FIFTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Third Regular Session 
) 
.. 
:.", T 
SENATE 
S.B.No.~2.94 
Introduced by Senator LOREN LEGARDA 
EXPLANATORY NOTE 
"Fear of serious illju ry cannot alolle JIlstify sllppression of free speech and assembly. Mm feared wilches 
and bumt women. It is lite fUllclion of speech to free mel1 from the bOlldage of irrational fears. " - us Supreme 
Court Justice LOllis Brandeis 
In the 2011-2012 World Press Freedom Index report by the international organization Reporters 
Without Borders, the Philippines ranked 140,h out of 179 counh'ies in terms of press freedom 
with threats and violence against local media and culture of impunity acting as the biggest 
threats confronting media freedom in the counh·y. This assessment is further reinforced in a 
September 2012 report by United States-based organization Freedom House which rated the 
status of press freedom here as only "partly free" citing among other things, the criminalization 
of libel under the country's revised penal code which has its attendant imprisonment and 
payment of large fines. It particularly noted how frequent use of such charges has often been 
used to "stifle criticism of officials and of public figures". 
Though the 1987 Constitution under the section on the Bill of Rights guarantees the freedom of 
speech, of expression or of the press, experience has shown us - as documented by local media 
groups, how this freedom can easily be stifled with the mere threat of crimin~l libel as the 
commonly used form of suppression. No less than the United Nations Human Rights 
Committee (UNHRC) in its October 2011 report found that the conviction by a local broadcaster 
based in Mindanao for libel was excessive due to the criminal sanction attendant for its 
violation and violative since it goes against the 1966 International Convention on Civil and 
Political Rights (ICCPR) of which the Philippines is one of its earliest signatories. The UNHRC 
reiterated that under General Comment No. 34 in applying Article XIX of the said Convention, 
"State parties should consider the decriminalization of defamation, 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". 
Apart from threatening our citizenry's long-cherished Constitutionally-guaranteed freedom, the 
continued criminalization of libel will be a huge hindrance in efforts to promoting good 
governance and exacting accountability of our public officials. Thus, this bill seeks to abolish the 
penalty of fine and imprisonment in libel cases. 
In view of the foregoing, the immediate passage of this bill is earnestly requested. 
-~-~"=:"~:~~'~."'~?~~-~ -, 
LORENLEGARDA 
Senator 
--=--. 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session 
SENATE 32.94 
S.B.No. __ 
~ 
Introduced by Senator LOREN LEGARDA 
AN ACT 
DECRIMINALIZING LIBEL, REPEALING FOR THE PURPOSE ARTICLES 355, 357, AND 
360 OF REPUBLIC ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE 
REVISED PENAL CODE AND FOR OTHER PURPOSES 
Be it enllcted b!! the Senate and the House of Representatives of the Philipp1l1es in the Congress 
Ilssembled: 
SECTION 1. Article 355 of Act No. 3815, as amended, is hereby repealed as follows: 
[" ART. 355. Libel by means of writings 01' similar means. - A libel is committed 
by means of writing, printing, Iitohography, engraving, radio, phonograph, 
painting, theatrical exhibition, cinematographic exhibition, or any similar means, 
shall be punished by prision correccional in its minimum and medium periods or 
a fine ranging from 200 to 6,000 or both in addition to the civil action which may 
be brought by the offended party."] 
SECTION 2. Article 357 of the same Act is repealed as follows: 
[" ART. 357. Prohibited publication of acts referred to in the course of official 
proceedings. - The penalty of arresto mayor 01' a fine from 200 to 2,000 pesos, or 
both, 01' both shall be imposed upon any reporter, editor, or manager of a 
newspaper, daily 01' magazine, who shall publish facts connected with the 
private life of another and offensive to the honor, virtue, and reputation of the 
said person, even though said publication be made in cOimection with or under 
the pretext that it is necessary in the narration of any judicial or administrative 
proceedings wherein such facts have been mentioned."] 
SECTION 3. Article 360 of the same Act is likewise repealed as follows: 
[" ART. 360. Persons responsible. - Any person who shall publish, exhibit, 01' 
cause the publication 01' exhibition of any defamation in writing or by similar 
means, shall be responsible for the same. 
The author 01' editor of a book or pamphlet, 01' the editor 01' business manager of 
a daily newspaper, magazine 01' serial publication, shall be responsible for the 
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 of first instance of the province or city where the libelous article is printed 
and first published 01' where any of the offended parties actually resides at the 
time of the commission of the offense: Provided, however, That where one of the 
offended parties is a public officer whose office is in the City of Manila at the 
time of the commission 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 actnally 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 institnted 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.] 
SECTION 4. Effect on Pending Cases. - All pending cases under the provisions of 
Articles 355, 357 and 360 of the Revised Penal Code on Libel prior to its amendment by this Act 
shall be dismissed upon effectivity of this Act. 
SECTION 5. Immediate Release of Convicted Persons. - All persons serving sentence 
for violations of the provisions of Articles 355, 357 and 360 of the Revised Penal Code on Libel 
prior to its amendment by this Act shall be irrunediately released upon effectivity of this Act: 
Provided, That they are not serving sentence or detained for any other offense or felony. 
SECTION 6. 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. 
SECTION 7. 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. 
SECTION 8. Effectivity. - This Act shall take effect immediately after its publication in 
at least two (2) national newspapers of general circulation. 
Approved,