Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular `Session
HOUSE B-ILL No.  6750
Introduced by REP.  RACHEL MARGUERITE "CUTIE" DEL MAR
ExpLAJunoRT NOTE
Section  4  Article  Ill  of the  1987  Philippine  Constitution  guarantees
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.
With  the  advent  of  advance  technologies,  social  media  and  other
platforms,  the exercise of freedom of speech,  of expression or of the press
has become wider, faster and accessible. Despite compliance with the Data
Privacy Act, netizen, not only media people, are now at risk in all kinds of
lawsuits  by  commenting  or  publishing  something  through  a  social  media
platform.
Libel is one of the enumerated cybercrime offenses under Republic Act
No.  10175,  otherwise  known as the  Cybercrime  Prevention Act of 2012.  It
has been defined as the unlawful or prohibited acts of libel as defined in
Article  355  of the  Revised Penal  Code,  as amended,  committed  through  a
computer system or any other similar means which may be devised in the
future.  In the said law, there is no express provision on the prescription of
the enumerated offenses.  It is only in the Section 90 of the "Revised Penal
Code"  that  provides  for  the  prescriptive  period  of  one  year  for  the  libel
offenses.
There   are   two   different   conclusions   from   the   legal   luminary
perspective  interpreting  the  prescription  of the  cyber-libel  into  twelve  (12)
years as provided for in the Implementing Rules and Regulations of R.A. No.
10175.  The  said  IRR  provides  for  the  penalty  of  cyber-libel  into  prisI.ori
corriecct.onaz in its maximum period to prisi.ori rmzyor in its minimum period.
As  such,  the offense is deemed to prescribe only after twelve  (12) years.  It
was further contended that the cyber-libel is a separate and distinct offense
from  ordinary libel  rendering  the  prescriptive  period  in  the  Revised  Penal
Code inapplicable.


On other legal luminary perspective, citing the 2014 case of "si-". us.
Secretaru a/JrttstieeL stating that cyber-libel is not a new crime since Article
353 of the penal code, in relation to Article 355, already punishes it."   Libel
under  Art.  355  is  committed  "by  means  of writing,  printing,  xxx  or  any
similar   means"   and   online   defamation   constitutes   "similar   means   of
committing libel."   Thus,  the  prescriptive  period  of one  year  in  the  penal
code applies to cyber-libel since it is defined and punished in the penal code.
This   bill   seeks   to   eliminate   the   conflicting  interpretation   of  the
applicable laws by expressly providing for the prescriptive period on cyber-
1ibel offenses.
In view of the foregoing, the passage of this bill is earnestly sought for.
RACRELM#un#E¥uT#
UERITE «CUTIE" DEL MAR
1 G.R.  No. 203335.  February 11, 2014.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
.'``
HOUSE.B-ILL No.  675 0
Introduced by REP.  RACHEL MARGUERITE "CUTIE" DEL MAR
AN ACT
PROVIDING FOR THE PRESCRIITION OF CYBER-LIBEL OFFENSE
AMENDING FOR THE PURPOSE SECTION 90 0F THE REVISED PENAL
CODE
Be it enacted bg the Senate arid the House Of Represeritatives Of the
Philippines in Congress assembled:
SECTION 1.   Article 90 of  Act No. 3185, otherwise known as the
Revised Penal Code, as amended, is hereby amended to read as follows:
"Art.  90.  Prescription  of crime.  -    Crimes  punishable  by  death,
rechasjon pexpefua or  7ieczusl.on temporal shall prescribe in twenty
years.
Crimes punishable  by other afflictive  penalties  shall prescribe in
fifteen years.
Those punishable by a coITectional penalty shall prescribe in ten
years;  with  the  exception  of those  punishable  by  amesto  magor,
which shall prescribe in five years.
The  crime  of libel,  INCLUDING  CYBER-LIBEL  AS  DEFINED  IN
R.A.  NO.  10175,  OTHERWISE  KNOWN  AS  THE  CYBERCRIME
PREVENTION  ACT  OF  2012,   or  other  similar  offenses   shall
prescribe   in   one   year   RECKONING   FROM   THE   FIRST   OR
ORIGINAL POSTING OR PUBLICATION.
The crime of oral defalnation and slander by deed shall prescribe
in six months.
xxx„


SEC. 2.    Ej7jTe: ch.I/i-tg. -This Act shall take effect rifteen (15)  days after
its publication in a newspaper of general circulation.
Approved,