Republic of the Philippines
HOUSE OP REPRESENTATIVE:
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

: House Bill 8422

Introduced by AKBAYAN Representatives
Ibarra “Barty” M. Gutierrez III and Walden F, Bello

EXPLANATORY NOTE

Libel is defined under the Revised Penal Code (Act No. 3815) as “a public and malicious

imputation of a crime, or of a vice or defect, real or imaginary, or any act, omis

ion,
condition, status, or circumstance tending to cause the dishonor, discredit, or contempt
of a natural or juridical person, or to blacken the memory of one who is dead.” The
elements of libel are, thus, (1) imputation of a discreditable act or condition to another,
Q publication of the imputation, (6) identity of the person defamed, and (4) existence of

malice.

‘The publication requirement for a prosecution for libel has been and continues to be
used as a means to curtail freedom of expression, and is evidenced by the notoriously

immense record of libel cases filed with Philippine courts.

Freedom of expression is one of the most revered freedoms enshrined in the 1987

Philippine Constitution.As provided by Article 10, Section 4:

“No law shall be passed abridging 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.”

‘This is further reinforced by the Uniled Nations? International Covenant on Civil and Political
Rights to which the Philippines is a signatory, In its Article 19, the ICCPRexplicity states

that:


“1. Everyone shall have the right to hold opinions without

interference.

Everyone shall have the right to freedom of expression; this
right shall include freedom to seek, receive and impart
information and ideas of all kinds, regardless of frontiers, either
orally, in writing or in print, in the form of art, or through any
other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this
article carries with it special duties and responsibilities. It may
therefore be subject to certain restrictions, but these shall only
be such as are provided by law and are necessary:

4) For respect of the rights or reputations of others;

b) For the protection of national security or of public order, or

of public health or morals.”

Libel is a custailment of our fundamental human right to freely express ourselves,

Observations by the United Nations Human Rights Committee, as declared in a

comment in October 2011, show that the ctiminal sanction for libel in the Philippines is

unreasonable and excessive, and is incompatible with the ICCPR.

Pursuant to the responsibility of the State to uphold the IGCPR, and mote importantly,
the Bill of Rights, this bill aims to remove the penal sanctions for libel, The State is
mandated to protect the rights and liberties of its people, and decriminalizing libel is a

step towards promotion and appreciation of the right to freedom of expression.
Private offended parties may still bring civil actions against those who they feel have
‘maligned them under Article 19 and 26 of Republic Act No. 386, otherwise known as the
“Civil Cade of the Philippines.”

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

is WY

1B: “BARRWSM. QUTIERREZ IIL WALDEN F. BELLO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

3422

House Bill No.

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez III and Walden F, Bello

AN ACT
DECRIMINALIZING LIBEL, AMENDING FOR THIS PURPOSE ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND
FOR OTHER PURPOSES

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

1 SECTION 1, Shore title —This Act shall be known as the “Decriminalization of Libel Aol.”

2

3 SECTION 2, Article 355 of Act No. 3815, otherwise known as the Renised Penal Code, as
4 amended, is hereby amended to read as follows

5

6 “Article 555.Libel by means of writings or similar meant.—A libel committed
7 by means of writing, printing, lithography, engraving, radio, phonograph,
8 painting, theatrical exhibition, cinematographic exhibition, or any similar
9

10
i y
12 pattyshall_constitute a sufficient cause of action for a civil suit to be
15) brought by the offended party.”
14

15 SECTION 3. Article 360 of Act No. 3815, otherwise known as the Revised Penal Code, as

16 amended, is hereby amended to read as follows:


Sear Aawaeune

19
20
24
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24
25
26
27
28
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3
32
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“Article 360. Persons responsible. ~ Any person who shall publish, exhibit, or
cause the publication or exhibition of any defamation in writing or by

similar means, shall be responsible for the same

‘The author or editor of a book oF pamphlet, o 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.

The eriminal-and civil action for damages in cases of written defamations

as provided for in this chapter, shall be filed simaltaneously-or-separately
with the appropriate inferior courteout-of-fiestinstenee of the province
or city where the libelous article is printed and first published or where
any of the offended parties actually resides at the time of the commission
of the offense~Provided;-however,-Fhat-where-one-of-the-offended
F ; whose office iv-in-the- Ciy-of Manila atthe-time



2 previds pier shall be-condueted- by the-p A
3 Siseal-of-the-p: or by th pat he-eity-or
4 i P fh fh ot 3 aoe
5 wt

6

7 4 A Jhich-consists-in-the-imputs

8 crime which-cannot-be proseeuted-de officio shall-be-brouphtexeepe tt
9 ‘the-instance—of-and-upon-complaint-expressly filed Mend
10 party.”

iT

12 SECTION 4. Articles 356 and 357 of Act No, 3815, otherwise known as the Revised Penal

13 Code, which read as:

14

5 “Article 356. Threatening to publish and offer to present such publication for a
16 compensation—The penalty of arrestomayor or a fine of fom 200 to 2,000
7 pesos, or both, shall be imposed upon any person who threatens another
18 to publish a libel concerning him or the patents, spouse, child, or other
19 members of the family of the latter, or upon anyone who shall offer to
20 prevent the publication of such libel for a compensation or money
ai consideration.”

22

3 “Article 357. Prohibited publication of ats refered to in the course of official
24 proceedings —The penalty of amstomayor ot a fine of from 200 to 2,000
25 pesos, of both, shall be imposed upon any reporter, editor, or managet
26 of a newspaper, daily or magazine, who shall publish facts connected
27 with the private life of another and offensive to the honor, virtue, and
28 reputation of said person, even though said publication be made in
29 connection with or under the pretext that it is necessary in the narration
30 of any judicial or administrative proceedings wherein such facts have
31 been mentioned.”

32

33. are hereby repealed.

34


Faarey

SECTION 5.Retroactive effect —All pending criminal cases, and accompanying civil cases, if
any, for a violation of Articles 355, 360, 356 and 357 of the Revised Penal Code shall be dismissed

upon the effectivity of this Act.

Pursuant to Section 22 of the 1987 Philippine Constitution prohibiting the enactment of ex-post facto
laws or bills of attainder and to Article 22 of the Revised Penal Code, the provisions of this Act
shall have retroactive effect insofar as they are favorable to the person charged or convicted
under Articles 355, 360, 356 and 357 of the Revised Penal Cade, who is not a habitual criminal, as
defined in Rule 5 of Article 62 of the said Code, even if at the time of the publication of this Act a
final sentence has been pronounced and the convict is serving the same. Therefore, all persons
serving sentence for a violation of Article 355, 360, 365 and 357 of the Revised Penal Code shall be
immediately released upon the effectivity of this Act: Provided, That they are not serving sentence

or detained for any other offense or felony.

SECTION 3. Separability clause —If any part, section or provision of this Act is held invalid

‘or unconstitutional, other provisions not affected thereby shall remain in full force and effect.

SECTION 4. Repealing clause—All laws, decrees, orders, rules and regulations or other
issuances, particularly that of the Renised Penal Cade, which are inconsistent with the provisions of
this Act, are hereby repealed, amended, or modified accordingly. Articles 355 and 360 of the
Revised Penal Code are amended. Articles 356 and 357 of the Revised Penal Code are repealed.

SECTION 5. Effectivity—This Act shall take effect fifteen (15) days after the completion of

its publication in the Official Gazette or in two (2) newspapers of general circulation

Approved,