Senator Teofisto Guingona III. INQUIRER FILE PHOTO
COTABATO CITY, Philippines – Mindanao lawmakers have started separate efforts against the controversial libel law.
Senator Teofisto Guingona III said he has filed anew a bill that seeks to repeal Article 355 of the Revised Penal Code, which would effectively make the offense decriminalized.
“We must not forget how hard we fought for the democracy that we now enjoy, and that includes our freedom to speak against erring public officials. It is counter intuitive therefore for us to have come this far and yet have the cloud of possible imprisonment impinge on the liberties that the very democracy we have fought for seeks to protect,” Guingona said in a statement emailed to the reporters.
Senate Bill 2128, according to Guingona, was also aimed at boosting the Bill of Rights, enshrined in the 1987 Constitution.
“No law shall be passed abridging the freedom of speech, of expression, or of the press, or of the right of the people peaceably to assemble and petition the government for redress of grievances,” he said, quoting the Constitution.
Guingona said international laws, such as Article 19 of the International Covenant on Civil and Political Rights, of which the Philippines is a state party, also underscores the right to freedom of expression.
“This right includes the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice,” he said, quoting from the international law.
Guingona said amid the laws, a person charged with libel faces both civil and criminal offenses.
“Our bill proposes to remove imprisonment as a penalty for libel because the threat of jail time sends a sufficient chilling effect on the freedom of expression,” Guingona said.
Bayan Muna Representative Karlos Zarate, who hails from General Santos City, said his party-list is finalizing a motion for partial reconsideration of the Supreme Court’s decision that declared online libel as constitutional.
“This law must be repealed, being draconian and undemocratic,” he said, adding that there were also efforts by militant party-lists to move for the decriminalization of libel.