Second Regular Session) : 24 JAN 22 P6:27

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NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session ) 24 JAN 22 P6:27
SENATE
RHCEK J.’
S. No. 2521
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
ABOLISHING THE PENALTY OF IMPRISONMENT IN LIBEL CASES AND
PROVIDING FOR THE VENUE OF THE CIVIL ACTION IN LIBEL CASES
AGAINST COMMUNITY JOURNALISTS, PUBLICATIONS OR BROADCAST
STATIONS, AMENDING FOR THE PURPOSE CERTAIN PROVISONS OF ACT
NO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AS
AMENDED, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Philippines is perceived as one of the most dangerous pieces in the

worid for journalists, with numerous cases of kiiiings against media practitioners in
recent years. In the 2022 Giobai Impunity Index which calcuiates the number of
unsoived journaiist murders as a percentage of each country's popuiation, the
Phiiippines ranked 7th in the worid with 14 unsoived murders1. Meanwhiie, according
to the 2023 Worid Press Freedom Index which evaluates the environment for
journaiism in 180 countries, the country ranked 132nd - or an improvement from iast
year's 147th standing. It noted that: "The 1987 Constitution guarantees freedom of
the press but, in practice, Phiiippine iaw does not protect the free exercise of
journaiism2."
It does not heip that while journalists are under attack, the domestic iegal
framework poses another serious threat - through imprisonment due to libel, which
is currentiy a criminal offense. While it is the right of individuais to be protected from
1 https://cpi.org/reports/2022/ll/killine-with-impunitv-vast-maioritv-of-iournalists-murderers-go-free/
2 https://rsf.org/en/countrv/philippines
irresponsible reporting or commentary, imprisonment is not a just penaity for such.
Civii damages may be enough penaity and deterrence.
Aiso, under present ruies, the compiainant or offended party in a libei case, if
one is a pubiic officer, may fiie the compiaint in a triai court in Maniia if his office is
in Maniia, or in a triai court outside Maniia if his office is iocated there. If the
offended party is a private person, then the venue of fiiing is in a triai court in his
piace of residence at the time of the commission of the alieged iibeious act. Such
have been used and abused by subjects of news articies or other journaiistic pieces
in order to harass and cause inconvenience to the journalists and media
organizations. They file libel suits in far-flung places, away from the office of the said
media practitioners, have them imprisoned and/or pose baii, even if the cases are
eventualiy withdrawn or settied, if not dismissed by the court.
It is the duty of the State to afford ampie protection to journaiists, which, in
turn, translates into adherence to a larger cause: the promotion of the
Constitutionaliy-protected right to expression. This bili seeks to decriminalize libei
and iimit the venue of fiiing iibel suits.
This representation authored a simiiar measure during my first term as a
Senator in 2004 during the 13th Congress3, and refiied the same in the succeeding
14th4, 15th5 and 16th6 Congresses. It is unfortunate that despite the ciarion cail of
mass media organizations and human rights groups to amend prevailing iaws on
libel, they have remained untouched over the years. Efforts to revise existing iaws to
strengthen press freedom have languished in the Senate legisiative mili for two
decades since I first fiied this biil.
The passage of this iegisiation is earnestiy sought.
NGGOY EJERCITO ESTRADA
3 Senate Bill No. 977 filed on 30 June 2004

