Dear PAO,

I have a friend who may be the subject of a libelous article in a newspaper. Although not directly naming him in the article, some aspects may allude to him as the subject. The story is not entirely about my friend’s life, but we strongly feel that he is the subject of the libelous article because his name sounds like the name used in the article. My friend’s name is Frederick, and the name used in the article is “Derick.” Can a libel case prosper against the author of the article?

Emily

Dear Emily,

Please be informed of the definition and elements of the crime of Libel as elucidated in the case of Leo A. Lastimosa vs. People of the Philippines, GR 233577, Dec. 5, 2022, penned by Associate Justice Alfredo Benjamin Caguioa viz.:

“Libel is defined as a ‘public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.’ ‘For an imputation to be libelous, the following requisites must concur: a) it must be defamatory; b) it must be malicious; c) it must be given publicity; and d) the victim must be identifiable.’ Absent any one of these elements precludes the commission of the crime of libel.” (Emphasis and Underscoring Ours)

The definition and the elements of Libel were clearly laid out. To be convicted of Libel, four (4) requisites must concur, namely: (a) there must be a defamatory statement ; (b) it must be maliciously made ; (c) it must be made public ; and (d) the victim must be identifiable. Absent any of the foregoing requisites, the case must fail.

Moreover, in the said case, the Supreme Court also had the opportunity to clarify the element of being identifiable. While the Supreme Court recognizes that not all libelous materials name the victim directly, it laid out parameters when an “unnamed” person or subject in an article may still qualify as identifiable. According to the High Court:

“The element of identifiability is easily complied with when the writing in question explicitly names the subject or the person being defamed. In cases, however, where the person subject of the defamatory words was not named, a libel suit may only prosper ‘if by intrinsic reference the allusion is apparent or if the publication contains matters of description or reference to facts and circumstances from which others reading the article may know the plaintiff was intended, or if he is pointed out by extraneous circumstances so that persons knowing him could and did understand that he was the person referred to.’ There are, therefore, three ways to establish the identity of the person defamed when he or she was not explicitly mentioned in the writing:

“a) Identification through intrinsic reference — wherein by the words used in the writing in question, the identity of the person defamed could readily be established;

“b) Identification through description — wherein the identity of the person defamed could be established by piecing together the descriptions and the facts and circumstances surrounding the character; and

“c) Identification through extrinsic evidence — whereby extraneous pieces of evidence are presented to prove the link between the character and the person defamed, such as when a third person would testify that when he or she read the writing, he or she knew that it was referring to the person defamed because of his or her own knowledge of the characteristics and circumstances surrounding the person defamed and/or the latter’s relationship with the writer.”

If the victim is not directly named, as in your friend’s case, you may establish identifiablity through any of the three modes mentioned above. If the only basis is that your friend’s name sounds like the name of the person named in the article, the same may not qualify as identifiable. There should be other facts, either intrinsic or extrinsic, where the identity could be established, or descriptions made in the article that could be pieced together to identify the victim. In this case, there are no such inferences. The only basis for the alleged identity of the victim is because your friend’s name sounds like the name used in the article. This being the case, a case for libel will not prosper.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]