Regular libel has a prescriptive period of one year in the Philippines, but R.A. 10175 does not define a prescriptive period for cyberlibel. In sum, the offended party must file a complaint for libel with the prosecutor’s office for preliminary investigation within one year from the time the offended party discovered the commission of libel. Keng filed his complaint in 2017, or 5 years after the article was published in 2012. In Lake Charles and the rest of Louisiana, the following prescriptive periods (or deadlines) are in place: Libel and Slander (Defamation) – One year to file suit 3326. It penalizes libel, as defined under the Revised Penal Code, but imposes a higher penalty because of the use of information and communication technologies. The SC, in this resolution, did not mention if it was treating cyber libel as a different crime from ordinary libel. Judge Rainelda Estacio-Montesa, who convicted Ressa and former Rappler researcher Reynaldo Santos Jr., applied Act No. The bill seeks to amend Republic Act (RA) No. Prescription for cyber libel - Under Article 90 of the Revised Penal Code, the crime of libel shall prescribe in one year. Under the Revised Penal Code, as revised by Republic Act 4661, libel prescribes in one year, meaning you can only be sued for libel within a year of publication. Penal Code . Prescription is a way to gain or lose a right through the passage of time. "The crime of libel or other similar offenses shall prescribe in one year. Light offenses prescribe in … This means Marie’s property has expanded by a few centimetres. However, one view is that the prescriptive period is 12 years based on Act 3326, where cyber libel can be considered a crime under a special law, for which the penalty for the offense is prisión correccional in its maximum period (4 years 2 months and 1 day to 6 years) to prisión … The period of time varies according to the situation. 90, RPC as amended by Republic Act No. Metro Manila (CNN Philippines, June 18) — A legislator from the House of Representatives is pushing to amend the cybercrime law to clearly state that cyber libel has a one-year prescription period. Later, on February 22, 2018, the NBI junked Keng’s complaint, affirming that the one-year prescriptive period for libel had already lapsed. The NBI summoned Ressa … 4661. Prescription of crime.—Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years. The Affidavit-Complaint for sexual harassment against him was filed before the Office of the Ombudsman on April 1, 2014. Under Article 355, libel is committed by means of “writing, printing xxx or any other similar means.” The Court ruled that “online defamation constitutes ‘similar means’ of committing libel.” Thus, the prescriptive period of one year in the RPC applies to cyberlibel since it is an offense defined and penalized in the Code. Ang prescription period ay ang panahon kung kailan dapat makapagsampa ng kaso ang isang naargabyado mula sa panahon kung kailan nagawa ang krimen. The crime of libel or other similar offenses shall prescribe in 1 year. 3326 applies, which provides a 12-year prescriptive period for offenses punished under a ‘special law’ such as the CPA. 90. 2. However, Article 90 has expressly prescribed a prescriptive period of only one year for libel, down from two years prior to the 1966 amendment effected by RA No. The Court ruled that the prescriptive period is 12 years for cybercrime libel for which the case fell within it, by reason of the republication, adopting the prosecution’s theory that since RA 10175 (Cybercrime Law) does not prescribe a penalty, Act No. 3326 applies, which provides a 12-year prescriptive period for offenses punished under a ‘special law’ such as the CPA. There is very little to support the majority view that the law will not continue to have this effect on speech. A : The period of prescription that ran during the evasion is not forfeited . For cyber libel, the Cybercrime Prevention Act of 2012 is silent on the prescriptive period. However, Judge Montesa denied the journalists’ appeal to junk the charges on Friday (April 12). In ordinary libel crime, the prescription period is only one year. In contrast, ordinary libel under the Revised Penal Code carries a one-year prescriptive period. 3326 applies, which provides a 12-year prescriptive period for offenses punished under a ‘special law’ such as the CPA. Since CA Act No. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: H. No. Prescriptive period. Lawyer Michael Sciriha, for Fenech, argued that as the allegations at issue were verbal in nature, a prescriptive period of three months applied and that this period had clearly elapsed. The length of the penalty of libel is six months and one day to six years which is a correctional penalty with a prescriptive period of 10 years. 3326 in ruling that the prescriptive period is 12 years, saying the anti-cybercrime law does not provide … CCPC earlier took a stand against the "novel theory" of the Department of Justice, which stretches cyber-libel's prescription period from one year to 12 years. 