4 Senate Bill No. 5 filed on 30 June 2007
5 Senate Bill No. 83 filed on 01 July 2010 and Senate Bill No. 683 filed on 07 July 2010
6 Senate Bill No. 1387 filed on 28 August 2013 and Senate Bill No. 1962 filed on 27 November 2013
'(©fiir? oftijc -
NINETEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
Second Regular Session ) 24 JAN 22 P6 :27
SENATE RtCElViD e
S. No. 2521
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
ABOLISHING THE PENALTY OF IMPRISONMENT IN LIBEL CASES AND
PROVIDING FOR THE VENUE OF THE CIVIL ACTION IN LIBEL CASES
AGAINST COMMUNITY JOURNALISTS, PUBLICATIONS OR BROADCAST
STATIONS, AMENDING FOR THE PURPOSE CERTAIN PROVISONS OF ACT
NO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AS
AMENDED, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:
1 Section 1. Article 355 of Act No. 3815, as amended, otherwise known as the
2 Revised Penal Code, is hereby amended to read as follows:
3 "Article 355. Libel by Means of Writing or Similar Means. - A
4 libel committed by means of writing, printing, lithography, engraving,
5 radio, phonograph, painting, theatrical exhibition, cinematographic
6 exhibition, or any similar means, shall be punished by [prision
7 corrcccionai in its minimum and medium periods or] a fine ranging
8 from [200 to 6,000 pesos, or both,] TEN THOUSAND PESOS
9 (P10,000) TO THIRTY THOUSAND PESOS (P30,000), in addition
10 to the civil action which may be brought by the offended party.
11 "THE PROVISIONS OF ARTICLES 90 AND 91 TO THE
12 CONTRARY NOTWITHSTANDING, THE OFFENSE AND PENALTY
13 IMPOSED ABOVE SHALL PRESCRIBE IN SIX (6) MONTHS
1 COUNTED FROM THE DATE OF THE FIRST PUBLICATION,
2 AIRING OR EXHIBITION OF THE LIBELOUS MATERIAL."
3 Sec. 2. Article 356 of the same Act is hereby amended to read as follows:
4 "Art. 356. Threatening to Publish and Offer to Prevent Such
5 Publication for a Compensation. - [The penalty of arrcsto mayor or a
6 fine from 200 to 2,000 pesos, or both,] A FINE RANGING FROM
7 FIVE THOUSAND PESOS (P5,000) TO FIFTEEN THOUSAND
8 PESOS (P15,000) shall be imposed upon any person who threatens
9 another to publish a libel concerning him or the parents, spouse, child,
10 or other members of the family of the latter, or upon anyone who
11 shall offer to prevent the publication of such libel for a compensation
12 or money consideration."
14 "Art. 357. Prohibited Publication of Acts referred to in the
15 Course of Official Proceedings. - [The penalty of arrcsto mayor or a
16 fine of from 200 to 2,000 pesos, or both,] A FINE RANGING FROM
17 FIVE THOUSAND PESOS (P5,000) TO FIFTEEN THOUSAND
18 PESOS (P15,000) shall be imposed upon any reporter, editor or
19 manager of a newspaper, daily or magazine, who shall publish facts
20 connected with the private life of another and offensive to the honor,
21 virtue and reputation of said person, even though said publication be
22 made in connection with or under the pretext that it is necessary in
23 the narration of any judicial or administrative proceedings wherein
24 such facts have been mentioned."
26 "Art. 360. Persons responsible. - [Any person who shall publish,
27 exhibit, or cause the publication or exhibition of any defamation in
28 writing or by similar moans,] THE AUTHOR OF THE PUBLISHED
29 ARTICLE OR ANY PERSON WHO SHALL CAUSE THE
30 EXHIBITION OF THEATRICAL OR CINEMATOGRAPHIC
31 EXHIBIT CONTAINING DEFAMATORY WORDS shall be
32 responsible for the same.
1 "The author or editor of a book or pamphlet, or the editor or
2 business manager of a daily newspaper, magazine or serial publication
3 shall be responsible for any defamation contained therein to the same
4 extent as if he were the author thereof; PROVIDED, THAT
5 DEFAMATORY ARTICLE PASSED THROUGH SAID PUBLISHER,
6 EDITOR OR BUSINESS MANAGER FOR EDITING AND
7 REQUIRED THE LATTER'S APPROVAL FOR PUBLICATION.
8 X X x"
9 Sec. 5. A new article, to be numbered as Article 360-A of the same Act, is

10 hereby inserted after Article 360 of the same act, to read as follows:
11 "ARTICLE 360-A. VENUE. THE CIVIL SECTION IN CASES
12 OF LIBEL AGAINST A COMMUNITY JOURNALIST,
13 PUBLICATION OR BROADCAST STATION SHALL BE FILED IN
14 THE REGIONAL TRIAL COURT OF THE PROVINCE OR CITY
15 WHERE THE PRINCIPAL OFFICE OR PLACE OF BUSINESS OF
16 THE SAID COMMUNITY JOURNALIST, PUBLICATION OR
17 BROADCAST STATION IS LOCATED: PROVIDED, HOWEVER,
18 THAT THE COURT WHERE THE CIVIL ACTION IS FIRST FILED
19 SHALL ACQUIRE JURISDICTION TO THE EXCLUSION OF
20 OTHER COURTS.
21 "THE TERM 'COMMUNITY JOURNALIST, PUBLICATION
22 OR BROADCAST STATION' SHALL BE UNDERSTOOD TO MEAN
23 A JOURNALIST OR NEWS MEDIUM THAT OPERATES WITHIN A
24 LIMITED AREA OF CIRCULATION OR BROADCAST IN A CITY,
25 PROVINCE OR REGION, AS DEFINED UNDER EXISTING
26 LAWS."
27 Sec. 6. Separability Clause. - If for any reason, any provision of this Act is
28 declared unconstitutional or invalid, such parts not affected thereby shall remain in
29 full force and effect.
30 Sec. 7. Repealing Clause. - All laws, decrees, executive orders, rules and
31 regulations and other issuances or parts thereof which are inconsistent with this Act
32 are hereby repealed, amended or modified accordingly.
1 Sec. 8. Effectivity. - This Act shall take effect fifteen (15) days after its
2 publication in the Official Gazette or in any two (2) newspapers of general
3 circulations.
Approved,

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Second Regular Session) : 24 JAN 22 P6:27

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t .1 i'CS' til?

Introduced by Senator Jinggoy Ejercito Estrada

The Philippines is perceived as one of the most dangerous pieces in the

NGGOY EJERCITO ESTRADA

3 Senate Bill No. 977 filed on 30 June 2004

Introduced by Senator Jinggoy Ejercito Estrada

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

9 Sec. 5. A new article, to be numbered as Article 360-A of the same Act, is

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