Title
Supreme Court
Amendment on Defamation Liability and Jurisdiction
Law
Republic Act No. 1289
Decision Date
Jun 15, 1955
Republic Act No. 1289, enacted in 1955, amends the Revised Penal Code in the Philippines to hold individuals responsible for publishing or exhibiting written defamation, allowing for the filing of criminal and civil actions for damages, and requiring the explicit complaint of the offended party for a criminal action to be brought.

Law Summary

Liability of Authors and Editors

  • The author or editor of a book or pamphlet, as well as the editor or business manager of daily newspapers, magazines, or serial publications, bear responsibility for defamatory content as if they authored it themselves.
  • This provision ensures accountability within publishing chains.

Filing of Criminal and Civil Actions

  • Criminal and civil actions for written defamation may be filed either simultaneously or separately.
  • Such actions are to be filed in the court of first instance where any accused or offended party resides at the time of the offense.
  • If the libel is published or circulated in a jurisdiction different from where the offended or accused reside, actions may be filed in that jurisdiction's court of first instance.

Jurisdiction and Exclusivity

  • Civil action must be filed in the same court where the criminal action is filed and vice versa.
  • The court where the first action (criminal or civil) is filed acquires exclusive jurisdiction over the case.

Exception for Pending Cases

  • The amendment does not apply to cases already filed before the law’s effectivity.

Requirement of Complaint for Certain Defamation Actions

  • Criminal action for defamation involving the imputation of a crime not prosecutable ex officio may only proceed upon an express complaint filed by the offended party.
  • This safeguards against unwarranted criminal prosecution without the complainant's initiative.

Effectivity

  • The Act takes effect immediately upon approval.

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