MANILA, Philippines - The House Committee on Revision of Laws has reported out for floor deliberation a substitute bill on libel removing the presumption of malice in defamatory statements and fixing the venue for filing libel cases.
Rep. Giorgidi B. Aggabao (4th District, Isabela), Committee Chairman, said the measure consolidating House Bills No. 2133, 2791, 2802, 3535 and 4914, requires that malice be proven by the complainant. This means the defendant must be shown to have acted with the knowledge that statements made were false or there was clear disregard for the truth, Aggabao said.
In the substitute bill, malice is not presumed in any discussion of any matter of public concern, or criticism of official conduct of public figures.
The substitute bill also limits the venue to where the principal place of business of the journalist, editor, business manager or publisher is located. Under the present law, libel may be filed where the article was published or at the place of the complainant's residence.
Speaker Prospero C. Nograles, author of HB No. 2802, said in explanatory note that more often than not, the offended party usually chooses the venue that is farthest from the principal office or place of work of the accused media practitioner. The proposed measure will protect community journalists accused of libel by providing a fair venue for both parties.
Aggabao, also the author of HB No. 4914, said removing the presumption of malice will make truth a complete defense and thus enrich freedom of speech and of the press.
Rep. Salvador H. Escudero III (1st District, Sorsogon), who filed HB No. 2791 said a strong print media could give great service to the Filipino in providing an effective mechanism of complete and fearless transparency over the excesses of government in the exercise of its powers.
Reps. Satur C. Ocampo and Teodoro A. Casino (Party-List, BAYAN MUNA), Liza L. Maza, and Luzviminda C Ilagan (Party-List, GABRIELA), all authors of HB No. 3535 said a free press is an essential component of a democratic society and acts as the watchdog of government.
Rep. Rufus B. Rodriguez (2nd District, Cagayan de Oro), author of HB No. 2133 said that imposing a higher fine will discourage if not totally deter the commission of the crime of libel. The substitute bill also increases the fine for libel, which used to range from P200.00 to P 6,000.00 to the proposed P100,000.00 to P300,000.00. (Abigail Macabeo)
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