SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
"14 
MAR -3 P6 :09 
SENATE 2'158 
S.B. No. -.!:~~ 
Introduced by: Senator Paolo Benigno "Bam" A. Aquino IV 
AN ACT DECRIMINALIZING LIBEL, REPEALING FOR THIS PURPOSE ARTICLE 355 OF 
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE 
EXPLANATORY NOTE 
The Filipino nation was built on our forefathers' fight for freedom of expression and democracy. 
In the age of foreign colonizers, Jose Rizal's Noli Me Tangere and EI Filibusterismo, and Graciano 
Lopez Jaena's La Solidaridad, helped to ignite the spark that galvanized a fragmented people 
and lit up a revolution. 
Decades later, in the midst of Martial Law, Filipinos once against used the power of words and 
ideas to fight against tyranny and oppression. Although many of the country's top journalists 
were jailed for exposing the truths behind an unjust dictatorship, they inspired an entire nation 
to rise up and wage a bloodless revolution for democracy. 
This spirit lives on in the Information Age. Around the world, citizens are using the power of 
ideas and words-transmitted over a globally connected network-to expose corruption, 
challenge unjust regimes, pursue the common good, and ensure good governance. 
In the words of the late President Corazon C. Aquino, "Freedom of expression-in particular, 
freedom of the press-guarantees popular participation in the decisions and actions of 
government, and popul'ar participation is the essence of our democracy." 
In the Philippines, freedom of speech has given rise to a robust civil society. No less than the Bill 
of Rights of the 1987 Constitution protects this fundamental human righi:, saying: "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." 
Moreover, the International Covenant on Civil and Political Rights (ICCPR), of which the 
Philippines is a state party, protects these same rights while recognizing citizens' responsibility 
in exercising these freedoms. Article 19 states: 
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. 
3. The exercise of the rights proVided for in paragraph 2 of this article carries with it special 
duties and responsibilities. It may therefore be subject to certain restrictions, but these 
shall only be such as are provided by law and are'necessary: 


(a) For the respect of the rights or reputations of others; 
(b) For the protection of national security or of public order (ordre public), or of public 
health or morals. 
In light of all of these, this representation seeks to decriminalize all forms of libel (i.e., in 
broadcast media or online) to encourage free and responsible discourse without necessarily 
compromising the State's ability to hold persons accountable for irresponsible behavior. 
No less than the United Nations Human Rights Committee (UNHRC) called Philippine libel laws 
"excessive" and incompatible with Article XIX, paragraph 3 of the ICCPR. It said: "States parties 
should consider the decriminalisation of defamation 113 and, in any case, the application of the 
criminal law should only be countenanced in the most serious of cases and imprisonment is 
never an appropriate penalty. It is impermissible for a State party to indict a person for criminal 
defamation but then not to proceed to trial expeditiously-such a practice has a chilling effect 
that may unduly restrict the exercise of freedom of expression of the person concerned and 
others." 
In view of the foregoing, the approval of this bill is earnestly sought. 
2 
• 


SIXTEENTH CONGRESS OF THE REPUBLIC. ) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B. No. 
2158 
Introduced by: Senator Paolo Benigno !'Bam" A. Aquino IV 
AN ACT DECRIMINALIZING LIBEL, REPEALING FOR THIS PURPOSE ARTICLE 355 OF 
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE 
Be it enacted by the Senate and'House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Libel by means of writing or similar means as defined in Article 355 of the 
2 
Revised Penal code is hereby decriminalized. 
3 
SECTION 2. Repealing Clause - Article 355 of the Revised Penal Code, as amended, is 
4 
hereby repealed. 
5 
SECTION 3. Effectivity Clause - This Act shall take effect fifteen (15) days after its 
6 
publication in the Official Gazette or in at least two newspapers of general circulation. 
Approved, 
3 
• 
,