Albertine Din
Exam: quiz in constitutional law
Word count: 536
Writing time: 37 minutes
Email: albertine.din@gmail.com
Class: Constitutional Law 1
Teacher: Judge Ric Bastasa
1. Libel is 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 blacken the memory of one who is dead. Cyber libel is the commission of libel in cyberspace, such as in online blogs, websites and social media. Libel as defined in Article 353 of the Revised Penal Code is completely adopted in the Cybercrime Prevention Act, the only difference being that while libel in RPC is limited to writing and oral communication, cyber libel includes those posted online.
2. The two cases describe the limits and extent of the freedom of expression, and its relationship with libel. In Tulfo, the Court focused on the limits when it held that while the freedom of speech and of the press are Constitutionally protected rights, people belonging in the press must acknowledge the corollary duty to publish responsibly by giving due diligence, that is, by investigating and researching and providing proofs on their published content.
Upon the other hand, in Borjal, the Court held that fair commentaries on public figures and matters of public interest are protected from libel if they are found to be of "good intention" or "justifiable motive".
3. Just with any right, the right given by the constitutional provision on freedom of expression has its corresponding duty. In other words, while the people have the freedom to express their minds through speech, their right ends where the rights of other begins; a violation of which would constitute libel.
As a general rule, communications which are public, malicious, and tending to cause the dishonor, discredit and contempt of a person, are not protected, and would be a violation constituting a case of libel. However, there are exemptions to this rule. In Borjal, the Court explained the two types of privileged communication which is protected from libel: absolutely privileged communication and qualifiedly privileged communicaiton. The former gives immunity even those that were committed in bad faith. An example of this is the parliamentary immunity given to Senators and Members of the House of Representatives, as provided in Section 11, Article VI of the 1987 Constitution. Upon the other hand, qualifiedly privileged communication, communications are defamatory can only be protected if they are found to be "good intention or justifiable motive". An example of this is the provisions in Article 354 of the Revised Penal Code which protects private communication and fair and true report.
4. Regional Trial Courts have jurisdiction over libel. Under the Revised Penal Code, the penalty for libel is prision correcional while the Cybercrime Prevention Act provides for a penalty of one degree higher than the penalty for libel in RPC.
5. In the case of Ogie Diaz, he was acquitted of libel because the Court ruled that "Miss S" who was the subject of the libelous article, was not identifiable. In addition to the elements that the libelous article is public, malicious, and defamatory, the Court held that the subject of the libelous article must be identifiable. In this case, she was not identifiable, hence Diaz was acquitted.
Albertine Din
2020-11-12
Audey Principe
Exam: quiz in constitutional law
Word count: 410
Writing time: 59 minutes
Email: audeygprincipe@gmail.com
Class: Constitutional Law 1
Teacher: Judge Ric Bastasa
1. Cyber Libel as provided by in Section 4 (c) (4) of RA 10175, it is an unlawful or prohibited acts of libel as defined in Article 335 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which maybe devised in the future. Both of libel in the Revised Penal Code and that of Cyber libel constitutes public and malicious imputation of a crim, defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause dishonor, discredit or contempt of a person either alive or dead; the only difference between the both is that the former is done thru traditional means (writing, printing, lithography, egraving, radio, other simmilar means)whereas the latter is done thru a computer system.
2. The distinguishement between the case of Tulfo and Borjal are as follows; first, the subject differs because in Borjal it was a private individual whereas in Tulfo is a public figure; second, there was no sufficient identification on Borjal case unlike in Tulfo Case; finally, the Supreme Court held on Borjal that he was fair in commenting on matters of public interest unlike in Tulfo wherein there is a presence of malice.
3. Freedo of expression refers to the ability of an individual or group in expressing their beliefs, thoughs, ideas and emotions free from government censorship. Freedom of expression has a freedom from subsequent punishment unlike in libel. Under the Artcile III, Section 4 of the 1987 Consitution, freedom of expression is protected.
4. The Regional Trial Courts has a jurisdiction over libel cases. Under the RPC the penalty of libel is prision correccional in minimum period up to 4years, 2months in maximum; or a fine from P 200.00 - P 6, 000, or both. On special law of cyber libel, the SC held that it does not remove imprisonment as a penalty under RPC, the judges may excercise sound discretion in accordince with the AC No. 08-08. In summary, the RPC may be supplementary in penalty for cybel libel.
5. Ogie Diaz was acquitted of libel because the last element of libel which is the victim must be identifiable does not discribed to certain Miss Florinda Bagay. Thus, if should a libel case may prosper the four elements such as defamatory, malicious, given publicly and the victim must be identify must be present; in the case of Diaz, the fourth element was lacking thereby he was acquitted.
Audey Principe
2020-11-12
Cesar Tinga
Exam: quiz in constitutional law
Word count: 303
Writing time: 36 minutes
Email: sartings5545@gmail.com
Class: Constitutional Law 1
Teacher: Judge Ric Bastasa
1. Cyber libel is a crime of defamation and slander with malicious intent through the use of the internet or social media whereas libel in the RPC is an oral or written defamation with malicious intent to dishonor or discredit the good reputation of a person.
