FOURTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
1 
7 JUN 30 
/ 
First Regular Session 
) 
) 
~ 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
This bill seeks to abolish the penalty of imprisonment in libel cases and to impose a 
higher fine instead to discourage if not totally deter the commission of the crime of libel. 
Libel is defined under'Article 353 of the Revised Penal Code 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 one who is dead.". To be liable for libel, the 
following elements must be shown to exist: (a) the allegation of a discreditable act or condition 
concerning another; (b) publication of the charge; (c) identity of the person defamed; and (d) 
existence of malice. 
An allegation made by a person against another is considered defamatory if it ascribes to 
the latter the commission of a crime; the possession of a vice or defect, whether real or 
imaginary; or any act, omission, condition, status or circumstance which tends to dishonor or 
discredit or put him in contempt, or which tends to blacken the memory of one who is dead. 
There is publication if the defamatory material is communicated to a third person, i.e., a person 
other than the person to whom the defamatory statement refers. And there is malice if the 
author of the libelous remarks made such remarks with knowledge that it was false or with 
reckless disregard as to the truth or falsity thereof. 
At present, a person guilty of committing libel is penalized with imprisonment ranging 
from arresfo mayor or one month and one day to 6 months, to pricion correctional or 6 months and 
one day to six years, aside frml the fine ranging from P200 to P6,OOO. 
While the penalty of fine must be sustained, for no crime should go unpunished, 
imposing a penalty of imprisonment will work more to discourage members of the media to 
perform their duties with zeal and vigilance. Instead of looking deeply into issues that have a 
potential of affecting public interest and general welfare, the penalty of imprisonment has 
paved the way for members of the media to approach their mandates with doubts and 
hesitation. We cannot have that in a country where democracy is primarily infringed on the 
freedom of speech and of expression, and where media is considered the Fourth Estate. 
Although this bill abolished the penalty of imprisonment, it has increased the amount of 
the fine imposed to allow the law to accomplish its purpose of penalizing libel and deterring 
would be violators. 
In view the foregoing, the immediate passage of this bill is earnestly requested. 
Senator 


7 
JUW 30 Pd 
1 
FOURTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
) 
Introduced by Senator Loren Legarda 
AN ACT 
TO ABOLISH THE PENALTY OF IMPRISONMENT IN LIBEL CASES, 
AMENDING FOR THE PURPOSE ARTICLES 355,357, 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 
follows: 
”ART. 355. Libel by means of zuritings or similar means. - A libel comniitted by 
means of writing, printing, lithography, engraving, radio, phonograph, 
painting, theatrical exhibition, cinematographic exhibition, or any similar 
means, shall be punished by [prision correccional in its minimum and medium 
periods or ] a fine ranging from [200 TO 6,000, or both] ONE HUNDRED 
THOUSAND PESOS (100,000 Php) TO THREE HUNDRED THOUSAND 
PESOS (300,000 Php), in addition to the civil action which may be brought by 
the offended party.” 
THE PROVISIONS OF ARTICLES 90 AND 91 TO THE CONTRARY 
NOTWITHSTANDING, 
THE 
CRIME 
OF 
LIBEL 
AND 
THE 
CORRESPONDING PENALTY IMPOSED ABOVE SHALL PRESCRIBE IN 
SIX (6) MONTHS COUNTED FROM THE DATE OF THE FIRST 
PUBLICATION, 
AIRING 
OR 
EXHIBITION OF THE 
LIEBLOUS 
MATERIAL. 
SECTION 2. Article 356 of Act No. 3815, as amended, is hereby amended as 
”ART. 356. Threatening to publish and offer fo present such publication for a 
compensation, - The penalty of [arresto mayor or] a fine ranging from [200 to 
2,000,] 
FIFTY THOUSAND PESOS (50,000 Php) to ONE HUNDRED 
THOUSAND PESOS (100,000 Php) [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.” 
follows: 


SECTION 3. Article 357 of the same Act is likewise amended to read as follows: 
"ART. 357. Prohibited publication of acts re$wed 
to in the course of ojjicial 
proceedings. - The penalty of [awesto rnayov OY] a fine from [200 to 2,000 
pesos, or both,] ONE HUNDRED THOUSAND PESOS (100,000 Php) TO 
THREE HUNDRED THOUSAND PESOS (300,000 Php) [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 THE 
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, PROVIDED SAID DEFAMATORY 
ARTICLE PASSED THROUGH SAID PUBLISHER, EDITOR OR 
BUSINESS MANAGER FOR EDITING AND REQUIRED THE 
LATTER'S APPROVAL FOR PUBLICATION." 
SEC. 5. Separability Clause. - If any provision of this Act is declared invalid, the 
remainder of this Act or aqy provision not affected thereby shall remain in force and 
effect. 
SEC. 6. Repealing Clause. - All laws, presidential decrees, executive orders and 
their implementing rules,' inconsistent with the provisions of this act are hereby 
repealed, amended or modified accordingly. 
SEC. 7. Efectivity. - This Act shall take effect fifteen (15) days after its publication 
in at least two (2) national newspapers of general circulation. 
Approved,