Protection of Moral Fiber

Protection of Moral Fiber

“Libel is a basis of the protection of our character, because the pain of losing character will linger forever”, a untainted statement by a certain honorable Attorney of the Political Science Department College of Liberal Arts on his forum given to selected Mass Communication students of the University of Baguio, Baguio City all in regard to the discussions of the subject matter, the broad-spectrum of Law of Libel.

     In a present government in the Philippines, before a law becomes a law, it will first undergo certain authentication and approval by the court and finally the passing as an official rule and law for the country. Such instances were the two bills amended by two honorable senators during the 2004 senate. These bills tend to support and give fair justice to the implementation of Libel in the Philippines thus, to consider government people to be treated and punished equally. Senators Alfredo Lim and Sergio Osmena III passed the bills # 368 and # 1724 respectively, in relevance to the handling of the Law of Libel in the Philippines, affectivity and implementation guidelines. In Senator Lim’s, Bill # 1724, the exceptions of the Imprisonment penalty to the press and media people should be terminated and should not be in effect no more, thus media is also an authority. Though, these bills were not yet laws and in effect in the present status of the government. This was the mean of the forum, to be aware of informative know-hows of this Law.

In Section 4 Article 3 Revised Penal Code of the 1987 Constitution, Law of Libel is formally written and is mainly relevant to the consideration of the freedom of expression of the people and the press. In a more focus understanding, libel is a personal attack against another characters dignity, reputation, credibility and status. In correlation to the law, the Crime of Defamation is to publication of any issue or matter without prohibition in such a way that it will affect others dignity and character or simply to defamed one personality. Other similar means of defamation is orally and is referred to as the Oral Defamation Law.

Visible in Article 353 and Article 355, the discussion on what and how is Libel considered as committed to another person or entity. Primarily, there are many means to commit Libel; such were in writing, publication, radio, theatrical exhibits, cinematographical exhibits, phonograph, and lithograph. Proving a person to commit libel encompasses certain important elements. These should be always considered and regarded. Sequentially, first (1) Imputation, the presence of accusation, charge or assertion to the primary person. It maybe defined into three acts; as a crime, as a vice or defect, and as a real or imaginary act, omission, status or circumstance and condition. Second (2) Malice or being malicious is the intention to cost harm or injury. In the Philippines, the court considered and presumed malicious in two aspects, the privileged communication, and the Doctrine of fair comment. Third (3) Public, if it was made and executed in public. Fourth (4) Victim, the presence of a subject, objects, or offended party whether a natural or juridical person. Lastly (5) Dishonor, to cost dishonor or discredit or contempt of the person defamed. Defamation is either a crime which needs to be proven in court, or a non crime which has no chance to be proven. The occurrence of these factors will lead to the completion and charge of Libel. If a person is finally proven as the catalyst of the crime, chastisements will traditionally follow, following the due process of law. Encompasses the punishments are Imprisonment from months to years and Fine amount which will be dealt accordingly.

This law is accurately complicated yet embodied with simple structures and compositions. Broad analysis is always dependent to consider and presume a person committed Libel or any other accusations performed under the due process. Truly, as Atty. Ayson’s unadulterated avowal, your character is the basis of the people for you to earn respect and reverence from them socially and mentally. It’s easy to have it, but in a viable world, you can sometime unconsciously lose it.