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 dead. (Article. 353, Revised Penal Code; more discussion here)
What is the imposable penalty for libel?
Libel, committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, is punishable with 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. (Art. 355, RPC) [See also Online Libel as Cybercrime in the Philippines: Definition, Requisites and Application of Penalties]
What is the significance of Administrative Circular No. 08-2008, issued by the Supreme Court on 25 January 2008 (A.M. No. 08-1-17-SC)?
Administrative Circular No. 08-2008, providing for Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases, instructs all courts and judges to take note of certain preferences in imposing penalties for the crime of libel. “The Judges concerned may, in the exercise of sound discretion, and taking into consideration the peculiar circumstances of each case, determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense, work violence on the social order, or otherwise be contrary to the imperatives of justice.”
Is there any case or jurisprudence wherein only a fine was imposed?
Yes, there are a number of illustrations mentioned in the Circular. One of the cases cited is Fernando Sazon v. Court of Appeals and People of the Philippines, wherein the Supreme Court modified the penalty imposed upon petitioner, an officer of a homeowners’ association, for the crime of libel from imprisonment and fine in the amount of P200.00, to fine only of P3,000.00, with subsidiary imprisonment in case of insolvency, for the reason that he wrote the libelous article merely to defend his honor against the malicious messages that earlier circulated around the subdivision, which he thought was the handiwork of the private complainant. There are other illustrations stated in the Circular (full text here).
Does the Circular remove imprisonment as a penalty for libel?
No. The Circular explicitly states that it “does not remove imprisonment as an alternative penalty for the crime of libel under Article 355 of the Revised Penal Code.” In other words, the Circular does not “decriminalize” libel and the court could still impose imprisonment if called for by the circumstances. Also, even if only a fine is imposed but the accused fails or refuses to pay, the accused could be imprisoned, applying the Revised Penal Code provisions on subsidiary imprisonment.
When does the Circular take effect?
It takes effect upon its issuance, or on 25 January 2008.
Is this the first time that the Supreme Court issued a Circular of such nature?
No. Back in 2000 (Administrative Circular No. 12-2000, as clarified by Administrative Circular No. 13-2001), the Supreme Court provided for a similar rule of preference in the application of the penalties provided for in B.P. Blg. 22 (Bouncing Checks Law).
In issuing circulars of such nature, is the Supreme Court amending the law?
Some critics argue that the Supreme Court is, in effect, amending the law, referring to such act as “judicial legislation”. The Supreme Court, however, is merely interpreting the law. The law itself allows the judge to choose between the following penalties: (a) fine only; (b) imprisonment only; OR (c) both fine and imprisonment.
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Hi good afternoon, i wanna ask if it is possible to file a libel case against a person who’s accusing me and making up stories that im cheating on my husband? Even at my daughter’s school and to some relatives and ginamit nyang term is “pinependeho ko daw asawa ko” just because may ninong ang anak ko n boss ko s qatar nung nag abroad ako way back 2009, mula dalaga ako at ngayong may asawa na ko tinutulungan pa din kame, nung nanganak p nga ako since nsa hopital ako dahil cesarian ako sa asawa ko pinadala yung pera kasi d ako mkalabas ng hospital. Although hindi naaapektuhan at o nagpapaapekto asawa ko kaso yung mga taong hindi ako kilala e sobrang nahuhushagan at naapakan ang pagkatao ko. I want to know how long yung imprisonment kasi wala akong balak makipag areglo coz i’ve been stress and mentally abuse dalaga palang ako hanggang magka asawa ako please i need help. Than you!
My question is ..pnu pu kung minura at cniraan ka s social media ..pwdi pu b aq mgsmpa ng kaso..at kung pwdi pu anu pu un at anu ang parusa..tnxs
Good afternoon po,
Maitanong ko lang po kung anong dapat gawin sa mga taong mahilig manira ng buhay ng ibang tao. Yong mahilig gumawa ng kwento pra lang may pag uusapan o gawing chesmisan. Gusto ko po sanang sasampahan ng kaso kc subra subra napo ang paninira nila sa pagkatao ko. Lalo na gumagawa ng kung anong anong kwento panlalait sa pagkatao ko.
Ano po bang kaso ang dapat isasampa ko sa kanya? At kung ipapakulong ko ilang years po ba? Kung makipag.areglo po sya magkano po ba ipapabayad sa kanya bilang danyos sa paninira sa buhay at pagkato ko.
Mahirap kalimutan ang mga kinukwento nya sa mga tao tungkol sa pagkatao ko.
Ok lang sana kung totoo man.
Lalot mahirap tanggapin ginagawa nya lalot hindi totoo mga sinasabi nya at isa pa pangalan ko dignidad ko sinisira sa taong ito.
Kailangan ko po ang sagot at tulong nyo sa madaling panahon.
Maraming salamat po.
Evita.
Salamat po
Can i file a libel case for a person accussing me graft and corrupt in the public with the microphone with out any basis oe EVIDENCE?
Can i file a libel case against a person who wrote a letter of complaint addressed to my employer? She stated malicious accusations in her wriiten complaint. she accused me of cyber bullying posted on facebook and she accused me of beating a child without any proof. My whole being,my job and my reputation was effected. Even my performance on my job was affected because of what she did.