AN ACT TO FURTHER AMEND ARTICLE THREE HUNDRED SIXTY OF THE REVISED PENAL CODE.

Case Overview and Summary

Summary of Republic Act No. 4363

Persons Responsible for Defamation:
- Any person who publishes, exhibits, or causes the publication or exhibition of any defamation in writing or by similar means shall be responsible. (Section 1)
- The author, editor of a book or pamphlet, or the editor or business manager of a daily newspaper, magazine, or serial publication shall be responsible for defamations contained therein to the same extent as the author. (Section 1)

Jurisdiction and Venue for Criminal and Civil Actions:
- The criminal and civil action for damages in cases of written defamations shall be filed simultaneously or separately with the court of first instance of the province or city where:
    - The libelous article is printed and first published, or
    - Any of the offended parties actually resides at the time of the offense. (Section 1)
- If one of the offended parties is a public officer whose office is in Manila at the time of the offense, the action shall be filed in the Court of First Instance of Manila or where the libelous article is printed and first published. (Section 1)
- If the public officer does not hold office in Manila, the action shall be filed in the Court of First Instance of the province or city where the officer held office at the time of the offense or where the libelous article is printed and first published. (Section 1)
- If one of the offended parties is a private individual, the action shall be filed in the Court of First Instance of the province or city where the individual actually resides at the time of the offense or where the libelous matter is printed and first published. (Section 1)
- The civil action shall be filed in the same court where the criminal action is filed, and vice versa. (Section 1)
- The court where the criminal action or civil action for damages is first filed shall acquire jurisdiction to the exclusion of other courts. (Section 1)
- This amendment shall not apply to cases of written defamations where the civil and/or criminal actions have been filed in court at the time of the effectivity of this law. (Section 1)

Preliminary Investigation:
- Preliminary investigation of criminal actions for written defamations shall be conducted by the provincial or city fiscal of the province or city, or by the municipal court of the city or capital of the province where such actions may be instituted in accordance with the provisions of this article. (Section 1)

Private Prosecution:
- No criminal action for defamation which consists in the imputation of a crime which cannot be prosecuted de officio shall be brought except at the instance of and upon complaint expressly filed by the offended party. (Section 1)

Severability Clause:
- If any section or sections of this Act shall be declared unconstitutional or invalid, it shall not invalidate the other sections hereof. (Section 2)

Effectivity Clause:
- This Act shall take effect only if and when, within thirty days from its approval, the newspapermen in the Philippines shall organize and elect the members of a Philippine Press Council, a private agency of the said newspapermen, whose function shall be to promulgate a Code of Ethics for them and the Philippine press, investigate violations thereof, and censure any newspaperman or newspaper guilty of any violation of the said Code. (Section 3)
- The fact that such Philippine Press Council has been organized and its members have been duly elected in accordance herewith shall be ascertained and proclaimed by the President of the Philippines. (Section 3)