Published 25 February 2019, The Daily Tribune. The private complainant can just allege that he accessed the defamatory online article in a far-flung place. G.R. (For in-depth information on defamation law, check out all of the articles in Nolo's Defamation, Libel & Slander section. Criminalizes online libel However, the court, through the majority opinion written by Justice Roberto Abad, upheld online libel as a crime, although only the “original author” is to be penalized. Learn about Personal Injury Mediation or find a Personal Injury Mediation attorney online at Mediation.com - a comprehensive directory about Mediation services. Under Section 21 of the Cybercrime Prevention Act of 2012 (Republic Act No. G.R. 160071, June 06, 2016 - ANDREW D. FYFE, RICHARD T. NUTTALL, AND RICHARD J. WALD, Petitioners, v. PHILIPPINE AIRLINES, INC., Respondent. No. G.R. G.R. No. 163157, June 27, 2016 - SPOUSES BERNABE MERCADER, JR. AND LORNA JURADO MERCADER, OLIVER MERCADER, GERALDINE MERCADER AND ESRAMAY MERCADER, Petitioners, v. SPOUSES JESUS BARDILAS AND LETECIA GABUYA BARDILAS, Respondents. 211212, June 08, 2016 - SUN LIFE OF CANADA (PHILIPPINES), INC., Petitioner, v. MA. JESUS VERZOSA, BRIG. The elements of libel are the allegation of a discreditable act or condition concerning another; publication of the charge; identity of the person defamed, and existence of malice. Then Justice Maria Lourdes Sereno wrote a concurring and dissenting opinion in the case of Disini v. Secretary of Justice (G.R. RAUL S. GONZALEZ, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF JUSTICE, HON. 213835 - CAGAYAN ELECTRIC POWER & LIGHT COMPANY, INC. (CEPALCO) AND CEPALCO ENERGY SERVICES CORPORATION (CESCO), FORMERLY CEPALCO ENERGY SERVICES & TRADING CORPORATION (CESTCO), Petitioners, v. CEPALCO EMPLOYEE'S LABOR UNION-ASSOCIATED LABOR UNIONS-TRADE UNION CONGRESS OF THE PHILIPPINES (TUCP), Respondent. 215994, June 06, 2016 - OFFICE OF THE OMBUDSMAN AND FIELD INVESTIGATION OFFICE, Petitioner, v. ROLANDO B. FALLER, Respondent. TERESA B. No. No. SINAMAR LIMOS, Respondent. No. No. DE PARASO; HEIRS OF SOLEDAD APOSTOL, NAMELY: HER HUSBAND LEONARDO CAGUIOA, THEIR CHILDREN AMALIA, DANILO, RONALD, MARLENE, ROBERT, ROLDAN, THELMA AND TERESA, ALL SURNAMED CAGUIOA, Petitioners, v. JUAN SIAPNO, JR., MARIO RILLON, SPOUSES JOSE TAN AND LETICIA DY TAN, Respondents. No. 205544, June 29, 2016 - MUNICIPALITY OF CORDOVA, PROVINCE OF CEBU; THE SANGGUNIANG BAYAN OF CORDOVA; AND THE MAYOR OF THE MUNICIPALITY OF CORDOVA, Petitioners, v. PATHFINDER DEVELOPMENT CORPORATION AND TOPANGA DEVELOPMENT CORPORATION, Respondents. 210565, June 28, 2016 - EMMANUEL D. QUINTANAR, BENJAMIN O. DURANO, CECILIO C. DELAVIN, RICARDO G GABORNI, ROMEL G GERARMAN, JOEL JOHN P. AGUILAR, RAMIRO T. GAVIOLA, RESTITUTO D. AGSALUD, MARTIN E. CELIS, PATRICIO L. ARIOS, MICHAEL S. BELLO, LORENZO C. QUINLOG, JUNNE G. BLAYA, SANTIAGO B. TOLENTINO, JR., NESTOR A. MAGNAYE, ARNOLD S. POLVORIDO, ALLAN A. AGAPITO, ARIEL E. BAUMBAD, JOSE T. LUTIVA, EDGARDO G. TAPALLA, ROLDAN C. CADAYONA, REYNALDO V. ALBURO, RUDY C. ULTRA, MARCELO R. CABILI, ARNOLD B. ASIATEN, REYMUNDO R. MACABALLUG, JOEL R. DELEÑA, DANILO T. OQUIÑO, GREG B. CAPARAS AND ROMEO T. ESCARTIN, Petitioners, v. COCA-COLA BOTTLERS, PHILIPPINES, INC., Respondent. 