FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
s.No.3244 
Introduced by Senator GREGORIO B. HONASAN II 
EXPLANATORY NOTE 
Articlc Ill, Section 4 of the 1987 Constitution provides that "No law shall be passed 
abridging the freedom of speech, of expression, and of the press ... " 
On October 23, 1986, the Philippines ratified the International Covenant on Civil 
and Political Rights, recognizing that the ideal of free human beings enjoying civil and 
political freedom and It'eedom from [ear and want can only be achieved if conditions are 
created whereby everyone may enjoy his civil and political rights, as well as his economic, 
social and cultural rights. 
Article 19 o[the Covenant provides thal: 
I. Everyone shall have the right to hold opinions without interference. 
2. Everyone shall have the right to It'eedom of expression; this right shall include 
freedom to seek, receive and impart information and ideas of all kinds, 
regardless of frontiers, either orally, in writing or in print, in the form of art, 
or tlu'ough any other media of his choice. 
3. The exercise onhe rights provided for in paragraph 2 ofthis m-ticle cm-ries with it 
special duties and responsibilities. It may therefore be subject to certain 
restrictions, but thesc shall only be such as are provided by law and are 
necessary: 
a. For respect of the rights or reputations of others; 
b. For the protection of national security or of public oreler, 
or of public health or morals. 
On September 12,2011, the United Nations Human Rights COl1Ul1illee (UNI-lRC) 
at its 102nel session issued General comment No. 34 regarding "Freedoms of opinion and 
expression" whereby it pronounced that "Defamation laws must be crafted with care to 
ensure that they comply with paragraph 3, and that they do not serve, in practice, to stine 
ll.eeelom of expression ... Care should be taken by States parties to avoiel excessively 
punitive mcasures and penalties ... States patties should consider the decriminalization of 
defamation ancl, in any case, the application of the criminal law should only be 
countenanced in the most serious of cases and imprisOlunent is never an appropriate 
penalty." 


In recalling General Comment No. 34 and in consideration of the merits of a case 
involving the Philippines as a state party, the UNHRC, on October 26,2011, determined 
that "in the present case the sanction of imprisonment imposed on the author was 
incompatible with article 19, paragraph 3, of the Covenant" and that the Committee "is of 
the view that the facts before the Committee disclose a violation by the Philippines of 
articles 14, paragraph 3, and 19 of the Covenant." 
By virtue of Article 2 paragraph 2 of the International Covenant on Civil and 
Political Rights which provides that, "Where not already provided for by existing legislative 
or other measures, each State Party to the present Covenant undertakes to take tbe 
ne<;essary steps, in accordance with its constitutional processcs and with tbe provisions of 
the present Covenant, to adopt such laws or other measures as may be necessary to givc 
eirect to the rights recognized in the present Covenant," the UNI-lRC declared that tbe 
Philippines "is also under an obligation to take steps to prevent similar violations occurring 
in the future, including by reviewing the relevant libellcgislation." tf
'i 
In view of the foregoing and of Article 2 Section 2 0 . the 1;987 Constitution which 
mandates that "the Philippines ... adopts the generally ace pted rinciples of international 
law as part of the law of the land," the immediate considerittion f this measure is earnestly 
sought. 
( , 
GRE ORIO B. HONASAN II 
Senator 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session 
) 
) 
) 
SENATE 
.3244 
S.No. __ _ 
"ii!. 
Introduced by Senator Gregorio B. IHonasan II 
}' 
) 
... Q .... 
AN ACT TO DECRIMINALIZE LIBEL AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Articles 353 to 357 and Articles 360 to 362 of Chapter I, Title XIII, 
Book II of Act No. 3815 or the Revised Penal Code are hereby repealed thereby 
decriminalizing libel. 
Sec. 2. In view of the decriminalization of libel, there is need for practitioners of 
mass communication to impose upon themselves utmost discipline in the practice of 
their profession. Professional organizations shall prescribe ethical standards as well as 
rules and regulations in the practice of their profession. 
Penalties for their erring 
members shall also be prescribed. Professional organizations must be registered with 
the Securities and Exchange Commission (SEC). 
Sec. 3. Practitioners of mass communication must be members of registered 
pwfessional organizations. No mass media practitioner can practice his/her profession 
unless he/she is a member of the registered professional organization. 
Sec. 4. 
The Department of Justice shall, within ninety (gO) days from the 
effectivity of this Act, issue the necessary rules and regulations for the efficient and 
effective implementation of this Act. 
Sec. 5. If any provision of this Act shall be held unconstitutional or invalid, the 
other provisions not otherwise affected shall remain in full force and effect. 
Sec. 6. 
This Act shall take effect fifteen (15) days following its complete 
publication in two (2) newspapers of general circulation. 
Approved,