This case has been cited 3 times or more.
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2009-11-25 |
CHICO-NAZARIO, J. |
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| A communication is said to be absolutely privileged when it is not actionable, even if its author has acted in bad faith. This class includes statements made by members of Congress in the discharge of their functions as such, official communications made by public officers in the performance of their duties, and allegations or statements made by the parties or their counsel in their pleadings or motions or during the hearing of judicial proceedings, as well as the answers given by witnesses in reply to questions propounded to them, in the course of said proceedings, provided that said allegations or statements are relevant to the issues, and the answers are responsive or pertinent to the questions propounded to said witnesses. Upon the other hand, conditionally or qualifiedly privileged communications are those which, although containing defamatory imputations, would not be actionable unless made with malice or bad faith.[34] | |||||
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2005-11-11 |
TINGA, J. |
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| Moreover, while petitioner failed to prove all the elements of qualified privileged communication under par. 1, Art. 354 of the Penal Code, incomplete privilege should be appreciated in his favor, especially considering the wide latitude traditionally given to defamatory utterances against public officials in connection with or relevant to their performance of official duties or against public figures in relation to matters of public interest involving them.[4] | |||||