) a

false allegation of fact or (ii) it is based on a false supposition.
3. Justified Libel or the Privilege of a Reply.

This is fighting libel with libel. This refer to communications made in
response to a libel in order to counter and/or remove the libel, provided it
is limited to and related to the defamatory imputation and not
unnecessarily libelous.
4. Truth And Good Motives or Justifiable Ends.
A. It is not enough that what was publicized about another is true. The
accused must also prove good motives or intentions and justifiable ends, in
order to disprove malice.
B. This defense is available only if: (a) What is imputed to another is a

crime regardless if the victim is a private or public person or (ii) if the
victim is a public officer regardless of whether a crime is imputed, so long
as it relates to the discharge of their official duties
C. Illustrations: one writes about the criminal activities of another in order

to show that crime does not pay, or to set an example of what conduct to
avoid.
5. The Principle of Neutral Reportage.
A. This is a defense available to one charged not as the author but as a
republisher of a libelous material
B. The republisher who accurately and disinterestedly reports certain

defamatory statements made against public figures, is shielded from
liability, regardless of his subjective awareness of the truth or falsity of the
accusation. ( See Fil Broadcasting Net Work vs. AGO Medical and
Educational Center, 448 SCRA 413)
Example: A parent of a student goes on radio to denounce a school teacher

as being incompetent, absentee, bias and prejudiced. A news reporter
quoted the accusations in his news article. He is not liable even if he
personally knows the accusations are untrue.

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What are the different types of defenses allowed in a libel case?

What are the different types of defenses allowed in a libel case?

What are the different types of privileged communications?

What are the different types of privileged communications?

Defenses Allowed in

II. The Doctrine of Privilege Communication

A. This is a defense against the element of malice and it applies to

B. Absolutely Privileged Communication: this refers to a communication,

1. Privilege Speeches in the halls of Congress

C. Qualifiedly/Conditionally Privileged Communication: this refers to

(a). This communication maybe oral or written, private, public or official

Hence a so called “Open Letter” is not privileged. Also, accusations made

(b). The communication must meet these elements:

(ii). The communication is addressed to an officer or a board, or superior,

(d). Moral or social duty presupposes the existence of a relationship

Thus a letter-complaint describing an SLU law professor as lazy

If a teacher writes to his fellow teacher that a student of his is becoming

In this Alcantara case, a newsletter submitted by party in a preliminary

(d) Examples: News report of a judicial proceeding, including the filing of a

(b). But the communication may be actionable:

(i) If it contains an imputation which is a false allegation of a fact or a

(ii). If the attack, criticism or imputation pertains to his private acts or

B. Matters Considered Privileged By Jurisprudence

1. Fair Comments on Matters of Public Interest

(b). They refer to events, developments, or matters in which the public as a

(i). A news report on the welfare of youth and students in a school

2. Comments and Criticisms on the Actuations of Public Figures

Examples of the second: candidates for an elective position; columnists of

( b) As with public officials, the imputation maybe actionable if it is (i) a

3. Justified Libel or the Privilege of a Reply.

4. Truth And Good Motives or Justifiable Ends.

B. This defense is available only if: (a) What is imputed to another is a

C. Illustrations: one writes about the criminal activities of another in order

5. The Principle of Neutral Reportage.

B. The republisher who accurately and disinterestedly reports certain

Example: A parent of a student goes on radio to denounce a school teacher

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