Fifteenth Congress ofthe Republic 
Of the Philippines 
Second Regular Session 
) 
) 
) 
SENATE 
S. B. No. 3080 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
'11 
NOV 29 P 6 :41 
The past several years have witnessed the proliferation of a special kind of harassment 
suit called Strategic Lawsuits against Public Participation (SLAPP) as a powerful 
mechanism for stifling the cognate rights of freedom of speech, expression, or of the 
press, and the right of the people peaceably to assemble and petition the government for 
redress of grievances. 
SLAPPs defy simple definition. They are initiated by influential entItIes like 
corporations, government officials, politicians, landlords, or employers against 
community residents, indigenous peoples, environmentalists, members of the press, 
peasants, workers, students, or even against ordinary citizens to prevent them from fully 
exercising their right to participate in matters of public concern. 
The term SLAPP was coined in the 1980s by University of Denver professors Penelope 
Canan and George W. Pring. It was originally defined as "a lawsuit involving 
communications made to petition for a governmental action or outcome, which resulted 
in a baseless suit filed against individuals or non-governmental organizations, on a 
substantive issue of some public interest or social significance." It has since been defined 
more broadly to include suits arising from speech on any public issue. 
Essentially, SLAPPs are designed and intended to intimidate and silence certain public 
constituencies by burdening them with the cost of a legal defense until they abandon their 
advocacies and concerns. Winning the lawsuit is not necessarily the intent of the plaintiff 
or complainant. Their goals are accomplished if the defendant, respondent or accused 
succumbs to fear, intimidation, mounting legal costs or simple exhaustion and thereby 
abandons the public advocacy. 
According to New York Supreme Court Judge J. Nicholas Colabella, "Short of a gun to 
the head, a greater threat to First Amendment expression can scarcely be imagined." 
SLAPPs are cloaked as claims or accusations for multi-million libel suits, slander, grave 
coercion, nuisance, illegal assembly, direct assault, resistance and disobedience, and 
injunction, to name a few. 
For all the diversity of SLAPPs, however, their unirying features make them a dangerous 
force: they are brought not in pursuit of justice, but rather to ensnare their targets in 
costly litigation that distracts them from the controversy at hand, and to deter them and 
others from engaging in their rights of speech and petition on issues of public concern. 
Hence, the poor and the marginalized sectors, who have become the usual victims of 
SLAPPs, find it difficult to continue their work or pursue their livelihood, engage in 
social and participative actions, and assert their civil, political, economic, social, and 


cultural rights as they are being burdened, restrained, threatened, or distressed by 
SLAPPs. 
In short, even if the judiciary and the rules of court lives up to its declaration to fairness 
and equality for all, it cannot provide substantial justice to those that are already 
hampered by lack of resources, lack of lawyers, and disempowerment even before they 
file their first pleading under a system where laws favor the rich and other vested 
economic interests. Levelling "the playing field" requires more than equal footing for 
both parties where one party comes from the marginalized and underrepresented sectors. 
The inequality of wealth and resources between the rich and the poor, the abuse of power 
and processes, the lack of independence and impartiality of prosecutors and judges, 
among other reasons, bring about these SLAPPs. 
In other jurisdictions, particularly in Canada, Europe, and twenty-six (26) States and one 
(1) territory of the Unites States, to name a few, the disturbing increase in SLAPPs has 
led said jurisdictions to either enact anti-SLAPP legislations or promulgate rules against 
SLAPPs. 
Hence, this proposed measure is being filed as a concrete step to address the societal 
problems caused by SLAPPs in the Philippines, particularly the achievement of the 
following purposes: 
( a) Promote and protect the constitutional rights of freedom of speech, expression, 
and of the press, and the right of the people peaceably to assembly, and petition 
the government for redress of grievances; 
(b) Encourage and strengthen the participation of individuals in matters of public 
concern; 
(c) Prevent any abuse of the judicial process that shall curtail such participation; 
(d) Prohibit the filing of SLAPPs; 
(e) Establish the speedy dismissal of SLAPPs; 
(f) Award damages, litigation costs, attorney's fees, and other relief to the defendant, 
respondent, or accused, as the case may be, upon the final and executory dismissal 
of SLAPPs; and 
(g) Provide the defendant, respondent, or accused, as the case may be, the right to 
recover separate damages, litigations costs, attorney's fees, and other relief by 
filing a SLAPP Back action against the complainant of a SLAPP upon the final 
and executory dismissal of such SLAPP. 
It is in this light that the approval of this proposed measure is earnestly sought. 
G REVILLA, JR. 


Fifteenth Congress of the Republic 
Of the Philippines 
Second Regular Session 
) 
) 
) 
SENATE 
S. B. No. 30 8 0 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
'11 
NOV 29 P 6 :41 
DEFINING STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION, 
PROHffiITING THE FILING THEREOF, PROVIDING MEASURES 
FOR ITS DISMISSAL, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House o/Representatives o/the Philippines in Congress 
assembled: 
Section 1: Title. - This Act shall be known as the "Anti-Strategic Lawsuits 
Against Public Participation Act 0/2011" or the "Anti-SLAPP Act 0/2011 ". 
