· 
, . 
SIXTEENTH CONGRF.sS OF THE REPUBLIC) 
OF'mE'~S 
) 
.,' , 
'se ... ,aJ;I? 
tlff,;t -of Hl!t,;~\y~-tl"bru 
First Regu1ar~ 
) 
·13 JUl-1 P4 :44 
Artide ill, SectIDn 4 of me 1987 ~on 
pmviUes 'that "No ia:w' illIi.ill: be passed 
abridging the fi'eedom of ~"'h~ ofe~1»'essioo, andufthe press ... « 
On October 23, 1986, the Philippines rntified the International Coverninton Civil and 
Poli1icaIRights, Teoognizing that 1:fu: ,ideal of ,ftee llmnan beings enjnying ri.v:l1 and p<11i.fu:a1 
freedom and freedom from fear and Vliant can ooly be achieved if conditions are created wbereby 
, everyone may enjoy his civil ;md poIil:i£al righIs,. as wen as his economic" sociai ;md cultural 
rights. 
Article 19 of the Cvvemmt provides ikat: 
1. Everyone sh3llhavethe right to hold.op~.ns w~ 
interferen=. 
2. Everyone shall have tile right to freedom of ~on; 
thls right shall include 
freedom to seek, Rl(;cive and impartinfurmation and ideas uf ali kindJs, ~ 
of frontl'ers, eitlJer orally, in Wtlltnt or in print, in the form, of art, or Urrougb any 
otheL media 'Of his e!w'.ee. 
3. The e,'{crcise nfthe rights jlm~. f%r ill psrog.r.;ph2 Qfthis a11icleearries ""ita 
it ,special duties and responsibiilties. 1t may therefute he subject to' certain 
restrictions, butfuese shalJ only heSlE.n a" are provided hy 1m and'are=s..<mry: 
h. For the :protection of national secl!rity or of public order, 
or {}f pubiiG health or _ms. 
On September f2~2m!"the,UmtedNBti.'l1lS Human:Rights.Commitree (tTh..TflRC) at its 
102nd session issued General connnent Nu. 34 regarding "FreelJmns of (JjJiaioiI and expression~ 
whereby it pronounced that "Defamation laws mlL'It be c:mfted with care to ern!1.1Te thai: they 
comply with paragtaph 3, and that they. 00 not serve. in prarti=, to stille freedom of 
expression •.. Care sImuid be tlken by states ~to """id ~<::eSSm'iy ~'e 
nn._lIDd 
penalties ... States parties should consider the decriminalizati;m ~f defiunatiolllIDd, in any case, 
the application (If the crimina! law should. only 00 ~in 
the moot serious of cases and 
imprisonment'is never an appropriate penaity. " 
In recalling, General, Comment No. 34'and iu ~tillJ1 of the 11l€lits 'ill' a <-1lSe 
involving the Phlfippines'!is a state party, the UNHRC, on October 26, 20n~ determined that "in 


the present case too sanction of ImpriSQl1mcm i~ 
on &: autOOr was mrompatibk ",ith 
article 19, paragraph 3, 'of the Covenant" and that the {"-tlmmittee "is of tlle view that file facts 
before tlre Commilree diScll:lse a vfuliation by ilie Philippines of articles 14, ~rapli 3, amI 19 
of the Covenant." 
i 
By virtue of .Article 2 paragmph 2 of the lntematiomd<"'uvenantunG'ivil and Political 
Rights whicn provide\! that, nW1:rete r!flt already provided fur fly' e~leglslatlve or other 
measures, each Stare Pflrt"y to tl!ej:ireSent C~ 
underlak-e& ro mi-e t.'le h~ 
steps, in 
accordance with its cOO$titutionalprocesses and with the provisions of the present C6venant,to 
adopt such laws 1M other measures as may be ~~ 
to !jivIl <::ffe;;t to the rights r~!z?d in 
the present Covenant," the UNHRC declared that the Philippines "is: aiSu under an obiigalion to 
take steps to prevent similar 'violatiOOJl oocmring in the n!lm"e, including by reviewing the 
. relewrn libel legislation." 
In view of the foregoing andOf.l~Ie,,2.Set.tilm ':I ·ur . e·19&7 Constitution which 
mandates that "the: Philippines .... adopts the generally ac . 
' as 
part of the law of the tand," the immediate considerntion of" 
GR:mtm 


, , 
SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'13 Jill -, P 4 :44 
SENATE 
S. No. 210 
Introduced by Senator GREGORIO B. HONASAN II 
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. ArticlE7s 353 to 357 and Articles 360 to 362 of Chapter I, Tipe XIII, 
Book II of Act No. 3815 or the Revised Penal Code are hereby repealed thereby 
decriminalizing libel. 
I 
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 
professional 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 (90) 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,