NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
)
SENATE
S. No. 2403
Senate
yWr#' 
of l!,ie 0s'n er>ir;^
23 AUG 10 P6M
RECEIVED BV:
Introduced by Senator Loren B. Legarda
AN ACT
DECRIMINALIZING LIBEL, REPEALING FOR THE PURPOSE ARTICLES 353, 
354, 355, 356,357,360, 361, AND 362 OF REPUBLIC ACT NO. 3815, AS 
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND 
SUB-PARAGRAPH 4 OF SECTION 4(C) OF REPUBLIC ACT NO. 10175, 
OTHERWISE KNOWN AS THE CYBERCRIME PREVENTION ACT OF 2012,
AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Freedom of opinion and freedom of expression are indispensable conditions 
for the complete development of an individual. They stand as essential pillars of any 
thriving society, forming the foundation upon which all free and democratic societies 
are built.
In a democratic society, it is imperative to uphold and defend the right to 
freedom of expression in all its forms. This commitment should encompass a 
particular interest in facilitating a press and media environment that remains free, 
uncensored, and unhindered.
In response to the international clamor to shift towards the decriminalization 
of defamation laws, this bill seeks to decriminalize libel as defined and penalized 
under the Revised Penal Code and the Cybercrime Prevention Act of 2012.


With the decriminalization of all forms of libel, we will be upholding our 
constitutionally-guaranteed fundamental right to freedom of speech, expression, and 
the press. More importantly, we will restore public trust and promote good 
governance by abolishing censorship and hindrance to free speech, allowing people 
to exact accountability from public officials.
In view of the foregoing, the immediate passage of this bill is earnestly 
requested.
OREN LEGARDA


NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
)
Second Regulnr Session 
)
23 AUG 10 P6:44
SENATE
s.No. 2403
RtCb/.QBv
Introduced by Senator Loren B. Legarda
AN ACT
DECRIMINALIZING LIBEL, REPEALING FOR THE PURPOSE ARTICLES 353, 
354, 355,356, 357, 360, 361, AND 362 OF REPUBLIC ACT NO. 3815, AS 
AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND 
SUB-PARAGRAPH 4 OF SECTION 4(C) OF REPUBLIC ACT NO. 10175, 
OTHERWISE KNOWN AS THE CYBERCRIME PREVENTION ACT OF 2012,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled:
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Section 1. Article 353 of Act No. 3815, as amended, is hereby repealed as
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follows:
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["ART. 353. Definition of libel. - A libel is public and malicious imputation of a
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crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status,
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or circumstance tending to cause the dishonor, discredit, or contempt of a natural or
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juridical person, or to blacken the memory of one who is dead."]
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Sec. 2. Article 354 of the same Act is repealed as follows:
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["ART. 354. Requirement for publicity. - Every defamatory imputation is
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presumed to be malicious, even if it be true, if no good intention and justifiable motive
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for making it is shown, except in the following cases:
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1. A private communication made by any person to another in the
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performance of any legal, moral or social duty; and
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2. A fair and true report, made in good faith, without any comments or
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remarks, of any judicial, legislative or other official proceedings which are not of
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confidential nature, or of any statement, report or speech delivered in said


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proceedings, or of any other act performed by public officers in the exercise of their 
functions."]
Sec. 3. Article 355 of the same Act is likewise repealed as follows:
["ART. 355. Libel by means of writings or similar means. - A libel committed 
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 Forty thousand pesos (P40,000) to One million two hundred thousand 
pesos (PI ,200,000), or both, in addition to the civil action which may be brought by the 
offended party."]
Sec. 4. Article 356 of the same Act is likewise repealed as follows:
["ART. 356. Threatening to publish and offer to prevent such publication for a 
compensation. - The penalty of arresto mayor or a fine from Forty thousand pesos 
(P40,000) to Four hundred thousand pesos (P400,000), or both, shall be imposed upon 
any person who threatens another to publish a libel concerning him or the parents, 
spouse, child, or other member 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."]
Sec. 5. Article 357 of the same Act is likewise repealed as follows:
["ART. 357. Prohibited publication of acts referred to in the course of official 
proceedings. - The penalty of arresto mayor or a fine of Forty thousand pesos (P40,000) 
to Two hundred thousand pesos (P200,000), 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."]
Sec. 6. Article 360 of the same Act is likewise repealed 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, 
shall be responsible for the same.


