Republic of the Philippines
HOUSE OF REPRESENTATIVES

Batasang Pambansa, Quezon City +7.0ct_2012
FIFTEENTH CONGRESS ae fe
Third Regular Session APES }

ena
House BILL No.__ 004° e

—_—

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO.

EXPLANATORY NOTE

The 1987 Philippine Constitution under Article III, Bill of Rights,
guarantees the freedom of speech, of expression, and of the press. These
protected freedoms are vital in all democratic and Republican states.
Indeed, a society that encourages debate and public discourse is one that
fosters progress and development in a civilized and democratic nation.

However, in the 2011-2012 World Press Freedom Index Report by
the Reporters Without Borders, the Philippines ranked 140" out of 179
countries worldwide in terms of press freedom with threats and violence
against local media and-culture of impunity acting as the biggest threats
confronting media freedom in the country. Another obstacle is the
criminalization of libel under our Revised Penal Code, which has its
attendant imprisonment and payment of large fines.

No less than the United Nations Human Rights Committee (UNHRC)
has declared, in the case of Alexander Adonis, a Davao broadcaster who
was convicted of libel and sentenced to a prison term, that our laws on
libel are incompatible with the International Covenant on Civil and Political
Rights (ICCPR) to which the Philippines is a signatory.

The law against libel has primarily been used to suppress free
expression rather than to address media abuse.

This bill decriminalizes libel as defined and penalized in Articles 355-
357 and Articles 360-362 of the Revised Penal Code such that our
constitutional right to free speech, specifically through writing and similar
means, is upheld, without fear or threat of incarceration or restraint of
liberty.



Today, media has evolved to accommodate the views and
perspectives of the common Filipino, and has strengthened its important
role of being the watchdogs of the Government. This bill reinforces this
function and truly enables them to be of service to the Filipino through
responsible journalism that pushes for complete transparency.

Technology has so far advanced thereby allowing for common
people to air their grievances against any person or entity, whether with
malice or not, through online publication. This bill shall continue to protect
our freedoms of speech and expression which are essential to the survival
of a free, open and democratic society.

The decriminalization of libel does not mean that one’s right to
privacy, dignity and peace of mind will be impinged. Violations thereof will
hold the violator civilly liable, and the remedy of filing an action for
damages to seek redress for the wrong done shall still be available.

Thus, the approval of this bill is fervently sought,

REP. JOSEPH VICTOR G. EJERCITO.
Lone District, San Juan City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
Third Regular Session

6g49
HOUSE BILL No.__°O4~

INTRODUCED BY REP. JOSEPH VICTOR G. EJERCITO

AN ACT DECRIMINALIZING LIBEL THEREBY REPEALING
ARTICLES 353 TO 357 AND ARTICLES 360-362 OF THE REVISED
PENAL CODE

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Articles 353, 354, 355, 356, 357, 360, 361 and 362 of
Act No. 3815, as amended, otherwise known as the Revised Penal Code
are hereby repealed thereby decriminalizing libel.

SECTION 2. The repeal of the above-mentioned Articles shall in no
way impede on the exercise of a person’s right to privacy, dignity, and
peace of mind as enshrined in Articles 19 and 26 of Republic Act No. 386,
as amended, otherwise known as the New Civil Code.

SECTION 3. Immediate Release of Convicted Persons. — All persons
serving sentence for violations of the provisions of Articles 355,356, 360
and 362 of the Revised Penal Code on Libel prior to its amendment by this
Act shall be immediately released upon effectivity of this Act: Provided,
that they are not serving sentence or detained for any other offense or
felony.

SECTION 4. 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 force and effect.

SECTION 5. Repealing Clause. - All laws, presidential decrees,
executive orders and their implementing rules, inconsistent with the
provisions of this Act are hereby repealed, amended or modified
accordingly.


SECTION 6. Effectivity. - This Act shall take effect immediately after
its publication in at least two (2) national newspapers of general
circulation.

Approved,