194065, June 20, 2016 - PHILIPPINE BANK OF COMMUNICATIONS, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent. The cyber defamation law that the South Korean government pursues allows police to crack down on hateful comments without any reports from victims. No. 214901, June 15, 2016 - LAND BANK OF THE PHILIPPINES, Petitioner, v. APOLONIO KHO, REPRESENTED BY HIS HEIRS, NAMELY: PERLA LUZ, KRYPTON, KOSELL, KYRIN, AND KELVIN, ALL SURNAMED KHO, Respondents. G.R. For comments and questions, please send email to cabdo@divinalaw.com. No. 175592, June 14, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EDISON C. MAGBITANG, Accused-Appellant. While the Internet has revolutionized every sphere of human activity, it also facilitated the criminal activities of nefarious individuals. G.R. No. 9871, June 29, 2016 - IN RE: A.M. NO. Cyberlibel creates instant and irrevokable reputation damage. Libel committed on Twitter, Facebook, blogs, and other online content was made a more serious crime compared to printed libel because of to the newly approved anti-cybercrimes law or Republic Act 10175, according to Atty. G.R. G.R. No. http://scjudiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2015/september2015/160619.pdf, http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2014/november2014/187000.pdf. However, for cyber libel, the place where the defamatory article was printed and first published is impossible to ascertain. 202621, June 22, 2016 - ZAIDA R. INOCENTE, Petitioner, v. ST. VINCENT FOUNDATION FOR CHILDREN AND AGING, INC./VERONICA MENGUITO, Respondents. No. G.R. G.R. G.R. 9574, June 21, 2016 - MYRNA M. DEVEZA, Complainant, v. ATTY. Like common law libel, cyberlibel is defamatory, shared with at least one third party and plainly identifies victim (s). NO. DE NACALABAN, Petitioners, v. TRIFONIA D. GABUTAN, BUNA D. ACTUB, FELISIA D. TROCIO, CRISANTA D. UBAUB, AND TIRSO DALONDONAN, DECEASED, HEREIN REPRESENTED BY HIS HEIRS, NAMELY: MADELYN D. REPOSAR AND JERRY DALONDONAN, MARY JANE GILIG, ALLAN UBAUB, AND SPOUSES NICOLAS & EVELYN DAILO, CAGAYAN CAPITOL COLLEGE, REPRESENTED BY ITS PRESIDENT, ATTY. 195382, June 15, 2016 - ORION WATER DISTRICT, REPRESENTED BY ITS GENERAL MANAGER, CRISPIN Q. TRIA, ET AL., Petitioner, v. THE GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), Respondent. 189401, June 15, 2016 - VIL-REY PLANNERS AND BUILDERS, Petitioners, v. LEXBER, INC., Respondent. If the offended party is a private individual, the criminal action may also be filed in the RTC of the province where he actually … 199422, June 21, 2016 - COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. KEPCO ILIJAN CORPORATION, Respondent. G.R. G.R. No. The additional penalties is seen to curtail freedom of expression. RAFAEL O. PENUELA, IN HIS CAPACITY AS ACTING PRESIDING JUDGE OF THE REGIONAL TRIAL COURT, 6TH JUDICIAL REGION, BRANCH 13, CULASI, ANTIQUE AND SEMIRARA COAL CORPORATION (NOW SEMIRARA MINING CORPORATION), Respondents. The Supreme Court (SC), however, ruled that libel is not a constitutionally protected speech. COURT OF APPEALS, ROWENA REYES, ROWENA ODIONG, HYDEE AYUDA, TERESITA BERIDO, CRISTINA LABAPIZ, GEMMA JUMAO-AS, SIGMARINGA BAROLO, LIGAYA B. ANADON, DONALINE DELA TORRE, JOY P. LOMOD, JACQUELINE A. FLORES, SUSAN T. ALIÑO, ANALYN P. ABALLE, CAROLINE A. LABATOS, LENITH F. ROMANO, LEONILA B. FLORES, CECILIA G. PAPELLERO, AGNES C. CASIO, VIOLETA O. MATCHETE, CANDIDA I. CRUJIDO, CLAUDIA B. CUTAMORA, ROSALIE R. POLICIOS, GENELYN C. MUÑEZ, ALOME MIGUE, ELSIE ALCOS, LYDIALYN B. GODINEZ AND MYRNA S. LOGAOS, Respondents. The common law traditionally presumed that a statement was false once a plaintiff proved that the statement was defamatory. JOSEPHINE S. CABAÑEZ, Respondent. Maria Ressa, Executive Editor and CEO of Philippine news website Rappler, arrives at the Manila City Hall for the promulgation of her cyber libel case on June 15, 2020. No. