Libel case

can we file any case against that woman?because my mother is not here ryt now in manila and we decided not to tell her about this thing,do u know any case that we can file to that woman?for being a mistress??w/o my father be involved w/ the case??

ASKING CONCERN:
Good day sir/madam, a member of a family has written accusations mentioning my name on a networking site, other comments from her side was more on "PANANAKOT".saying that they will, kill me. even if it is in a joke way... the person who wrote is on abroad, can i still file against the PERSON WHO WRITES IT AND THE PERSONS WHO JOIN THE CONVERSATION..? I HAVE A COPY OF SCREEN SHOTS OF ALL THE NOTE... WHAT IS MY FIRST LEGAL MOVE TO DO? ADVICE PLS..

akosileizel wrote:can we file any case against that woman?because my mother is not here ryt now in manila and we decided not to tell her about this thing,do u know any case that we can file to that woman?for being a mistress??w/o my father be involved w/ the case??

only your mother can file a case against them.

I think nope.. there is no internet libel in the philippines yet. good example is the case between Dra. Belo and Atty Guevarra. Just an opinion from an ordinary person.

Ako po ay simplengtao na walangkamalay-malay na naka post na po sa Facebook ang aking mukha at kung ano ano ang sinasabi sa aking pagkatao. Nabasa ko po ito sa account ng aking pamangkin at na isave ko po ito sa usb at computer. iniyakan ko po ito nung mabasa ko, dahil ang gumawa nito ay hipag ko. Babalewalain ko na po sana kc iniisip ko kilala ko ang sarili at kilala ako ng mga tao sa aming lugar kung anong klaseng tao ako. Kaso po nakatanggap ako ng sumon sa baranggay ng paninirang puri ko daw sa kanya at ako pa ang naninira ngayon, nung magharap kami sabi ko ilabas mo ang ibedensya mo na siniraang puri kita, kanino, kailan at saan. Pero nagdadadakdak po sya doon na sa korte na lang daw nya ilalabas ang ibedensya. ayaw daw nila makipag areglo pwede po ba yung ganon na mag-akusa nalang sa baranggay tapos di sila maglabas ng ibedensya dahil sila ang complainant. parang harasment po ang ginagawa nila sa akin. Ngayon gusto ko na po syang patulan at sampahan ng kasong libel sa ginawa nya sa akin sa Facebook. Sana po ma advisan nyo po ako kung ano dapat kong gawin.

Asking Concern regarding:

A libel suit is charged against me and my friend. This is how things happen: i forgot to logout my facebook account on a friend's cp.. let's call her (Miss B)Then 2-3 weeks after me and my friend received a brgy blotter.. mentioned there Miss B claimed "paninirang puri sa fb"... after she read our private messages she charged us of libel because we talked about her.

Question: can we be liable of the charges? knowing she read first our personal conversations without my consent? another is can we file a counter charge against her claiming "invasion of privacy"?

in my opinion, you should argue that those messages are inadmissible because they were acquired through an invasion of the right of privacy of communication

Thanks for the reply sir/mam, another concern is: Can we file a counter charge against her for her intrusion on a private conversation without permission? when and how? thanks

sir,
advice lang po, pwede po ba kaming kasuhan ng manager namin dahil sa pag report po namin na may ginagawang iba ang kausap nya sa skype sa mismong opisina, kami ang nag reklamo, apat po kaming nakakita at ibat ibang araw, at ngayon mag sasampa raw sya ng libel case against sa aming apat, di pa po this a company case, dahil sa hindi namin nagustuhan ang aming nakita at nireport po namin ito sa kinauukulan libel case po ba ito laban sa amin salamat po

adrenalinerush wrote:Thanks for the reply sir/mam, another concern is: Can we file a counter charge against her for her intrusion on a private conversation without permission? when and how? thanks

You can't file a counter charge because the cybercrime will be involve in an investigation! NBI can prove that you were talking about her even you deleted the messages already, they have way to retrieve the original conversation! All you have to do is defence as what AttyLLL said, just argue that those messages are inadmissible because it is invading your communication in privacy. Be contented to just defend your side.

Hi,

I have a labor case against my former employer. Modesty aside, I believe I have a 99% chance to win the labor case.

But my former employer was able to acquire screenshots of my posts about them in a secret group in Facebook. Plus some reviews that I posted about them in Glassdoor. There was also a time that I posted my experience with them in the comments section of Manila Bulletin when an article about them was featured. The comments section was hosted by Disqus.

In our last mediation at the NLRC, the lawyer of my former employer told me that they will not give in to my monetary demands. All they can offer is, they will not pursue a libel case against me if I 1) withdraw my labor case against them, 2) Take down all my posts about them. 3) Apologize publicly..

