Decriminalizing Libel

ffier of lue srirtary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session 25 AUG -4 P1:30 SENATE RECEIVED O., S. No._ Introduced by Senator Loren Legarda AN ACT DECRIMINALIZING LIBEL, REPEALING FOR THE PURPOSE ARTICLES 353, 354, 355, 356, 357, 360, 361, AND 362 OF REPUBLIC ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND SUB- PARAGRAPH 4 OF SECTION 4(C) OF REPUBLIC ACT NO. 10175, OTHERWISE KNOWN AS THE CYBERCRIME PREVENTION ACT OF 2012, AND FOR OTHER PURPOSES EXPLANATORY NOTE Freedom of opinion and expression are fundamental to the full development of every individual. They serve as key pillars of any democratic society, providing the foundation on which free and open communities are built. Society must be able to mature through open discourse, debate, criticism, and discussion. In a democracy, it is essential to protect the right to express ideas in all forms. This includes ensuring that the press and media can operate freely, without censorship or interference. Even the mere threat of criminal liability threatens the ability of individuals and organizations to speak out. In light of growing international support for the decriminalization of defamation, this bill proposes to decriminalize libel as defined in the Revised Penal Code and the Cybercrime Prevention Act of 2012. By removing criminal penalties for all forms of libel, we affirm our commitment to the constitutional rights to free speech, free expression, and a free press. More importantly, we help rebuild public trust and promote transparency in governance by

removing legal barriers that discourage citizens from speaking out and holding public officials accountable. In view of the foregoing, the immediate passage of this bill is earnestly requested. LOREN LEGARDA

Stinte "office of the Awaretain TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG -4 P1:31 SENATE RECEIVED 87 S. No. 810 Introduced by Senator Loren Legarda AN ACT DECRIMINALIZING LIBEL, REPEALING FOR THE PURPOSE ARTICLES 353, 354, 355, 356, 357, 360, 361, AND 362 OF REPUBLIC ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND SUB- PARAGRAPH 4 OF SECTION 4(C) OF REPUBLIC ACT NO. 10175, OTHERWISE KNOWN AS THE CYBERCRIME PREVENTION ACT OF 2012, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Article 353 of Act No. 3815, as amended, is hereby repealed as

2 follows: ['ART. 353. Definition of libel. - A libel is public and malicious imputation of a 4 crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, 5 or circumstance tending to cause the dishonor, discredit, or contempt of a natural or 6 juridical person, or to blacken the memory of one who is dead."]

Sec. 2. Article 354 of the same Act is repealed as follows:

["ART. 354. Requirement for publicity. - Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases: 1. A private communication made by any person to another in the performance of any legal, moral or social duty; and 2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech

delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions."]

Sec. 3. Article 355 of the same Act is likewise repealed as follows:

['ART. 355. Libel by means of writings or similar means. - A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, 6 theatrical exhibition, cinematographic exhibition, or any similar means, shall be 7 punished by prision correccional in its minimum and medium periods or a fine ranging from Forty thousand pesos (P40,000) to One million two hundred thousand pesos 9 (P1,200,000), or both, in addition to the civil action which may be brought by the offended party."]

Sec. 4. Article 356 of the same Act is likewise repealed as follows:

["ART. 356. Threatening to publish and offer to prevent such publication for a compensation. - The penalty of arresto mayor or a fine from Forty thousand pesos (P40,000) to Four hundred thousand pesos (P400,000), or both, shall be imposed upon any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other member of the family of the latter, or upon anyone 17 who shall offer to prevent the publication of such, libel for a compensation or money consideration."]

Sec. 5. Article 357 of the same Act is likewise repealed as follows:

['ART. 357. Prohibited publication of acts referred to in the course of official proceedings. - The penalty of arresto mayor or a fine of Forty thousand pesos (P40,000) to Two hundred thousand pesos (P200,000), or both, shall be imposed upon any reporter, editor or manager of a newspaper, daily or magazine, who shall publish facts connected with the private life of another and offensive to the honor, virtue and reputation of said person, even though said publication be made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned."]

Sec. 6. Article 360 of the same Act is likewise repealed as follows:

["ART. 360. Persons responsible. - Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means, shall be responsible for the same.

