SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill NoJ 3 B 7 
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INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Philippines is now perceived as one of the most dangerous places in 
the world for journalists, with dozens and dozens of unsolved killings against 
media practitioners and activists in recent years. Added to this fact is the mass 
murder of thirty four (34) journalists in Maguindanao in November 2009. It does 
not help that while journalists are under attack, the law poses another threat, 
through imprisonment due to libel, which is currently a criminal offense. While it is 
the right of individuals to be protected from unethical and irresponsible 
journalism, imprisonment is not a just penalty for such. Civil damages' may be 
enough penalty and deterrence, conSidering the present economic situation of 
journalists. 
. 
. 
. 
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Also, under present rules, the complainant or offended party in a libel 
case, if he is a public officer, may file the complaint in a trial court in Manila if his 
office is in Manila, or in a trial court outside Manila if his office is located there. If 
the offended party is a private person, then the venue of filing is in a trial court in 
his place of residence at the time of the commission of the alleged libelous act. 
Such have been used and abused by subjects of news articles or other 
journalistic pieces in order to harass and cause inconvenience to the journalists 
and media organizations. 
They file libel suits in far-flung places, away from the office of the said 
media practitioners, have them imprisoned and/or pose bail, even if the cases 
are eventually withdrawn or settled, if not dismissed by the court. It has been said 
many times that a free press is crucial in building a democracy. In fact, the 1987 
Constitution heralds it as a protected right. However, the concept of a free press 
has been attacked in recent times. It is the duty of the State to afford ample 
protection to journalists, which, in turn, translates into its adherence to a larger 
cause: the promotion of the Constitutionally-protected right to expression. This 
bill seeks to decriminalize libel and limit the venue of filing libel suits. 
In view of the foregoing, approval of this bill is earnestly sought. 
Senator 


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SIXTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 
11UG 28 P 2 :33 
SENATE 
138? 
Senate Bill No. __ 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO ABOLISH THE PENALTY OF IMPRISONMENT IN LIBEL CASES AND 
PROVIDING FOR THE VENUE OF THE CIVIL ACTION IN LIBEL CASES 
AGAINST COMMUNITY JOURNALISTS, PUBLICATIONS OR BROADCAST 
STATIONS, AMENDING FOR THE PURPOSE CERTAIN PROVISONS OF ACT 
NO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AS 
AMENDED, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Article 355 of Act No. 3815, as amended, otherwise known 
as the Revised Penal Code, is hereby amended to read as follows: 
"ARTICLE 355. Libel by means 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 200 to 6,000 pesos, [or both,] in addition to the 
civil action which may be brought by the offended party. 
"THE PROVISIONS OF ARTICLES 90 AND 91 
TO THE 
CONTRARY 
NOTWITHSTANDING, 
THE 
OFFENSE 
AND 
PENALTY IMPOSED ABOVE SHALL PRESCRIBE IN SIX (6) 
MONTHS COUNTED FROM THE DATE OF THE FIRST 
PUBLICATION, AIRING OR ,EXHIBITION OF THE LIBELOUS 
MATERIAL." 
SEC. 2. Article 356 of the same Act is hereby amended to read 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 Two hundrec:l(P200.00) to Two thousand (P2,OOO.OO) 
pesos, [or both,] shall be imposed upon any person who threatens 
another to publish a libel concerning him or the parents, spouse, 
child, or other members 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. 3. Article 357 of the same Act is hereby 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] 
a fine of from Two hundred (P200.00) to Two Thousand 
(P2,000.00) 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 hereby 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 defamation contained 
therein to the same extent as if he were the author thereof.] 
Xxx" 
SEC. 5. A new article, to be numbered as Article 360-A of the same Act, is 
hereby inserted after Article 360 of the same act, to read as follows: 
"ARTICLE 360-A. VENUE. THE CIVIL SECTION IN CASES OF 
LIBEL AGAINST A COMMUNITY JOURNALIST, PUBLIGATION 
OR BROADCAST STATION SHALL BE FILED IN THE REGIONAL 
TRIAL COURT OF THE PROVINCE OR CITY WHERE THE 
PRINCIPAL OFFICE OR PLACE OF BUSINESS OF THE SAID 
COMMUNITY JOURNALIST, PUBLICATION OR BROADCAST 
STATION IS LOCATED: PROVIDED, HOWEVER, THAT THE 
COURT WHERE THE CIVIL ACTION IS FIRST FILED SHALL 
ACQUIRE JURISDICTION TO THE EXCLUSION OF OTHER 
COURTS. 
"THE TERM "COMMUNITY JOURNALIST, PUBLICATION OR 
BROADCAST STATION" SHALL BE UNDERSTOOD TO MEAN A 
JOURNALIST OR NEWS MEDIUM THAT OPERATES WITHIN A 
LIMITED AREA OF CIRCULATION OR BROADCAST IN A CITY, 
PROVINCE OR REGION, AS DEFINED UNDER EXISTING 
LAWS." 
SEC. 6. Separability Clause. If any provision of this Act is declared 
invalid, the remainder of this Act or any provision not affected thereby shall 
remain in full force and effect. 


SEC. 7. Repealing Clause. -All laws, executive orders or issuances, or 
any part thereof, which are inconsistent herewith are hereby repealed or 
amended accordingly. 
SEC. 8. Effectivity Clause. - This Act shall take effect upon its publication 
in at least one (1) newspaper of general circulation. 
Approved,