Libel; truth and good motive as defenses

THE UNITED STATES, plaintiff-appelle, vs. GREGORIO PERFECTO, defendant-appellant. EN BANC, G.R. No. 16924, March 23, 1922


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Both under the ancient civil law and the ancient common law, the truth was no defense in a criminal prosecution for libel. This position was defended by the old maxim, the greater the truth the greater the libel. Beginning, however, with Lord Campbell's Act (6 and 7 Vict., chap. 96) in England, truth in criminal actions for libel was allowed in many jurisdictions as a justification, provided the publication was also made with good motives and for justifiable ends. To this class belongs the Philippines, for in the Libel Law (Act No. 277, section 4), it is provided that "In all criminal prosecutions for libel the truth may be given in evidence to the court, and if it appears to the court that the matter charged as libelous is true and was published with good motives and for justifiable ends, the party shall be acquitted; otherwise he shall be convicted; but to establish this defense, not only must the truth of the matter so charged be proven, but also that it was published with good motives and for justifiable ends." A few more progressive states have made truth a complete defense in criminal prosecutions regardless of motive or intent.

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