Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

CO 371
HOUSE BILL NO.

Introduced by: HON. RACHEL MARGUERITE B. DEL MAR

EXPLANATORY NOTE

The attached Bill seeks to provide a specific venue of action in libel cases against a
community journalist, community publication or community broadcast station.

There is no question — and nobody disputes this that the right to one's reputation and
honor is as much a constitutional rights as the passion of life, liberty and property. Indeed, “it
is one of those rights necessary to human society that underlie and whole scheme of
civilization. Law and jurisprudence recognize and protect the value of such reputation and
subject one who attacks it, by slanderous words of libelous publication, to the full criminal and
civil sanctions.

However, there is likewise the reality — this is difficult to question if not undeniable -
that libel, whether filed as a criminal or civil action, is likewise used as a convenient legal tool
to harass journalists, especially the community newspaper and broadcast practitioners. This is
so because, under the present rules, the complainant or offended party, if he is a public officer,
can file the complaint in Manila if his office is in Manila or in the office outside Manila if his
office is located there. If he is a private person, the venue is his place of residence at the time
of the commission of the offense. Thus, a newspaper or broadcast station in Aparri or Jolo,
Cebu or Davao can be made to answer a complaint filed in Metro Manila where the complaint
resides although the subject, the issue or the incident published — in law the cause of action -
did not arise in Metro Manila.

This situation is not changed by the fact that — under the same rule on venue — the
complainant or offended party has the option to file the action in the Regional Trial Court of the
province or city where the libelous article is printed or first published because, in reality and in
practice, the offended party usually does not exercise that option since he chooses the venue


that is as far away from the principal office of business or work of the defendant or accused as
possible.

‘The prevailing legal rules on venue thus place these community journalists and local
broadcasters in a situation where they have to answer complaints or charges filed, rightly or
wrongly, in remote or distant places, deliberately filed far away from their place of business or
work. In this context, the element of oppression is there. The toll of inconvenience, financial
or otherwise, is often more onerous and burdensome than the penalty or fine prescribed by the
law. This may even lead to a miscarriage of justice in cases where the accused or defendant fail
to appear because of the distance and travel constraints.

The criminal or civil action may eventually be thrown out by the court but the damage
has been done; it already punished the community journalist and his publication by the
excessive cost of litigation and inconvenience outside the principal office of publication or
business of the said journalist or publication.

‘The community journalist and his organization, mostly financially handicapped and
already afflicted with all sorts of pressures and threats, need immediate relief from the present
rule on venue of libel cases, whether criminal or civil, which create an opportunity for
oppression. In substance, thereof, the proposed legislation seeks to provide the relief sought, to
correct this unfairness by closing this loophole that is often exploited or taken advantage of by
offended parties.

It may be stressed that this bill passed on third and final reading in the House of
Representatives during the Thirteenth & Fourteenth Congresses but was not approved by the
Senate, for lack of time upon congressional adjournment.

In view of the foregoing, approval of this bill is earnestly sought.

RACHEL MARGUERITE B. DEL MAR


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO, _372

Introduced by: HON. MARGUERITE B. DEL MAR

AN ACT
PROVIDING FOR THE VENUE OF THE CRIMINAL AND CIVIL ACTION IN LIBEL
CASES AGAINST COMMUNITY JOURNALISTS, PUBLICATIONS OR BROADCAST
STATIONS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Venue. - The criminal or civil action in cases of libel against a community
journalist, publication or broadcast station shall be filed in the Regional Trial Court of the
province or city where the principal office or place of business of the said community
journalist, publication or broadcast station is located: Provided, That the civil action shall be
filed in the same court where the criminal action is filed.

The term “community journalist, publication or broadcast station” shall be understood to
mean a journalist or news medium that operates within a limited area of circulation or
broadcast in a city, province or region, as defined under existing laws.

SEC. 2. Separability Clause. - If any part or provision of this Act shall be held to be
unconstitutional or invalid, other provisions hereof which are not affected thereby shall

continue to be in full force and effect.


SEC. 3. Repealing Clause. - All laws, decrees, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby repealed, amended or modified
accordingly,

SEC. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days afler its
publication in the Official Gazette or in at least two (2) national newspapers of general
circulation.

Approved,