83463]. The court also upheld the DoJ’s claim that the prescriptive period for the filing of the cyber-libel case is 12 years, as the sentence for cyber-libel is until eight years of imprisonment, contrary to the argument of Rappler that the prescriptive period for the case should be one year, similar to ordinary libel. Summing up: the cyber-libel law does not provide for a prescriptive period. The Revised Penal Code prescriptive term of one year does not apply. The five-year gap between the article’s publication and Keng’s complaint was much longer than the one-year prescriptive period for ordinary libel in … What are the damages recoverable in an action for libel? 4661 Congress of the Philippines 18 June 1966. 3326 provides a prescription period of “after 12 years” for special law crimes punished by six years or more in jail, then cyber libel – which has a jail sentence that could reach 12 years – falls under the 12-year prescription period found in CA Act No. Sec. On June 15, 2020, online news organization Rappler’s CEO and executive editor Maria Ressa and former Rappler researcher-writer Reynaldo Santos Jr. were convicted of cyber libel charges over a seven-year-old report on a businessman’s alleged links to illegal drugs and human trafficking. Ressa argues that Keng can’t sue her anymore because libel can be filed only up to a year after Keng found out about it. If we reckon the prescriptive period from June 2012, it is with more reason that this case should be dismissed outright for having been filed out of time. 10175 o Cyber Crime … The prescription of crimes depends on what penalty is imposed unless it provides for a specific penalty. NBI cybercrime division chief Manuel Antonio Eduarte says that the NBI evaluation found that the one-year prescriptive period for libel has already lapsed, affirming what Ressa and Santos’ counter-affidavits said. The criminal libel case had begun in July 2014. The Department of Justice used in court RA 3326, which provides that for any other offenses punishable by imprisonment of six years or more, the prescription period is 12 years,” Rodriguez said. In contrast, ordinary libel under the Revised Penal Code carries a one-year prescriptive period. 90 of RPC Death, Reclusion Pertpetua or Reclusion Temporal – 20 years Other Afflictive Penalties –15 years Correctional Penalties -- 10 years except for the penalty of arresto mayor which prescribed in 5 years Crime of Libel – 1 year Oral Defamation and Slander by deed – 6 months Light Offenses – 2 months Crimes punishable by … Our Revised Penal Code states that the prescription for the libel is one year. Lo vs. Court of Appeals (GR No. The Revised Penal Code says the old crime of libel has a prescriptive period of one year, which means one could sue for libel within one year. Under House Bill No. The Revised Penal Code was passed into law after Commonwealth Act 3326 on January 1, 1932. Some camps argue, … February 28, 2018 Those punishable by death, reclusion perpetua, reclusion temporal - 20 years. Under the Revised Penal Code, as revised by Republic Act 4661, libel prescribes in one year, meaning you can only be sued for libel within a year of publication. ... Computation of prescription of offenses. Instead, the judge used the law (Act #3326) that applies to crimes covered by special laws. But on March 2, 2018, the NBI recommended to the justice department that Rappler be prosecuted for cyber libel. The Manila court upheld DOJ's earlier resolution that the prescriptive period for cyber libel is 12 years, contrary to the argument of Rappler that the one year period of prescription has lapsed. 3326 as the basis for the prescriptive period for cyber libel, making it 12 years, when it supposedly should have applied Article 90 of the Revised Penal Code (RPC) as amended by RA 4461. "The offenses of oral defamation and slander by deed shall prescribe in six months. The problem here is that Commonwealth Act 3326 was meant to apply to the old Penal Code. Sa inihaing House Bill 7010, tinukoy ni Rodriguez ang pagkakaiba ng opinyon patungkol sa prescription period sa cyber libel. Under the Revised Penal Code, as revised by Republic Act 4661, libel prescribes in one year, meaning you can only be sued for libel within a year of publication. Keng filed his complaint in 2017, or 5 years after the article was published in 2012. The cybercrime law is silent on the prescription period of cyber libel. Light offenses prescribe in … Keng filed his complaint in 2017, or 5 years after the article was published in 2012. People of the Philippines, whatever is the length of the penalty of libel or cyberlibel, the prescriptive period will always remain at one year because this is what Article 90 expressly provides—“the crime of libel or other similar offenses shall prescribe in one year.” What protest? China militia vessels return to reef inside PH EEZ Fraud – One year to file suit. 46, 11769 (November 11, 1968) [ REPUBLIC ACT NO. Later, on February 22, 2018, the NBI junked Keng’s complaint, affirming that the one-year prescriptive period for libel had already lapsed. What is charged as criminal libel may contain precious protected speech. This lack of a textual basis gave DOJ, and later on Montesa, an opening to cite the pre-war Act 3326 which lays down prescriptive periods for special laws. In the motion, they also questioned the court’s decision to apply Republic Act (RA) No. Another issue that the DOJ opined on was the prescriptive period. “Because cyber libel is not a new crime, then the one-year prescriptive period applies to it. What is the rule on prescriptive period? The use of this law to justify the verdict, however, remains contested even in the legal sphere because the law cited was enacted when the Philippines was still a colony of U.S. and should have been superseded by more recent laws, one of which states the one-year prescription period for libel (Robles, 2019b). The Department of Justice used in court RA No. Article ninety of the Revised Penal Code is hereby amended to read as follows: “Art. The crime of libel or other similar offenses shall prescribe in one year. 3326. If so, should they not have the same penalty and prescriptive period of only one year? The ruling, which can still be appealed and brought up to the Supreme Court, … 7877 is three (3) years. What is the prescriptive period for filing a criminal complaint for libel? The prescriptive period for violations of R.A. No. Prescription of crimes. “Libel — The unlawful or prohibited acts of libel, as defined xxx” Considering that prision correccional in its maximum period and prision mayor in its minimum period is 4 years, 2 months and 1 day to 8 years, the offense shall prescribe after TWELVE (12) YEARS following the provision of section 1 of Act No. REPUBLIC ACT NO. 3326 applies, which provides a 12-year prescriptive period for offenses punished under a ‘special law’ such as the CPA. #cyberlibel #cybercrime #prescriptiveperiodcyberlibelPwede po magtanong ng legal sa comments at sasagutin po namin ngayon din. Cagayan de Oro City 2nd district Rep. Rufus Rodriguez proposed in House Bill (HB) No.7010 that the prescription period for cyber libel should only be one year, the same as ordinary cases of libel. Law's silence He admits in his Reply that he has failed to comply with the one-year prescriptive period for Libel under Art. Under the bill, RA 10175 is amended to provide that all acts punishable under the said law would prescribe in three years from the commission of the offense, except for cyber libel, which would lapse in one year from the date of publication of the article. In contrast, ordinary libel under the Revised Penal Code carries a one-year prescriptive period. Injury to Personal Property – One year to file suit. Ressa’s cyber libel conviction highlights the danger to journalistic freedom to write and report the truth: a fundamental right in a functioning democratic country now being threatened by autocratic leadership. Following Article 90 of the RPC, the prescription period for crimes punishable by afflictive penalties is 15 years – although, again, the very same section provides for a one-year period for libel. 4661; People vs. Gines, 197 SCRA 481) 11. Medical Malpractice – … since the CPA does not expressly mention the prescriptive period, the trial court held that Republic Act No. Crimes punishable by other afflictive penalties shall prescribe in fifteen years. A legislator has proposed a one-year prescription period for the crime of cyberlibel. Libel law now is used not so much to prosecute but deter speech. Section 1. With respect to the issue of prescription, the fourth paragraph of Article 90 of the Revised Penal Code provides that the “crime of libel or other similar offenses shall prescribe in one year.” The former law dean noted that there have been differing opinions on when the crime of cyber libel prescribes. The NBI made the move after Keng filed a supplemental affidavit, stating that the prescriptive period for crimes falling under Section 4(c) (4) of the Cybercrime Prevention Act of 2012 is 15 years and not one year. The offenses of oral defamation and slander by deed shall prescribe in 6 months. The solicitor general during oral arguments had said the prescriptive period for the crime of libel is one year, according to the pleading. 10175 or the Cybercrime Prevention Act of 2012. 4661. Petitioner, guilty beyond reasonable doubt of the crime of grave oral defamation, is hereby sentenced to serve a prison term ranging from 4 months of arresto mayor, as minimum, to 1 year and 8 months of prision correccional, as maximum. In an information filed on 26 May 1992, petitioner Jose C. Sermonia was charged with bigamy before the Regional Trial Court of Pasig, Br. But on March 2, 2018, the NBI recommended to the justice department that Rappler be prosecuted for cyber libel. 7010, The "ex-post-facto" application of the law was unjust to Maria Ressa and Santos. The period of prescription that has run in his favor should be taken into account . Keng filed the complaint in 2017 or 5 years later, beyond the more typical one-year prescription period for libel under the Revised Penal Code. Section 34 of the Defamation Act allows for a criminal action for libel to be brought against a defendant. The DOJ further argued that, while regular libel has a prescriptive period of one year in the Philippines, the CPA does not define a … However, Article 90 has expressly prescribed a prescriptive period of only one year for libel, down from two years prior to the 1966 amendment effected by RA No. 90, Par. In case of disability of the defendant, the three (3) year prescriptive period will commence from the time the defendant ceases to be under disability. Section 34 of the Defamation Act allows for a criminal action for libel to be brought against a defendant. The fifteen-year prescriptive period commences to run from the day on which the crime is discovered by the offended party, the authorities, or their agents. In contrast, ordinary libel under the Revised Penal Code carries a one-year prescriptive period. Under Article 90 of the RPC, the crime of libel and other similar offenses shall prescribe in one year.” “The Tolentino citation was unnecessary because, under Disini, there is a … Itinutulak ni Cagayan de Oro City Representative Rufus Rodriguez na magkaroon ng isang taon prescription period para sa cyber libel. What is the prescription of Cybercrime Libel? Had lawmakers of RA 10175 intended to make the prescriptive period for cyber libel different from ordinary libel, it would’ve expressly provided so, as it did in making the penalty for cyber libel one degree higher than that for ordinary libel. It only classifies cyber libel as ordinary libel committed online. “RA 10175 did not provide for any prescription for punishable acts in said law. The crime of libel prescribes in one year from the date the alleged libelous article was published. — Crimes punishable by death, reclusion perpetua or reclusion … Under the Revised Penal Code (RPC), libel prescribes one year. She said that cyber libel has a prescriptive period of 12 years, contrary to Rappler‘s claim that it was one year. (Art. In Lake Charles and the rest of Louisiana, the following prescriptive periods (or deadlines) are in place: Libel and Slander (Defamation) – One year to file suit. AN ACT SHORTENING THE PRESCRIPTIVE PERIOD FOR LIBEL AND OTHER SIMILAR OFFENSES, AMENDING FOR THE PURPOSE ARTICLE NINETY OF THE REVISED PENAL CODE. Cagayan de Oro City Rep. Rufus Rodriguez Solon seeks 1-yr prescription for cyber libel cases - Manila Standard Monday, March 14, 2022 manilastandard.net ADVERTISEMENT About News Top Stories National World News Pinoy Abroad Features Opinion Editorial Columns THIRD, that the prescriptive period for filing a case has lapsed. In her order, Judge Montesa said that the case was filed on February 5, 2019, “which is well within the period of 12 years.” statute of limitations: A type of federal or state law that restricts the time within which legal proceedings may be brought. An Act Shortening the Prescriptive Period for Libel and Other Similar Offenses, Amending for the Purpose Article Ninety of the Revised Penal Code Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled: Section 1. Article ninety of the Revised Penal Code is hereby amended to read as follows: The five-year gap between the publication of the article and Keng’s complaint is an important issue in the trial, because there is usually only a … Currently, in cases of latent damage, the prescriptive period starts when the claimant became aware, or could with reasonable diligence have become aware, of the damage. Article 90 [as amended] should have been the basis for the determination of the prescriptive period for libel which is one (1) year. The Cybercrime Prevention Act of 2012 does not really define cyber libel. The issue of the prescriptive period in filing an action against the employer for enforcing the provisions of RA 1161 was one of the issues raised in the case of Rafael A. CMFR/PHILIPPINES — Scarcely a week after the Securities and Exchange Commission (SEC) revoked online news site Rappler’s incorporation papers, the National Bureau of Investigation (NBI) subpoenaed CEO Maria Ressa and a former reporter last January 18 in connection with an online libel complaint filed by a businessman.. Acts punishable under the Revised Penal Code, which includes libel, have a prescriptive period of one year as explained in People v Gines [G.R. The Cybercrime Law of 2012 doesn’t change the definition of libel penalized under Article 355 of the Revised Penal Code (RPC). 151, for contracting marriage with Ma. An Act Shortening the Prescriptive Period for Libel and Other Similar Offenses, Amending for the Purpose Article Ninety of the Revised Penal Code Republic Act No. 1037 / 64 OG No. Cagayan de Oro Rep. Rufus Rodriguez filed a bill proposing to set a one-year prescription period for cyberlibel. 