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"Libel" case

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1 "Libel" case on Thu Jun 11, 2015 5:05 pm

PykeOPATHIC


Arresto Menor
Hi Attorneys,

I just received two subpoenas from the Prosecutor's Office. The subpoenas talk about libelous remarks in Facebook that I allegedly posted against two managers of my former employer who I have an ongoing labor case against.

Here's the problem. The subpoena includes screenshots of "what I posted" in Facebook. My REAL Facebook account goes by my complete name and the Facebook account on the screenshot goes by my nick name. It has the same profile photo and the cover photo is the same too. I feel that a fictitious account was created to post libelous statements and make it appear like it was me who did it. I know that this is a form of retaliation from my former employer and/or they are trying to wear me out.

Honestly, I don't know how to defend this. I BADLY need your help.

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2 Re: "Libel" case on Fri Jun 12, 2015 7:37 pm

PykeOPATHIC


Arresto Menor
Anyone?

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3 Re: "Libel" case on Sat Jun 13, 2015 2:48 am

LandOwner12


Reclusion Perpetua
you should file a counter affidavit within the days stated on the sub-poena..
and state your case.
better find an attorney...

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4 Re: "Libel" case on Mon Jun 15, 2015 6:34 am

raheemerick


Reclusion Perpetua
the best defense in libel case is to prove na totoo ang sinabi mo. yan ang pinaka mainam na depensa kung kaya mong patunayan ang binitiwan mong salita laban sa kapwa.

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 defendants 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.

It is important to remember that any of the imputations covered by Article 353 is defamatory and, under the general rule laid down in Article 354, 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. There is malice when the author of the imputation is prompted by personal ill-will or spite and speaks not in response to duty but merely to injure the reputation of the person who claims to have been defamed. Truth then is not a defense, unless it is shown that the matter charged as libelous was made with good motives and for justifiable ends.

wag kasi matapang sa fb Smile

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5 Re: "Libel" case on Mon Jun 15, 2015 7:23 am

PykeOPATHIC


Arresto Menor
Sir, I'm not sure if you read it. Pero sabi ko a fictitious account was created under my name. So that means hindi po ako yung nag post ng nung libelous remarks. Smile

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6 Re: "Libel" case on Mon Jun 15, 2015 2:52 pm

LandOwner12


Reclusion Perpetua
then it will be a battle of proofs,,
u need to prove its not you, and he need to prove its you,,,
ur claim can be interpreted as self serving, unless meron kang proof.

parang ganito yan,
sabi mo, kinain nya,
sabi nya, wala syang kinakain,,

so patunayan nyo ang case nyo, kaya nga meron hearing,para pag-isipan ng judge kung sino sabi totoo,
kung lahat ng kaso eh malinaw from the very start, eh di sana wala nang nakabinbin na kaso sa mga Trial courts,,,
nga pala, ikaw ba yan idol, ang lupit ng dating ah


peace bros,,


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7 Re: "Libel" case on Tue Jun 16, 2015 1:49 am

raheemerick


Reclusion Perpetua
teka..

ako nga ba yan? hahaha

ay ewan. parang hndi ko nga maintindihan mga sinsabi ko jan sa coment ko hahaha!!

naka langhaf lng yta ako ng ipinag babawal na utot:)

ang bangis ng tama!!!

tagos hanggang esophagus Smile

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8 Re: "Libel" case on Tue Jun 16, 2015 3:08 pm

LandOwner12


Reclusion Perpetua
heheeheh, dito mo ko napatawa this late,

grabe, di ko yata kayang mabasa lahat, ang dami,,,

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9 Re: "Libel" case on Wed Jun 17, 2015 1:24 am

raheemerick


Reclusion Perpetua
ako nga dun na lng nag cocoment back sa mga responses mo kina bukasan hahaha.. tumutulo na cpon ko kaka basa..

mga wla naman kwenta sagot ko hahaha

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10 Re: "Libel" case on Wed Jun 17, 2015 2:25 pm

concepab


Reclusion Perpetua
If the facebook is does not belongs to you, then that will be your best course for defense. Facebook records the timeline of activities as well the location and IP address of the user every time he/she will access the account. The only thing is, knowing facebook policy, it is very difficult to request information like those from them.


Get a lawyer to help you with your case.

Good luck!

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11 Re: "Libel" case on Sun Jun 21, 2015 8:21 am

LandOwner12


Reclusion Perpetua
kaya ako, napakadalang kung mag open ng FB,
kung meron lang ako gusto makita or kakamustahin, yon lang,,
pra walang gulo,,, gulo na yan

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12 Re: "Libel" case Today at 1:53 pm

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