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel. 191936, June 01, 2016 - VIRGINIA D. CALIMAG, Petitioner, v. HEIRS OF SILVESTRA N. MACAPAZ, REPRESENTED BY ANASTACIO P. MACAPAZ, JR., Respondents. 42 It was promulgated to regulate speech that criticized foreign rule. No. In prosecuting the crime of libel or cyber libel, venue is jurisdictional. No. 04-7-373-RTC [REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE REGIONAL TRIAL COURT, BRANCH 60, BARILI, CEBU] AND A.M. NO. The history of the criminalization of libel in the Philippines shows that libel started as a legal tool of the Spaniards and the Americans to protect government and the status quo. LEONCIA R. DIMAGIBA (ASSOCIATE JUSTICE), HON. 197393, June 15, 2016 - PHILIPPINE SAVINGS BANK, Petitioner, v. MANUEL P. BARRERA, Respondent. 9226 (Formerly CBD 06-1749), June 14, 2016 - MA. 208475, June 08, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MANUEL REBANUEL Y NADERA, Accused-Appellant. 214503, June 22, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RICO ENRIQUEZ Y CRUZ, Accused-Appellant. Philippine Journalist Maria Ressa Found Guilty Of Violating Cyber Libel Law The conviction of the former CNN journalist and a colleague, seen … G.R. G.R. General rule: criminal action for libel may be filed with the RTC of the province or city where the libelous article is printed and first published 2. But if utilized for nefarious ends, the prejudice to the community is unimaginable. 206419, June 01, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RUBEN DELA ROSA, Accused-Appellant. No. G.R. 209344, June 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JAIME BRIOSO ALIAS TALAP-TALAP, Accused-Appellant. G.R. Stat. JONILYN BALAO-STRUGAR, AND BEVERLY LONGID, Respondents.**. G.R. VIRGINIA DIO, Petitioner, v. PEOPLE OF THE PHILIPPINES AND TIMOTHY DESMOND, Respondents. 193374, June 08, 2016 - HEIRS OF THE LATE GERRY* ECARMA, NAMELY: AVELINA SUIZA-ECARMA, DENNIS ECARMA, JERRY LYN ECARMA PENA, ANTONIO ECARMA AND NATALIA ECARMA SANGALANG, Petitioners, v. COURT OF APPEALS AND RENATO A. ECARMA, Respondents. Though the film focuses on the Philippines, the issues it touches on aren't unique to that country. A.M. No. No. 195224, June 15, 2016 - VIRGINIA JABALDE Y JAMANDRON, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent. By applying a 12-year period, Keng would still have until the mid-2020s to file his complaint in relation to an article published in 2012 or “re-published” through the update in 2014. The only country where such cyber defamation law is being implemented is China. G.R. No. A.C. No. 211269, June 15, 2016 - RUBEN E. TIU, Petitioner, v. HON. Presumably, the individual’s libelous statement would have to be deemed serious enough … Sec. 172387-88 - ALFREDO HABABAG, SR., SUBSTITUTED BY HIS WIFE, CONSOLACION, AND CHILDREN, NAMELY: MANUEL, SALVADOR, WILSON, JIMMY, ALFREDO, JR., AND JUDITH, ALL SURNAMED HABABAG, Petitioners, v. LAND BANK OF THE PHILIPPINES AND THE DEPARTMENT OF AGRARIAN REFORM, Respondent. No. Thus, the penalty is prision mayor in its minimum period, which is from six years and one day to eight years and medium period, which is from eight years and one day to 10 years. JANE AURORA C. LANTION (ASSOCIATE JUSTICE, ACTING CHAIRMAN), COURT OF APPEALS, CAGAYAN DE ORO CITY (FORMER SPECIAL TWENTY-SECOND DIVISION), PUBLIC Respondents. No. However, it does two things. 