Philippine Law Provisions about Defamation

CT NO. 3815

AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS
(December 8, 1930)

BOOK TWO
CRIMES AND PENALTIES

Title Three
CRIMES AGAINST PUBLIC ORDER

Chapter One
REBELLION, SEDITION AND DISLOYALTY

Art. 142.
Inciting to sedition. — The penalty of prison correctional in its maximum period and a fine not exceeding 2,000 pesos shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the Government (of the United States or the Government of the Commonwealth) of the Philippines, or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil practices. (Reinstated by E.O. No. 187).

Art. 358. Slander (Oral Defamation)

I. Concept: It is understood as the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood

II. Oral or verbal Defamation is of two kinds: (1) Grave when it is of a serious and insulting kind or (2) Simple

A. Factors to consider:

1. The expression used including their sense, grammatical significance and accepted ordinary meaning
2. The personal relations of the accused and the offended party, as when both are bitter enemies
3. The special circumstances of the case and its antecedents, such as the time, place and occasion of the utterances, persons present
4. The social standing and position of the offended party

B. Words uttered in the heat of anger or in a quarrel, with some provocation on the part of the victim, is simple slander.

Example: The refusal of the Mayor, without valid justification to approve the monetization of accrued leaves of the accused led the latter to utter scathing words against the Mayor, which utterances were considered slight as the said refusal was deemed sufficient provocation (Villanueva vs. People, April 10, 2006)
III. The victim may not have heard the words, it is enough that a third person heard them.

IV. Words uttered in one occasion and place and directed at several persons not mentioned individually constitute only one offense.

V. Words used as expletives ( i.e.to express anger, displeasure, are not defamatory)
1. Example: the words “Puta, Putang Ina Mo” are common enough expressions in the dialect that are often employed, not really to slander but rather to express anger or displeasure. It is seldom, if ever, taken in its literal sense by the hearer, that is, as a reflection on the virtues of the mother “(PP. vs. Reyes quoted in Villanueva vs. PP)

Art. 359. Slander By Deed.

I. The performance of any act which shall cast dishonor, discredit or contempt upon another person. Depending upon the seriousness of the act, the time, place, occasion, the character of the victim, it is either Grave or Light.
II. If it is not proven that the purpose of the act is to humiliate or embarrass the act may either be maltreatment or unjust vexation.

III. Poking a dirty finger ordinarily connotes the phrase “Fuck you” which is similar to the expression “Puta” or “Putang Ina Mo” and, when there is provocation from the victim, is simple slander by deed ( Viilanueva vs. Pp)

Reasons Why there is no Standard Examination in IT

Question: Establish the reason why there's no standardized exam for IT?


Answer: On my point of view, the reason why there is no standardized examination in IT is because this field of learning is so active and from time to time changes and there is always a new innovations and inventions that a certain professional must always learn the latest in order for them to remain competent in their field, and that in IT world, it is composed of a wide area of specialization that each IT professional have their own prerogative to choose what kind of area they wanted to specialized. Other courses that require a standardized examination in order to qualify in that profession, even though there are new approaches that is being introduced, still the concept is the same, the basic is the key and that basic concepts is constant.

Activity No. 1 Professional Organizations

Question: What are some benefits of joining IT professional organization?

Answer: The benefits of joining an IT professional organization is that it allows for a congregation of intelligent, like-minded professionals that are immersed in the inner workings of the industry to gather and provide participants with access to a variety of opinions and ideas. In which you as a member can gather information's that are reliable and is really related to your field of expertise. Joining IT professional organization also beneficial in gaining access/ link to other organizations that offer a desirable job for an IT professional. It also make a room for developing your self esteem and confidence since you are dealing with professionals daily.

Question: What are the disadvantages of joining IT professional organization?

Answer: The most common disadvantage of joining a professional organization is work pressure and sometimes the occurrence of an unhealthy job competition, since you are working with an organization that requires competence in every workers.

Question: Should an IT Professional either be licensed or certified? Why or why not?

Answer: IT professionals should be really a licensed or a certified one, it is because of the increasing population of IT graduates. In this case, people that aims to acquire a job in this field should have a reliable credentials and certifications for them to be competent enough.

Question: As an IT graduating students of the College, what Certification or Licensing you are aiming for? Why?

Question: As a graduating IT student of this college, my first priority is to pass the local Civil Service Examination, since IT graduates here in our country does not need to pass the license-sure exam like the Accountancy, Law, Nursing, Education, Engineering and graduating students. It is very important for me to pass the said exam for me to easily acquire a job in the government and of course in some private firms. I also want to acquire certification in Software and Hardware servicing, and just like my father I wanted to specialize myself in the enterprise world and gain the prestigious Microsoft NT certificate.