Best Posts in Thread: Defamation in the Philippines

And more guns. :(

 

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.

 

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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if we are not going to express opinions here then why are we here? not challenging your comments, just wonder where this might lead? going to ask my friend attorney nathan for an opinion about this. certainly if you are correct it would protect the ruling class from any criticism right? so i guess freedom of speech is not part of the democracy here? if we can't complain there is nothing left but girls and booze. wait, maybe thats not so bad?

 

I read this one again today, “ he who laughs last, laughs best”.

 

Oftentimes people just move on with their lives because of the need to put food on the table.