2. In the case of Borjal, the court dismissed the petitioner for lack of merit as there was the absence of the clear identity of the person being subject of the alleged libel case. This is acknowledged by the person (subject of the libel) himself. In the case of Tulfo, the petitioners that is including his companions were convicted of libel because of the clear identification of the subject cited in the libelous paper, Remate, which is of public circulation. Tulfo even mentioned the name of Atty, "Ding" So in one of his expose. His other petitioners were also convicted because under the law, they are deemed associates or conspirators of the libel including the publisher.
3. Freedom of expression is a gift by God to each one of us and it is protected and guaranted by the Constitution. The practice of Fair and good reporting without commentary is an expression of freedom of expression.But when is freedom of expression becomes libelous? When such freedom is used with malicious intent to discredit or dishonor the good reputation of natural or juridical person and even to the extreme of maligning the memories of a dead person.
4. The Cyber Crime court. Honestly, I have not encountered this as far as my reading is concerned, however, I will take this as my homework.
5. in the case of Ogie Diaz, the legal basis of the acquital of the court was the lack of the requisites of libel. The person cited in the libelous paper is not clearly identified
Cesar Tinga
2020-11-12
Cherrie May Baes Pancho
Exam: quiz in constitutional law
Word count: 422
Writing time: 38 minutes
Email: cmb102792@gmail.com
Class: Constitutional Law
Teacher: Judge Ric Bastasa
1. Under Article 353 in the Revised Penal Code (RPC) states a Libel is a public and malicious, imputation of a crime, or of a vice or defect, real and imaginary, or any act of omission, condition, status, or circumstances tending to a cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
In Article 353 of the RPC states the definition of a libel and how the crime apply of it.
In Article 353 of the RPC states the definition of a libel and how the crime apply of it.
2.The two important jurisprudence are First, the petitioner Tulfo was assumed that the Prosecution presented credible and relevant evidence. The Court of Appeals conclude the malice in law exists by the court's having incorrectly presumed in the instant case.
Lastly, The article complained of are not privileged. Under section 6 of rule 45 states the misappreciation of the evidence presented on matters substantial and material of the guilt or innocence of the petitioner.
3. I can relate Freedom expression rather than libel. In Freedom Expression it is a right to include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The definition of libel states it is false statement that is damaging to his or her reputation through written or online.
Freedom expression is protected in a good manner if we want to voice out our opinions and suggestion while in Libel it is not safe because someone criticizes you of what you are doing.
4. The Court Jurisdiction in libel is about in Article 361 Proof of the truth, and it is stated in every criminal prosecution for libel , the truth may be given the evidence to the court , and if it appears that matter charged as libelious is true. The libel should published by good motives and justifiable. The penalty for libel under the Revised Penal Code is prision correctional with a maximum imprisonment of six years, and one degree higher is prision mayor with a maximum of 12 years for the case of print and broadcast libel.
5. Ogie Diaz and Manny Pichel was accused under the Article 353 and penalized under Article 355 of the Revised Penal Code. Ogie Diaz must pay the 3.000.00 Pesos fines for Florinda Bagay for having a malicious, impeaching the integrity, honor and reputation to her. At the end of the day, the petition was grant and decision by the Court of Appeals that Ogie Diaz is acquitted of the crime libel.
Cherrie May Baes Pancho
2020-11-12
DC Kimberly Cuenca
Exam: quiz in constitutional law
Word count: 276
Writing time: 47 minutes
Email: kimberlycuenca@gmail.com
Class: Constitutional Law 1
Teacher: Judge Ric Bastasa
1.
Cyber libel is the intentional infringement of another person's right to his good name through the internet medium. You can distinguish the libel in the Revised Penal Code from the cyber libel if the libel is by means of writing, printing, painting, phonograph, or any other similar means. Cyber libel is committed in the internet medium.
2.
In the case of Borjal, Borjal's questioned writings are not within Art. 354 of the Revised Penal Code's exceptions. They were neither private communications nor fair and right report without any comments. In the case of Tulfo, they published the libelous article without verifying the truth of the allegations against the petitioner.
3.
There should be a constitutional democracy for freedom of expression and for libel. There should be a liberty to publicly discuss any matter of public interest without censorship and punishment truthfully. A private communication made by any person to another in the performance of any legal, moral, or social duty, and a fair and true report, made in good faith without any remarks or comments are protected. A privileged or private communication may be either absolutely privileged or qualifiedly privileged.
4.
The Regional Trial Court has jurisdiction over libel. Prision correctional in its minimum and medium periods or a fine ranging from 200 to 600, 000 pesos, or both. This is in addition to the civil action which may be brought by the offended party.
5.
Ogie Diaz was acquitted of libel because the last element of the libel is inessential; the victim was unidentifiable. Diaz' article referring to "Miss S" does not give a sufficient description or indications that "Miss S" is Florinda Bagay.
