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18-Oct-2017 23:13

Unfortunately, when I got in touch with the reporter (Ms.Nini Cabaero, who graciously replied to my email), she told me that she can no longer retrieve the details of the case.The fact that a communication is privileged does not mean that it is not actionable; the privileged character of the communication simply does away with the presumption of malice, and the plaintiff has to prove the fact of malice in such case.Philippine cases When this article was first posted, I tried to trace a criminal complaint that was filed in Lapu-lapu City in connection with an alleged libelous matter in an e-mail.Multiple libel cases – which stemmed from the allegedly libelous comments on PEP’s blog – were already filed in court.(We cannot, of course, comment on the merits because of the pendency of the case. ( The Manila Bulletin and The Philippine Star may be as popular, but the Inquirer is our personal favorite.

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Absolutely privileged communications is one wherein no liability, even if its author acted in bad faith.

This class includes statements made by members of Congress in the discharge of their functions as such, official communications made by public officers in the performance of their duties, and allegations or statements made by the parties or their counsel in their pleadings or motions or during the hearing of judicial proceedings, as well as the answers given by witnesses in reply to questions propounded to them, in the course of said proceedings, provided that said allegations or statements are relevant to the issues, and the answers are responsive or pertinent to the questions propounded to said witnesses.

According to a newspaper report [Sun Star Cebu – “Cabaero: e-Libel”], the complaint was dismissed by the investigating fiscal because “electronic evidence, like an e-mail, cannot be used for criminal action”.

I wanted to check the entire resolution of the fiscal just to see how an email could NOT be used in a criminal case for libel.

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



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