THIRTEENTH CONGRESS 
) 
REPUBLIC OF THE PHILIPPINES 
) 
27 i75 :a0 
Second Regular Session 
) 
S E N A T E  
! 
Introduced by Senator M. A. Madrigal 
EXPLANATORY NOTE 
No less than Article 19 of the Universal Declaration Declaration of Human Rights 
provides that, "Everyone has the right to freedom of opinion and expression; this 
right includes freedom to hold opinions without interference and to seek, receive 
and impart information and ideas through any media and regardIess of 
frontiers." 
Moreover, Article 19 of International Covenant on Civil an4.8 olitical Rights 
(1966) which %!e PhiIippines ratified in October 1986 provides':' "1) Everyone 
shall have the right to hold opinions without interference. 2) Everyone shall have 
the right to freedom of expression; this right shall include freedom to seek, 
receive and impart information and ideas of all kinds, regardless of frontiers, 
either orally, in writing or in print, in the form of art, or through any other media 
of his choice.. ." 
Since the Philippines ratified the International Covenant on Civil and Political 
Rights, the principle of state obligation dictates treaty incorporation in national 
legislation. This is in compliance with the Vienna Convention on the Law of 
Treaties which the Philippines also ratified. 
In our jurisdiction, freedom of expression is protected under Article 111, section 3 
of our 1987 Constitution which provides as follows, "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 to petition the government for redress of 
grievances." 
While the aforesaid precepts are enshrined in our Constitution, there are still 
vestiges in our present laws that are inconsistent with this guarantee. Foremost 
of which are the provisions of the Revised Penal Code on "sedition." Sedition is 
a crime "committed by persons who rise publicly and tumultuously in order to 
attain by force, intimidation, or by other means outside of legal methods, any of 
the following objects: (1) To prevent the promulgation or execution of any law or 
the holding of any popular election; (2) To prevent the National Government, or 
any provincial or municipal government or any public officer thereof from freely 
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exercising its or his functions, or prevent the execution of any administrative 
order; (3) To inflict any act of hate or revenge upon the person or property of 
any public officer or employee; (4) To commit, for any political or social end, 
any act of hate or revenge against private persons or any social class; and (5) To 
despoil, for any political or social end, any person, municipality or province, or 
the National Government, of all its property or any part thereof." (Article 139, 
Revised Penal Code). 
The crime of sedition is an offense of the mind. It occurs in the mind of the 
Government and as is usually the case, it is being used as a weapon to deny, 
rather than to protect the people's rights, particularly on freedom of expression. 
It is also being employed to justify the use of massive state resources against an 
individual or group who are at odds with the government's position. 
The American Civil Liberties Union (ACLU) in a position paper said: 
The right to express one's thoughts and to 
communicate freely with others affirms the dignity 
and worth of each and every member of society, and 
allows each individual to realize his or her full human 
potential. Thus, freedom of expression is an end in 
itself -- and as such, deserves society's greatest 
protection. 
It's vital to the attainment and advancement of 
knowledge, and the search for the truth. The eminent 
19th-century writer and civil libertarian, John Stuart 
Mill, contended that enlightened judgment is possible 
only if one considers all facts and ideas, from 
whatever source, and tests one's own conclusions 
against opposing views. Therefore, all points of view - 
- even those that are "bad" or socially harmful -- 
should be represented in society's "marketplace of 
ideas." 
If the people are to be the masters of their fate and of 
their elected government, they must be well-informed 
and have access to all information, ideas and points of 
view. Mass ignorance is a breeding ground for 
oppression and tyranny. 
The crime of sedition is no longer existing in many countries, such as Canada, 
Ghana, Ireland, Kenya, New Zealand, South Africa, Taiwan, United Kingdom 
and the United States. 
In our nation's history, the crime of sedition has been used against eminent 
nationalist leaders such as Jose Rizal, Andres Bonifacio, Aurelio Tolentino, 
Macario Sakay, Isabel0 Delos Reyes, Amado Hernandez, Benign0 Aquino, Jr., 
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and even Diosdado Macapagal for having published a book ” Democracy in the 
Philippines” during the early years of martial law. 
It is now time to repeal this archaic provision of our penal law. No longer should 
the Filipinos allow this crime to intimidate or threaten them. 
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OF THE REPUBLIC OF THE PHILIPPINES 
] 
Second Regular Session 
I 
Introduced by Senator M.A. Madrigal 
AN ACT AMENDING REPUBLIC ACT 3815, OTHERWISE I<NOWN AS THE 
REVISED PENAL CODE OF THE PHILIPPINES, BY REPEALING SECTIONS 
139,140,141 AND 142 THEREIN 
Be it enacted by the Senate and ’ fhe House of Representatives of the Philippines in 
Congress assembled: 
Section 1. Short Title. This Act shall be laown as the ”Freedom of Expression 
Act of 2006.” 
Section 2. Declaration of State Policies. It is the State’s policy to protect the 
constitutional right to freedom of expression and opinion. This right includes 
freedom to hold opinions without interference and to seek, receive and impart 
information and ideas through any media and regardless of frontiers. 
Section 3. Repealing Clause. 
Any provision of law to the contrary 
notwithstanding, Republic Act 3815 otherwise known as the ”Revised Penal 
Code of the Philippines” is hereby amended by repealing sections 139, 140, 141 
and 142 therein. 
Section 4. Separability Clause. 
If any part of this Act is declared 
unconstitutional or invalid, the other provisions not affected thereby shall 
continue to be in full force and effect. 
Section 5. Effectivity. 
This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in at least two (2) newspapers of 
general circulation. 
Approved, 
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