Republic of the Philippines 
SENATE OF THE PHILIPPINES 
Pasay City 
·14 
liAR -6 P 3 :03 
SIXTEENTH CONGRESS 
First Regular Session 
S. B.No. 
2164 
INTRODUCED BY SENATOR SONNY M. ANGARA 
AN ACT QUALIFYING THE CRIME OF LIBEL COMMITTED AGAINST 
PUBLIC OFFICERS OR PUBLIC FIGURES, AMENDING FOR THIS PURPOSE 
ARTICLE 354 AND 361 OF ACT NO. 3815, AS AMENDED, OTHERWISE 
KNOWN AS THE "REVISED PENAL CODE" AND CONSEQUENTLY SECTION 
4 PARAGRAPH C, SUB-PARAGRAPH 4 OF REPUBLIC ACT NO. 10175, 
OTHERWISE KNOWN AS THE "CYBERCRIME PREVENTION ACT OF 2012" 
EXPLANATORY NOTE 
In a democratic society that enjoys the constitutional guaranty of freedom of 
speech and press, the expression of opinions relating to matters of public concern 
should be protected. Both American and Philippine doctrinal free speech cases have 
consistently held that" debate on public issues should be uninhibited, robust and 
wide-open" and "that such debate may well include vehement, caustic, and 
sometimes unpleasantly sharp attacks on government and public officials." 
Unfortunately, our criminal Iibellaw, which was passed way back in 1901, 
has remained despite the rapid expansion of the constitutional right to free speech. 
Therefore, there is a need to bring our libel law to the present and conform it to the 
meaning of the free speech clause in our bill of rights as interpreted in jurisprudence. 
This bill revisits the libel provisions of the Revised Penal Code and considers 
as privileged any comment or remark against public officers and public figures, or 
any discussion of a matter that is subject of a public or general interest. This means 
that expressions of opinion against public figures and public officials, even if 
defamatOlY, would not be presumed malicious. A public figure or public official 
must prove that the alleged defamatory statement made against them made with 
actual malice - that is, "with knowledge that it was false or with reckless disregard of 
whether it was false or not." 
This privilege also allows a defendant to avoid liability when a plaintiff 
qualifies for public figure status; the status attached to persons who have arrived at a 
position where public attention is focused upon them or when they have thrust 
themselves to the forefront of particl!lar public controversies in order to influence the 
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resolution of the issues involved. More specifically, this status applies to persons 
who, by their accomplishments, fame, or mode of living, or by their adopting a 
profession or calling, have given the public a legitimate interest in their doings, their 
affairs, and their character. The public interest in robust debate regarding the actions 
of such persons is therefore as great as if they were officials. This privilege is also 
justified as a means of insuring press freed om to inform the public about those who 
have become legitimate matters of public interest. 
ONNY M. ANGARA 
• 
• 


SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
'sl"twtr 
~fft;f_ "F tlj~ ~tnl'brq, 
·14 
MAR -6 P 3 :03 
S. B. No. 
2164 
INTRODUCED BY SENATOR SONNY M. ANGARA 
AN ACT QUALIFYING THE CRIME OF LIBEL COMMITTED AGAINST 
PUBLIC OFFICERS OR PUBLIC FIGURES, AMENDING FOR THIS PURPOSE 
ARTICLE 354 AND 361 OF ACT NO. 3815, AS AMENDED, OTHERWISE 
KNOWN AS THE "REVISED PENAL CODE" AND CONSEQUENTLY SECTION 
4 PARAGRAPH C, SUB-PARAGRAPH 4 OF REPUBLIC ACT NO. 10175, 
OTHERWISE KNOWN AS THE "CYBERCRIME PREVENTION ACT OF 2012" 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 354 of Act No. 3815, otherwise known as the Revised 
Penal Code, is hereby amended to read 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[.]; AND 
3. ANY COMMENT OR REMARK AGAINST PUBLIC OFFICERS 
AND PUBLIC FIGURES, OR ANY DISCUSSION OF ANY MATTER 
THAT IS SUBJECT OF A PUBLIC OR GENERAL INTEREST." 
SECTION 2. Article 361 of the same Code is hereby amended to read as 
follows. 
Art. 361. Proof of the truth AND ACTUAL MALICE. -
In every 
criminal prosecution for libel, WHERE THE IMPUTED ACT OR 
OMISSION CONSTITUTES A CRIME, the truth may be given in 
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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. 
FOR DEFAMATORY IMPUTATION OF AN ACT OR OMISSION 
AGAINST PUBLIC OFFICERS OR PUBLIC FIGURES, WHETHER OR 
NOT IT CONSTITUTES A CRIME, TRUTH IS AN ABSOLUTE 
DEFENSE 
AND 
LIABILITY 
WILL 
LIE 
ONLY 
IF 
THE 
COMPLAINANT PROVES THAT THE DEFENDANT MADE THE 
FALSE DEFAMATORY IMPUTATION WITH ACTUAL MALICE, 
THAT IS, WITH KNOWLEDGE THAT IT WAS FALSE OR WITH 
RECKLESS DISREGARD OF WHETHER IT WAS FALSE OR NOT. 
[Proof of the truth of an imputation of an act or omission not 
constituting a crime shall not be admitted, unless the imputation shall 
have been made against Government employees with respect to facts 
related to the discharge of their official dulles. 
In such cases if the defendant proves the truth of the imputation made 
by him, he shall be acquitted.] 
SECTION 3. Section 4, paragraph c, sub-paragraph 4 of Republic Act 10175 which 
impliedly adopted Art. 354 of the Re:,ised Penal Code IS also accordingly amended. 
SECTION 4. All provisions of existing laws, orders, rules and regulations 
inconsistent with the provisions of this Act are hereby repealed or modified 
accordingly. 
SECTION 5. 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, 
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