DC Kimberly Cuenca
2020-11-12
Edison Alviar
Exam: quiz in constitutional law
Word count: 295
Writing time: 41 minutes
Email: edisonalviar755133@gmail.com
Class: Political Law
Teacher: Hon. Ric Bastasa
1. Cyber libel or cyber defamtion as the intentional infringement of another person's rigth to his good name through the internet medium. While libel in revised penal code is a public and malicious imputatuionm of a crime , or of vice or defect, real imaginary or any act or omission, condition status or circumstances tending to discredit or cause dishonor.
2. In borjal's case, stemmed from civil action for damages based on libel and was not a criminal case. The ruling in borjal's case that there was no sufficient identification of the complainant which shall be differentiated from tulfo case. borjal is a private citizen while tulfo is a public official.
3. It is related because both are considered exercise freedom of expression. freedom of expression is protected by the constitution while libel though it also form part as free expression but malicious and defamatory in nature, thus it is prohibited and not protected by the constittution.
4. it is within the jurisdiction of the Regional trial court whether be it Civil and cri minal even though the penalty is within the jurisdiction of the Municipal trial courts.
the penalty of libel under RPC is punished with prision correctional in its minimum period. while for the penalty for cyber libel is prision correctional in its maximum period to prision mayor in its minimum period equivalet to four (4) years, two (2) months and one day to maximum of eight (8) years.
5. the supreme court held that, the requirement for an identified or identifiable victim has not been complied with the used of identified name in the article which refer to Miss S. did not reveal as the same person being defamed in the case which refers to florinda Bagay. thus Ogie diaz was acquitted.
Edison Alviar
2020-11-12
Holly-Ann Cabasag
Exam: quiz in constitutional law
Word count: 467
Writing time: 71 minutes
Email: cabasaghollyann4@gmail.com
Class: Constitutional Law
Teacher: Ric S. Bastasa
1.) Cyber libel is an intentional infringement of another person's good name through the use of internet medium. Libel in the RPC is a public and malicious imputations of a crime, or of a vice or defect which tends to cause the dishonor, discredit, or contempt of a natural juridical person. Furthermore, libel is committed by means of writing, printing or publications in tabloids/magazines or in the newspaper of general circulations. Cyber libel on the other hand involves posting malicious or defamatory imputations through the use of social media or internet (e.g. facebook, twitter and other social media platforms).
2.) The two important jurisprudence on libel to the case of Tulfo and the case of Borjal are absolute privilege communication and qualifiedly privilege communication. In the case of Tulfo, the absolute privilege was being discussed however this was not applicable to him since the parliamentary immunity only covers those members in the Congress or every legislative assembly. Tulfo himself works as a radio broadcaster thus made him to be excluded in the said privilege. On the other hand, in the case of Borjal, the qualifiedly privilege can be applied considering the fact that he acted in good faith which defamatory imputations is not actionable thus making him privileged. Furthermore, to be considered malicious, the libelous statements must be shown to have been written or published with the knowledge that they are false.
3.) Freedom of expression enables you to exercise your freedom by giving opinions to certain issues pertaining to public. It allows you to freely states your thoughts without prejudicing your right. However, this freedom is not always absolute if this will already cause defamatory imputations which infringe someone's name and moral integrity. This will lead that the case of libel will be carried out. The freedom of expression will be protected while libel will not be protected.
4.) The court which has jurisdiction over libel is the Court of First Instance or known today as Regional Trial Court. The penalty for libel under the RPC is prision correccional in its minimum periods or a fine ranging from 200 to 6,000 pesos and prision mayor with a maximum imprisonement of 12 years or both in addition to civil action.
5.) Ogie Diaz was acquitted of libel as there's an absence of one of the requisites of libel. The last element of libel is that the victim is identified or identifiable from the contents of libelous article. The libelous article, while referring to "Miss S" does not give sufficient description other than Miss S. Thus, failure of presenting the last requisite to file a libel case will automatically results to the acquittal of the said case. All the requisites of libel must be presented for the libel case to prosper.
Holly-Ann Cabasag
2020-11-12
Joseph Vallecer
Exam: quiz in constitutional law
Word count: 314
Writing time: 108 minutes
Email: jvallecer1980@gmail.com
Class: Constitutional Law I
Teacher: Judge Ric S. Bastasa
1.Cyber libel - RA 10175 content -related offenses such as cybersex,child phornography and libel which may be through a computer system.It is also penalizes unsolicited commercial communication or content that advertises or sells products or services.,while libel in the Revised Penal Code-defines as a publig imputation of a crime,or of a vice or verdect,real or imaginary.or any act,omission,condition,status or circumtance tending to descredit or cause the dishonor or contempt of a natural or juridical person,or to blacken the memory of one who is dead.ARTICLE 353.
2 The exercise of free expression and its concordant assurance of commentary on public affairs and public figures,certainly qualify as 'justifiable motives'if not good intention.
Borjal case stemmed from a civil action for damages based on libel and was not a criminal case and the ruling of Borjal was that there was no sufficient identification of complainant.While Tulfo case is parralel to Borjal all the requisites of libel against tulfo are present.
