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FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
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Senate Bill No.,_-"v:...:v"-,,,,-
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
We live in a society that holds paramount the rights of freedom of speech, 
of expression and of the press, Article III Section 4 of the Constitution clearly 
states that: "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." 
While the Constitution seems to preclude any exceptions to the exercise 
of the freedoms of speech, expression and of the press, our courts have ruled 
that these constitutional freedoms are not absolute, Indeed, while our society 
accords immense value on freedom of expression and speech, our laws also 
recognize the likewise legitimate need of the individual to protect and defend 
himself where the exercise of these otherwise constitutional freedoms unduly 
injure or compromise a person's good name or standing in the community, 
Among these valid exceptions are the laws on libel as defined in Act No. 
3815, as amended, otherwise known as the Revised Penal Code. Article 353 of 
the Code defines libel as a public and malicious imputation of a crime, or of a 
vice or :defect, real or imaginary, or any act, omission, condition, status, or 
circumstance tending to cause the dishonor, discredit, or contempt of a natural or 
juridical person, or to blacken the memory of the dead, Libel laws are classified 
as crimes against honor, which seek to protect an individual against unjust 
attacks against the character and reputation of his person. 
Article 354 of the same Code presumes malice, as a general rule, in every 
defamatory imputation, without regard to its truth or falsity. The person accused 
of libel is required to prove that the imputation was made with good intentions 
and justifiable motives. Exceptions to this are private communications and fair 
comment. 
It is the author's belief that the current political climate demands the 
recognition of legitimate expressions of public opinion as an additional exception 
under Article 354 of the Code Discussions of matters of public concern and 
criticisms of official conduct should be considered privileged, i.e. not presumed to 
be malicious even though they may be defamatory. In other words, the 
prosecution must show that the accused acted with malice in order to prove guilt. 
This bill aims to strike a balance the two legitimate, albeit clashing, social 
interests of between freedom of expression and the freedom or right of the 
individual to protect honor and person, by proposing that the act of political libel 
be differentiated from private libel. The bill specifically introduces amendments to 


Article 354 and 361 of the Revised Penal Code, to the end that different penalties 
may be imposed upon political libel and private libel. 
As an eminent US jurist said: "The life of the law is not logic, but 
experience." In proposing this bill, we are mindful of our collective experience as 
a people and as a society in crafting laws that will be for the benefit of all. For this 
purpose, the passage of this bill is earnestly sought. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 5 51 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PRESCRIBING DIFFERENT PENALTIES FOR POLITICAL AND PRIVATE 
LIBEL, AMENDING ARTICLE 354 AND 361 OF ACT NO. 3815, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE, FOR THIS 
PURPOSE 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Article 354 of Act No. 3815, as amended, otherwise known 
as the Revised Penal Code, is hereby amended to read as follows: 
. "Art. 354. Requirement of Publicity AND MALICE. -
Every defamatory 
imputation PUBLICLY MADE is presumed to be malicious even if it be true, if no 
good intention and justifiable motive for making it be 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 DISCUSSION OF ANY MATTER OF PUBLIC CONCERN OR 
CRITICISM OF OFFICIAL CONDUCT OR THE CONDUCT OF PUBLIC 
FIGURES, 
UNLESS 
SUCH 
MATTER 
IS 
SHOWN 
BY 
THE 
PROSECUTION TO BE FALSE OR TO HAVE BEEN MADE BY THE 
DEFENDANT 
KNOWING 
ITS 
FALSITY 
OR 
WITH 
RECKLESS 
DISREGARD OF WHETHER IT IS TRUE OR NOT." 
SEC. 2. Article 361 of Act No. 3815, as amended, otherwise known as the 
Revised Penal Code, is hereby amended to read as follows: 
"Art. 361. Proof of the Truth. - In every criminal prosecution for libel, the 
truth 
OF 
THE 
IMPUTATION 
OF 
THE 
ACTS 
OR 
OMISSION 
CONSTITUTING THE CRIME may be given in evidence to the court and if 
it appears that the matter charged as libelous is true, and, moreover, that 


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it was published with good motives and for justifiable ends, the defendant 
shall be acquitted. Proof of the truth of an imputation of an act or omission 
WHETHER OR not constituting a crime [shall not be admitted, unless the 
imputation shall have been] IF made against government employees with 
re~ect to facts related to the discharge of their official duties MAY BE 
GIVEN BY THE DEFENDANT TO REBUT EVIDENCE THAT THE 
DEFAMATORY IMPUTATION WAS MADE BY HIM WITH ACTUAL 
MALICE. 
[In such cases if the defendant proves the truth of the imputation made by 
him, he shall be acquitted.]" 
SEC. 3. Repealing Clause. - All laws, decrees, orders, rules and 
regulations or other issuances or parts thereof inconsistent with the provisions of 
this Act are hereby repealed or modified accordingly. 
SEC. 4. Separability Clause. - If any portion or provision of this Act is 
declared unconstitutional, the remainder of this Act or any provision not affected 
thereby shall remain in force and effect. 
SEC. 5. Effectivity. - This Act shall take effect after fifteen (15) days 
following the completion of its publication either in the Official Gazette or in a 
newspaper of general circulation in the Philippines. 
Approved,