201584, June 15, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. APOLONIO "TOTONG" AVILA Y ALECANTE, Accused-Appellant. 172352, June 08, 2016 - LAND BANK OF THE PHILIPPINES, Petitioner, v. ALFREDO HABABAG, SR., SUBSTITUTED BY HIS WIFE, CONSOLACION, AND CHILDREN, NAMELY: MANUEL, SALVADOR, WILSON, JIMMY, ALFREDO, JR., AND JUDITH, ALL SURNAMED HABABAG, Respondents. were lodged with the DOJ, 31 of these cases already dismissed. Malice — along with defamation, publication and identifiability of the person defamed — is one of the four elements of libel. No. 188829, June 13, 2016 - REPUBLIC OF THE PHILIPPINES, HON. Minc Law Defamation Tip: In the global context of online defamation and libel laws, the United States is considered a pro-defendant defamation jurisdiction due to its long-standing enforcement of the U.S. Constitution and Free Speech. 203335, February 11, 2014), saying that Section 6 (of the Cybercrime Prevention Act of 2012) increases the prescription periods for the crime of cyber-libel and its penalty to 15 years. 189516, June 08, 2016 - EDNA MABUGAY-OTAMIAS, JEFFREN M. OTAMIAS AND MINOR JEMWEL M. OTAMIAS, REPRESENTED BY THEIR MOTHER EDNA MABUGAY-OTAMIAS, Petitioners, v. REPUBLIC OF THE PHILIPPINES, REPRESENTED BY COL. VIRGILIO O. DOMINGO, IN HIS CAPACITY AS THE COMMANDING OFFICER OF THE PENSION AND GRATUITY MANAGEMENT CENTER (PGMC) OF THE ARMED FORCES OF THE PHILIPPINES, Respondent. If used for good, it can lead to boundless benefits to society. As Uncle Ben in Spider-Man said, “With great power comes great responsibility.” The Internet has given us great power. CHERYL DAVA, BRAULIO LEDESMA, JR., FLORENCE B. OLSEN, KATHY GERMENTIL, ROSITA ESTUART, ARDELIZA LIM, ELSA RAFANAN, ERLINDA V. GAERLAN, PERLA FERNANDEZ, DELBEN "NOY" BELITA AND JOSEPH AVACILLA, Petitioners, v. ANTONIO S. SY, ROBERTO CARONAN, WILFREDO CIRIACO, NORMA S. WONG, SONIA C. BENERO, MARIA L. PINEDA AND CRISTINA V. CARAMOL, Respondents. No. For general information concerning defamation, see the Defamation Law section of this guide.. 36-2004 DATED MARCH 3, 2004], PROSECUTOR MARY ANN T. CASTRO-ROA, Respondent. ALL RIGHTS RESERVED 2016 DIVINALAW DYNAMIC LAWYERING, DivinaLaw respects your privacy and will keep secure and confidential. EUGENE MARTIN, Petitioners, v. ARTHUR BALAO, WINSTON JARDELEZA, AND BALAO, NONETTE BALAO, CAGUIOA, JJ. No. In criminal libel, the theory is that the damage is to the public rather than to a private individual. 213054, June 15, 2016 - TERESITA TAN, Petitioner, v. JOVENCIO F. CINCO, SIMON LORI HOLDINGS, INC., PENTACAPITAL INVESTMENT CORPORATION, FORTUNATO G. PE, RAYMUNDO G. PE, JOSE REVILLA REYES, JR., AND DEPUTY SHERIFF ROMMEL IGNACIO, Respondents. 154069, June 06, 2016 - INTERPORT RESOURCES CORPORATION, Petitioner, v. SECURITIES SPECIALIST, INC., AND R.C. if (yr!=1995)
