Amending R.A. No. 3815 and 10175 (Decriminalizing Libel)

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES JUL -8 75:24 First Regular Session ) SENATE RECORDOT Senate Bill No. 250 Introduced by Senator Erwin Tulfo AN ACT DECRIMINALIZING LIBEL, REPEALING FOR THIS PURPOSE ARTICLES 353, 354, 355, 356, 357, 360, 361 AND 362 OF ACT NO, 3815, AS AMENDED, OTHERWISE KNOWN AS "THE REVISED PENAL CODE" AND SECTION 4 (c) 4, CHAPTER II OF REPUBLIC ACT NO. 10175, OTHERWISE KNOWN AS THE "CYBERCRIME PREVENTION ACT OF 2012" EXPLANATORY NOTE Article III, Section 4 of the 1987 Constitution states that: "No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances." The legislature must stand by these constitutionally ordained guarantees by repealing our libel laws. This representation is deeply committed to the values enshrined in our Constitution: the right to free expression, the pursuit of truth, and the defense of the democratic space. While libel laws protect people from malicious imputations, the crime has often been used as a weapon to suppress dissent rather than advance justice. Decriminalizing libel does not mean that people can say anything without consequences. False and malicious statements should still carry consequences. But instead of sending people to jail, violators

should be held civilly liable. Libel should be treated as a civil matter and not a crime, ensuring justice without compromising free expression or disproportionately punishing speech. This bill seeks to decriminalize libel not to weaken accountability but to promote fairness and protect free expression. In view of the foregoing, the passage of the measure is earnestly sought. ERWIN TULFO

-= ... Catas TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL -8 75:24 First Regular Session SENATE Senate Bill No. 250 Introduced by Senator Erwin Tulfo AN ACT DECRIMINALIZING LIBEL, REPEALING FOR THIS PURPOSE ARTICLES 353, 354, 355, 356, 357, 360, 361 AND 362 OF ACT NO, 3815, AS AMENDED, OTHERWISE KNOWN AS "THE REVISED PENAL CODE" AND SECTION 4 (c) 4, CHAPTER II OF REPUBLIC ACT NO. 10175, OTHERWISE KNOWN AS THE "CYBERCRIME PREVENTION ACT OF 2012' Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Articles 353, 354, 355, 356, 357, 360, 361 and 362

2 of Act No. 3815, as amended, otherwise known as "The Revised Penal Code" are hereby repealed.

SEC. 2. Section 4 (c) 4, Chapter Il of Republic Act No. 10175,

otherwise known as the "Cybercrime Prevention Act of 2012" is hereby repealed.

SEC. 3. Nothing in this Act shall preclude the offended party

from instituting an action for damages under Article 2176 of Republic 11 Act No. 386, otherwise known as the "Civil Code of the Philippines,"

and other analogous provisions. All defenses otherwise available to a defendant in a criminal prosecution for libel, including proof of truth, shall be available as defense in civil action for damages.

SEC. 4. Separability Clause. - Should any provision or part of this

Act be declared unconstitutional or invalid, the other provisions and > parts hereof, insofar as they are separable from the invalid ones, shall remain in full force and effect.

SEC. 5. Repealing Clause. - All laws, decrees, orders, issuances,

rules and regulations or parts thereof which are inconsistent with this 12 Act are hereby repealed or modified accordingly.

SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days

after its publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,