3 A freedom of expression this right shall include freedom to hold opinions and to recieve and impart information and ideas without interference by public authority and regardless of frontiers while libel Article 355 libel means writing or similar means ,it must be defamatory,malicious,given publicly,victim must identiafiable.
4 In the case of libel the statute clearly and specifically provides that said complaint must be filed in the Court of First Instance.
Libel under Revised Penal Code shall be punished by prision correccional in its mininum and medium periods or a fine ranging from 200 to 6,000 pesos,or both, in addition to civil action which may be brought by the offended party.
5 The libel case of Ogie Diaz will not prosper because there is absence of requisites of libel case.Where the requirement for an identified or identifiable victim has not been complied with,the case for liber must be dismissed.
3
Joseph Vallecer
2020-11-12
Kyle Kristian Jay Geromo
Exam: quiz in constitutional law
Word count: 385
Writing time: 69 minutes
Email: kylekristianjaygeromo@gmail.com
Class: Constitutional Law 1
Teacher: Judge Ric S. Bastasa
1. Cyber libel is an intentional infringement of another persons's name through the use of internet. In the RPC, libel is a public and malicious imputation of crime through defamation of means of writing or printing against a person. It can be visible to the public through tabloids and magazines, whereas, cyber libel uses the medium of internet for defamation.
2. The two important jurisprudence on libel are: absolute privilege communication and qualifiedly privilege communication thaht can be found in the cases of Tulfo and Borjal. In the case of Tulfo, the absolute privilege was discussed in the ruling. However, if did not qualify in his case because he did not have any parliamentary immunity since he is not part of the legislative branch of the government as per stated in the constitution of the Philippines. While, in the case of Borjal, the qualifiedly privilege was applied in the ruling since petitioner Borjal have acted in good faith when the libelous article was printed.
3. Freedom of expression gives you the right to hold your own opinion and be able to express them freely without any interference, and libel also is cored with giving opinion without interference unless it is found to be malicious. Libel and freedom of expression are not always absolute in nature and it always constitute with negative implications. Freedom of expression is protected under the law. It is stated in the constitution that freedom of expression is an essential right of a person that is useful. While, libel is not protected under the law since this constitutes malicious intent that may defame and harm others and against the constitution.
4. The Court of First Instance has jurisdiction over libel. The penalty is Prison Correccional and a fine ranging from 200 to 6,000 pesos. Under the RPC, it shall follow as well as the Prison Mayor with a maximum of 12 years improsonment.
5. In the case of Ogie Diaz, he was acquitted since one requisit to convict someone of being guilty of libel is absent. It was stated in the newspaper artice about a certain person Miss S whom they called using malicious and defamatory words, but the clear identity was not stated. Therefore, it rendered a decision of acquittal since Identifiability as the last requisite of libel is not present.
Kyle Kristian Jay Geromo
2020-11-12
Livina Petralba
Exam: quiz in constitutional law
Word count: 243
Email: petralbalivina@gmail.com
Class: JD-1
Teacher: Judge Ric Bastasa
1. Cyber libel is an unlawful act committed through internet or any similar means that has the requisites of libel which are defamatory, malicious, made on public and has an identifiable victim. Libel and cyber libel can be distinguished through its commission, libel is committed through merely in writing, printing, lithography, engraving, radio broadcast, or any similar means, while cyberlibel is committed through the use of internet or a computer system.
2. The two important jurisrudence in libel are absolute privileged and qualified privileged.
3. Freedom of expression is stating opinions, informations and ideas without pubic authority. It became libelous when the use of freedom of expression has already defamed someone on public. Freedom of expression is pprotected sice it needs an individul to express his opinion. While libel is unprotected since it abuses someone's life and its privacy.
4. The Regional Trial Court is chosen to action for libel. The penalty for a libel case as stated in the Revised Penal Code is prision correcional to prision mayor. And on cyber libel as a special law, the penalty is also prision mayor and reclusion temporal up to its maximum damaged incurred.
5. In the case of Ogie Diaz, he was acquitted libel because of the defamatory article which he used the codename "Miss S" which was publicized by the former where libeous statements. That in Art. 355 of RPPC, any statement in means of writing and is defammatory is considered as libel.
Livina Petralba
2020-11-12
lovelle naquila
Exam: quiz in constitutional law
Word count: 382
Writing time: 62 minutes
Email: lovellenaquila@gmail.com
Class: JD 1
Teacher: Judge Ric Bastasa
1. Cyber Libel- is the intentional infringement of another person`s right to his good name through the internet medium.
In the Revised Penal Code cyber libel, when committed through information and communication technologies, libel becomes cyber libel, which carries with it a higher penalty by one degree.
2 Good intention adn justifiable motive are the two important jurisprudence on libel refer to the case of Tulfo and the case of Borjal.
3. As one of the Bill of Rights is the freedom of expression. But in Libel it refers to a specific facts that can be proved untrue. A true statement that damages someone`s reputation is not libel. Libel laws are meant to monetarily compensate people for damage to their reputations- not to punish people who make false statements. So we have to make sure that in exercising our bill of right specifically the freedom of expression, we need to make sure that it must not be defamatory, it must not be malicious,
4. The action may be filed in the Regional Trial Court of the province or city where the libelous article is printed and first published or where any of the offended parties actually resides at the time of the commission of the offense.
