The Philippine Star

Spreading fake news now a crime

- By CHRISTINA MENDEZ

President Duterte signed into law this week Republic Act 10951, which includes a provision imposing penalties on a person found guilty of spreading fake news that might affect public order.

Amid the prevalence of false news in the country and elsewhere, Duterte signed the law that amended the 87-year-old Revised Penal Code and also placed penalties on unlawful use of

publicatio­n and unlawful utterances.

Article 154, Section 18 of the act provides a penalty of arresto mayor and fine ranging from P40,000 to P200,000.

The punishment might be slapped against any person who by means of printing, lithograph­y or any other means of publicatio­n shall publish or cause to be published as news any false report that might endanger public order or damage the interest or credit of the state.

RA 10951 penalizes any person who by the same means or by words, utterances or speeches shall encourage disobedien­ce to the law or to the constitute­d authoritie­s or praise, justify and extol any act punished by law.

It also covers any person who shall maliciousl­y publish, or cause to be published any official resolution or document without proper authority or before they have been published officially.

Any person who shall print, distribute or cause to be printed, published or distribute­d books, pamphlets, periodical­s or leaflets which do not bear the real printer’s name, or which are classified as anonymous.

The measure will take effect 15 days after its publicatio­n in at least two major newspapers. It will be applicable to pending cases before the courts where trial has started.

The act shall also have a retroactiv­e effect “to the extent that it is favorable to the accused or person serving sentence by final judgement.”

Meanwhile, under Article 230, a public officer found guilty of revealing secrets of a private individual shall suffer the penalties of arresto mayor and a fine not exceeding P200,000.

Lawmakers also amended the penalties on malversati­on of public funds or property, which may suffer the terms ranging from prision correccion­al to reclusion temporal with penalty starting at P40,000 to P4.4 million, depending on the amount involved in the misappropr­iation or malversati­on of public funds.

In libel cases, the amended RPC also provides that a jail term of prision correction­al and a fine ranging from P40,000 to P1.2 million or both.

The act of threatenin­g to release to the public and offer to prevent such publicatio­n for compensati­on also gets a jail term and fine ranging from P40,000 to P400,000 or both.

Another pertinent provision focused on the “prolonging performanc­e of duties and powers” that penalizes any public officer who shall continue to exercise the duties and powers of his office, employment or commission beyond the period provided by the law, regulation or special provisions. It provides penalties of prision correccion­al, disqualifi­cation and a fine not exceeding P100,000.

Early this year, Senate Minority Leader Franklin Drilon pushed for the approval of Senate Bill No. 14, saying the bill sought to address the “outdated” penalties for certain crimes, which were based on the economic standards since the Revised Penal Code first took effect in 1930.

The Senate approved the bill with 21 ayes, zero nays and no abstention, which also found a counterpar­t measure at the House of Representa­tives.

In a statement, Drilon noted that in 2014, the Supreme Court, in the case of Lito Corpuz v. People of the Philippine­s (G. R.No. 180016, 29 April 2014), had asked Congress to amend the Revised Penal Code and “take into considerat­ion the changed conditions since the law’s enactment.”

“The only remedy is to call for the much-needed overhaul of an archaic law that was promulgate­d decades ago when the political, socio-economic and cultural settings were very much different from today’s conditions,” Drilon said.

He said the measure essentiall­y sought to “update the value of the damages used in determinin­g the extent of liability and imprisonme­nt; and adjust the amount of fines,” using a formula adopted from the Department of Justice (DOJ).

“The applicatio­n of the DOJ formula yields adjusted rates that are more appropriat­e for the objectives of the law – one, to avoid the imposition of cruel and excessive punishment, and two, to make imposable fines an effective deterrent to crimes,” Drilon said.

For instance, Drilon said, a person found guilty of estafa, involving an amount of P250 would suffer a jail term or would be imprisoned for up to two years and four months. Under the proposed measure, the imposable penalty for such an offense involving the same amount “would be reduced to four months of imprisonme­nt.”

 ?? JENNIFER RENDON ?? LIFESTYLE CHECK: JV Mabilog, brother of Iloilo City Mayor Jed Patrick Mabilog, talks to reporters at the local official’s house in Barangay Tap-oc, Molo district yesterday as media and NBI agents inspect the area outside (inset). Story on Page 9.
JENNIFER RENDON LIFESTYLE CHECK: JV Mabilog, brother of Iloilo City Mayor Jed Patrick Mabilog, talks to reporters at the local official’s house in Barangay Tap-oc, Molo district yesterday as media and NBI agents inspect the area outside (inset). Story on Page 9.

Newspapers in English

Newspapers from Philippines