The author or editor of a book or pamphlet, or the editor or business manager 2 of a daily newspaper, magazine or serial publication, shall be responsible for the 3 defamations contained therein to the same extent as if he were the author thereof. The criminal and civil action for damages in cases of written defamations as provided for in this chapter, shall be filed simultaneously or separately with the court 6 of first instance of the province or city where the libelous article is printed and first 7 published or where any of the offended parties actually resides at the time of the 8 commission of the offense: Provided, however, That where one of the offended parties 9 is a public officer whose office is in the City of Manila at the time of the commission 10 of the offense, the action shall be filed in the Court of First Instance of the City of Manila, or of the city or province where the libelous article is printed and first published, and in case such public officer does not hold office in the City of Manila, the action shall be filed in the Court of First Instance of the province or city where he held office at the time of the commission of the offense or where the libelous article is printed and first published and in case one of the offended parties is a private individual, the action shall be filed in the Court of First Instance of the province or city where he actually resides at the time of the commission of the offense or where the libelous matter is printed and first published: Provided, further, That the civil action shall be filed in the same court where the criminal action is filed and vice versa: Provided, furthermore, That the court where the criminal action or civil action for damages is first filed, shall acquire jurisdiction to the exclusion of other courts: And, provided, finally, That this amendment shall not apply to cases of written defamations, the civil and/or criminal actions which have been filed in court at the time of the effectivity of this law. Preliminary investigation of criminal action for written defamations as provided for in the chapter shall be conducted by the provincial or city fiscal of the province or city, or by the municipal court of the city or capital of the province where such action may be instituted in accordance with the provisions of this article. No criminal action for defamation which consists in the imputation of a crime which cannot be prosecuted de oficio shall be brought except at the instance of and upon complaint expressly filed by the offended party."]

Sec. 7. Article 361 of the same Act is likewise repealed as follows:

['ART. 361. Proof of the truth. - In every criminal prosecution for libel, the truth may be given in evidence to the court and if it appears that the matter charged as libelous is true, and, moreover, that it was published with good motives and for justifiable ends, the defendants shall be acquitted. Proof of the truth of an imputation of an act or omission not constituting a 6 crime shall not be admitted, unless the imputation shall have been made against 7 Government employees with respect to facts related to the discharge of their official 8 duties. In such cases if the defendant proves the truth of the imputation made by him, 10 he shall be acquitted."]

Sec. 8. Article 362 of the same Act is likewise repealed as follows:

L'ART. 362. Libelous remarks. - Libelous remarks or comments connected with the matter privileged under the provisions of Article 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability."]

Sec. 9. Section 4 (c) (4) of Act No. 10175, is hereby repealed as follows:

"Section 4. Cybercrime Offenses. - The following acts constitute the offense of cybercrime punishable under this Act: XXXX (c) Content-related Offenses: XXXX [(4) Libel. - The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future."]

Sec. 10. Effect on Pending Cases. - All pending cases under the provisions of

Articles 355, 357, and 360 of the Revised Penal Code on Libel, and Section 4 (c) (4) of the Cybercrime Prevention Act of 2012, prior to its amendment by this Act shall be dismissed upon effectivity of this Act.

Sec. 11. Immediate Release of Convicted Persons. - All persons serving

sentence for violations of the provisions of Articles 353, 354, 355, 356, 357, 360, 361, and 362 of the Revised Penal Code on Libel, as amended, and Section 4 (c) (4) of the Cybercrime Prevention Act of 2012, prior to its amendment by this Act shall be

immediately released upon effectivity of this Act: Provided, That they are not serving sentence or detained for any other offense or felony.

Sec. 12. Separability Clause. - If any provision of this Act is declared invalid,

the remainder of this Act or any provision not affected thereby shall remain in force and effect.

Sec. 13. Repealing Clause. - All laws, presidential decrees, executive orders

and their implementing rules, inconsistent with the provisions of this act are hereby repealed, amended, or modified accordingly.

Sec. 14. Effectivity. - This Act shall take effect immediately after its publication

in at least two (2) national newspapers of general circulation. Approved,