Sec. 2. Statement 0/ Policy. - It is the declared policy of the State to promote and 
protect the freedom of speech, expression, and of the press, and the right of the people 
peaceably to assemble, and petition the government for redress of grievances. The State 
hereby finds and declares that it is in the public interest for people to participate in 
matters of public concern and provide information to the public on issues that affect 
them, and that this participation should not be impeded through abuse of the judicial 
process. Thus, lawsuits that are intended to harass, vex, or silence critics or individuals or 
groups, or exert undue pressure on them, or deplete their resources, thereby deterring 
them from fully exercising such constitutional rights shall not be allowed. To this end, 
this Act shall be construed broadly in favor of the exercise of such constitutional rights. 
Sec. 3. Purposes. - The purposes of this Act shall be the following: 
1. Promote and protect the constitutional rights of freedom of speech, expression, 
and of the press, and the right of the people peaceably to assembly, and petition 
the government for redress of grievances; 
2. Encourage and strengthen the participation of individuals in matters of public 
concern; 
3. Prevent any abuse of the judiCial process that shall curtail such participation; 
4. Prohibit the filing of SLAPPs; 
5. Establish the speedy dismissal of SLAPPs; 
6. Award damages, litigation costs, attorney's fees, and other reliefto the defendant, 
respondent, or accused, as the case may be, upon the final and executory dismissal 
of SLAPPs; and 
7. Provide the defendant, respondent, or accused, as the case may be, the right to 
recover separate damages, litigations costs, attorney's fees, and other relief by 
filing a SLAPPback action against the complainant of a SLAPP upon the final and 
executory dismissal of such SLAPP. 
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Sec. 4. Definition of Terms. - For purposes of this Act, the following terms shall 
be defined as follows: 
1. "Strategic Lawsuit Against Public Participation" or SLAPP includes any civil 
complaint, counter-claim, cross-claim, third (fourth, etc.) - party complaint, or 
complaint-in-intervention, criminal complaint or information, or administrative 
complaint filed against individual or individuals, groups, labor unions, entity or 
associations, community residents, or the like by reason or arising out of their 
exercise of freedom of speech, expression, or of the press, or of the right of the 
people peaceably to assemble, or petition the government for redress of 
grievances in matters of public concern, and is intended to harass, vex, or silence 
individual or individuals, groups, labor unions, entity or associations, community 
residents, or the like, or exert undue pressure on them, or deplete their resources. 
2. "Public Concern" means anything that involves matters of public, social, or 
community issue, significance, interest, importance, or welfare. 
3. "Claim" means any civil complaint, counter-claim, cross-claim, third (fourth, 
etc.) - party complaint, or complaint-in-intervention. 
4. "Plaintiff' refers to the claiming party, the counter-claimant, the cross-claimant, or 
the third (fourth, etc.) - party plaintiff. 
5. "Defendant" refers to the original defending party, the defendant in counter-
claim, the cross-defendant, or the third (fourth, etc.) - party defendant. 
6. "SLAPPback" means an action for damages filed by the defendant, respondent, or 
accused, as the case may be, of a SLAPP against the plaintiff or complainant 
thereof arising from the final and executory dismissal ofthe said SLAPP. 
Sec. 5. Prohibition on Strategic LtnVsuits Against Public Participation. - It is 
hereby prohibited to file a Strategic Lawsuit Against Public Participation (SLAPP) as 
defined in this Act. The courts, prosecutors and public or private officer, as the case may 
be, with the duty to act and decide on civil, criminal or administrative complaint or 
information, as the case may be, shall immediately order the dismissal of suits 
determined by them to be SLAPPs. 
Sec. 6. Duty of the Court. - Upon receipt of any complaint or pleading asserting a 
claim or any complaint or information, the court shall have the duty to immediately make 
a determination whether the same is a SLAPP. 
If the court finds the same to be a SLAPP, it shalt order its dismissal and award to 
the defendant or accused, as the case may be, damages, litigation costs, attorney's fees, 
and other relief as warranted by the circumstances of the case. 
Subject to the right of appeal, an order dismissing the complaint or pleading 
asserting a claim determined to be a SLAPP shall bar the refilling of the same action or 
claim, and an order dismissing the complaint or information determined to be a SLAPP 
shall bar another prosecution for the same offense. 
(a) Motion to Dismiss. - In civil cases, the duty of the court to make such 
determination does not preclude the defendant from filing a motion to dismiss on the 
ground that the complaint or pleading asserting a claim is a SLAPP. Such ground shall 
not be deemed waived even if not included in a motion to dismiss. 
2 


(b) Motion for Judicial Determination. - In criminal cases, the duty of the court 
to make such detennination does not preclude the accused from filing a motion for 
judicial determination of the complaint or information as a SLAPP within a reasonable 
period of time upon the receipt of the complaint or infonnation by the court. 