Cyber defamation can be understood as the intentional infringement of another person’s right to his good name through the internet medium. ; G.R. G.R. G.R. MTJ-16-1877 (Formerly OCA IPI No. G.R. No. G.R. G.R. Under Aquino's Republic Act 10175 or the Cybercrime Law, libel is the same offense as in the libel under Article 355 of the Revised Penal Code, but one committed through a … NAVAL, Respondents. No. 188020, June 27, 2016 - REN TRANSPORT CORP. There are two main types of defamation: libel, or written defamation, and slander, or verbal defamation. 211026, June 27, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RENATO B. SUEDAD, Accused-Appellant. 197161 - KATHRYN GO-PEREZ, Petitioner, v. THOMAS CLEARY, Respondent. On … No. 212504 - CEBU SOUTH MEMORIAL GARDEN, INC., Petitioner, v. LETECIA SIAO, LYNEL SIAO, JANELYN SIAO, ELEANOR FAYE SIAO, SHELETT SIAO AND HONEYLET SIAO, Respondents. G.R. 203538, June 27, 2016 - ARTEX DEVELOPMENT CO., INC., Petitioner, v. OFFICE OF THE OMBUDSMAN, ATTY. G.R. For cyber libel in particular, the publication requirement is satisfied when the allegation is made publicly through the use of information and communication technologies. No. "Three times longer imprisonment. No. No. G.R. Under RA 10175 (Cybercrime Act of 2012), if libel is committed by, through and with the use of information and communications technologies, the nature of the crime changes… to cyber libel” which, it said, prescribes in 12 years. G.R. No. G.R. A.C. No. 215348, June 20, 2016 - ELDEFONSO G. DEL ROSARIO AND JOSEFINO R. ORTIZ, Petitioners, v. CRISTINA OCAMPO-FERRER, Respondent. RIA NINA L. SUSUSCO AND CHIEF CITY PROSECUTOR EMELIE FE DELOS SANTOS, Respondents. 211141, June 29, 2016 - HILARIO DASCO, REYMIR PARAFINA, RICHARD PARAFINA, EDILBERTO ANIA, MICHAEL ADANO, JAIME BOLO, RUBEN E. GULA, ANTONIO CUADERNO AND JOVITO CATANGUI, Petitioners, v. PHILTRANCO SERVICE ENTERPRISES INC/CENTURION SOLANO, MANAGER, Respondents. Charles Ebel Personal Injury Mediation Attorney in Michigan. Under Aquino's Republic Act 10175 or the Cybercrime Law, libel is the same offense as in the libel under Article 355 of the Revised Penal Code, but one committed through a … The Problem of Online Defamation The internet and social media are certainly a great thing for people and society in general, but they are also a uniquely effective breeding ground for potentially libelous statements. FE MACALINO, AND GILDA MACALINO, Petitioners, v. ARTEMIO PIS-AN, Respondent. G. R. No. “Cyberlibel brings with it certain intricacies, unheard of when the Penal Code provisions on libel were enacted. 170966, June 22, 2016 - REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE DEPARTMENT OF AGRICULTURE, Petitioner, v. ALBERTO LOOYUKO, DOING BUSINESS UNDER THE NAME AND STYLE OF NOAH'S ARK SUGAR HOLDINGS AND WILSON T. GO, Respondents. Philippines Defamation: Definition. No. ELLY L. PAMATONG, Respondent. That the facts charged do not constitute an offense; That the court trying the case has no jurisdiction over the offense charged or the person of the accused; That the officer who filed the information had no authority to do so; That it does not conform substantially to the prescribed form; That more than one offense is charged except in those cases in which existing laws prescribe a single punishment for various offenses; That the criminal action or liability has been extinguished; That it contains averments which, if true, would constitute a legal excuse or justification; and. But the good always comes with the bad. G.R. No. Cyber Libel - Background The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10465, June 08, 2016 - SPOUSES LAMBERTO V. EUSTAQUIO AND GLORIA J. EUSTAQUIO, Complainants, v. ATTY. ALIPIO F. FERNANDEZ, JR., IN HIS CAPACITY AS COMMISSIONER OF THE BUREAU OF IMMIGRATION, HON. G.R. 194605, June 14, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. MARIANO