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HOUSE OF REPRE

RECEIVED

Republic of the Philippines
HOUSE OF REPRESENTATIVE:
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

PreISTRA TON UNIT

HOUSE BILLNoLO08 | Bus ano invex sievick

Introduced by BAYAN MUNA Rep. CARLOS ISAGANI T. ZARATE.

AN ACT DECRIMINALIZING LIBEL,
REPEALING FOR THE PURPOSE ARTICLES 353, 354, 355, 356, 357, 360, 361, AND
362 OF ACT NO. 3815 AS AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE

EXPLANATORY NOTE

‘The Constitution guarantees freedom of expression and freedom of the press. Specifically,
Section 4, Article III of our fundamental law, in part, provides that “(NJo law shall be passed
abridging the freedom of speech, of expression, ot of the press...”

Notwithstanding this present constitutional fiat, the law on libel which was enacted during the
American colonial regime by the United States Philippine Commission as Act No. 277 on
October 24, 1901, and which clearly obviates these fundamental rights, continues to be
enshrined in our penal statutes under Article 353 to Article 362 of the Revised Penal Code.

Accordingly, our libel law was enacted to protect private citizens from unwarranted damage to
reputation. Today, however, the law has been increasingly used by public officials as a tool to
cow and muzzle an independent press. Indeed, the law is meant to shield the subjects of
reporting and comment from media abuse. Yet, it has become the convenient and predominant
way for those in power to harass and silence critical and opposing voices. In the advent of the
passage of R.A. 10175 or the Cybercrime Law of 2012, which made reference to Art. 355 of the
Revised Penal Code punish cyber libel, the threat to our peoples’ right to free expression and
free press has even become more serious and real.

‘The growing number of cases filed against journalists highlights how the mighty and the
powerful in our land regularly abuse the libel law to curtail the democratic right of the press to
delve into the truth behind matters of public interest, and consequently, the people's right to
know.

‘Truly, the libel law has been increasingly used to stifle press freedom and inhibit media criticism
of government officials, employees and public figures, as well as their acts and decisions.
Journalists critical of government officials or government acts and decisions speak or write under
the threat of criminal prosecution, a Sword of Damocles. ‘The net effect of this abuse of the libel
law by the powers-that-be is the gagging of media practitioners, the suppression of the truth

NTATIVES

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from becoming public, the exercise of prior restraint and the resulting inability of the people to
gain a meaningful understanding of the various public issues that are of paramount concern.

‘As patt of its sworn duty to uphold and strengthen the democratic rights of the Filipino people,
Congress should now repeal the law on libel in order for the press to enjoy the free exercise of
its duties and function, and as a corollary, for the people to have an unfettered access to
information involving matters of public concern.

It must be stressed that a free press is an essential component of a democratic society. A free
press ferrets out graft and corruption wherever it may occur and exposes its perpetrators, reveals
dishonest and inept administration, contributes to the exchange of ideas, and advances
‘communication between the governed and those who govern. In other words, a free press acts
as the watchdog for the governed.

Decriminalizing libel, then, will remove much of its potency as an instrument to intimidate and
harass. It will allow journalists to do their work without fear of being jailed because of criminal
complaints by those who are offended by their reporting. Without doubt, the dectiminalization
of libel is a step in favor of freedom of speech, of expression, and of the press.

Decriminalizing libel is also in accord with the October 2011 declaration of the United Nations
Human Rights Committee (UNHRC), which states that the criminal sanction for libel in the
Philippines is “excessive” and in violation of the International Covenant on civil and Political
Rights (ICCPR) in which the Philippines is a signatory.

‘The UNHRC asked the Philippine government to review its libel law because it is incompatible
with Article XIX, paragraph 3 of the ICCPR. ‘The UNHRC reiterated that “States parties should
consider the decriminalization 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.”

However, this does not mean that a person who has indeed been libeled by the media can no
longer seek redress for the wrong done against him or act to enforce his right. ‘The victim has the
remedy of filing an action for damages based on the Civil Code of the Philippines, such as
“Article 19, Article 26, and other related provisions thereof.

‘A media practitioner may be held civilly liable for damages if he/she violates Article 19 of the
Civil Code which enjoins him/her to act with justice and to observe honesty and good faith
when exercising his/her rights and while performing his/her duties.

On the other hand, Article 26 of the Civil Code should remind the media of their duty to respect
the dignity, personality, privacy, and peace of mind of others, otherwise, they may be held civilly
liable for damages for violations thereof.

‘The repeal of the libel law, without derogating the right of a person to enjoy privacy, dignity,
good reputation and a peace of mind, will be a big step towards strengthening democracy in our
land, when freedom of expression shall be enshrined not just in books but more so in practice.

This bill was filed during the 14" Congress by Bayan Muna Representatives led by Rep. Satur
Ocampo. It was refiled during the 15" Congress. During the 16" Congress, the bill was refiled as


House Bill No. 3742 by Bayan Muna Representatives Carlos Isagani T. Zarate and Neri J.
Colmenares. It is again being refiled in the 17° Congress with high hopes that Congress will
finally recognize the ever-growing need to protect press freedom and uphold the people's
democratic rights.

‘Thus, the approval of this bill is earnestly sought.

Approved,

os

Bayan Muna Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

1008

HOUSE BILL No.

Introduced by BAYAN MUNA Rep. CARLOS ISAGANI T. ZARATE

AN ACT DECRIMINALIZING LIBEL,
REPEALING FOR THE PURPOSE ARTICLES 353, 354, 355, 356, 357, 360, 361, AND
362 OF ACT NO. 3815 AS AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
SECTION 1. Articles 353, 354, 355, 356, 357, 360, 361, and 362 of Act No. 3815 as
amended, otherwise known as the Revised Penal Code ate hereby repealed thereby

decriminalizing libel.

SECTION 2. All laws, presidential decrees, letters of instruction, and other issuances,
orders, rules and regulations inconsistent with this Act are hereby likewise repealed.

SECTION 3. This Act shall take effect fifteen (15) days after its publication in two (2)
national newspapers of general circulation.

Approved,