Libel under the Revised Penal Code is punished with prison correccional in its minimum period, which is from 6 months and one day to 2 years and 4 months and medium period, whis from 2 years, 4 months and one day to 4 years and two months; or a fine ranging from P 200 to P 6,000 or both.
Act No. 336 provides for a 12 year prescription perion for offenses under special laws that are punishable by more than 6 years imprisonment.
5.In the case of Ogie Diaz, he was acquitted of libel for the reason that according to law there are four requisites of libel a. it must be defamatory, b. it must be malicious, c. it must be given publicity and d. the victim must be identifiable. In this case the libelous article , while referring to "Miss S", does not give a sufficient description or other indications which identify "Miss S." In short, the article fails to show that "Miss S" and Florinda Bagay are one and the same person.
lovelle naquila
2020-11-12
Marie Beth Revilla
Exam: quiz in constitutional law
Word count: 291
Writing time: 64 minutes
Email: mariebeth.revilla@gmai.com
Class: Constitutional Law 1
Teacher: Judge Ric Bastasa
Marie Beth D. Revilla
1.) Cyber Libel- Is intentional infringement of another person through the internet.
Libel in the RPC is libel committed by public and malicious imputation of a crime to cause dishonor or discredit upon a person by means of writing, printing, lithography etc. or to blacken the memory of one who is dead.
2.) The two important jurisprudence on the libel cases are in the Tulfo case the Absolute privilege was stated upon the ruling but it is not applicable to him because he does not have parliamentary immunity because he is not a member of the legislative body, while on the other hand on the case of Borjal it was stated on the ruling on him as qualifiedly privileged because he acted in good faith upon his fair and true report in the publication on their news paper.
3.) Freedom of expression enables us to express our thoughts and ideas/opinions and it is protected as long as it does not harm or defamate and morally dishonor another which is considered libel which will not be protected.
4.) The court of first instance are the regional trial court. The penalty for libel under the Revised penal code shall be by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6000 pesos and a maximum prison mayor of 12 years.
5.)Ogie Diaz was acquitted of libel because of an article written by him talking about a certain Miss S and her promiscuity, although the other 3 requisites were present on the statement publicized identifiability was not present in the act that it actually referring to the petitioner Florinda Bagay as "Miss S" hence why he was acquitted.
Marie Beth Revilla
2020-11-12
Marietta Rael
Exam: quiz in constitutional law
Word count: 476
Writing time: 61 minutes
Email: ursomarietta@yahoo.com
Class: Constitutional Law 1
Teacher: Judge Ric Bastasa
1. Cyber Libel an intentional infringement on a right or privilege of a person to his good name, destroying his/her reputation through the internet medium of communication. Libel on the hand is an allegation of discreditable act is presumed malicious.It is a published false statement that is damaging to a person's reputation may it be written or in any siilaar means(tv,radio,media, painting and printing for example) as long as it is done publicly or heard by a third person.
2. a. The Supreme Court did not impose prison time yet increased and more than doubled the damages on broadcast journalist Raffy Tulfo. It imposed damages and only a subsidiary imprisonment in case of insolvency.
b.) The Court's precedents upholding the standard of actual malice with that statement regarding a public figure if true is not libelous.The provision itself allows its leeway accepting as a defense in good intention and good motive.
3. a. )Freedom of expression refers to an individual who particularly express his/her belief,ideas,opinions, emotions about different issues without interference by public authority.
b.) Privileged Communication Rule applies the Constitutional Rights of Expression and Freedom of Rules. There are two types of Privileged Communication Rule 1.) Absolute Privileged Communication are those which are not actionable even the author has acted in bad faith. Just for example, any members from the Congress (House of Representative and the Senators) they are exempted of criminal liability in libel attesting that it is in the performance of their duties in order for them to be effectively perform their legislative duty. Another example are the Lawyers, they are exempted of being sued by lible as long as it is related to work and for practical reason to effectively defend their clients (2.) Relative /Qualified Privileged Communication containing defamatory accusations are not actionable unless malice must be prove,if there are no such malice proven, a person may be exempted of libel. Lke the media men, if they are exercising a fair reporting, in the performance of his function and without malice and intention therefore they are no criminal liability.
4. a. )The action may be filed in the Regional Court of the province or city where any offended parties actually resides at the time of the commission of the offense.
b.)Under the law, Libel shall be penalized by Prision Correcional, 6 months, 1 day to 6 years or a fine of p200- 6,000 or both, in addition to the civil action may be brought by the offended party.
5. He was acquitted of libel for the lack of merit.The said victim One of the requisites in order the imputation to be libelous is victim must be identifiable,in this case the said victim "Miss S" and Florinda Bagay fails to show that they are one and same person therefore it was dismissed.
Marietta Rael
2020-11-12
Mary Choleene Bautista
Exam: quiz in constitutional law
Word count: 389
Writing time: 32 minutes
Email: leenebautista98@gmail.com
Class: Consti 1
Teacher: Judge Ric Bastasa
1. Cyber Liber happens when a person or persons committed defamation or slander against another, usually through the internet. However, libel in the Revised Penal Code is also defamation or slander by a person or persons against another but throught writings or other similar means which is not committed through the internet.
