HouseBillNo.        5372
EXPLANATORY NOTE
This bill seeks to abolish the penalty of imprisonment in  libel  cases and to impose a
higher fine instead to discourage if not totally deter the commission of the crime of libel.
Libel   is  defined   under  Article  353  of  the  Revised   Penal  Code  as  "a  public  and
malicious  imputation  of  a  crime,  or  of  a  vice  or  defect,   real  or  imaginary,  or  any  act,
omission,  condition,  status,  or  circumstance  tending  to  cause  the  dishonor,  discredit  or
contempt of a natural or juridical person, or to blacken the memory of one who is dead.".   To
be  liable  for  libel,  the  following  elements  must  be  shown  to  exist:  (a)  the  allegation  of  a
discreditable act or condition concerning another; (b) publication of the charge; (c) identity of
the person defamed; and (d) existence of malice.
An  allegation   made  by  a  person  against  another  is  considered  defamatory  if  it
ascribes to the latter the commission of a crime; the possession of a vice or defect, whether
real  or  imaginary;  or  any  act,  omission,  condition,  status  or  circumstance  which  tends  to
dishonor or discredit or put him  in  contempt,  or which  tends to  blacken the  memory of one
who  is  dead.  There  is  publication  if  the  defamatory  material  is  communicated  to  a  third
person, i..e.,  a person other than the person to whom the defamatory statement refers. And
there is malice if the author of the libelous remarks made such remarks with knowledge that
jt was false or with reckless disregard as to the truth or falsity thereof.
At present, a person guilty of committing libel is penalized with imprisonment ranging
from  amesfo  mayor or one  month  and  one  day to  6  months,  to pr/.s/.on  conrecc/.ona/ or 6
months and one day to six years, aside from the fine ranging from P200 to P6,000.
While  the  penalty  of  fine  must  be  sustained,  for  no  crime  should  go  unpunished,
imposing  a  penalty of imprisonment will work more to discourage  members of the media to
perform their duties with zeal and vigilance.  Instead of looking deeply into issues that have a
potential  of  affecting  public  interest  and  general  welfare,  the  penalty  of  imprisonment  has
paved  the  way  for  members  of  the  media  to  approach  their  mandates  with  doubts  and
hesitation. We cannot have that in  a  country where democracy is  primarily infringed  on  the
freedom of speech and of expression, and where media is considered the Fourth Estate.
Although this bill abolished the penalty of imprisonment,  it has increased the amount
of  the  fine  imposed  to  allow  the  law  to  accomplish  its  purpose  of  penalizing   libel  and
deterring would be violators.
In view the foregoing, the immediate passage of this bill is earnestly requested.
GUEZ


NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
FIRST REGUIAR SESSION               )
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus 8. Rodriguez
HouseBillNo,      5372_
AN ACT
To  ABOLisH  THE  PENAL-ry  oF  iMPRISoNMENT  IN  LiBEL  CASES,  AMENDING  FOR
THE   PURPOSE  ARTICLES  355,   357,  AND  360  0F  ACT  NO.  3815,  AS  AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE AND FOR OTHER PURPOSES
B_e  it  enacted  by.th.e  Senate  and  the  House  of  Representatives  of  the  Philippines  in
Congress assembled:
SECTION 1.  Article 355 of Act No. 3815, as amended, is hereby amended as follows:
``ART.  355.  i/.be/ by means of wr/.f/.ngs or s/.in/./ar means.  - A  libel  committed  by
means  of  writing,   printing,   lithography,   engraving,   radio,   phonograph,   painting,
theatrical  exhibition,   cinematographjc  exhibition,  or  any  similar  means,  shall   be
punished  by  lerT.sr.on  co"ecci.ona/ in  its  minimum  and  medium  periods  or I  a  fine
ranging from   [200 TO 6,000, or both] TEN THOUSAND PESOS (10,000 Php) TO
THIRrv  THOUSAND  PESOS  (30,000  Php),  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   CRIME   OF   LIBEL  AND   THE   CORRESPONDING
PENAL-ry   IMpOsED   ABovE   SHALL    pREscRIBE    iN    s]x   (6)    MONTHs
COUNTED   FROM   THE   DATE   OF   THE   FIRST   PUBLICATION,   AIRING   OR
EXHIBITION OF THE LIEBLOUS MATERIAL.
SECTION 2.  Article 356 of Act No. 3815, as amended, is hereby amended as follows:
``ART.  356:. Threa±ning  to _publ_ish  and  offer  to  pr6sent  such  publication  for  a
compensafi.on.  - The  penalty  of  [a"esto  mayor or]  a  fine  ranging  from  [200  to
2,000,I  FIVE THOUSAND  PESOS  (5,000  Php) to FIFTEEN  THOUSAND  PESOS
(15,000  Php)  tor both,I 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."
SECTION 3. Article 357 of the same Act is likewise amended to read as follows:
"AIFIT.  35].   Prohibited   publication  of  acts  referred  to  in  the  course  of  official
proceedt.ngs. - The penalty of [arresto mayor or] a fine from [200 to 2,000 pesos,
or   both,I   TEN   THOUSAND   PESOS   (10,000   Php)   TO   THIR-rY   THOUSAND
PESOS  (30,000  Php)  tor  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."


SECTION 4. Article 360 of the same Act is likewise amended to read as follows:
"ART.  360. Persons respons/.b/e.  -[Any person who shall publish, exhibit, or cause
the publication or exhibition of any defamation in writing or by similar means,I THE
AUTHOR OF THE  PRINTED ARTICLE OR ANY PERSON WHO SHALL CAUSE
THE   EXHIBITION   OF  THE   THEATRICAL   OR   CINEMATOGRAPHIC   EXHIBIT
CONTAINING DEFAIVIATORY 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
defamations contained therein to the same extent as if he were the author thereof,
PROVIDED     SAID     DEFAMATORY    ARTICLE     PASSED     THROUGH     SAID
PUBLISHER,     EDITOR    OR    BUSINESS    MANAGER    FOR    EDITING    AND
REQUIRED THE LATTER'S APPROVAL FOR PUBLICATION."
SEC. 5. Saparab/.//.fy C/at/se. -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.
SEC.  6.  Rapea/i.ng  C/ause.  -  All  laws,  presidential  decrees,  executive  orders  and  their
implementing   rules,   inconsistent  with   the   provisions   of  this   act   are   hereby   repealed,
amended or modified accordingly.
SEC. 7. Effect/-v/.fy.  -This Act shall take effect fifteen (15) days after its publication in at least
two (2) national newspapers of general circulation.
Approved,