Satirical onions, carrots, opinions, fiction, and libels

Here are some pointers for wannabe authors of satire and fiction.  Often enough, bits and pieces of blogs are just that, so it pays to be informed. What is satire? Is it fair comment? Satire has been defined as the use of irony, sarcasm, or caustic wit to attack or expose folly, vice, or stupidity.  … Continue reading Satirical onions, carrots, opinions, fiction, and libels

Malice in libel – bar exam Q and A

It has been held that malice is the essence of the the crime of libel.  Important pointers follow. Define malice in a libel action. Malice connotes ill will or spite and speaks not in response to duty but merely to injure the reputation of the person defamed, and implies an intention to do ulterior and … Continue reading Malice in libel – bar exam Q and A

What is the penalty for libel? Is a preliminary investigation required?

It is imprisonment or fine, or both.  But the Supreme Court has suggested that courts should lean towards only imposing a fine, as explained by one law firm, Jaromay, Laurente, and Pamaos. Is a preliminary investigation required before an information is filed?  No. Under Rule 112, such investigation is required if the imposable penalty is … Continue reading What is the penalty for libel? Is a preliminary investigation required?

Bloggers and libel – the case of Ella and Dr. Cabral

Recently, a government official (former DSWD head, Dr. Esperanza Cabral) initiated proceedings to charge a blogger (Ella de los Santos, or simply Ella) with libel.  The NBI reportedly investigated the matter and sent a referral letter to government prosecutors. According to the news report of the Philippine Daily Inquirer, the NBI said in its referral … Continue reading Bloggers and libel – the case of Ella and Dr. Cabral