Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No__ 3493

Introduced by HONORABLE MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

This measure seeks to modify the provision of the Revised Penal Code on libel,
more specifically Article 355 that setforth the means by which libel may be committed, to
include defamatory posts, remarks or imputations made in social networking sites and
internet blogs.

According to the website internet World Stats, the Philippines have almost 30
Million intemet users. Suffice to say, the number of internet users grew tremendously in
the past decade, from a measly 2 Million users in year 2000 to 29,700,000 as of June
2010 which is 29.7% of the population. In due time, social networking sites and blogs
came about and flourished worldwide; in the Philippines, more than half of the internet
users today actively engaged in social networking and blogs.

The word, “blog”, comes from the term web log, which was eventually shortened
to its new term. As defined by Wikepedia, a blog is a type of website or part of a
website, which is usually maintained by an individual with regular entries of
commentary, descriptions of events, or other material such as graphics or video.

Whereas, “social networking websites” function like an online community of
internet users. Many of these online community members share common interests in
hobbies, religion, or politics. Once you are granted access to a social networking
website you can begin to socialize. This socialization may include reading the profile
pages of other members and possibly contacting them, as well as, sending messages
and leaving comments and remarks.

Blogging and participating in social networking can result in a range of legal
liabilities and other unforeseen consequences.The impact of blogging upon the
mainstream media has been observed in the United States, in 2009 the presence of the
American journalism industry had declined to the point that several newspaper
corporations were filing for bankruptcy. Aside from this consequence, several cases
have been brought before the courts against bloggers and internet users concerning
issues of defamation or liability. Apparently, because of its popularity, ease of use and
possibility of getting away through anonymity, blogs and social networking sites had

become the instrument of unscrupulous individuals to slander and defame the name
and good image of a person

While the existing provisions of the law on the matter may be considered
sufficient in filing cases of libel made through the internet, many supposed offenders
can still argue that the criminal character of the act (making of defamatory posts and
blogs) would require a more certain and unambigous definition so they can be rightfully
charge of a crime under Article 355. It must be noted that one of the basic principles in
criminal law states “nullum crimen nulla sine poena lege.” Literally means “there is no


‘crime, when there is no law punishing anvact.” Said legal precept posits that one cannot
be punished for doing something that is not prohibited by law, a principle that is
accepted as just and upheld by the penal codes of constitutional states and all modern
democracies including the Philippines.

Admittedly, the making of defamatory blogs and engaging in irresponsible social
networking are thriving in the country because of the lack of specific and very clear
provision of the law on the matter. Through this proposed legislation, this representation
hopes to prevent and suppress the proliferation of the aboved dicussed social menace.

Thus, in view of the foregoing, approval of this bill is eamestly sought.

MARCELINO “MARCY” R. TEODORO
Representative, 1* District
City of Marikina


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
ae : - First Regular Session

House BillNo__ 8493.

Introduced by HONORABLE MARCELINO “MARCY” R. TEODORO

AN ACT
AMENDING ARTICLE 355, CHAPTER 1, TITLE XIll OF THE REVISED PENAL
CODE AND FOR OTHER PURPOSES

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

SECTION 1. Section 355, Chapter 1, Title XIII of the Education Act of 1982 is hereby
amended to read as follows:

“Art. 355. Libel means by 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 WHICH INCLUDES AMONG OTHERS WRITTEN WORDS,
COMMENTS, AND OPINIONS EXPRESSED IN INTERNET WEB LOGS
(BLOGS) OR MADE AND CONTAINED IN SOCIAL NETWORKING SITES,
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.”

SECTION 2. Repealing Clause. — Pertinent provisions of the Revised Penal Code and
all other laws, decrees, executive orders and rules and regulations contrary to or
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in at least two (2) newspapers of general circulation.

Approved,