OANDASAN, JR., Accused-Appellant. Prosecutors have argued that a correction made to the story after the law passed constituted a "republication" and meant it was could be considered as "cyber libel." The constitutionality of the provision on cyber libel was subsequently assailed in Disini v. Secretary of Justice (G.R. 205097, June 08, 2016 - CORAZON D. ISON, Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent. The Court of Appeals reversed and set aside the Regional Trial Court Order that quashed the Informations charging petitioner Virginia Dio (Dio) with libel because these Informations failed to allege publication.4ChanRoblesVirtualawlibraryPrivate respondent Timothy Desmond (Desmond) is the Chair and Chief Executive Officer of Subic Bay Marine Exploratorium, of which Dio is Treasurer and Member of the Board of Directors.5ChanRoblesVirtualawlibraryOn December 9, 2002, Desmond filed a complaint against Dio for libel.6 Two (2) separate Informations, both dated February 26, 2003, were filed and docketed as Criminal Case Nos. 217575, June 15, 2016 - SOUTH COTABATO COMMUNICATIONS CORPORATION AND GAUVAIN J. BENZONAN, Petitioners, v. HON. G.R. Harry Roque, professor of constitutional law at the University of the Philippines. ; SPOUSES ARNULFO R. VERSOZA AND PRISCILLA M. VERSOZA; SPOUSES DOMINGO AND DOMINGA GOMEZ; AND ERLINDA GOMEZ-OCAY, IN HER BEHALF AND IN BEHALF OF CARLITO, MEDELINA, ANGELISTA, SILVERA, LOLITA, & ROMBERTO, ALL SURNAMED GOMEZ, Intervenor-Respondents. No. 190876, June 15, 2016 - YELLOW BUS LINE EMPLOYEES UNION (YBLEU), Petitioner, v. YELLOW BUS LINE, INC. (YBLI), Respondent. No. 210936, June 28, 2016 - TEODORO B. CRUZ, JR., MELCHOR M. ALONZO, AND WILFREDO P. ALDAY, Petitioners, v. COMMISSION ON AUDIT, Respondents. No. Numerous legislators are already expressing interest as well in amending the Cybercrime Law and Revised Penal Code. Cyberlibel is any inaccurately or injuriously written defamation triggered via electronic means, including the Internet, social media, email and websites. CLODUALDO ANTONIO R. DE JESUS, JR., ATTY. DAISY'S. If the totality of the publication makes it possible to determine who the defamed person is, then this element is also satisfied. G.R. The Internet has disrupted every aspect of our lives including how we gather information, communicate with friends and family, and conduct our businesses. SON, EUSTOLIA J. MATA, BEATRIZ J. SATIRA, TERESA J. BERMEJO, CORAZON J. COGINA, MARIA J. NOVAL AND VISITACION J. DELA TORRE, Respondents. 11246, June 14, 2016 - ARNOLD PACAO, Complainant, v. ATTY. No. G.R. 208524, June 01, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BERNARDINO PERALTAJ MORILLO AND MICHAEL AMBAS Y REYES, Accused, BERNARDINO PERALTA Y MORILLO, Accused-Appellant. John needs to know how the law treats this situation, so we discuss some basic aspects of defamation law. 210761, June 28, 2016 - KILUSANG MAYO UNO, REPRESENTED BY ITS CHAIRPERSON, ELMER LABOG; NATIONAL FEDERATION OF LABOR UNIONS-KILUSANG MAYO UNO, REPRESENTED BY ITS VICE-PRESIDENTS, REDEN ALCANTARA AND ARNOLD DELA CRUZ, CENTER FOR TRADE UNION AND HUMAN RIGHTS (CTUHR), REPRESENTED BY ITS EXECUTIVE DIRECTOR DAISY ARAGO, VIRGINIA FLORES AND VIOLETA ESPIRITU, Petitioners, v. HON. 218240, June 28, 2016 - ENGR. G.R. ANA, Accused-Appellant. Proceeding from the definition of libel under Article 353 of the Revised Penal Code, cyber libel is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead, and committed … 181369, June 22, 2016 - TALA REALTY SERVICES CORP., INC., PEDRO B. AGUIRRE, REMEDIOS A. DUPASQUIER, DOLLY LIM, RUBENCITO M. DEL MUNDO AND ELIZABETH H. PALMA, Petitioners, v. BANCO FILIPINO SAVINGS & MORTGAGE BANK, Respondent. A.C. No. ; G.R. 204769, June 06, 2016 - MAGSAYSAY MARITIME CORP., CSCS BMTERNATIONAL NV AND/OR MARLON* RONO, Petitioners, v. RODEL A. CRUZ, Respondent. No. Harry Roque, professor of constitutional law at the University of the Philippines. 