SEN. GUINGONA FILES BILL DECRIMINALIZING LIBEL
SBN 2128 aims to protect freedom of speech

Senator Teofisto "TG" Guingona III has filed a bill anew that seeks to decriminalize libel in the country and repeal Article 355 of the Revised Penal Code.

"We must not forget how hard we fought for the democracy that we now enjoy, and that includes our freedom to speak against erring public officials. It is counter intuitive therefore for us to have come this far and yet have the cloud of possible imprisonment impinge on the liberties that the very democracy we have fought for seeks to protect," he said.

In the 15th Congress, he filed a similar bill (SBN 3374) that tries to decriminalize libel and promote freedom of speech and expression as mandated by the 1987 Constitution.

In Senate Bill 2128, the proposed measure decriminalizes libel "by means of writing or similar means as defined in Article 355 of the Revised Penal Code." Sen. Guingona opined that no less than the Bill of Rights as enshrined in the 1987 Philippine Constitution guarantees that "No law shall be passed abridging the freedom of speech, of expression, or of the press, or of the right of the people peaceably to assemble and petition the government for redress of grievances."

The senator also cited Article 19 of the International Covenant on Civil and Political Rights, of which the Philippines is a state party, that states "Everyone shall have the right to freedom of expression," and that "this right shall include the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice."

"This bill proposes to remove imprisonment as a penalty for libel because the threat of jail time sends a sufficient chilling effect on the freedom of expression," Sen. Guingona said.

He stressed that a democratic and free country should promote and protect the right of its people to express themselves in ways that are both free and responsible.