Law Summary
Jurisdiction for Filing Actions and Venue
- Criminal and civil actions for written defamation can be filed simultaneously or separately.
- Venue lies in the Court of First Instance of the province or city where the libelous article is printed and first published or where the offended party resides at the time of the offense.
- Special provisions exist if the offended party is a public officer, especially with offices in the City of Manila.
- The same court shall hear both civil and criminal actions if both are filed.
- Whichever court first acquires jurisdiction excludes others from trying the case.
- This amendment applies only to cases filed after the law’s effectivity.
Preliminary Investigation
- Conducted by the provincial or city fiscal of the province or city where the action is instituted or by the municipal court of the city or provincial capital.
Complaint Requirement for Crimes Not Prosecutable Motu Proprio
- No criminal action for defamation involving the imputation of non-prosecutable crimes shall proceed without a complaint filed expressly by the offended party.
Separability Clause
- If any section of the act is declared unconstitutional or invalid, the remaining provisions remain effective.
Condition Precedent for Effectivity
- The law shall take effect only if newspapermen in the Philippines organize and elect a Philippine Press Council within 30 days from approval.
- The Council acts as a private agency to promulgate a Code of Ethics, investigate violations, and censure violators among newspapermen and newspapers.
- The President shall ascertain and proclaim the organization and election of the Council members for the law’s effectivity.