Title
Shortening Prescriptive Period for Libel
Law
Republic Act No. 4661
Decision Date
Jun 18, 1966
Republic Act No. 4661 amends the prescriptive period for libel and similar offenses in the Philippines, reducing it to one year for libel and six months for oral defamation and slander by deed.

Legal basis and amendment

  • Section 1 amends Article 90 of the Revised Penal Code.
  • Republic Act No. 4661 changes the prescription rules by expressly revising Article 90.
  • Section 1 retains the general prescription periods by penalty category and adds shortened periods for libel and related offenses.

Policy and purpose (as enacted)

  • Republic Act No. 4661 shortens the prescriptive period for libel and other similar offenses by amending Article 90 of the Revised Penal Code.

Article 90: Crimes and prescriptive periods

  • Article 90 provides that crimes punishable by death, reclusion perpetua or reclusion temporal prescribe in twenty years.
  • Article 90 provides that crimes punishable by other afflictive penalties prescribe in fifteen years.
  • Article 90 provides that crimes punishable by correctional penalties prescribe in ten years, except arresto mayor, which prescribes in five years.
  • Article 90 provides that libel or other similar offenses prescribe in one year.
  • Article 90 provides that the offenses of oral defamation and slander by deed prescribe in six months.
  • Article 90 provides that light offenses prescribe in two months.
  • Article 90 provides that when the penalty fixed by law is compound, the highest penalty shall be the basis in applying the rules in the first, second, and third paragraphs of Article 90.

Special transitory rule for pending cases

  • Section 2 provides that the amendatory rule on prescription does not apply to cases of libel already filed in court at the time of approval of Republic Act No. 4661.
  • Section 2 preserves the prescriptive treatment for libel cases that were already filed in court when June 18, 1966 occurred.

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