2. In the Tulfo Case happened when Tulfo had posted Facebook posts stating that some employees of RSC were being maltreated by the owner and that they were allegedly being forced to sniff shabu before reporting to work which is cyber libel because the elements of Libel are present. In the case of Borjal, however refers to freedom of expression. In his Article, he had stated activities that an unnamed organization was doing and he had expressed his opinions regarding the seminars that such organization had conducted. In such case there was no defamation against the organization happened.
3. Freedom of expression is when a person or persons expresses their beliefs, ideas or emations without injuring anyone in the process. For it to be libelous the following requisites must be present: a. it must be defamatory b. it must be done maliciously; c. it must be in public; and d. the victim can be indentified through the statements mentioned. In Libel, malice is present, the person who committed such crime has the intention of injuring the other person's reputation.
4. The court who has jurisdiction over Liber cases are the Regional Trial Courts. The Revised Penal Code had provided that a person who committed the crime of libel shall be punished by prision correccional in its minimum to medium periods and with a fine from 200 pesos to 6,000 pesos. The Special Law on Cyber Libel had provided that a person who commits such crime will be punishable with the punishment imposed before the RPC crime of Liber.
5. In the case of Ogie Diaz, he was acquitted because one of the elements of libel was absent, which is that the person mentioned before such crime should be identifiable. In this case, it was not sufficiently proved that the person mentioned in the Article that Mr. Diaz had published and Ms. Bagay are one and the same person. If such person is not identifiable then Ms. Bagay could have not been the person defamed in the Article.
Mary Choleene Bautista
2020-11-12
Mary Rovytte Banas
Exam: quiz in constitutional law
Word count: 457
Writing time: 77 minutes
Email: maryrovytte.b@gmail.com
Class: Constitutional Law
Teacher: Judge Ric S. Bastasa
1.
A. Cyber Libel is the commission of unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code but committed through a computer system or any other similar means.
B.Libel under the Revised Penal Code and Cyber Libel are committed in the same manner but differs to its medium used in the commission of the unlawful acts. The former is committed through publication in a written material while the latter is committed through the use of a computer system or a device.
2.
In the case of Tulfo, the court ruled that the exercise of freedom of expression and its concordant assurance of commentary on public affairs and public figures, certainly qualify as "justifiable motive", if not "good interntion".
In the case of Borjal, the court ruled that publications which are privileged for reasons of public policy are protected by the consitutional guaranty of freedom of speech. This constitution right cannot be abolished by the mere failure of the legislature to give it express recognition in the statute punishing libels.
3. Freedom of expression under the Constitution is available only insofar as it is exercised for the discussion of matters affecting the public interest and not on purely private matters. In libel however, are committed by publishing or circulating defamatory statement basing purely on private matters resulted to an invasion of privacy over an individual and this act being unlawful, is not protected under the Constitution.
4. As a rule, Libel cases, whether criminal or civil, are within the jurisdiction of the Regional Trial Court even if the penaty is within the jurisdiction of the Municipal Trial Courts.
Libel under the Revised Penal Code is punished with prision correccional in its minimum and medium preiods or a fine ranging from two hundred pesos to six thousand pesos or both while in cyber law is punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos but not exceeding two hundred fifty thousand pesos or both.
5. In the case of Ogie Diaz he was acquitted of libel as the elements constituting of the act are not all present.
The elements of libel is as follows:
1. it must be defamatory;
2. it must be malicious;
3. it must be given publicity; and
4. the victim must be indentiable.
In the present case, among the elements stated the last element was not present. The victim identified from the content of the libelous article was referred only as "Miss S" of which does not give a sufficient description or other indication that would indentify "Miss S". Thus, failing to show that "Miss S" and Florida Bagay are one and the same person resulted to an acquittal of libel.
Mary Rovytte Banas
2020-11-12
Meg Dianne Paler
Exam: quiz in constitutional law
Word count: 314
Writing time: 56 minutes
Email: megdianne@yahoo.com
Class: Consati 1
Teacher: Judge Ric Bastasa
1. Cyber libel is the use of internet in embarassing someone's reputation which causes damages.
On the other hand, libel as defined in RPC, under Art 355, it is by means of writing or similar modes can be committed either by print / audio or visuals. These includes written articles, reports, radio announcements and comments , paintings and exhibits.
these has 4 requisites, it must be defamatory, malicious, given publicly and the victim is identifiable.
2. In the case of Tulfo, as a public figure, his excercise of press freedom must be done in good faith and without malice, which Tulfo failed to comply.
Tulfo,as a journalist must not misinform the public and must verify his facts first. And furthermore, articles should not be defamatory in nature.
In addition, Tulfo identified the vicitm which is a public figure, hence in Tulfo's case, all requisites are present.
While in the case of Borjal, he is a private person and his acts was not malicious and done in good faith. Moreover, Borjal was not able to identify the victim with his allegations on the anomalies of the organizer.
