House considers legalizing defamation, rationale explained.
The Philippine government is taking significant steps to address the severe jail congestion crisis, with decriminalizing libel and reforming the Revised Penal Code being key components of a broader strategy.
In a recent statement, Assistant Secretary Mico Clavano of the Department of Justice (DOJ) emphasized that the matter of decriminalizing libel should be left to the legislative department, as the DOJ's mandate is to implement law.
One of the strategies being considered is the decriminalization of libel, shifting it from a criminal offense to a civil matter. This move aims to reduce the number of prisoners jailed for libel cases, which contribute significantly to jail congestion, as many accused remain detained while awaiting trial or appeals.
The government is also considering reforms to the Revised Penal Code, aiming to modernize the penal system by reducing custodial sentences where appropriate. These reforms intend to address outdated provisions that still criminalize many offenses that could be handled through alternative penalties like fines, community service, or probation.
In addition to these legal reforms, Philippine authorities and stakeholders are exploring measures including improved use of parole and bail systems, diversion programs for minor offenses, and enhancing judicial efficiency to reduce delays that prolong detention periods.
The issue of jail congestion has gained prominence in recent policy discussions, with the Philippine government holding a two-day national jail congestion summit to address the overcrowded state of the country's jails and prisons. The summit was attended by representatives from the executive, legislative, and judiciary branches of the government.
Senior Associate Justice Marvic Leonen has also voted to declare cyber libel unconstitutional, citing that the 1930s' definition of the law was outdated and no longer applied to the age of the internet.
The cyber libel case of Nobel Peace Prize laureate Maria Ressa, CEO of our website, became an important case in the context of cybercrime in the Philippines. The Court of Appeals extended the prescription period from 12 years to 15 years in Ressa's case, but did not affirm the conviction.
Private citizens, such as former vice presidential candidate Walden Bello, have also recently challenged the crime of libel.
As of November 2023, facilities under the Bureau of Jail Management and Penology (BJMP) suffer from a congestion rate of 238%, while facilities under the Bureau of Corrections (BuCor) suffer from a congestion rate of 323%.
House Speaker Martin Romualdez has acknowledged the congestion of jails as a profound human rights issue, not just a logistical or infrastructural problem. Romualdez has listed down several approaches to decongest jails, including reducing unnecessary admissions, creating the Department of Corrections and Penology, focusing on reintegration and psychosocial rehabilitation, making recognizance law more accessible, and strengthening the Commission on Human Rights.
Raymund Narag, a former PDL and criminology professor, has identified the root causes of the problems in the Philippines' jails as lack of proper resources, the poor economic condition of PDLs, and the existing prison culture anchored on regionalism, among others.
These efforts reflect a critical policy direction to address systemic issues driving jail congestion in the Philippines. While no detailed national action plan was explicitly found in the recent statistics and reports, legislative reform debates and proposals targeting these legal areas are prominent approaches known from ongoing policy discussions in the Philippines.
[1] News article on jail congestion in the Philippines: https://www.abs-cbn.com/news/02/08/23/jail-congestion-in-the-philippines-a-crisis-that-needs-immediate-attention
[2] News article on proposals to decriminalize libel in the Philippines: https://www.rappler.com/nation/697660-decriminalize-libel-law-senators-propose-bill
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