FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First R,egular Session 
) 
) 
) 
SENATE 
S.B. No. 2053 
Introduced by Senator EDGARDO J. ANGARA 
EXPLANATORY NOTE 
In a country where democracy is primarily infringed on the freedom of speech and 
expression, in a State where 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 
democratic rule and the rising importance of media in effecting transparency and 
accountability in governance. 
While a newspaperman is free to share his views publicly on issues that affect our 
nation and our people, he remains unprotected from the risk of imprisonment. While we 
recognize that socially-relevant issues must have room for open debate an public 
discussion, we do not safeguard the very people who risk their safety and career in order to 
report events that have escaped our critical eye, circumstances that would have to led us to 
think twice before making our conclusions, and instances that would have made us more 
aware of 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 imaginary, or circumstances tending to cause the dishonor, discredit 
or contempt of a person or to blacken the memory of one who is dead. But the penalty of 
imprisonment that goers with libel is, to our opinion, not commensurate to the act being 
penalized. 
The penalty of fine must be sustained, as we believed that libel must not go 
unpunished. But to imprison a person convicted of libel might preclude him in the future 
from doing his job with zeal and critical eye. Such person may choose not to look deeply 
into issues and concerns that may not seem to affect public interest on face value, but with 
deep investigation, would expose anomalies and abuses, for fear of imprisonment. 
Libel should therefore be decriminalized in the light of protecting the right to 
speech 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 issues must have room for 
open debate and public discussion. With the decriminalization of libel, the safeguards 
strengthened. 
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In view of the foregoing, passage of this on speech and expression are bill IS 
earnestly recommended. 
w/~ 
EDGARDO J. ANGARA 
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FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B. No. 2053 
Introduced by Senator EDGARDO J. ANGARA 
AN ACT 
TO ABOLISH THE PENALTY OF IMPRISONMENT IN LIBEL CASES, 
AMENDING FOR THE PURPOSE ARTICLES 355, 356, 357 AND 360 OF 
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN 
AS THE REVISED PENAL CODE AND FOR OTHER PURPOSES 
Be it enacted in the Senate and House of Representatives of the Philippines in the 
Congress assembled: 
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SECTION 1. Article 355 of Act No. 3815, as amended, is hereby amended as to 
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read as follows: 
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"ART. 355. Libel by means of writings or similar means. - A libel 
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committed by means of writing, printing, lithography, engraving, radio, 
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phonograph, painting, theatrical exhibition, cinematographic exhibition, or 
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any similar means, shall be punished by [prision correctional in its 
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minimum and medium periods or) a fine ranging from 200 to 6,000, or 
, 
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both, in addition to the civil action which may be brought by the offended 
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THE PROVISIONS OF ARTICLE 90 AND 91 TO THE 
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CONTRARY NOT WITHSTANDING, THE OFFENSE AND 
, 
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PENALTY IMPOSED ABOVE SHALL PRESCRIBE IN SIX (6) 
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MONTHS COUNTED FROM THE DATE OF THE FIRST 
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PUBLICATION, AIRING OR EXHIBITION OF THE LIBELOUS 
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MATERIAL." 
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SEC. 2. Article 356 of Act No. 3815, as amended, is hereby amended 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 fine 
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ranging from 200 to 2,000, [or both,] shall be imposed upon any person 
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who threatens another to publish a libel concerning him or the parents, 
spouse, child, or other members ofthe family of the latter, or upon anyone 
who shall offer to prevent the pUblication of such libel for a compensation 
or money consideration." 
SEC. 3. Article 357 of the same Act is likewise amended to read as follows: 
"ART. 357. Prohibited publication of acts referred to in the course of 
official proceedings. - The penalty of [arresto mayor or 1 a fine from 200 to 
, 
2,000 pesos, [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. 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 
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.) 
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SEC. 5. All provisions of existing laws, orders, rules and regulations contrary to or 
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inconsistent with this Act are hereby repealed or modified accordingly. 
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SEC. 6. This Act shall take effect after fifteen (5) days following its publication in 
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the Official Gazette or in at least two (2) newspapers of general circulation. 
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Approved, 
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