- Statute
- Revised Penal Code
- Article
- Art. 354
- Topic
- Requirement of publicity; presumption of malice
- Year
- 1930
The provision
ARTICLE 354. Requirement for Publicity. — Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:
1. A private communication made by any person to another in the performance of any legal, moral or social duty; and
2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions.
Key points
Article 354 provides that every defamatory imputation is presumed malicious, even if true, unless good intention and justifiable motive are shown. It then exempts two privileged communications from the presumption: a private communication made in the performance of a legal, moral, or social duty; and a fair and true report, made in good faith and without comment, of official proceedings.
These are the qualifiedly privileged communications, where the prosecution must prove actual malice. The provision is central to libel and cyberlibel defenses and is read with Articles 353, 361, and 362.