Q: What are the elements of libel that should be present in an information for it to be considered libelous?

A: Elements of Libel Under Philippine Law

Libel is a crime under Philippine law, governed by Article 353 of the Revised Penal Code. To be considered libelous, the following elements must be present:

1. Allegation of a Discreditable Act or Condition Concerning Another

There must be an imputation of a crime, vice, defect, or any act, omission, or condition that tends to cause dishonor, discredit, or contempt to a person.

2. Publication of the Charge

The defamatory imputation must be publicly communicated. "Publication" in this context does not necessarily mean in print but can include statements made online or verbally to a third person other than the offended party.

3. Identity of the Person Defamed

The victim must be identifiable, although it is not necessary for the statement to mention the victim by name. It is enough if the victim is described or alluded to in such a way that people who know them will recognize them.

4. Existence of Malice

Malice refers to the intention to do injury to another. In libel cases, malice is presumed if the defamatory statement is false and injurious.
Actual Malice: When the offender knows that the statement is false or disregards whether it is false or not.
Presumed Malice: Even if the statement is true, if it is not motivated by good intentions and justifiable motives, malice may be presumed.

5. Statement Must be Defamatory

The statement must be such as would tend to cause dishonor, discredit, or contempt to the person defamed. The courts often assess this based on what a reasonable person in the community would think.

6. Format and Medium

Libel may be committed through writings, printing, engraving, radio, painting, or any similar means.

Conclusion

In Philippine law, a statement or information will be considered libelous if it satisfies the above elements. If one is accused of libel or believes they are the victim of libel, it would be advisable to consult a legal professional in the Philippines to understand the specific details of the case and the legal remedies that may be available.