By the way, Glassdoor is a website about companies and current and former employees are free to write Testimonials about them. Disqus is website that features articles and there is a comment section also.

My question is, can they really sue me for libel if my posts are in a secret group in Facebook which means it is not open publicly? Can they also sue me for putting comments or testimonials in websites that engage in to comments about the subject?

Hoping for your feedback. Thanks!

is libel and oral defamation the same? if the case is verbally said ,what is the right term?

libel

Sa ilalim ng Artikulo 353 ng Binagong Kodigo Penal ng Pilipinas, ang libelo ay isang pampublikong at malisyosong bintang ng isang krimen, tunay o haka-haka, o anumang pagkilos, pagkukulang, kalagayan, katayuan o kalagayan na ang hangarin ay siraan o maging sanhi ng kasiraang-puri o paghamak ng isang tao. Kaya, ang mga elemento ng libelo ay ang:

1. pagbibintang ng isang kahiya-hiya gawa o kalagayan sa iba.
2. paglalathala ng mga bintang.
3. pagkakakilanlan ng taong defamed.
4. ang pagkakaroon ng masamang hangarin.

Sino-sino ang pwedeng kasuhan ng libelo:

Ang sinumang tao na mag published, eksibit, o maging sanhi ng mga eksibisyon ng anumang paninira sa pamamagitan ng sulat o o kahalintulad ng ibig sabihin nito ay magiging responsable . Ang may-akda o editor ng isang libro o pamplet, o mga editor o may ari ng isang pang-araw araw na pahayagan magasin, o publikasyon, ay magiging responsable para sa defamations nakapaloob kung siya ay ang mga may-akda nito.
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ANG SLANDER AY PANINIRANG PURI SA SALITA O KILOS NA WALANG KATOTOHANAN NA NAKAKASIRA SA REPUTASYON AT KARAKTER NG ISANG TAO NA MAY PARUSANG KULONG UNDER ARTICLE 358 NG REVISED PENAL CODE. ANG SLANDER AY MAY DALAWANG KLASE, SIMPLE SLANDER NA MAY MABABANG PARUSA AT GRAVE SLANDER NA MAY MATAAS NA PARUSA.

Grave Slander at Salnder by Deed. Ang "Slander" o "Oral Defamation ay isang sinungaling o walang katotohanan na paninira na ipinahayag mula sa salita o kilos na nakakasira sa isang reputasyon o karakter ng isang tao. Ito ay pinaparusahan ng kulong at isang krimen under Article 358 ng Revised Penal Code:

ART. 358. Slander. - Oral defamation shall be punished by arresto mayor (1 month and 1 day to 6 months) in its maximum period to pricion correctional (6 months and 1 day to 6 years) in its minimum period if it is of a serious and insulting nature; otherwise, the penalty shall be arresto menor (1 day to 30 days) or a fine not exceeding 200 pesos.”

Ang krimen na Slander ay may dalawang klase, ang Simple Slander na may mababang parusa dahil ito ay isang light felony lamang at Grave Slander na may mataas na parusa. Ayon sa Supreme Court case na Villanueva v. People [521 Phil. 191 (2006)]., oral defamation or slander is the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood. It is grave slander when it is of a serious and insulting nature.

I am to imminently file for libel against two individuals, a husband and wife, and I shall also be filing against her for posting my full name on fb, she learned my personal information when she worked as a real estate agent thus has breached the data privacy act of 2012.

Now I have endured 6 months (I have 4+ months of screenshots) where these people have repeatedly named me as a thief, that my business is failing, that I have been caught red handed committing crime(s), that the police have found stolen properties on my person or in my possession etc. ... All of these and more are lies.

Besides libel is there a further case I can file such as "psychological violence" and this may be interpreted as, and certainly feels like, bullying, it has impacted upon me personally, my business is suffering as a result of these lies circulating about me.

Before me these people also did similar to friends of mine over a two year period so much so that my friends sold up and emigrated, no sooner had my friends left than these people turned their attentions on me.

As they say "I want to throw the book" at these people so any additional case(s) I may be able to file against them would be greatly appreciated.

Thanks

Hi, i want to clarify if i can file a libel case against one of my colleague.
she posted in one of the facebook group named team tristan " News for the day! Vergel terminated" this is unacceptable because this is a public and malicious imputation of the crime and it caused me stress and I lost my reputation.

Our higher operation managers been silent about the issue because i still have to undergo hearings about the case but she spread the issue online.
I have my screen shot of what she posted
Thank you