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Online libel and unjust vexation - statute of limitations

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nosen


Arresto Menor
What is the statute of limitations for online libel and unjust vexation?

How is malicious intent established for online libel? Can anyone give concrete examples that they have used in court?

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Jadis

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Reclusion Perpetua
Libel must be filed within a year from publication.

Unjust vexation prescribes in two months.

Article 354 of the Revised Penal Code provides:

“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.”

There is a presumption of malice.

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