Cybercrime Prevention Act (RA 10175), Sec. 4(c)(4)

Statute

Cybercrime Prevention Act (RA 10175)

Article

Sec. 4(c)(4)

Topic

Cyberlibel (online libel)

Year

2012

The provision

Key points

Section 4(c)(4) of the Cybercrime Prevention Act of 2012 (Republic Act No. 10175) makes online libel a cybercrime. It adopts the unlawful acts of libel as defined in Article 355 of the Revised Penal Code, committed through a computer system or any similar means devised in the future.

Because it incorporates the Revised Penal Code definition, the elements of libel under Article 353 — imputation, publicity, malice, and identifiability — still apply; the distinguishing feature is the use of a computer system. The provision is read together with Revised Penal Code Articles 353–355 and with the rules on prescription in Article 90.

Because the section borrows the Revised Penal Code definition, the prosecution must still establish the elements of libel — a defamatory imputation, publicity, malice, and an identifiable offended party — with the added element that the act was committed through a computer system. Questions of where the offense may be prosecuted and within what period it prescribes are analyzed against the libel provisions of the Revised Penal Code, including Article 360 on venue and responsible persons and Articles 90 and 91 on prescription.

Cases applying this article

• Disini v. Secretary of Justice G.R. No. 203335 (2014)
• Causing v. People G.R. No. 258524 (2023)

Related provisions

• Revised Penal Code Art. 353 — Definition of libel
• Revised Penal Code Art. 354 — Requirement of publicity; presumption of malice
• Revised Penal Code Art. 355 — Libel by writings or similar means
• Revised Penal Code Art. 90

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