Gossiping or spreading rumors is a popular pastime for some people. Some people mistakenly believe that spreading hearsay information that can damage people`s reputations is harmless and cannot lead to prosecution. A word for the wise: gossip can land you in jail. The crime of intrigue or gossiping against honor may seem petty. However, once you are convicted of such a crime, you may be imprisoned for a period ranging from one (1) day to thirty (30) days or a fine not exceeding twenty thousand pesos (P20,000.00). More importantly, this crime undoubtedly falls within the scope of crimes involving moral upheaval, the latter term being defined as “an act of baseness, baseness, corruption in private and social duties owed by a man to his fellows or to society in general, contrary to the accepted and customary rule of law and duty between man and man, or conduct contrary to justice, honesty, modesty and morality (Betguen v. Masangcay, M.A. No. P-93-822, 1 December 1994). Plot against honor is gossip in the truest sense of the word, where the primary source or gossip author is unknown and yet a person with the intent to damage someone else`s reputation is passing on or repeating information to other people.
This is different from defamation or oral defamation, where the one who utters the defamatory words is the actual source of the gossip. “A wicked man stirs up discord; And gossip separates close friends. (Proverbs 16:28) Gossip or intrigue against honour which, for its principal purpose, is intended to damage the honour or reputation of a person, shall be punishable by imprisonment or a fine not exceeding 20,000 pesos. THEREFORE, I, FERDINAND E. MARCOS, in my capacity as Commander-in-Chief of all Armed Forces of the Philippines and pursuant to Proclamation No. 1081 of 21. September 1972 orders and decrees that anyone who offers, publishes, distributes, spreads and spreads, or causes to be published, disseminated, disseminated, disseminated or disseminated, rumours, false news and information and gossip, which cause or appear to cause panic, divisive effects among the population, discredit or distrust of duly constituted authorities, the stability of the government and the objectives of the new authorities. Insulting society, endangering public order or harming the interests or credit of the State are punishable by a penalty of correccional imprisonment if convicted.
If the offender is a government official or employee, the additional penalty of absolute and indefinite disqualification from holding public office is imposed. Across Southeast Asia, the introduction of laws against fake news has become increasingly common, but has also been linked to a suppression of freedom of expression. However, Guico denied that his law would prevent Binalonan residents from speaking freely and without fear of legal reprisals. CONSIDERING that one of the most insidious means of disturbing this peace, order and tranquillity is the expression, publication, dissemination, dissemination and dissemination of rumours, false news or information and gossip which cause divisive effects among the population, discredit or arouse mistrust of duly constituted authorities and/or jeopardize the stability of the Government and the objectives of the new society, and are therefore detrimental to the welfare of the State; “Section 364. Intrigues against honor. – The penalty of arrest or fine of not more than twenty thousand pesos (20,000.00 pesos) is imposed for any intrigue aimed primarily at tarnishing the honor or reputation of a person. “Banning gossip is our way of improving the quality of life in our city,” Guico said. “A city without gossip is more fertile because I believe people have better things to do than talk negatively about others.” So yes, gossip can land you in jail. So, when in doubt, it`s better to keep those pretty lips closed. There is no doubt that a person who causes intrigue and spreads gossip against another can be held civilly liable for damages. Article 26 of the Civil Code expressly provides that “everyone shall respect the dignity, personality, privacy and peace of mind of his neighbour and others”. [2] He then cites certain acts that tend to violate the privacy of others, including “interfering with or disrupting the privacy or family relationships of others and plotting to alienate others from friends.”[3] “There are many types of gossip, but most cases of gossip here revolve around disputes over property, money, relationships and the like,” Guico told the Guardian.
“This order is meant to remind people that everything we say is our responsibility as individuals and as residents of this community. We want to show other cities that Binalonan has good people; It is a nice and safe place to stay. As mentioned earlier, to be considered defamatory, the prosecution must attribute anything that constitutes shame or discredit against others. [8] This means that words, in their ordinary and simple sense, are calculated in such a way that they lead listeners to believe that a particular person is guilty of a crime or discreditable act. [9] But no more. Under local law imposed on the city north of the capital, Manila, such gossip, or “chismis” as it is known in the Philippines, is now illegal. The anti-gossip ordinance was passed by Binalonan Mayor Ramon Guico III after several gossip-fueled disputes with several parties involved became “so serious” that the city council had to intervene. More than a civil procedure to repair the damage suffered by the victim, the same act of spreading gossip and intrigue may give rise to criminal liability. Article 358 of the revised Criminal Code punishes oral defamation. [5] Defamation or “dafamacion” in Spanish is legally defined as When the lethargic summer heat set in, residents of Binalonan, a small town in the Philippines, gathered under the trees and exchanged stories about their neighbors and exchanged information about rumored scandals, business, bankruptcies and divorces. But what happens if there is no publication, even if hurtful words have been spoken at the expense of another? Can criminal proceedings other than defamation be brought? Please wait for this article to continue next week.
If you feel that your rights have been violated by someone else`s false or defamatory statements, Sangalang and Gaerlan, business lawyers, are always ready to help you defend your rights. In the meantime, please visit our Facebook page for more free online legal advice. BACK TO HOMENEXT INTERNATIONAL DEFAMATION DATABASE “public and malicious attribution of a crime or vice or of a real or imagined absence or of any act, omission, condition, status or circumstance that tends to dishonor, discredit or despise any natural or legal person or to blacken the memory of a deceased person”[6] The ban was first imposed on the Capas neighborhood of the municipality of Binalonan. But it was so successful that it was expanded to seven villages in the district. As part of his plan to keep Binalonan civilized, the mayor also banned karaoke after 10 p.m. As in almost every other country, in the Philippines, defamation is spoken slander and slander is written slander. UNLAWFUL RUMOURS AND DISSEMINATION OF FALSE INFORMATION To constitute a publication that makes a person liable to defamation, it must be communicated to a person other than the person defamed. [12] It is not essential that the defamed person has read or heard the defamatory statements.