181353, June 06, 2016 - HGL DEVELOPMENT CORPORATION REPRESENTED BY ITS PRESIDENT, HENRY G. LIM, Petitioner, v. HON. G.R. JESUS SIBYA, JR., Respondents. G.R. 186050, June 21, 2016 - ARTHUR BALAO, WINSTON BALAO, NONETTE BALAO, JONILYN BALAO-STRUGAR, AND BEVERLY LONGID, Petitioners, v. EDUARDO ERMITA, GILBERTO TEODORO, RONALDO PUNO, NORBERTO GONZALES, GEN. ALEXANDER YANO, GEN. JESUS VERZOSA, BRIG. No. G.R. G.R. 196557, June 15, 2016 - GREGORIO "TONGEE" BALAIS, JR., Petitioner, v. SE'LON BY AIMEE, AMELITA REVILLA AND ALMA BELARMINO, Respondents. 203924, June 29, 2016 - ROGER CABUHAT AND CONCHITA CABUHAT, Petitioners, v. DEVELOPMENT BANK OF THE PHILIPPINES, REPRESENTED BY MANAGER PERLA L. FAVILA, Respondent. II. G.R. No. No. No. No. G.R. No. MANILA – The recent conviction of Rappler CEO Maria Ressa and former reporter-researcher Reynaldo Santos Jr. brought to the fore cyber libel as a weapon against journalists. 214399, June 28, 2016 - ARMANDO N. PUNCIA, Petitioner, v. TOYOTA SHAW/PASIG, INC., Respondent. 193075, June 20, 2016 - EMMANUEL REYES, SR. AND MUTYA M. REYES, Petitioners, v. HEIRS OF DEOGRACIAS FORLALES, NAMELY: NAPOLEON FORLALES, LITA HELEN FORLALES-FRADEJAS, JAIME FORLALES, JR., JULIUS FORLALES FORTUNA, HORACE FORLALES, GALAHAD FORLALES, JR., INDEPENDENCE FORLALES-FETALVERO, MELITON FORLALES, JR., MILAGROS V. FORLALES AND MERCEDES FORLALES-BAUTISTA, Respondents. 214473, June 22, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. EMETERIO MEDINA Y DAMO, Accused-Appellant. EDGARDO DOROMAL, MAJ. GEN. ISAGANI CACHUELA, COMMANDING OFFICER OF THE AFP-ISU BASED IN BAGUIO CITY, PSS EUGENE MARTIN, AND SEVERAL JOHN DOES, Respondents. G.R. No. JOSELITA C. MALIBAGO-SANTOS, CLERK OF COURT VI, OFFICE OF THE CLERK OF COURT, REGIONAL TRIAL COURT, ANTIPOLO CITY, RIZAL, Complainant, v. JUANITO B. FRANCISCO, JR., SHERIFF IV, OFFICE OF THE CLERK OF COURT [OCC], REGIONAL TRIAL COURT, ANTIPOLO CITY, RIZAL, Respondent. 206880, June 29, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ENRIQUE MIRANDA, JR. Y PAÑA @ "ERIKA" AND ALVIN ALGA Y MIRANDA @ "ALVIN," Accused-Appellants. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel. G.R. Nos. This new law defined and punished offenses, which may be grouped as follows: offenses against the confidentiality, integrity and availability of computer data systems; computer-related offenses, such as computer forgery, fraud and identity theft, and content-related offenses, such as cybersex, child pornography and, most significantly, cyber libel. G.R. Therefore, the state becomes the prosecuting entity against an individual speaker. Cyberlibel is any inaccurately or injuriously written defamation triggered via electronic means, including the Internet, social media, email and websites. ROMEO G. ROXAS, Petitioner, v. REPUBLIC REAL ESTATE CORPORATION, Respondent. For ordinary libel, the venue, where the complainant is a private individual, is limited to only either of two places, namely: where the