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Republic of the Philippines 
tENATE OF THE PHILIPPINES 
Pasay City 
SIXTEENTH CONGRESS 
First Regular Session 
S, B. No. 12.18 
introdllced by SENATOR SONNY ANGARA 
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EXPLANATORY NOTE 
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In a country where ,emocracy is primarily infringed on the freedom of speech 
and expression, in a State rhere the media is considered the fourth estate, it is a sad 
reality that existing laws on libel have not been attuned to the evolving needs of the 
people under a democratip rule and the rising importance of media in effecting 
transparency and accountatlility in governance. 
While a newspaper~an is free to share his views publicly on issues that affect 
our nation and our peopl~1 he remains unprotected from the risk of imprisonment. 
Although we recognize that socially-relevant issues must have room for open debate an 
public discussion, we do no safeguard the very people who risk their safety and career 
in order to report events th t have escaped our critical eye, circumstances that would 
have to led us to think twic before making our conclusions, and instances that would 
have made us more aware f what is more important and what is more relevant. 
It is not our intent in this proposal to downplay the importance of one's privacy 
and the right of a person to be free from public and malicious imputation of a crime, or 
of a vice, or defect, real or maginary, or circumstances tending to cause the dishonor, 
discredit or contempt of a p rson or to blacken the memory of one who is dead. But the 
penalty of imprisonment that goes with libel is, to our opinion, not commensurate to the 
act being penalized. 
The penalty of fine must be sustained, as we believe that libel must not go 
unpunished. But to impris01' a person convicted of libel might preclude him in the future 
from doing his job with zeal nd critical eye. Such person may choose not to look deeply 
into issues and concerns, w ich may seem not of public concern on face value but with 
deep investigation would extose anomalies and abuses, for fear of imprisonment. 
The imprisonment penalty of the libel should therefore be abolished in the light of 
protecting the right to spe~ch and self-expression. Such an amendment loosens the 
restraint on the free flow of information and thus fosters the growth of a free and open 
society. Socially relevant iss1ues must have room for open debate and public discussion. 
In view of the foregoi~g, passage of this bill is earnestly recommended. 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S.B. No. 1218 
Introduced by SENATOR SONNY ANGARA 
AN ACT 
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ABOLISHING THE IMPRISONMENT PENALTY FOR THE CRIME OF LIBEL, 
PRESCRIBING HIGHER AMOUNTS OF FINE AS PENALTY FOR SAME, 
AND PROVIDING THAT THE CRIME OF LIBEL 
SHALL PRESCRIBE IN SIX MONTHS, 
AMENDING FOR THESE PURPOSES ARTICLES 90, 91, 355, 356, 357 AND 
360 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN 
AS "THE REVISED PENAL CODE" 
Be it enacted in the Senate and House of Representatives of the 
Philippines in the Congress assembled: 
SECTION 1. Article 90 of Act No. 3815, as amended, is hereby amended to 
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read as follows: 
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"ART. 90. Prescription of crime. - Crimes punishable by 
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death, reclusion perpetua or reclusion temporal shall prescribe in 
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twenty years. 
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Crimes 
punishable by other afflictive penalties shall 
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prescribe in fifteen years. 
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Those punishable by a correctional penalty shall prescribe in 
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ten years; with the exception of those punishable by arresto mayor, 
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which shall prescribe in five years. 
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[The crime of libel or other similar offenses shall prescribe in 
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one year.] 
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The crime of oral defamation, LIBEL and slander by deed 
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shall prescribe in six months. 
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Light offenses prescribe in two months. 
When the penalty fixed by law is a compound one, the 
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highest penalty shall be made the basis of the application of the 
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rules contained in the first, second and third paragraphs of this 
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article." 