3 .Freedom of expression is the right to express your opinion and to impart knowledge or ideas without defaming or abusing other person.
One limitation of Freedom of expression relates to libel, slander, oral defamation and the like wherein offensive statements or illustrations, defaming words is not protected by our right.
4. Under RPC, the Regional Trial Court is assigned to try both the libel and cyber libel cases.
Libel is punishable with priosn correccional from min of 6 months up to 4 years.
5. In the case of Ogie Diaz, he was acquitted of the libel case due to the 4th element where in the vicitm is not identifiable.
Under the law, if there is a missing element of the requsites of libel, the case will not propser.
Meg Dianne Paler
2020-11-12
Nicefel Villomo
Exam: quiz in constitutional law
Word count: 405
Writing time: 73 minutes
Email: Nicefelvillomo@yahoo.com
Class: Constitutional Law
Teacher: Judge Ric Bastasa
1. Cyber Libel
-it is an intentional infringement of another persons name through the use of internet medium.
Libel in Revised Penal Code and Cyber Libel
-is a public imputation of crime, or of a vice, or defect, real or imaginary, or any act or omission, condition, status,or circumstance tending to cause the disonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead while in cyber libel it is the use of internet it could be visible to all social medias like tabloids as well as magazines. An unpriviledged false statement of fact which tends to harm the reputation of a person or a company.
2. The two important jurisprudence on libel are:
Absolutely priviledge (parliamentary immunity, A6S11 Consti)
Qualifiedly priviledge ( private communication and/or fair and true report, A354 RPC)
According to the case of Borjal since he is a publisher in PHILSTAR Absolute priviledge is not applied since he acted in good faith while the libelous article has been printed, therefore Qualifiedly priviledge must apply.
In case of tulfo it was discuss that the absolute priviledge did not apply for parliamentary immunity since he is working as a broadcaster for a private sectors in the government.Therefore Absolute Priviledge is applied.
3.Freedom of Expression
-it gives you the right to hold your own opinions and to express them freely without interference while libel published false statement that is damaging to a person's reputation.
Protected are those that are rights and your privacy that are being protected as our human rights wherein we have the freedom of speech, freedom of religion, the right to keep bear arms, the freedom to assembly and the freedom to petition. It prohibits unreasonable search and seizure, cruel and unsual punishment and compelled self incrimination.
Not protected are:
-libelous to cause moral damages
-it must be defamatory
-it must be malicious
-it must be given publicity
4. The Court Of First Instance or Regional Trial Court.
The penalty for Libel under Revised Penal Code is Prison Correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos and Prison Mayor with maximum of imprisonment of twelve years.
5. Ogie Diaz was acquitted of libel since the requisites is not complete un identifiability is not present in the case of ogie. They failed to give a sufficient description on the published newspaper article.
Nicefel Villomo
2020-11-12
Raul Ronnel Barbosa
Exam: quiz in constitutional law
Word count: 256
Writing time: 48 minutes
Email: barbosaraul21@gmail.com
Class: Constitutional Law 1
Teacher: Ric Bastasa
1.Cyber libel is the intentional attack on person's good name or character through usage of the internet. Libel, according to the RPC, is a public and malicious imputation of a crime, or f a vice, or defect, real or imaginary, or any act, ommission, condition, status, or circumstance that will dishonor or discredit a person. Cyber libel happens when a person usues the internet to dishonor or discredit another person.
2.
3. Every person has the right to express himself; making defamatory statements is an exsercise of the right express one's self. However libelous statements against another person violates that person's right to not have his reputation tarnished. What is protected is the right for people to express themeselves, but the moment the right of another person violates the rights of anoter( in this case, his reputation) that is when it is punished.
4. The |Court of first instance of the province or city where the libelous statements or article has been made or published. The penalty for libel is prission correccional or a fine, and civil action which may be brought by the offended person.
5. In the case of Ogie Diaz, the Supreme Court used the requisites of the crime of libel which are: a.) it must be defamatory, b.) malicious, c.) publicity, and d.) the victim is identifiable (these elements must be present). The SC held that: even though the first three elements were present in the case, the last element was not. Therefore, Ogie Diaz was acquitted.
Raul Ronnel Barbosa
2020-11-12
Raymund Morgia
Exam: quiz in constitutional law
Word count: 263
Writing time: 44 minutes
Email: morgiaraymund@gmail.com
Class: Constitutional Law 1
Teacher: Ric Bastasa
1. Libel is a public and malicious imputation of a crime that causes dishonor, discredit, or contempt of a natural or judicial person. While cyber libel is just like libel but the act was commited through online or in the cyber community.
2.
3.Freedom of expression is our constitutional right to express ourselves and through this some of us will go beyond and commit libel, for our constitutional rights are not absolute. Freedom of expression is protected because it is ensured by our constitution for us to enjoy and express our selves while libel is not protected for it causes harm to others reputation and honor.