complainant actually resides at the time of the commission of the offense or where the alleged defamatory article was printed and first published. NAVAL, AND AMALIA B. At anytime, you can visit the cyber crime division of either PNP or NBI to discuss your situation. Libel is a crime under the Revised Penal Code. The threat of the libel laws of some foreign countries is so dramatic that the United Nations Human Rights Committee examined the issue and indicated that in some instances the law of libel has served to discourage critical media reporting on matters of serious public interest, adversely affecting the ability of scholars and journalists to publish their work. No. G.R. As to the first requirement, the allegation must be a malicious imputation of a crime or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person or to blacken the memory of one who is dead. 211526, June 29, 2016 - PMI-FACULTY AND EMPLOYEES UNION, Petitioner, v. PMI COLLEGES BOHOL, Respondent. One of the elements of libel is publication of the charge. Prosecutors filed the case before the Makati Regional Trial Court on November 23, around five months after Ressa and former Rappler researcher Reynaldo Santos, Jr. were convicted of cyber libel in Manila.. 189447 - LEXBER, INC., Petitioner, v. STRONGHOLD INSURANCE COMPANY, INC., Respondent. G.R. G.R. Libel is deemed as a civil offense, where a person or entity suing for libel may only collect monetary damages from the person who published or posted libelous materials. No. In the absence of cyberbullying law affecting adults, you can use the cyber libel (online libel) provision of RA 10175 or the cyber crime law. Libel is one of the cybercrime offenses punishable under … 209384, June 27, 2016 - URBANO F. ESTRELLA, Petitioner, v. PRISCILLA P. FRANCISCO, Respondent. G.R. 213582, June 28, 2016 - NYMPHA S. ODIAMAR,1 Petitioner, v. LINDA ODIAMAR VALENCIA, Respondent. Principles: A. No. The judge considered cyber libel to be “an offense separate and distinct” from ordinary libel under the Revised Penal Code (RPC). were lodged with the DOJ, 31 of these cases already dismissed. June 2016 - Philippine Supreme Court Decisions/Resolutions. When committed through information and communication technologies, libel becomes cyber libel, which carries with it a higher penalty by one degree under Section 6 of the Cybercrime Prevention Act. 13-2635-MTJ), June 13, 2016 - MOAMAR PANGANDAG, Complainant, v. PRESIDING JUDGE OTTOWA B. ABINAL, 8TH MUNICIPAL CIRCUIT TRIAL COURT IN MULONDO, MAGUING, LUMBA-BAYABAO, AND TARAKA, LANAO DEL SUR, Respondent. It aims to address legal issues concerning online interactions and the Internet in the Philippines. 208586, June 22, 2016 - HEIRS OF DATU MAMALINDING MAGAYOONG, REPRESENTED BY DR. MAIMONA MAGAYOONG-PANGARUNGAN WITH HER SPOUSE DATU SA MARAWI RASID PANGARUNGAN, AND DR. ANISHA* MAGAYOONG-MACABATO WITH HER SPOUSE DATU KHALIQUZZAMAN MACABATO, Petitioners, v. HEIRS OF CATAMANAN MAMA, REPRESENTED BY HASAN MAMA, Respondents. Concept: The law punishes a person who demands a compensation or money consideration by: 1. threatening to publish a libel concerning a person or his family and 2. offering to prevent the publication of a libel. G.R. For the third requisite, it is not necessary that the person defamed is named. 196962, June 08, 2016 - PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JOAN SONJACO Y STA. Gregorio D. 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