The provision
ARTICLE 361. Proof of the truth. -In every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is. true, and, moreover, that it was published with good motives and for justifiable ends, the defendant shall be acquitted. Proof of the truth of an imputation of an act or omission not constituting a crime shall not be admitted, unless the imputation shall have been made against Government employees with respect to facts related to the discharge of their official duties. In such cases if the defendant proves the truth of the imputation made by him, he shall be acquitted.
Key points
Article 361 governs proof of truth as a defense in libel. In a prosecution for libel, the truth of the imputation may be given in evidence; if the matter charged is true and was published with good motives and for justifiable ends, the defendant is acquitted.
Truth alone is not a complete defense — it must be coupled with good motives and justifiable ends. Proof of truth of an imputation not constituting a crime is admitted only where it concerns a public officer's discharge of official duties. The provision is read with Articles 353, 354, and 362.