FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
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Introduced by Senator Richard J. Gordon 
EXPLANATORY NOTE 
We live in a society that holds paramount the rights of freedom of speech, of 
expression and of the press. Article 111 Section 4 of the Constitution clearly states 
that: "No law shall be passed abridging the 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." 
While the Constitution seems to preclude any exceptions to the exercise of 
the freedoms of speech, expression and of the press, our courts have ruled that 
these constitutional freedoms are not absolute. Indeed, while our society accords 
immense value on freedom of expression and speech, our laws also recognize the 
likewise legitimate need of the individual to protect and defend himself where the 
exercise of these otherwise constitutional freedoms unduly injure or compromise a 
person's good name or standing in the community. 
Among these valid exceptions are the laws on libel as defined in Act No. 
3815, as amended, otherwise known as the Revised Penal Code. 
Article 353 of the Code defines libel 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 the dead. Libel laws are classified as 
crimes against honor, which seek to protect an individual against unjust attacks 
against the character and reputation of his person. 
Article 354 of the same Code presumes malice, as a general rule, in every 
defamatory imputation, without regard to its truth or falsity. The person accused of 
libel is required to prove that the imputation was made with good intentions and 
justifiable motives. Exceptions to this are private communications and fair comment. 
It is the author's belief that the current political climate demands the 
recognition of legitimate expressions of public opinion as an additional exception 
under Article 354 of the Code, Discussions of matters of public concern and 
criticisms of official conduct should be considered privileged, i.e. not presumed to be 
malicious even though they may be defamatory. In other words, the prosecution 
must show that the accused acted with malice in order to prove guilt. 


This bill aims to strike a balance the two legitimate, albeit clashing, social 
interests of between freedom of expression and the freedom or right of the individual 
to protect honor and person, by proposing that the act of political libel be 
differentiated from private libel. The bill specifically introduces amendments to Article 
354 and 361 of the Revised Penal Code, to the end that different penalties may be 
imposed upon political libel and private libel. 
As an eminent US jurist said: "The life of the law is not logic, but experience." 
In proposing this bill, we are mindful of our collective experience as a people and as 
a society in crafting laws that will be for the be 
all. For this purpose, the 
passage of this bill is earnestly sought. 
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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
SENATE 
S.No. 2108 
Introduced by Senator Richard J. Gordon 
AN ACT 
PRESCRIBING DIFFERENT PENALTIES FOR POLITICAL AND PRIVAT€ LIBEL, 
AMENDING ARTICLE 354 AND 361 OF ACT NO. 3815, AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE, FOR THIS PURPOSE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 354 of Act No. 3815, as amended, otherwise known as 
the Revised Penal Code, is hereby amended to read as follows: 
"Art. 354. Requirement of Publicity AND MALICE. - Every 
defamatory imputation PUBLICLY MADE is presumed to be malicious 
even if it be true, if no good intention and justifiable motive for making 
it be shown, except in the following cases: 
1. A private communication made by any person to another in 
the performance of any legal, moral or social duty; [and] 
2. A fair and true report, made in good faith, without any 
comments or remarks, of any judicial, legislative or other official 
proceedings which are not of confidential nature, or of any statement, 
report or speech delivered in said proceedings, or of any other act 
performed by public officers in the exercise of their functions; AND 
3. ANY DISCUSSION OF ANY MATTER OF PUBLIC 
CONCERN OR CRITICISM OF OFFICIAL CONDUCT OR THE 
CONDUCT OF PUBLIC FIGURES, UNLESS SUCH MATTER IS 
SHOWN BY THE PROSECUTION TO BE FALSE OR TO HAVE 
BEEN MADE BY THE DEFENDANT KNOWING ITS FALSITY OR 
WITH RECKLESS DISREGARD OF WHETHER IT IS TRUE OR 
NOT." 


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Sec. 2. Article 361 of Act No. 3815, as amended, otherwise known as the 
Revised Penal Code, is hereby amended to read as follows: 
"Art. 361. Proof of the Truth. - In every criminal prosecution for 
libel, the truth OF THE IMPUTATION OF THE ACTS OR OMISSION 
CONSTITUTING THE CRIME may be given in evidence to the court 
and if it appears that the matter charged as libelous is true, and, 
moreover, that it was published with good motives and for justifiable 
ends, the defendant shall be acquitted. 
Proof of the truth of an imputation of an act or omission 
WHETHER OR not constituting a crime [shall not be admitted, unless 
the imputation shall have been] IF made against government 
employees with respect to facts related to the discharge of their official 
duties MAY BE GIVEN BY THE DEFENDANT TO REBUT EVIDENCE 
THAT THE DEFAMATORY IMPUTATION WAS MADE BY HIM WITH 
ACTUAL MALICE. 
[In such cases if the defendant proves the truth of the 
imputation made by him, he shall be acquitted.]" 
Sec. 3. Repealing Clause. - All laws, decrees, orders, rules and regulations 
or other issuances or parts thereof inconsistent with the provisions of this Act are 
hereby repealed or modified accordingly. 
Sec. 4. Separability Clause. - If any portion or provision of this Act is 
declared unconstitutional, the remainder of this Act or any provision not affected 
thereby shall remain in force and effect. 
Sec. 5. Effectivity. - This Act shall take effect after fifteen (15) days following 
the completion of its publication either in the Official Gazette or in a newspaper of 
general circulation in the Philippines. 
Approved, 
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