Malice no longer presumed in libel

By Charlie V. Manalo

12/06/2008

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 Aggabao of Isabela, committee chairman, said the measure consolidating House Bills (HB) 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 Nograles, author of HB 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 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 Escudero III of Sorsogon, who filed HB 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 Ocampo and Teodoro Casiño of party-list Bayan Muna, Liza Maza and Luzviminda Ilagan of party-list Gabriela, all authors of HB 3535, said a free press is an essential component of a democratic society and acts as the watchdog of government.

Rep. Rufus Rodriguez of Cagayan de Oro City, author of HB 2133, said 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 to P6,000, to the proposed P100,000 to P300,000.

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