Republic of the Philippines

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES

Sta. Mesa, Manila

A Written Report on
RA10175 Online Libel

In partial fulfillment
of the requirements for the course
COM 647: Legal and Ethical Issues in the Mass Media

MAY T. ARIBAN
Master in Communication
Polytechnic University of the Philippines
Sta. Mesa, Manila

February 2020
 Republic of the Philippines
POLYTECHNIC UNIVERSITY OF THE PHILIPPINES
Sta. Mesa, Manila

Introduction:

The internet has disrupted every aspects of our lives including how we gather information,
communicate with family and friends and conduct businesses. Many things can be done through a
computer and with the use of our daily companion, the Internet, it will be more powerful. While the
Internet has revolutionized every sphere of human activities, it also facilitated criminal activities of
nefarious activities. There are violations that are caused by the misuse of computers and one of those is
the Cybercrime.

Cybercrime in general is the violation of law that is involved in the cyberspace or done thru the
internet or social media. This is now a fast-growing crime. Violators are now addicted to exploiting the
internet to commit bigger unlawful activities. That’s why the congress enacted Republic Act No. 10175 or
also known as “Cybercrime Prevention Act of 2012”. It can be classified as physical or virtual which
causes serious harms and imposes threats to victims worldwide. It also recognize the importance of
protection on the integrity of computer, communication system, networks, databases, and specially the
confidentially, integrity, and availability. Republic Act 10175 is one of the laws pertaining to cybercrime.
The types of crimes it has is all about:

• Illegal Access
• Illegal Interception
• Data Interference
• System Interference
• Misuse of devices
• Cybersquatting
• Computer-related Forgery
• Computer-related Fraud
• Computer-related Identity Theft
• Cybersex
• Child Pornography
• Libel
• Aiding or Abetting in the commission of cybercrime
• Attempt in the commission of cybercrime
• Corporate Liability

Many Filipinos are engaged in cybercrime to be able to earn money for their families. In the Philippines,
even if there is a law, violators are not caught easily because law enforcers are not stringent on the
implementation of the law itself. Once they are accused of something, they will just deny it. Furthermore,
the Philippines is considered the country where foreign scammers, hackers, etc. most likely would live in,
to do various cybercrimes due to its weak authorities. As the technology continues to innovate, the
number of cybercrimes tend to increase together with time. Computer skilled individuals are not the only
ones who can create cybercrimes, but also the ordinary people; the oldies who used to live without
 Republic of the Philippines
POLYTECHNIC UNIVERSITY OF THE PHILIPPINES
Sta. Mesa, Manila
technologies available and youngsters who are growing together with always-changing gadgets. Anyone
has now access on the Internet; it is only a one click away.

Section 2. Declaration of Policy – The state recognizes the vital role of information and communications
industries, such as content production, telecommunications, broadcasting, electronic commerce and data
processing, in the State’s overall social and economic development.
The state also recognizes the importance of providing an environment conductive to the development,
acceleration, and rational application and exploitation of information and communication technology to
attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to
protect and safeguard the integrity of computer, computer and communications systems, networks and
databases, and the confidentiality, integrity and availability of information and data stored therein from all
forms of misuse, abuse and illegal access by making punishable under the law such conduct or conducts.
The state shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating
their detection, investigation and prosecution at both the domestic and international levels, and by
providing arrangements for fast and reliable international cooperation.

Section 3. Definition of Terms

Communication refers to the transmission of information through information and communication
technology (ICT) media, including voice, video and other forms of data;
Competent Authority refers to either the Cybercrime Investigation and Coordinating Center or the DOJ
– Office of Cybercrime, as the case may be;
Computer refers to an electronic magnetic, optical, electrochemical, or other data processing or
communications device, or grouping of such devices, capable of performing logical, arithmetic, routing or
storage functions, and which includes any storage facility or equipment or communications facility or
equipment directly related to or operating in conjunction with such device. It covers any type of computer
device, including devices with data processing capabilities like mobile phones, smart phones, computer
networks and other devices connected to the internet;
Computer data refers to any representation of facts, information, or concepts in a form suitable for
processing in a computer system, including a program suitable to cause a computer system to perform a
function, and includes electronic documents and/or electronic data messages whether stored in local
computer systems or online.
Computer System refers to any device or group of interconnected or related devices, one or more of
which, pursuant to a program, performs automated processing of data. It covers any type of device with
data processing capabilities, including, but not limited to, computers and mobile phones. The device
consisting of hardware and software may include input, output and storage components, which may stand
alone or be connected to a network or other similar devices. It also includes computer data storage
devices or media;
 Republic of the Philippines
POLYTECHNIC UNIVERSITY OF THE PHILIPPINES
Sta. Mesa, Manila
Law enforcement authorities refers to the National Bureau of Investigation (NBI) and the Philippines
National Police (PNP) under Section 10 of the Acts.
Original Author refers to the person who created or is the origin of the assailed electronic statement or
post using a computer system.

