FOURTEENTH CONGRESS OF THE 
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First Regular Session 
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'631 
REPUBLIC OF THE PHILIPPINES 
Introduced hy SENATOR EDGARDO J. ANGARA 
EXPLANATORY NOTE 
In a country where democracy is primarily infringed on the freedom of 
speech and expression, in a State where the media is considered the fourth 
estate, it is a sad reality that existing laws on libel have not been attuned to 
the evolving needs of the people under a democratic rule and the rising 
importance of media in effecting transparency and accountability in 
governance. 
While a newspaperman is free to share his views publicly on issues 
that affect our nation and our people, he remains unprotected from the risk of 
imprisonment. While we recognize that socially-relevant issues must have 
room for open debate an public discussion, we do not safeguard the very 
people who risk their safety and career in order to report events that have 
escaped our critical eye, circumstances that would have to led us to think 
twice before making our conclusions, and instances that would have made us 
more aware of what is more important and what is more relevant. 
It is not our intent in this proposal to downplay the importance of one's 
privacy and the right of a person to be free from public and malicious 
imputation of a crime, or of a vice, or defect, real or imaginary, or 
circumstances tending to cause the dishonor, discredit or contempt of a 
person or to blacken the memory of one who is dead. But the penalty of 
imprisonment that goers with libel is, to our opinion, not commensurate to 
the act being penalized. 
The penalty of fine must be sustained, as we believed that libel must 
not go unpunished. But to imprison a person convicted of libel might preclude 
him in the future from doing his job with zeal and critical eye. Such person 
may choose not to look deeply into issues and concerns that may not seem to 
affect public interest on face value, but with deep investigation, would expose 
anomalies and abuses, for fear of imprisonment. 
Libel should therefore be decriminalized in the light of protecting the 
right to speech and self-expression. 
Such an amendment loosens the restraint on the free flow of 
information and thus fosters the growth of a free and open society. Socially- 
relevant issues must have room for open debate and public discussion. With 
the decriminalization of libel, the safeguards strengthened. 
In view of the foregoing, passage of this on speech and expression are 
bill is earnestly recommended. 
EDGARDO 
f%J /A 
J. ANGARA 
Senator 


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' -3 ' 6  31 
FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
} '  
First Regular Session 
} 
.Y 
~ 
@,$-Cg?:P 
r!"x w I .  . 
SENATE 
s. B. NO. 
918 
Introduced by SENATOR EDGARDO J. ANGARA 
AN ACT TO ABOLISH THE PENALTY OF IMPRISONMENT IN 
LIBEL CASES, AMENDING FOR THE PURPOSE ARTICLES 355,356, 
357 AND 360 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN 
AS THE REVISED PENAL CODE AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Article 355 of Act No. 3815, as amended, is hereby 
amended as to read as follows: 
"ART. 355. Libel by means of writings or similar means. - A libel 
committed by means of writing, printing, lithography, engraving, 
radio, phonogkaph, painting, theatrical exhibition, cinematographic 
exhibition, or any similar means, shall be punished by [prision 
correctional 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 
THE PROVISIONS OF ARTICLE 90 AND 91 TO THE 
CONTRARY 
NOT 
WITHSTANDING, THE 
OFFENSE 
AND 
PENALTY IMPOSED ABOVE SHALL PRESCRIBE IN SIX (6) 
MONTHS 
COUNTED FROM THE DATE 
OF THE 
FIRST 
PUBLICATION, AIRING OR EXHIBITION OF THE LIBELOUS 
MATERIAL." 
SECTION 2. Article 356 of Act No. 3815, as amended, is hereby 
amended as follows: 
"ART. 356. Threatening to publish and offer to present such 
publication for compensation. - The penalty of [arresto mayor or] a fine 
ranging from 200 to 2,000, [or both,] shall be imposed upon any person 
who threatens another to publish a libel concerning him or the parents, 
spouse, child, or other members of the family of the latter, or upon 
anyone who shall offer to prevent the publication of such libel for a 
compensation or money consideration". 


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SECTION 3. Article 357 of the same Act is likewise amended to read as 
follows: 
"ART. 357. Prohibited publication of acts referred to in the course 
of official proceedings. - The penalty of [arresto mayor or] a fine from 
200 to 2,000 pesos, [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. 
SECTION 4. Article 360 of the same Act is likewise amended to read 
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,] THE AUTHOR OF THE PRINTED 
ARTICLE 
OR 
ANY 
PERSON 
WHO 
SHALL 
CAUSE 
THE 
EXHIBITION OF THEATRICAL OR CINEMATOGRAPHIC EXHIBIT 
CONTAINING DEFAMATORY WORDS shall be responsible for the 
same. 
[The author or editor of a book or pamphlet, or the editor or 
business manager of a daily newspaper, magazine or serial publication, 
shall be responsible for the defamations contained therein to the same 
extent as if he were the author thereof.] 
SECTION 5. All provisions of existing laws, orders, rules and 
regulations contrary to or inconsistent with this Act are hereby repealed or 
modified accordingly. 
SECTION 6. This Act shall take effect after fifteen (5) days following 
its publication in the Official Gazette or in at least two (2) newspapers of 
general circulation. 
Approved, 
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