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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.
The criminal and civil action for damages in cases of written defamations as 
provided for in this chapter, shall be filed simultaneously or separately with the court 
of first instance 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. That where one of the offended parties 
is a public officer whose office is in the City of Manila at the time of the commission 
of the offense, the action shall be filed in the Court of First Instance of the City of 
Manila, or of the city or province where the libelous article is printed and first 
published, and in case such public officer does not hold office in the City of Manila, 
the action shall be filed in the Court of First Instance of the province or city where he 
held office at the time of the commission of the offense or where the libelous article is 
printed and first published and in case one of the offended parties is a private 
individual, the action shall be filed in the Court of First Instance of the province or city 
where he actually resides at the time of the commission of the offense or where the 
libelous matter is printed and first published: Provided, further. That the civil action 
shall be filed in the same court where the criminal action is filed and vice versa: 
Provided, furthermore. That the court where the criminal action or civil action for 
damages is first filed, shall acquire jurisdiction to the exclusion of other courts: And, 
provided, finally. That this amendment shall not apply to cases of written 
defamations, the civil and/or criminal actions which have been filed in court at the 
time of the effectivity of this law.
Preliminary investigation of criminal action for written defamations as 
provided for in the chapter shall be conducted by the provincial or city fiscal of the 
province or city, or by the municipal court of the city or capital of the province where 
such action may be instituted in accordance with the provisions of this article.
No criminal action for defamation which consists in the imputation of a crime 
which cannot be prosecuted de oficio shall be brought except at the instance of and 
upon complaint expressly filed by the offended party."]


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Sec. 7. Article 361 of the same Act is likewise repealed as follows:
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["ART. 361. Proof of the truth. - In every criminal prosecution for libel, the
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truth may be given in evidence to the court and if it appears that the matter charged
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as libelous is true, and, moreover, that it was published with good motives and for
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justifiable ends, the defendants shall be acquitted.
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Proof of the truth of an imputation of an act or omission not constituting a crime
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shall not be admitted, unless the imputation shall have been made against
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Government employees with respect to facts related to the discharge of their official
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duties.
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In such cases if the defendant proves the truth of the imputation made by him,
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he shall be acquitted."]
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Sec. 8. Article 362 of the same Act is likewise repealed as follows:
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["ART. 362. Libelous remarks. - Libelous remarks or comments connected with
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the matter privileged under the provisions of Article 354, if made with malice, shall
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not exempt the author thereof nor the editor or managing editor of a newspaper from
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criminal liability."]
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Sec. 9. Section 4 (c) (4) of Act No. 10175, is hereby repealed as follows:
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"Section 4. Cybercrime Offenses. — The following acts constitute the offense of
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cybercrime punishable under this Act:
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X X X X
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(c) Content-related Offenses:
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X X X X
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[(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355
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of the Revised Penal Code, as amended, committed through a computer system or any
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other similar means which may be devised in the future."]
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Sec. 10. Effect on Pending Cases. - All pending cases under the provisions of
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Articles 355, 357, and 360 of the Revised Penal Code on Libel, and Section 4 (c) (4) of
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the Cybercrime Prevention Act of 2012, prior to its amendment by this Act shall be
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dismissed upon effectivity of this Act.
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Sec. 11. Immediate Release of Convicted Persons. - All persons serving
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sentence for violations of the provisions of Articles 353, 354, 355, 356, 357, 360, 361,
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and 362 of the Revised Penal Code on Libel, as amended, and Section 4 (c) (4) of the


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Cybercrime Prevention Act of 2012, prior to its amendment by this Act shall be
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immediately released upon effectivity of this Act: Provided, That they are not serving
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sentence or detained for any other offense or felony.
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Sec. 12. Separability Clause. - If any provision of this Act is declared invalid,
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the remainder of this Act or any provision not affected thereby shall remain in force
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and effect.
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Sec. 13. Repealing Clause. - All laws, presidential decrees, executive orders and
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their implementing rules, inconsistent with the provisions of this act are hereby
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repealed, amended, or modified accordingly.
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Sec. 14. Effectivity. - This Act shall take effect immediately after its publication
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in at least two (2) national newspapers of general circulation.
Approved,