Definition of Publication (General)
Generally, "publication" involves making information known or accessible. In the context of certain offenses against public order, it can refer to causing material to be printed, published, or distributed. This includes books, pamphlets, periodicals, and leaflets.
Publication in the Context of Libel
In the context of the crime against honor known as libel, "publication" is a crucial element.
- Requirement: Publication means making the defamatory matter known to a third person. The communication must be made to someone other than the person defamed.
- Methods: Publication can occur through written form, such as printing, publishing, or circulating material among the public. It can also include television broadcasts, which fall within the scope of Article 360 of the Revised Penal Code by means of radio or television broadcasts.
- Transmission to Third Parties: Sending an unsealed letter containing defamatory matter is considered publication if there is a reasonable probability it will be read by others. However, sending a sealed letter containing defamatory matter by messenger to the offended party is generally not considered publication to a third person.
- Identifying the Defamed Person: For publication to be actionable libel, the victim must be identified or identifiable from the contents of the libelous article. It is essential that the victim be identifiable, although it is not strictly necessary that they be named. It is enough that the allusion is apparent or if the publication contains matters of description or reference from which others reading the article may know the person alluded to.
Publication of Public Documents
In the context of falsification, the "publication of public document" may relate to establishing constructive notice. Registering a document in a public registry provides constructive notice to the entire world. In the crime of falsification of public documents, the reckoning point for the prescriptive period for prosecution starts from the registration of the document.
Distinction in Falsification Crimes
It is noted that the use of a falsified document in a judicial proceeding or any other transaction (under Article 172, paragraph 2 of the Revised Penal Code) and the falsification of a public document (under Article 172, paragraph 1 or Article 171) are distinct offenses. The crime of use of falsified document is not limited to private individuals; a public or private individual may be liable. To constitute the crime of use of falsified document, the user must not be the forger of the document. The person who used the falsified document is not necessarily the one who falsified it.