MANILA – A House of Representatives measure calls for the abolition of imprisonment penalty to those who will commit libel and instead slap hefty fines to discourage them from committing it.
Representative Rufus Rodriguez (2nd District, Cagayan de Oro City) said his House Bill 1835 seeks to amend the purpose of Articles 355, 357 and 360 of Act No. 3815, known as Revised Penal Code.
Libel is “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 already dead,” under Article 353 of the Revised Penal Code.
“The present law provides the penalty of imprisonment ranging from arresto mayor or one month and one day to six months, and prision correctional or six months and one day to six years and fine ranging from P200 to P6,000,” Rodriguez said.
“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,” he added.
Rodriguez said 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 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 expression, and where media is considered the Fourth Estate,” he added.
The proposed amendment to Article 355 of the Revised Penal Code provides for the imposition of a fine of P10,000 to P30,000, in addition to the civil action which may be brought by the offended party, on any person who commits libel by means of writing or similar means.
It further states that “the provisions of Article 90 and 91 to the contrary notwithstanding, the crime of libel and the corresponding said penalty imposed shall be prescribed in six months counted from the date of the first publication, airing or exhibition of the libelous material.”
The proposed amendment to Article 357 of the Revised Penal Code states that “the penalty of a fine from P10,000 to P30,000 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 said 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.”
Article 360 of the said law is likewise proposed amended to make the author of the printed article or any person who shall cause the exhibition of the theatrical or cinematographic exhibit containing defamatory words liable for the same.
The amendment declares that the author or the 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 defamation 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./PN
