2010 Criminal Law, Q11

Angelina maintains a website where visitors can give their comments on the posted pictures of the goods she sells in her exclusive boutique. Bettina posted a comment that the red Birkin bag shown in Angelina’s website is fake and that Angelina is known to sell counterfeit items.
Angelina wants to file a case against Bettina. She seeks your advice. What advice will you give her? (4%)

Quick check

What law penalizes libel committed through a computer system or other similar means in the Philippines?

What legal presumption applies when a defamatory statement is posted against a private individual online?

Who incurs criminal liability for a defamatory comment posted on a public boutique website?

How is the element of publication satisfied in a prosecution for cyberlibel?

Choices available with full access.

What is the legal effect of publicly accusing a private merchant of selling counterfeit goods on her website?

Choices available with full access.

Unlock the full Criminal Law answers

Learn more about these topics

1. Cyberlibel Elements
Cyberlibel under Section 4(c)(4) of Republic Act No. 10175, in relation to Article 353 of the Revised Penal Code, is committed through a computer system or other similar means. The essential elements require a public and malicious imputation of a crime, vice, or defect, real or imaginary, tending to cause dishonor, discredit, or contempt of a natural or juridical person. Posting defamatory statements on an online comment section accessible to the public satisfies the element of publication using a computer system.

2. Presumption of Malice
Under Article 354 of the Revised Penal Code, every defamatory imputation is presumed malicious, even if true, if no good intention and justifiable motive for making it is shown. When defamatory comments are directed against a private individual who is neither a public officer nor a public figure, legal malice is automatically presumed by operation of law. The burden rests entirely upon the author of the defamatory post to prove good faith, justifiable motive, or the defense of privileged communication.

3. Online Commenter Liability
Under the Cybercrime Prevention Act of 2010 and established jurisprudence, criminal liability for cyberlibel attaches directly to the original author of the defamatory comment. While website owners or hosts who merely react or provide a comment platform are not liable for user-generated posts unless they actively alter or adopt the content, the individual user who crafts and posts defamatory imputations on a public website incurs sole criminal responsibility as the author of the cyberlibelous statement.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026