Sec. 7. Duty of the Prosecutor. - Upon receipt of any complaint, or in the 
conduct of inquest proceedings of a person validly arrested without a warrant, the 
investigating or inquest prosecutor, as the case may be, shall have the duty to 
immediately make a detennination whether the complaint is a SLAPP. If the 
investigating or inquest prosecutor, as the case may be, finds the same to be a SLAPP, he 
shall order its dismissal. Subject to the right of appeal, an order dismissing the complaint 
detennined to be a SLAPP shall bar another prosecution for the same offense. 
(a) Motionfor Determination. - The duty of the investigating prosecutor to make 
such determination does not preclude the respondent from filing a motion for 
determination of the complaint as a SLAPP prior to the submission of his counter-
affidavit and that of his witnesses and other supporting documents relied upon for his 
defense. 
(b) Release for Further Investigation. - If the inquest prosecutor is not certain 
whether the complaint is a SLAPP but that there is a possibility that the same may be a 
SLAPP as reasonably shown during the inquest proceedings by the person arrested, the 
inquest prosecutor shall order the further investigation of the same, and the immediate 
release of the person arrested. 
The duties of the investigating prosecutor and the rights of the respondent as 
stated in this section shall be performed and observed with in the conduct of such further 
investigation. 
Sec. 8. Administrative Cases. - In every administrative case, whether in the 
public or private sector, the public or private officer, as the case may be, having the duty 
to decide the complaint shall have the duty to immediately make a detennination whether 
the same is a SLAPP. 
In case of a public officer, ifhe finds the same to be a SLAPP, he shall order its 
dismissal and award to the respondent damages, litigation costs, attorney's fees, and other 
relief as warranted by the circumstances of the case. 
In case of a private officer, if he finds the same to be a SLAPP, he shall order its 
dismissal. 
Subject to the right of appeal, an order dismissing the complaint detennined to be 
a SLAPP shall bar the refilling of the same complaint. 
The duty of the public or private officer, as the case may be, to make such 
detennination does not preclude the respondent from filing a motion to dismiss on the 
ground that the complaint is a SLAPP. 
Sec. 9. Non-applicability to action involving public interest. - The right to file 
such motion to dismiss OT motion fOT determination, as the case may be, shall not be 
applicable against any action brought solely and certainly in the public interest or 
involving public concern. 
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Sec. 10. Right to file legal action and recover separate damages, litigation costs, 
attorney's fees, and other reliefs. - Upon the final and executory dismissal of a SLAPP, 
the defendant, respondent, or accused thereof, as the case may be, shall have the right to 
file a SLAPPback, as defined in Section 4 (f) hereof, for damages against the plaintiff or 
complainant, as the case may be, of the SLAPP, and recover separate damages, litigation 
costs, attorney's fees, and other relief as warranted by the circumstances of the case. 
The court shall consider only the fact of the final and executory dismissal of the 
SLAPP in granting the right to file legal action. Provided, That the court shall consider 
the circumstances of the case in the determination of the amount of damages, litigation 
costs, attorney's costs, and other relief that shall be awarded to the plaintiff thereof. 
Sec. 11. Motion to dismiss SLAPPback. - The defendant in a SLAPPback action 
may file a motion to dismiss a SLAPPback action on the ground that the dismissal of the 
SLAPP from which the former arises is not final and executory, among other grounds 
that may be available upon the defendant under the Rules of Court. 
Provided, That if the motion to dismiss a SLAPPback action on any ground is 
found to be frivolous or solely intended for delay, the court shall deny the motion and 
award to the plaintiff damages, litigation costs, attorney's fees, and other relief as 
warranted by the circumstances of the filing and denial of the motion. Provided further, 
That the same are separate from the damages, litigation costs, attorney's fees, and other 
relief that shall be awarded to the plaintiff in the SLAPPback action upon the favorable 
judgment therein becoming final and executory. 
Sec. 12. Prohibition of Appeal. - The denial of (a) a motion to dismiss on the 
ground that the complaint or pleading asserting a claim is a SLAPP, (b) a motion for 
determination of the complaint or information as a SLAPP, or (c) a motion to dismiss a 
SLAPPback action on the ground that the dismissal of the SLAPP is not final and 
executory, is not appealable. Provided, that the movant may file an appropriate special 
civil action under Rule 65 of the Rules of Court. 
Sec. 13. Rules and Regulations. - The Supreme Court shall promulgate the rules 
and regulations, administrative orders, and circulars for this purpose. 
Sec. 14. Repealing Clause. - All laws, acts, decrees, executive orders, issuances, 
and rules and regulations or parts thereof which are contrary to and inconsistent with any 
provisions of this Act are hereby repealed, amended or modified accordingly. 
Sec. 15. Separability Clause. - If any provision of this Act is subsequently 
declared unconstitutional, the validity of the remaining provisions hereof shall remain in 
full force and effect. 
Sec. 16. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
complete publication either in the Official Gazette or in a newspaper of general 
circulation in the Philippines. 
Approved, 
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