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SECTION 2. Article 91 of Act No. 3815, as amended, is hereby amended to 
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read as follows: 
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"ART. 91. Computation of prescription of offenses. -
The 
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period of prescription shall commence to run from the day on which 
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the crime is discovered by the offended party, the authorities, or 
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their agents, and shall be interrupted by the filing of the complaint 
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or information, and shall commence to run again when such 
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proceedings terminate without the accused being convicted or 
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acquitted, or are unjustifiably stopped for any reason not imputable 
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to him; PROVIDED, THAT FOR LIBEL, THE CRIME SHALL BE 
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DEEMED TO HAVE BEEN DISCOVERED BY THE OFFENDED 
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PARTY 
UPON 
THE 
FIRST 
PUBLICATION, 
AIRING 
OR 
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EXHIBITION OF THE LIBELOUS MATERIAL. 
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The term of prescription shall not run when the offender is 
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absent from the Philippine Archipelago." 
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SECTION 3. Article 355 of Act No. 3815, as amended, is hereby amended 
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to read as follows: 
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"ART. 355. Libel by means of writings or similar means. - A 
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libel committed 
by means of writing, 
printing, 
lithography, 
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engraving, 
radio, 
phonograph, 
painting, theatrical exhibition, 
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cinematographic exhibition or any similar means, shall be punished 
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by [prision correctional in its minimum and medium periods or] a 
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fine ranging from FIFTY THOUSAND PESOS (P50,000) TO FOUR 
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HUNDRED THOUSAND PESOS (P400,000) [200 to 6,000, or 
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both], in addition to the civil action which may be brought by the 
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offended party." 
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SEC. 4. Article 356 of Act No. 3815, as amended, is hereby amended to 
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read as follows: 
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"ART. 356. Threatening to publish and offer to present such 
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publication for compensation. - The penalty of [arresto mayor or] a 
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fine ranging from FIFTY THOUSAND PESOS (P50,000) TO TWO 
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HUNDRED FIFTY THOUSAND PESOS (P250,000) [200 to 2,000, 
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or both,] shall be imposed upon any person who threatens another 
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to publish a libel concerning him or the parents, spouse, child, or 
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other members of the family of the latter, or upon anyone who shall 
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offer to prevent the publication of such libel for a compensation or 
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money consideration." 
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SEC. 5. Article 357 of Act No. 3815, as amended, is hereby amended to 
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read as follows: 
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"ART. 357. Prohibited publication of acts referred to in the 
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course of official proceedings. - The penalty of [arresto mayor or] a 
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fine from FIFTY THOUSAND PESOS (P50,000) TO TWO 
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HUNDRED FIFTY THOUSAND PESOS (P250,000) [200 to 2,000 
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pesos, or both,] shall be imposed upon any reporter, editor, or 
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manager of a newspaper, daily or magazine, who shall publish 
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facts connected with the private life of another and offensive to the 
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honor, virtue, and reputation of said person, even though said 
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publication be made in connection with or under the pretext that it is 
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necessary in the narration of any judicial or administrative 
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proceedings wherein such facts have been mentioned. 
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SEC. 6. Article 360 of Act No. 3815, as amended, is hereby amended to 
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read as follows: 
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"ART. 360. Persons responsible. - [Any person who shall 
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publish, exhibit, or cause the publication or exhibition of any 
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defamation in writing or by similar means,] THE AUTHOR OF THE 
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PRINTED ARTICLE OR ANY PERSON WHO SHALL CAUSE THE 
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EXHIBITION OF THEATRICAL OR CINEMATOGRAPHIC EXHIBIT 
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CONTAINING DEFAMATORY WORDS shall be responsible for the 
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same. [The author or editor of a book or pamphlet, or the editor or 
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business manager of a daily newspaper, magazine or serial 
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publication, shall be responsible for the defamations contained 
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therein to the same extent as if he were the author thereof.] 
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SEC. 7. All provisions of existing laws, orders, rules and regulations 
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contrary to or inconsistent with this Act are hereby repealed or modified 
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accordingly. 
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SEC. 8. This Act shall take effect after fifteen (5) days following its 
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publication in the Official Gazette or in at least two (2) newspapers of general 
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circulation. 
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Approved, 
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