Criminal Law, 2013 Bar — Question MC-XVII

MULTIPLE CHOICE

In his Answer to a complaint, Atty. Jose (counsel for the defendant) stated that Atty. Agrada (counsel for the plaintiff) is "bobo, inutile, good for nothing, stupid, and a menace to clients." Can Atty. Jose be held criminally liable for libel? (A) No, because an Answer to a complaint is a court pleading where communications made are privileged; the writer cannot be held liable for libel. (B) Yes, because the statement casts aspersion on the character, integrity and reputation of Atty. Agrada as a lawyer and exposed him to public ridicule. (C) Yes, although a court pleading is a privileged communication, malicious statements that are irrelevant and impertinent to the issue in the pleading may be libelous. (D) Yes, there was a malicious intent to ridicule Atty. Agrada as a lawyer. (E) No, because the statement is in a pleading, but Atty. Jose can be charged administratively for misconduct before the Supreme Court.

You can write freely without an account. Sign in to reveal the suggested answer and track your progress.