The law on libel and freedom of expression

Whenever criticism against public officials is written and published, in the name of freedom of speech, many onion-skinned politicians react with suing for libel.

- Atty. Josephus B. Jimenez

Can libel prosper against the constitutional right of free expression? It depends.

Here are three Supreme Court decisions on libel. The first is Raffy Tulfo v. People of the Philippines, whereby the accused was acquitted by the Supreme Court on January 11, 2021. The second is Leo Lastimosa v. People, whereby our own Leo was also acquitted by the Supreme Court (SC) on December 5, 2022. The third was Erwin Tulfo v. People, where the accused wasn’t acquitted by the SC on September 16, 2008.

In the first case, Justice Marvic Leonen, former Law professor and UP Law dean lectured: "The need to protect freedom of speech and of the press cannot be understated. These freedoms are the most pervasive and powerful vehicles of informing the government of the opinions, needs, and grievances of the public. It is through these guarantees that the people are kept abreast of government affairs. Without these rights, no vigilant press would flourish. And without a vigilant press, the government's mistakes would go unnoticed, their abuses unexposed, and their wrongdoings uncorrected."