Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Online libel and unjust vexation - statute of limitations

2 posters

Go down  Message [Page 1 of 1]

nosen


Arresto Menor

What is the statute of limitations for online libel and unjust vexation?

How is malicious intent established for online libel? Can anyone give concrete examples that they have used in court?

Jadis

Jadis
Reclusion Perpetua

Libel must be filed within a year from publication.

Unjust vexation prescribes in two months.

Article 354 of the Revised Penal Code provides:

“Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:

1. A private communication made by any person to another in the performance of any legal, moral or social duty; and

2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions.”

There is a presumption of malice.

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum