When did the bill first appear
in legislative policy?
T he first Anti-SLAPP Bill, HB 5840,
was filed in February 2009 during the
14th Congress by Reps. Satur Ocampo and
Casino and was up for deliberation within the
Committee on Justice when Congress went
into recess before the 2010 national elections.
What are the important
provisions of HB 3593?
a. Its definition of SLAPPs includes suits
against citizens and organizations exercising
their right to public participation.
In the bill, a SLAPP includes any civil
complaint, counter-claim, cross-claim,
third–party complaint, or complaint-
in-intervention, criminal complaint or
information, or administrative complaint
filed against individuals, groups, labor
unions, associations, community residents,
or the like, arising out of their exercise
of freedom of speech, expression, or of
the press, or of the right of the people
to assemble peaceably, or petition the
government for redress of grievances in
matters of public concern. It intends to
harass, vex, or silence these individuals or
groups, exert undue pressure on them, or
deplete their resources.
b. It prohibits the filing of SLAPPs and
establishes mechanisms for the speedy
dismissal of SLAPPs and the awarding of
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SLAPP Primer.indd 1
necessary damages, litigation costs, and other
forms of relief to the defendant upon dismissal
of a case.
The bill gives the courts, prosecutors, and
private or pubilc officers the responsibility
and duty to act and decide on civil, criminal
or administrative complaints or information,
make a determination whether it is a
SLAPP case or not, and order the dismissal
of suits determined to be SLAPPs. An order
dismissing the complaint or information
determined to be a SLAPP shall bar another
prosecution for the same offense. The right
to file a motion to dismiss or motion for
determination shall not be applicable against
any action involving public interest or
concern.
c. It provides the defendant, respondent, or
accused the right to recover damages and
litigation costs by filing a “SLAPPBack
action” against the complainant upon the
dismissal of a SLAPP.
The bill grants the right to file a SLAPPback
action for damages against the plaintiff or
complainant of the SLAPP and recover
separate damages, litigation costs, attorney’s
fees, and other relief as warranted by the
circumstances of the case. A SLAPPback
means an action for damages filed by the
defendant, respondent, or accused of a SLAPP
e
against a plaintiff or complainant, arising from
n t h
the final and executory dismissal of the case.
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12/5/2010 11:45:41 PM

Introduction
P rotecting the Philippine environment
is closely linked with the defense of
human rights. How can we defend our
ecosystems from destruction if those who
stand up to protect our rich natural resources
are themselves literally endangered and
threatened?
Environmental advocates are not shielded
from human rights violations, such as extra-
judicial killings and intimidation. Examples
of the latter are harassment suits called
Strategic Lawsuits against Public Participation
(SLAPPs).
Philippine civil society organizations
engaged in environmental education
and advocacy, including CEC, have been
“SLAPPed” or sued for speaking out
and writing about the destruction of the
environment and the plunder of natural
resources. Since 2007, Kalikasan People's
Network for the Environment (Kalikasan
PNE), a national campaign center, called
attention to the incidence of lawsuits filed
against environmental advocates across different
regions.
SLAPP Primer.indd 2
SLAPPs are not limited to environmental
advocates. They include harassment suits against
public figures, labor unions, workers farmers,
urban poor, community leaders, indigenous
peoples, youth, clergy, scientists, health workers,
journalists and mass media, and even ordinary
citizens who exercise their right to speech and
public participation.
What are SLAPPs?
A SLAPP is any legal action filed by
corporations, public officials or
individuals against non-governmental
organizations, people’s organizations, local
residents, community groups, and individuals
in an attempt to intimidate the latter into
discontinuing their protests, oppositions, and
criticisms against any initiative of the former
that adversely affects public participation,
interest and welfare.
SLAPPs can be based on both civil claims
(such as defamation, conspiracy, malicious
prosecution, nuisance, and the like) or criminal
offenses, such as libel, slander, illegal assembly,
or grave coercion. They are cloaked as claims
or accusations for multi-million libel suits,
resistance and disobedience, and injunction.
