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Defamation in the Philippines

Discussion in 'Dumaguete City' started by Notmyrealname, Sep 25, 2020.

  1. OP
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    Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    Bad spelling or typo as you sat with your drink in hand? Dry gin.
     
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  2. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    Is there a link to case law on this one? (I clicked the link but I don't see any legal opinions cited.) If this is the case then those of us on tourist visas, as opposed to marriage/quota visas, are at a significant advantage when it comes to freedom of speech.

    From the link:
    Can you define "corporation" under Philippine law. In the US churches are technically "corporations" but businesses under a sole proprietorship would not qualify as a corporation. Are public figures/politicians/political speech held to a lessor standard/higher burden of proof than the rest of the population as it is in the US under Philippine law?

    Also, I have read many sources and rulings that state that the truth is generally NOT a defense against defamation here. Any case law stating the opposite would be greatly appreciated. A Supreme Court ruling stating that the truth is a defense would definitely change my thoughts and opinions on the subject on this forum. If you have these sources please post them. I would really love to change my stance on this topic if the evidence and legitimate/authoritative opinions back these claims.
     
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  3. djfinn6230

    djfinn6230 DI Senior Member

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    [​IMG]

    Art. 361 of Act 3815 covers this. It says that if it appears that matter charged as libelous is true,

    AND

    it was published with good motives AND for justifiable ends,

    The defendant shall be acquitted.

    It does seem that if one’s MOTIVE for complaining about bad treatment might be considered “good” if you convinced the court that you were trying to protect consumers in our community from bad treatment at an establishment; this “might” be considered both a good motive and, alerting consumers of possible bad treatment might be considered a justifiable end.

    There seems to be a reasonable case for acquittal.

    But it sure would be a pain to have to go to court and 1) Make sure it “appears” to the court that your accusation is truthful (the plaintiff might lie and it could be your word against his) and 2) show that you did it merely to warn consumers against sharing the same bad experience but not out of anger or revenge (even if the end was justifiable; both motive and ends must be good). Was there a bit of frustration or anger in the post?

    IMHO, I would prefer to fight more important battles in my remaining years than to fight perhaps a long court battle, enriching my attorneys along the way.


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  4. Toto

    Toto DI Senior Member

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    There is the presumption of malice in the law. So if it's established that you spoke the truth, they will then look to malice. If you make a statement with recognizable malice, tagging at the end you are just making people aware for the public good won't fly, as I think finn covered. Also, defamation can be brought by the fiscal, and not the person defamed, so I wonder if that is what is meant by Philippines courts cannot charge non-resident defendants with criminal defamation. There are expat vloggers bringing cases against other vloggers, and there are cases on record where expats defamed their ex wives, so it seems that cite may be too vague.
     
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  5. Philpots

    Philpots DI Senior Member Restricted Account

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    Philippine law is always a minefield.
     
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  6. ThatNewGuy

    ThatNewGuy DI Member

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    If this was illigal, why are we able to write comments on Lazada etc?
     
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  7. Always a Poppy

    Always a Poppy DI Senior Member Restricted Account

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    I imagine because they invite them.
     
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  8. Glendazumba

    Glendazumba DI Forum Adept

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    I think this happens a lot in this country---dissatisfied people voicing out their frustrations about services and a lot of other stuffs. If expressing one's dissatisfaction is a crime, then where is this country heading to? Services and products are improved when these companies or schools listen to the rants of their customers. It's called feedback, negative or good. This is the only way that we can better our lot in this so-called "developing country." And we need people who will speak their minds and not be intimidated by the higher ups or the powerful because they have more money. And anyway, the cost of going to court is extravagant----it costs a lot of time, money, effort, energy, stress, and more. Amicable settlement is preferred---companies that are in the service industry MUST LISTEN to what their customers or clients are saying. Going to court is one futile exercise and it will further give the disgruntled companies more bad raps.
     
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  9. OP
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    Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    And more guns. :(
     
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  10. Always a Poppy

    Always a Poppy DI Senior Member Restricted Account

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    Your sentiments and logic are absolutely correct. The problem here I believe is that there's this ingrained thing in Filipino nature that prevents them from complaining, so when a foreigner tries to make even constructive comments or complaints it's just pigeon-holed as a bolshie (UK slang) foreigner issue. I think for that reason progress will be like driving with the handbrake on.
     
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