Title
Law Defining Libel and Obscene Publications
Law
Act No. 277
Decision Date
Oct 24, 1901
A comprehensive Philippine law passed in 1901 defines libel, establishes punishments for publishing libelous statements, and outlines defenses and privileges available to individuals accused of libel.

Punishment for Publishing Libel

  • Persons who willfully and maliciously publish or cause to be published a libel may be punished.
  • Penalties include a fine up to two thousand dollars, imprisonment for up to one year, or both.

Presumption of Malice

  • Injurious publications are presumed malicious unless a justifiable motive for publication is shown.

Defense of Truth and Good Motives

  • Truth can be used as evidence in libel cases.
  • Acquittal occurs if the libelous matter is true and published with good motives and for justifiable ends.
  • The burden to prove truth and good motives lies on the defendant.

Publication Without Direct Observation

  • It is not necessary for the libelous words or matter to be directly read or seen by others.
  • The accused committing publication is liable if he knowingly relinquished custody exposing it to being read or seen by others.

Responsibility of Authors, Editors, and Proprietors

  • Authors, editors, and proprietors of publications are equally liable as if they authored the libelous content.

Privilege for Fair and True Reports

  • Reporters, editors, and proprietors are shielded from liability for fair and true reports of judicial, legislative, or official proceedings.
  • Liability arises only if malice is proven, which is not presumed by mere publication.

No Privilege for Libelous Comments on Privileged Matter

  • Libelous remarks or comments connected with privileged official matters do not gain privilege by association.

Privileged Private Communications

  • Private communications made in good faith and for protecting interests legally, morally, or socially are privileged and exempt from libel liability.

Liability for Threats to Publish Libel

  • Threatening to publish a libel with the intent to extort from the person concerned or their close family members is punishable.
  • Penalties include a fine up to one thousand dollars, imprisonment up to six months, or both.

Civil Right of Action for Libel

  • Victims of libel have the right to sue for damages in addition to criminal prosecution.
  • Damages include actual pecuniary loss, injury to feelings and reputation, and punitive damages.
  • Suits may be filed in Courts of First Instance.
  • Rules and defenses applicable in criminal libel cases apply equally in civil cases.

Misdemeanor for Obscene or Indecent Publications

  • Creation, publication, sale, or exhibition of obscene or indecent writings, pictures, or figures is a misdemeanor.
  • Punishable by a fine up to one thousand dollars, imprisonment up to one year, or both.

Repeal of Conflicting Laws

  • Existing laws conflicting with this Act are repealed.
  • However, existing laws remain applicable where actions are pending or causes of action have arisen prior.

Control of Criminal Actions

  • Criminal libel cases are to be prosecuted only under the direction and control of regular prosecuting officers.

Effectivity

  • The Act takes effect immediately upon passage.

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