The term “SLAPP” was coined by two
American professors, Penelope Canan and
George Pring, who initiated research on
harassment cases in the late 1970s, after noticing
that many environmental advocates were being
sued in large civil damage cases. They defined
SLAPPs as a civil complaint or counterclaim
filed against nongovernment individuals or
NGOs on a substantive issue of some public
interest or social significance.
Can current laws and procedures
protect people against SLAPPs?
T here has yet to be a comprehensive anti-
SLAPP mechanism, both in substantive
and procedural law of the Philippines, that will
provide ample relief and defense for victims of
SLAPP lawsuits.
Of the numerous Philippine laws related to
the environment, only two contain provisions
which deal with citizen lawsuits against violators,
agencies, or government officials: RA 8749 or
the Clean Air Act of 1999 (Sections 41 and 42)
and RA 9003 or the Ecological Solid Waste
Management Act of 2000 (Sections 52 and 53).
These anti-SLAPP measures are inadequate
and limited in applicability, being confined to 1.)
citizen suits against those who violate the law
or against public officials or agencies who fail to
implement the law and 2.) counter-suits against
said citizen suits. The anti-SLAPP provisions in
these laws are focused on the enforcement of
legislation, meant to protect public officers who
are sued in their official capacity.
What damage can SLAPPs do
to organizations, individuals,
and communities?
S LAPPs can come in diverse forms. But their
unifying features make them a dangerous
force: they are brought about not to pursue
justice, but rather to ensnare their targets in
costly ligitation which distracts them from the
controversy at hand. They violate the right to
freedom of speech, press, petition, association
and assembly, petition and public participation
in decision-making and issues of concern.
If allowed to prosper and inflict damage,
SLAPPs can leave people frightened or
demoralized, resources drained, campaigns
floundering or left behind, and organizations
crippled. SLAPPs can intimidate and silence
critics by burdening them with the skyrocketing
costs and long duration of a legal defense so that
they might be forced to abandon their cause.
SLAPPs are “effective at silencing speech”
and bringing about what is termed as a “chilling
effect”--a form of political intimidation. The
inclusion of additional unidentified persons—
known as John or Jane Does who can be sued
later on—in harassment charges may also
discourage other people from pursuing the
public assertion of their rights.
How prevalent are SLAPPs
in other countries?
I n other jurisdictions, particularly in Canada,
Europe, and twenty-six (26) states and one
(1) territory of the United States, the disturbing
increase in SLAPPs have led governments to
either enact anti-SLAPP laws or promulgate
rules against SLAPPs. Research by Pring and
Canan indicates that thousands of Americans
have been SLAPPed in the past two decades;
even more have been intimidated by the threat
of SLAPPs. They observed that harassment suits
can strike at the heart of political participation:
“Filers of SLAPPs rarely win in court yet
often “win” in the real world, achieving
their political agendas...SLAPP targets
who fight back seldom lose in court yet
are frequently devastated and depoliticized
and discourage others from speaking out...
SLAPPs can and do eliminate or warp
public political participation.”
What is the Anti-SLAPP Act
of 2010?
H ouse Bill (HB) 3593, or the Anti-SLAPP
Act of 2010, is a bill which aims to define
strategic lawsuits against public participation,
prohibit the filing of harassment suits, and
provide measures for its dismissal.
It was introduced in the 15th Congress by
Representatives Teodoro A. Casino and Neri
Javier Colmenares of Bayan Muna Partylist,
Rafael V. Mariano of Anakpawis Partylist,
Luzviminda C. Ilagan and Emerciana A. De
Jesus of Gabriela Womens Party, Raymond V.
Palatino of Kabataan Partylist, and Antonio L.
Tinio of ACT Teachers Partylist and filed last
November 2010.
12/5/2010 11:45:42 PM