Question & AnswerQ&A (Republic Act No. 4363)
Republic Act No. 4363 further amends Article 360 of the Revised Penal Code concerning the responsibility for written defamation, including the persons liable and the venue for filing cases related to libelous writings.
Any person who publishes, exhibits, or causes the publication or exhibition of defamation in writing or by similar means is responsible. This includes the author or editor of a book or pamphlet, and the editor or business manager of newspapers, magazines, or serial publications.
Editors and business managers are responsible for the defamations contained in their publications to the same extent as if they were the authors.
The action may be filed either in the Court of First Instance of the province or city where the libelous article is printed and first published, or where any of the offended parties actually resides at the time of the offense. Special provisions apply if the offended party is a public officer based in Manila or elsewhere.
If the public officer’s office is in Manila, the case must be filed in Manila or where the article was published. If not in Manila, it must be filed in the place where the officer held office at the time or where the article was published.
Yes, the criminal and civil actions can be filed simultaneously or separately, but the civil action shall be filed in the same court where the criminal action is filed and vice versa.
The court where the criminal or civil action is first filed acquires jurisdiction to the exclusion of other courts.
Yes, this amendment does not apply to cases of written defamation where civil and/or criminal actions had already been filed at the time of the law’s effectivity.
The provincial or city fiscal of the province or city, or the municipal court of the city or capital of the province where the actions may be instituted conducts the preliminary investigation.
No, such criminal action can only be brought at the instance of and upon complaint expressly filed by the offended party.
This Act shall take effect only if newspapermen in the Philippines organize and elect members of a Philippine Press Council within thirty days from its approval. The Council must promulgate a Code of Ethics, investigate violations, and censure offenders, with the fact of organization proclaimed by the President.
The Philippine Press Council is to promulgate a Code of Ethics for newspapermen and the press, investigate violations, and censure any newspaperman or newspaper guilty of violating the Code.
If any section is declared unconstitutional or invalid, it will not affect the validity of the other sections of the Act.