Law Defining Libel and Obscene Publications

Act No. 277 is enacted by the United States Philippine Commission by authority of the President of the United States.
Section 13 repeals all laws and parts of laws now in force only so far as they may be in conflict with Act No. 277.
Section 13 preserves existing laws for pending actions or existing causes of action, which remain in full force and effect for those matters.

Section 1 defines libel as a malicious defamation expressed in writing, printing, signs or pictures (or the like), or public theatrical exhibitions.
Section 1 provides that libel tends to blacken the memory of one who is dead or to impeach the honesty, virtue, or reputation of one who is alive.
Section 1 further covers publications that publish alleged or natural defects of a living person.
Section 1 requires that such publication expose the person to public hatred, contempt, or ridicule.

Section 2 punishes every person who wilfully and with a malicious intent to injure another publishes or procures the publication of any libel.
Section 2 sets the penalty for libel at a fine of not exceeding two thousand dollars or imprisonment of not exceeding one year, or both.
Section 3 establishes that injurious publication is presumed malicious if no justifiable motive for making it is shown.

Section 4 allows the truth of the matter charged as libelous to be given in evidence in all criminal prosecutions for libel.
Section 4 commands acquittal when the court finds the libelous matter is true and was published with good motives and for justifiable ends.
Section 4 provides conviction if those conditions are not met.
Section 4 requires proof of both: (1) the truth of the matter charged as libelous, and (2) that it was published with good motives and for justifiable ends.

Section 5 states that to sustain a charge of publishing a libel, it is not required that the words or things complained of be read or seen by another.
Section 5 provides that it is enough that the accused knowingly parted with the immediate custody of the libel under circumstances that exposed it to be read or seen by any other person.

Section 6 makes every author, editor, or proprietor of any book, newspaper, or serial publication chargeable with the publication of words contained in any part of such book or number of the newspaper or serial.
Section 6 provides that such persons are chargeable as fully as if he were the author of the same.

Section 7 provides that no reporter, editor, or proprietor of any newspaper is liable for prosecution for a fair and true report of:
- judicial proceedings,
- legislative proceedings, or
- other public official proceedings;
- and for any statement, speech, argument, or debate in the course of such proceedings.
Section 7 allows liability only upon proof of malice in making the report.
Section 7 forbids implying malice from the mere fact of publication.

Section 8 provides that libelous remarks or comments connected with matter privileged under Section 7 receive no privilege merely because they are connected to privileged matter.

Section 9 creates a privilege for private communications made by any person to another in good faith.
Section 9 requires the communication be made in the performance of any duty, whether legal, moral, or social.
Section 9 requires that the sole purpose be the fair and reasonable purpose of protecting:
- the interests of the person making the communication, or
- the interests of the person to whom it is made.
Section 9 provides that the person making the communication is not guilty of libel and is not within the provisions of the Act.

Section 10 punishes anyone who threatens another to publish a libel concerning the threatened person or the threatened person’s parent, husband, wife, or child, or any member of the person’s family.
Section 10 punishes anyone who offers to prevent publication of any libel on another person with intent to extort any money or other valuable consideration.
Section 10 sets the penalty for such threats/extortion at:
- a fine of not exceeding one thousand dollars, or
- imprisonment not exceeding six months, or both.

Section 11 creates a right of civil action in addition to the criminal action.
Section 11 allows a person libeled to sue the person libeling for damages sustained by such libel.
Section 11 entitles the libeled person to recover:
- actual pecuniary damages, and
- damages for injury to feelings and reputation, and
- punitive damages as the court finds a just punishment and an example to others.
Section 11 provides that the suit may be brought in any Court of First Instance having jurisdiction of the parties.
Section 11 makes the presumptions, rules of evidence, and special defenses applicable in criminal prosecutions equally applicable in civil actions under Section 11.

Section 12 makes it a misdemeanor for a person to write, compose, stereotype, print, publish, sell, keep for sale, distribute, or exhibit any obscene or indecent:
- writing,
- paper,
- book,
- print,
- or other matter.
Section 12 also covers those who design, copy, draw, engrave, paint, or otherwise prepare any obscene picture or print.
Section 12 further includes those who mould, cut, cast, or otherwise make any obscene or indecent figure.
Section 12 covers those who write, compose, or print any notice or advertisement of any such writing, paper, book, print, or figure.
Section 12 sets the penalty at a fine of not exceeding one thousand dollars or imprisonment not exceeding one year, or both.

Section 14 directs that all criminal actions under Act No. 277 shall be begun and prosecuted under the sole direction and control of the ordinary prosecuting officers.
Section 14 states that this control applies notwithstanding anything in existing laws to the contrary.

Section 13 repeals conflicting provisions of existing laws, but preserves existing laws where applicable to pending actions or existing causes of action.
Section 13 provides that for such pending actions or causes of action, existing laws remain in full force and effect.