QuestionsQuestions (Republic Act No. 4363)
To further amend Article 360 of the Revised Penal Code on liability for written defamation (libel) and to modify the rules on venue/jurisdiction and procedure for filing criminal and civil actions for libel.
Any person who publishes, exhibits, or causes the publication or exhibition of any defamation in writing or by similar means, and specified publication editors/business managers.
The author or editor of a book or pamphlet, and the editor or business manager of a daily newspaper, magazine, or serial publication is responsible for defamations contained therein to the same extent as if he were the author thereof.
With the court of first instance of the province or city where the libelous article is printed and first published, or where any offended party actually resides at the time of the commission of the offense.
The text specifically provides for office in Manila. If the public officer’s office is not in Manila, venue is determined by where he held office at the time of commission or where the libelous article is printed and first published.
The action shall be filed in the Court of First Instance of the City of Manila, or of the city or province where the libelous article is printed and first published.
In the Court of First Instance of the province or city where he held office at the time of the commission of the offense, or where the libelous article is printed and first published.
The action shall be filed in the Court of First Instance of the province or city where he actually resides at the time of the commission of the offense, or where the libelous matter is printed and first published.
The law provides they shall be filed simultaneously or separately with the proper court.
The civil action shall be filed in the same court where the criminal action is filed and vice versa.
The court where the criminal action or civil action for damages is first filed shall acquire jurisdiction to the exclusion of other courts.
No. The amendment “shall not apply” to cases of written defamations where the civil and/or criminal actions have already been filed in court 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 such actions may be instituted, consistent with the article’s provisions.
No criminal action for defamation imputing a crime that cannot be prosecuted de officio shall be brought except at the instance of and upon complaint expressly filed by the offended party.
It takes effect only if and when, within thirty days from approval, newspapermen in the Philippines organize and elect members of a Philippine Press Council, and the President ascertains and proclaims that this has been done.
To promulgate a Code of Ethics for newspapermen and the Philippine press, investigate violations, and censure any newspaperman or newspaper guilty of a violation of the Code.
It states that invalidity of any section or sections does not invalidate the other sections (separability/non-invalidation of remaining provisions).