Category Archives: Criminal Law

One-Year Prescriptive Period for Online Libel: House Bill No. 7010

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[Full text of House Bill No. 7010, proposing a one-year prescriptive period for online libel, as defined under Republic Act No. 10175 (Cybercrime Prevention Act of 2012). Incidentally, this prescriptive period of libel is one of the issues in the criminal case against Maria Ressa and Rappler (see Decision). Perhaps Congress should instead discuss the proposal to DECRIMINALIZE libel.]

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Decision in People vs. Reynaldo Santos, Jr., Maria Angelita Ressa and Rappler, re Online Libel (Full Text)

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[Full text of the trial court’s Decision dated 15 June 2020 in People of the Philippines vs. Reynaldo Santos, Jr., Maria Angelita Ressa, and Rappler, Inc., Criminal Case No. R-MNL-19-01141-CR, for online libel under Section 4(c)(4) of Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012. Citations have been omitted.]

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Online Libel as Cybercrime in the Philippines: Definition, Requisites and Application of Penalties

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The crime of libel in the Philippines is defined and penalized under Article 353 (“Definition of Libel”), in relation to Article 355 (“Libel by means of writings or similar means”) of the Revised Penal Code (“RPC”). There was a debate whether the required “publication” in libel encompasses the internet, which was not yet in existence when the RPC was enacted. This debate has been laid to rest, with the enactment of Republic Act (“R.A.”) No. 10175, also known as the Cybercrime Prevention Act of 2012. This article discusses the definition, elements/requisites and applicable penalties for online libel. 

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The Anti-Terrorism Act of 2020: Salient Points of Republic Act No. 11479

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[Update: On 3 July 2020, the President signed Republic Act No. 11479, otherwise known as the Anti-Terrorism Act of 2020. Earlier this year, the Senate passed Senate Bill No. 1083, a proposed law to prevent, prohibit and penalize terrorism, and repeal Republic Act No. 9372, otherwise known as the “Human Security Act of 2007.” The provisions of SB 1083 were adopted in House Bill No. 6875, certified as urgent by the President on 1 June 2020. On 3 June 2020, the House of Representatives approved HB 6875 on third and final reading. The enrolled bill was transmitted to and received by Malacanang on 9 June 2020. The salient points of the proposed Anti-Terrorism Act of 2020 are discussed below.]

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COVID-19-Related Anti-Discrimination Act (House Bill No. 6817)

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On 27 May 2020, the House of Representatives approved on second reading House Bill No. 6817, which proposes “An Act Prohibiting the Discrimination Against Persons who are Declared Confirmed, Suspect, Probably, and Recovered Cases of COVID-19, Repatriated Filipinos, Healthcare Workers, Responders, and Service Workers and Providing Penalties for Violation Thereof”. The short title is “COVID-19-Related Anti-Discrimination Act.”

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Laws on Child Support in the Philippines

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There were discussions about a proposed law which seeks to penalize the refusal or failure of “any person” to pay “legal child support.” This refers to the proposed “Child Support Enforcement Act” (House Bill No. 6079 during the 16th Congress; House Bill No. 387 during the 17th Congress), which seeks to penalize the refusal or failure of “any person” to give legal child support without justifiable cause. While the proposed law covers “any person”, reading the provisions gives the impression that it basically threatens the father of the child with imprisonment in case of failure or refusal to give support.

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Implementing Rules and Regulations of the Motorcycle Crime Prevention Act (Republic Act No. 11235): Full Text

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[Full text of the Motorcycle Crime Prevention Act IRR. See also Summary/Salient Points; Primer of RA 11235.]

IMPLEMENTING RULES AND REGULATIONS

REPUBLIC ACT NO. 11235

AN ACT PREVENTING AND PENALIZING THE USE OF MOTORCUCLES IN THE COMMISSION OF CRIMES BY REQUIRING BIGGER, READABLE AND COLOR-CODED NUMBER PLATES AND IDENTIFICATION MARKS, AND FOR OTHER PURPOSE

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Cybercrimes and Warrantless Arrests: The Case of Ronnel Mas

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A cybercrime may refer to an offense defined and penalized under the Cybercrime Prevention Act of 2012 (Republic Act No 10175), or crimes/offenses defined and penalized in other laws committed through an information and communications system (ICT). A warrantless arrest, on the other hand, may be valid under certain circumstances (see Warrant of arrest in cybercrimes). We see the combination of both topics discussed in this Forum, cybercrimes and valid warrantless arrests, in the recent resolution of the Department of Justice (DOJ) relating to the warrantless arrest of a teacher, Ronnel Mas.

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