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Chasing the Wind: Assessing Philippine Democracy, Second Edition
anyone who “by words, utterances or speeches shall encourage disobedience to
the law or to the constituted authorities, or praise, justify, or extol any act
punished by law”, who publishes “any ofcial resolution or document without
proper authority, or before they have been published ofcially”, as well as
anyone who publishes or distributes anonymous leaets. Penalties include a
prison term of three months, plus a ne of from P200 to P1,000 (USD 4 to USD
25).
Defamation
Libel, a criminal offense that carries imprisonment upon conviction in the
Philippines, is provided for in the same Penal Code (Articles 353 to 362). Prison
terms range from one day to six years, in addition to the imposition of nes.
These are minimal (between USD 4 to USD 25) as in the case of violations of
Article 154, but this does not prevent complainants from demanding millions of
pesos in damages, some of which have been awarded, although higher courts
have later reversed them.
Criminal libel, which goes back to the period of US colonization, has been
particularly problematic in the Philippines in the last decade, during which
period politicians as well as former President Gloria Macapagal Arroyo's
husband used it against journalists critical of government. Journalists have
been imprisoned upon conviction in recent years but despite the efforts of
media advocacy and journalists' organizations to decriminalize libel in the
Philippines, it has remained in the Penal Code.
Article 353 denes libel as “a public and malicious imputation of a crime or 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.”
Article 354 declares that “every defamatory imputation is presumed to be
malicious, even if it be true,” except when it is made in a private communication
to another person undertaking a legal, moral, or social duty; and when it is in a
report on “any judicial, legislative or other ofcial proceedings…or any act
performed by public ofcers in the exercise of their functions.”
Articles 355 to 359 contain a list of penalties for various degrees of libel,
ranging from a ne of 200 to 6,000 Philippines pesos (USD 4 to USD 120), to a
ne of 200 to 2,000 pesos and imprisonment between six months and six years.
(Philippine courts, however, have applied these light penalties to each instance
of libel allegedly committed, so that ten counts or instances of libel committed in
an article, for example, could result in a penalty of 60,000 (6,000 x 10) Philippine
pesos and imprisonment of 10 years.
Article 201 of the same Code penalizes the publication of obscene material
punishable by up to three years imprisonment and nes of between six and 12
thousand pesos (about USD 125 to USD 250).
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