Title XIII: Crimes Against Honor (Revised Penal Code – Book Two)

Crimes against honor under the Revised Penal Code (RPC) of the Philippines primarily aim to protect an individual's reputation, dignity, and honor. These crimes include libel, slander, and similar offenses, which are found in Articles 353 to 364 of the RPC. Below is a meticulous breakdown of the relevant provisions and their interpretations:

I. LIBEL AND OTHER FORMS OF DEFAMATION

A. Definition of Libel (Art. 353)
Libel is defined as:

Public and malicious imputation of a crime, vice, defect (real or imaginary), or any act, omission, condition, status, or circumstance;
Made against a natural or juridical person;
That tends to cause dishonor, discredit, or contempt of the person defamed.

B. Elements of Libel

The imputation must be defamatory.
It must be malicious.
It must be given publicity.
The person defamed must be identifiable.

C. Forms of Defamation

Libel by Writing or Similar Means (Art. 355)
Libel may be committed through writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means.
- Key Point: Malice is presumed in defamatory statements unless the accused can prove good faith or a lawful purpose.
Slander (Oral Defamation) (Art. 358)
Slander is committed by orally uttering defamatory statements.
- Serious Oral Defamation: Imputations that are serious in nature, e.g., accusations of a crime involving moral turpitude.
- Slight Oral Defamation: Less serious defamatory utterances, e.g., minor insults.
Slander by Deed (Art. 359)
Committed by performing acts that are defamatory in nature, which cause dishonor, discredit, or contempt.

D. Presumption of Malice

Malice in Law: Presumed in every defamatory imputation, whether libel or slander, unless the publication falls under privileged communication.
Malice in Fact: Proven by evidence of bad faith or ill motive.

E. Privileged Communications (Art. 354) There are two kinds:

Absolutely Privileged Communications: Not actionable under any circumstances, e.g., statements made during legislative proceedings.
Qualifiedly Privileged Communications: Defamation made under lawful purposes and in good faith, such as:
- Statements in official duty or legal proceedings.
- Fair and true reporting of matters of public interest.

II. SPECIAL CASES INVOLVING LIBEL

A. Damages for Libel
Victims of libel may recover civil damages under Art. 33 of the Civil Code, which provides for separate civil liability from criminal prosecution.

B. Multiple Liabilities
Authors, editors, and publishers may all be held liable for libel, with varying degrees of accountability.

C. Venue for Libel Cases (R.A. 10175 – Cybercrime Prevention Act of 2012)
For online libel, jurisdiction lies in the location where the offended party resides at the time of the commission.

III. ALTERNATIVE PENALTIES AND EXEMPTIONS

A. Imposition of Fines
Courts may impose fines in lieu of imprisonment for certain libel cases to align with restorative justice principles.

B. Exceptions to Defamation

Truthful Reporting: Defamatory statements that are true and made in good faith for lawful purposes are exempt.
Fair Commentaries: Opinions on matters of public interest are exempt, provided they are made without malice.

IV. OTHER CRIMES AGAINST HONOR

A. Incriminatory Machinations

Intriguing Against Honor (Art. 364)
- Defined as any intrigue that casts dishonor, discredit, or contempt on another person.
- Elements:
  - The offender deliberately spreads a false story.
  - The intent is to harm another’s reputation.

B. Other Relevant Offenses

False Accusations: Filing malicious criminal complaints can constitute perjury or malicious prosecution.
Vilification: Persistent verbal harassment may constitute unjust vexation in some circumstances.

V. RELEVANT JURISPRUDENCE

U.S. vs. Ocampo (1912): Established the presumption of malice in defamatory statements.
Borjal vs. Court of Appeals (1999): Clarified the doctrine of privileged communications in fair commentaries.
Tulfo vs. People (2018): Reiterated that malice is presumed unless the accused proves lack of bad faith.

VI. RECENT LEGISLATION AND DEVELOPMENTS

R.A. 10175 (Cybercrime Prevention Act of 2012)
Introduced online libel, which penalizes defamation in cyberspace.
- Key Point: Penalty for online libel is one degree higher than traditional libel.
Impact of Human Rights Principles
Courts are increasingly balancing freedom of speech with the protection of honor and dignity.

PENALTIES

Libel (Art. 355): Prisión correccional in its minimum to medium periods (6 months and 1 day to 4 years and 2 months) or a fine.
Oral Defamation (Art. 358):
- Serious: Arresto mayor to prisión correccional.
- Slight: Arresto menor or fine.
Slander by Deed (Art. 359): Arresto mayor in its maximum period to prisión correccional in its minimum period.

This is an exhaustive guide on crimes against honor under the Revised Penal Code. Each case must be assessed on its facts and circumstances, with adherence to principles of law and equity. For legal disputes, consultation with a competent lawyer is advised.