3. The prescriptive periods for crimes punishable under the Revised Penal Code are found in Article 90 thereof, to wit: “Article 90. On Feb. 22, 2018, Eduarte closed the investigation since the prescription period had passed and the NBI’s legal and evaluation service found no basis to proceed with the complaint. Further, since the CPA does not expressly mention the prescriptive period, the trial court held that Republic Act No. The period of prescription that has run in his favor should be taken into account. The NBI junks the cyber libel complaint filed against Rappler. And the penalty for cyber-libel fits snugly into the 12-year bracket. Further, since the CPA does not expressly mention the prescriptive period, the trial court held that Republic Act No. On Jan. 10, 2019, the DoJ recommended the filing of cyber libel charges against Ressa and Santos. Seares also said stretching the prescriptive period or the time limit for filing a case on anyone violating the Cybercrime Prevention Act of 2012 will cause greater harm to journalists. Secondly, the prescription period, the maximum time period set by statute that an entity can bring up legal action, is highly problematic. The civil indemnity of P5,000.00 is deleted from the judgment under review. The Solicitor General insists that the one-year prescriptive period for libel should be reckoned from the date of filing of the complaints with the office of the prosecutor as clarified by the Court in Olarte and Francisco and as stated in the 1985 Rules on Criminal Procedure, as amended in 1988, which applies to the complaints filed against Brillante as of October 1988. On the other hand, the crime of slander by deed and oral defamation shall prescribe in six months. Let’s say that the fence separating Marie’s property from her neighbour’s is located on the wrong side of the real property line. The crime of libel or other similar offenses shall prescribe in 1 year. Prescriptive Period of Crimes under Art. We have briefly discussed Louisiana’s prescriptive period, but we are going to go into a bit more detail regarding how much time you have to file suit depends on the type of case. since the CPA does not expressly mention the prescriptive period, the trial court held that Republic Act No. It would be oppressive to others, more acutely on journalists who don't stop working because of a lawsuit. The following are the prescriptive periods: 1. The crime of oral defamation and slander by deed shall prescribe in six months. The DOJ reasoned that on February 19, 2014, the editorial change amounted to a re-publication, so charges could proceed. In case of disability of the defendant, the three (3) year prescriptive period will commence from the time the defendant ceases to be under disability. The cyber libel case was filed by Mr. Keng over a Rappler article published on May 29, 2012, months before the Cyber-crime Prevention Act was signed into law in September 2012. The complaint should not have been filed as the prescriptive period had already lapsed, according to Jojo Lacanilao, co-convenor of Concerned Lawyers For Civil Liberties. Statutes of limitations, which date back to early Roman Law , are a fundamental part of European and U.S. law. Q1: Citing a Supreme Court decision in 2014, some critics claim that libel and cyberlibel are really one and the same crime committed via different means. A Manila court has reset the arraignment of embattled Rappler CEO and Executive Editor Maria Ressa for a cyber libel case filed by a local businessman. 4, of the Rev. Para maiwasan ang kalituhan, pina-aamyendahan nito ang Republic Act No. Statutes of limitations, which date back to early Roman Law , are a fundamental part of European and U.S. law. The provision of this amendatory Act shall not apply to cases of libel already filed in court at the time of approval of this amendatory Act. Tort: three years except for actions for libel or slander, which must be brought within 12 months. The court also upheld the DoJ’s claim that the prescriptive period for the filing of the cyber-libel case is 12 years, as the sentence for cyber-libel is until eight years of imprisonment, contrary to the argument of Rappler that the prescriptive period for the case should be one year, similar to ordinary libel. MANILA, Philippines — Following the conviction of Rappler Executive Editor and CEO Maria Ressa, a lawmaker is proposing a one-year prescription period for cyber libel. The RTC judge ruled that the prescriptive period for cyberlibel is 12 years as provided for by Commonwealth Act 3326. The instant case was filed on July 8, 2013. No. The Cybercrime Prevention Act of 2012, does not explicitly mention a prescription period. Hence, the question is: will the one year prescriptive period also apply to cybercrime libel? First is the prescription period. The Cybercrime Law did not explicitly provide a prescription period for cyber libel. statute of limitations: A type of federal or state law that restricts the time within which legal proceedings may be brought. First is the prescription period. Actions to recover land: 12 years. "The crime of libel or other similar offenses shall prescribe in one year. "Light offenses prescribe in … 3326, which provides that for any other offenses punishable by imprisonment for six years or more, the prescription period is 12 years,” Rodriguez added. Those punishable by other afflictive penalties … The length of the penalty of libel is six months and one day to six years which is a correctional penalty with a prescriptive period of 10 years. 4661, June 18, 1966 ] AN ACT SHORTENING THE PRESCRIPTIVE PERIOD FOR LIBEL AND OTHER SIMILAR OFFENSES, AMENDING FOR THE PURPOSE ARTICLE NINETY OF THE REVISED PENAL CODE.. 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