Online Libel (Rule 2: Section 5(4)

The unlawful or prohibited acts of libel, as defined in Article 355 of the Revised Penal Code, as amended,
committed through a computer system or any other similar means which may be devised in the future;
shall be punished with prision correccional in its maxium period to prision mayor in its maximum period
or a fine ranging from Six Thousand Pesos (P6,000.00) up to the maximum amount determined by
Court, or both, in addition to the civil action which may be brought by the offended party: Provided, That
this provision applies only to the original author of the post or online libel, and not to others who simply
receive the post and react to it. And one degree higher than Libel under the revised penal code or
equivalent to 6years, 1 day to 12 years.

Jurisdiction
(a) The Regional Trial Court designated special cybercrime courts shall have jurisdiction over any
violation of the provisions of this Act including any violation committed by a Filipino national regardless
of the place of commission. Jurisdiction shall lie if any of the elements was committed within the
Philippines or committed with the use of any computer system wholly or partly situation in the country,
or when by such commission any damage is caused to a natural or juridical person who, at the time the
offense was committed, was in the Philippines. (section 21)
(b) For international and trans-national cybercrime investigation and prosecution, all relevant
international instruments on international cooperation in criminal matters, arrangements agreed on the
basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the
purposes of investigations or proceedings concerning criminal offenses related to computer systems and
data, or for the collection of evidence in electronic form of a criminal offense shall be given full force and
effect. (section 21)
This gives the Philippines the ability to participate in treaties and of mutual cooperation with countries
that have counterpart legislation effectively – especially – on cybercrime cases that have team members
or victims residing in the Philippines.
 Republic of the Philippines
POLYTECHNIC UNIVERSITY OF THE PHILIPPINES
Sta. Mesa, Manila

Sample Case:
Yeng Constatino’s Cyber Libel Case
Regional Trial Court in Dapa Siargao, Surigao del Norte recently issued a warrant of arrest for Singer
Yeng Constantino, charging her violating the Cybercrime Prevention Act for a vlog she posted last year.
In July 2019, Yeng ranted about what she felt were the poor medical services her husband Yan Asuncion
received after he suffered from a cliff-driving accident in Siargao’s Sugba Lagoon. She criticized Dr.
Esterlina Tan for not urgently attending to her husband, and for not updating her on her husband’s
condition. Yeng also repeatedly mentioned Tan’s name, and flashed a photo of the doctor in her vlog.
Yeng shortly came under fire on social media after releasing her vlog, as netizens accused her of “doctor
shaming”. An arrest order was issued on December 12, 2019, and was later forwarded to the Quezon City
Police chief.
The order stated Yeng violated sec 4 (c) (4) of RA10175 which defines cyber libel as anything that falls
under the “unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code”
committed through a computer system or any similar means. The Revised Penal Code defines libel as a
“public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act,
omission, condition, status or circumstance”, which intends to “dishonor, discredit, or contempt of a
natural or juridical person”.
Yeng paid Php30,000.00 for bail and she was banned in Siargao Island.

Here’s my evidences that Yeng’s vlog considered as libelous act:

There is an allegation of discreditable act
It was published through Internet
The person defamed must be identified
There’s an existence of malice
In her video, it was clear that she has an intention
to damage the reputation of the doctor by
questioning her ability as a doctor and her service
during her duty.
The video was posted in her Youtube channel. It
is stated under the Revised Penal code that it is
considered publication if there are at least three
who read the statement. Yeng Constantino has
929,000 followers during that time.
The doctor was identified in Yeng’s vlog by
mentioning her full name and her photo was
flashed in the video.
She says a lot of negative things to the doctor by
stating her experiences in the hospital without
concrete evidences.
 Republic of the Philippines
POLYTECHNIC UNIVERSITY OF THE PHILIPPINES
Sta. Mesa, Manila

Conclusion:
Actually, online libel case is very difficult to implement, that’s why we really need a skilled person to
help us in our complaint to resolve our issues.
Whether it is considered a crime or be decriminalized, it is the social responsibility of every individual to
respect the right of people. We need to strike the balance between the freedom of expression and the right
of individuals. If you think the context would be harmful and not true, we should not be writing such
things even if we may not be liable civilly or criminally. As uncle ben in Spiderman said, “with great
power comes with great responsibility”. The internet has given us great power. May we use it responsibly
for the good of humanity.

References:
Implementing Rules and Regulations of Republic Act No. 10175
https://en.m.wikipedia.org/wiki/Cybercrime_Prevention_Act_of_2012
www.marktolentinolaw.com
Headtopics.com

A. P. Gemora, ""What is Republic Act (RA) No. 10175 or Cybercrime Prevention Act of 2012?". Internet:,"
[Online]. Available: http://www.ilonggotechblog.com/2012/10/what-is-republic-act-no-ra-10175-
or.html.