Identifiability required in libel cases

Dear PAO,

I have a friend who may be the subject of a libelous article in a newspaper. Although not directly naming him in the article, some aspects may allude to him as the subject. The story is not entirely about my friend's life, but we strongly feel that he is the subject of the libelous article because his name sounds like the name used in the article. My friend's name is Frederick, and the name used in the article is «Derick.» Can a libel case prosper against the author of the article?

Emily

Dear Emily,

Please be informed of the definition and elements of the crime of Libel as elucidated in the case of Leo A. Lastimosa vs. People of the Philippines, GR 233577, Dec. 5, 2022, penned by Associate Justice Alfredo Benjamin Caguioa viz.:

«Libel is defined as a 'public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.' 'For an imputation to be libelous, the following requisites must concur: a) it must be defamatory; b) it must be malicious; c) it must be given publicity; and d) the victim must be identifiable.' Absent any one of these elements precludes the commission of the crime of libel.» (Emphasis and Underscoring Ours)

The definition and the elements of Libel were clearly laid out. To be convicted of Libel, four (4) requisites must concur, namely: (a) there must be a defamatory statement; (b) it must be maliciously made; © it must be made public; and (d) the victim must be identifiable. Absent any of the foregoing requisites, the case must fail.

Moreover, in the said case, the Supreme Court also had the opportunity to clarify the element of being identifiable. While the Supreme Court recognizes that not all libelous materials name the victim directly, it laid out parameters when an «unnamed» person or subject in an article may still qualify as identifiable. According to the High Court:

«The element of identifiability is easily complied with when the writing in question explicitly names the subject or the person being defamed. In cases, however,