Prescription and Penalties in Cyberlibel
The Legal Consequences of Cyberlibel
When a person is defamed online, two immediate concerns arise: how much time do they have to file a complaint, and what kind of punishment will the offender face? These are not merely academic questions; they determine the feasibility of a lawsuit and the potential for justice. Recent Supreme Court decisions have significantly clarified these areas, shifting away from earlier interpretations regarding “prescription”—the period within which a case must be filed—and the flexibility of penalties.
The Prescriptive Period: The One-Year Rule
A major point of contention has been whether cyberlibel prescribes in one year (like traditional libel) or fifteen years (due to the higher penalty). The Supreme Court resolved this in Causing v. People of the Philippines (G.R. No. 258524, October 11, 2023).
The Court held that the crime of cyberlibel prescribes in one year, abandoning the previous doctrine in Tolentino v. People that suggested a fifteen-year period. The Court reasoned that RA 10175 did not create a new crime but merely recognized a computer system as a new means of committing libel. Therefore, the specific one-year prescriptive period for libel found in Paragraph 4, Article 90 of the Revised Penal Code remains controlling.
The Discovery Rule: When the Clock Starts Ticking
Pursuant to Article 91 of the Revised Penal Code, the one-year period commences from the day the crime is discovered by the offended party, the authorities, or their agents (Causing v. People of the Philippines, G.R. No. 258524, October 11, 2023). While publication often coincides with discovery, the period may start later if the victim can prove they only found the libelous post at a later date.
Penalties: Imprisonment vs. Fine
Under Philippine law, the penalty for cyberlibel is derived from a combination of the Revised Penal Code (RPC) and Republic Act No. 10175. Because cyberlibel is committed through a computer system or information and communications technology (ICT), it is treated as a qualified form of traditional libel, carrying more severe consequences (Section 4(c)(4) and Section 6, Republic Act No. 10175).
The imposable penalty for cyberlibel is prision correccional in its maximum period to prision mayor in its minimum period or 6 years and 1 day to 8 years.
While cyberlibel carries a penalty one degree higher than traditional libel (Section 6, RA 10175), the courts maintain the discretion to impose only a fine. In People of the Philippines v. Jomerito S. Soliman (G.R. No. 256700, April 25, 2023), the Court affirmed that a fine is a valid alternative penalty for cyberlibel.
The Court applied Administrative Circular No. 08-2008, which provides a “rule of preference” for the imposition of a fine instead of imprisonment in libel cases, provided the interests of justice are served and the offense is not of such seriousness that it requires incarceration. Because RA 10175 mandates a penalty one degree higher, the Court calculated that the fine for cyberlibel ranges from P40,000.00 to P1,500,000.00, following the increases to traditional libel fines introduced by Republic Act No. 10951.
Practical Implications and Advice
Consider a scenario where an individual discovers a defamatory Facebook post made two years ago. Under the Causing ruling, if they only discovered the post today, they have one year from today to file the case, provided they can prove the date of discovery.
Practical Advice:
- Act Speedily: Victims should file their complaint as soon as they discover the defamatory material to avoid issues with prescription.
- Document Everything: Take screenshots and preserve digital evidence immediately upon discovery.
- Alternative Sentencing: Defendants may argue for the imposition of a fine only, citing the circumstances of the post (e.g., heat of anger, immediate deletion, or apology) as seen in the Soliman case.
To avoid this problem, it is always prudent to post responsibly.
About Nicolas and De Vega Law Offices
Nicolas and de Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com.
