I have some doubts as to the constitutionality of some parts of Republic Act 10951 or “An Act Adjusting the Amount or the Value of Property and Damage on which a Penalty is Based, and Fines Imposed Under the Revised Penal Code”.
They have constitutional implications in relation to press freedom, freedom of speech and expression, freedom of assembly and association, and freedom to seek redress of grievances.
The concerned provision/s seem to be a revival of the Marcosian anti-subversion law, which had been repealed and declared unconstitutional by the Supreme Court.
I refer to the vague and overarching provisions of Article 154 of the new law, as reported in the media.
It reportedly penalizes the “unlawful use of means of publication and unlawful utterances.” (Arresto mayor [one month and one day to six months] and a fine ranging from P40,000 to P200,000).
It reportedly penalizes "false news", defined as news that “may endanger the public order, or cause damage to the interest or credit of the state.”
The said provision reportedly penalizes “any person who by the same means, or word, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law.”
The fine reportedly applies to “any person who shall maliciously publish or cause to be published any official resolution or document without proper authority or before they have been published officially.”
The provision reportedly penalizes “any person who shall print, publish, or distribute or cause to be printed, published, or distributed books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous.”
I have not yet read the full text of the new law. It has yet to be officially published by Malacanang either in the Official Gazette or in newspapers of general circulation before it becomes effective.
