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Free Legal Advice Philippines » CHAT » ACADEMIC DISCUSSIONS » Jurisdiction in a Libel Case (Bonifacio vs. RTC of Makati branch 149)

Jurisdiction in a Libel Case (Bonifacio vs. RTC of Makati branch 149)

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camillebartolo


Arresto Menor

Can anyone please help me. If you could just please help me understand this case GR 184800. And can anyone please explain this statement to me "At any rate, the private complainant has the option to file the case in his/her place of residence, which will not necessitate finding out exactly where the libelous matter was printed and first published."
THANK YOU

tsi ming choi


Reclusion Perpetua

Libel case is a criminal case, thus, it MUST be filed at the place where that libelous remarks was uttered OR first heard/read/published. This is a question of jurisdiction, and as we all know, in criminal law that venue is jurisdictional. It is the place where the crime was committed determines the jurisdiction.

However, the above case is the exception on the ruling of the jurisdiction, wherein, in libel cases, the venue, in filing the case MAY AT THE OPTION, of the complainant be filed at the place where he/she resides and not necessarily where that libelous remarks was printed or first published.

rlouron


Arresto Menor

In my own opinion, the case was dismissed due to lack of law punishing internet libel that time(RPC only talks about libel with definite place of publication or residence). Before the Cybercrime Prevention Act of 2012, the internet libel on the said case cannot be decided in terms of their jurisdiction because the place of publication cannot be determined where; which is tantamount to the venue of the case.

If there is anybody who can further clarify this confusion, please speak up.

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Free Legal Advice Philippines » CHAT » ACADEMIC DISCUSSIONS » Jurisdiction in a Libel Case (Bonifacio vs. RTC of Makati branch 149)

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