4. The court that handles cases of libel is the trial courts. The penalty of libel under the Revised Penal Code is prision correcctional in its minimum and medium period or a fine of 200 to 6000 pesos , or both. and the penalty of the liber under the special law is prision correcctional in its maximum period to prision mayor in its minimum period or a fine of 6000 pesos upto the maximumm ammount determined by court , or both.
5. In the case of Ogie Diaz, he was acquitted of the charge of libel because the prosecution has failed to prove one of the requisite of libel and that is the identity of the person defamed. And will hinder the case to prosper for the idedntity of the person defamed must be confirmed to be Florinda Bagay to enable the case to prosper. Thus the indentity of the defamed person must be complied with.
Raymund Morgia
2020-11-12
Vanessa Mawile
Exam: quiz in constitutional law
Word count: 348
Writing time: 68 minutes
Email: vanessamawile04@gmail.com
Class: Constitutional Law 1
Teacher: Judge Ric S. Bastasa
1. Cyber libel refers to the intentional infringement of another persons' good name through the internet medium or the cyberspace. Libel in RPC is a public and malicious imputation of a crime or any act of omission to cause dishonor or dicredit to a natural or juridical person committed by means of writing, printing, painting, radio and phonograph. However, cyberlibel is defamation committed by means of cyperspace i.e. facebook or any social media.
2. The two important jurisprudence on libel are absolute privileged communications and qualifiedly privileged communications. In the Tulfo case,the absolute privileged was discussed and proven to be not applicable since Tulfo is not entitled of parliamentary privilege because he is a broadcaster and not a member of the congress as provided in the constitution. On the other hand, in the case of Borjal qualified privilege was applied in the ruling since Borjal acted in good faith when the libelous article was printed. Borjal has not violated the right to enjoy a good name nor abused his press freedom.
3. Freedom of expression enables you to express beliefs, thoughts, ideas and emotions about diferent issues freely, being protected by the constitution. However, a libel is a published false statement damaging to person's reputation and is not protected by the constitution.
4. The Court of First Instance or Regional Trial Court has jurisdiction over libel. The penalty for libel under the RPC is prison correccional in its minimum and medium periods or a fine of Php 200 to Php 6,000, or both; and prison mayor with a maximum imprisonment of 12 years.
5.Ogie Diaz was acquitted of libel because there was one lacking requisite of libel. Requisites of libel are: (1) it must be defamatory; (2) it must be malicious; (3) it must be given publicity; and (4) the victim must be identifiable. In the case at bar, the article fails to show that "Miss S" and Florinda Bagay are one and the same person. The article does not give a sufficient description to identify Miss S. Thus, a case for libel did not prosper.
Vanessa Mawile
2020-11-12
Yasser Nasser Galvez
Exam: quiz in constitutional law
Word count: 515
Writing time: 51 minutes
Email: engrgalvez92@gmail.com
Class: JD-1 Consti Law 1
Teacher: Judge Ric Bastasa
1. Cyber libel is the same offense as libel except for the medium of its commission which is thru a computer system or device. The difference of libel in the RPC from that of cyber libel is that the former is generally libel committed in print and broadcast with a lesser reach of an audience while the latter is thru cyberspace, with which the imputations' spreading is instantaneous.
2. In the case of Tulfo, the Court underscored the importance of journalists in a democracy, being sentinels who keep watch over the actions of the government, their work is held to a higher standard more than ever and they should always adhere to their own code of ethics in upholding the truth against the recklessness in social media.
In the case of Borjal, on the other hand, the Court ruled that fair commentaries on matters of public interest, forming part of a qualifiedly privileged communications, is not actionable unless found to have been made without good intention and/or justifiable motive. Fair commentaries constitute a valid defense in an action for libel or slander.
Lastly, the former is perpetuated in the cyberspace while the latter is not (i.e., print media).
3. Freedom of expression, as a fundamental right enshrined in the Constitution cannot be trampled upon vis-a-vis the commision of libel. The exercise of free expression certainly qualifies as a "justifiable motive" if not "good intention" with regards to comments made on public affairs and public figures.A statement regarding public figures, if true, are not libelous. Statements made not considered to be with "justifiable motive" or with "good intention" can be libelous.
4. The Court which shall have jurisdiction of libel is the Regional Trial Courts where the imputation has been printed or published. In case of a private individual, jurisdiction is limited to only either of two places namely: his place of residence at the time of the commision of the offense or the place where the alleged defamatory article was printed and first published.
The penalty for libel under the RPC is prision correccional in its minimum period, which is from six months and one day to two years and four months and medium period, which is from two years, four months and one day to four years and two months; or a fine ranging from P200 to P6,000 or both.
Cybelibel, on the other hand, is penalized one degree higher than ordinary libel. It is prision mayor in its minimum period, from six years and one day to eight years and medium period, from eight years and one day to ten years.
5. Ogie Diaz was acquitted of the crime of libel due to lack of one of the essential elements qualifying such crime which is the identification of the victim. The libelous article he wrote, while referring to "Miss S." does not give sufficient description or other indications which identify "Miss S." The Court did not find that Ms. Bagay could have been the person defamed therein. Absent such comliance, the case for libel have been dismissed.
Yasser Nasser Galvez
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