Dear PAO,
My former friend posted defamatory statements against me on a social media platform. Although she posted it two years ago, it is still available up to the present. I discovered her defamatory posts only two months ago after I reactivated my Facebook. Is it true that the crime has prescribed, considering the lapse of time since it was posted?
Cyrus
Dear Cyrus,
Paragraph 4, Article 90 of the Revised Penal Code (RPC) provides that “the crime of libel or other similar offenses shall prescribe in one year.”
Relative thereto, Republic Act 10175, otherwise known as the “Cybercrime Prevention Act of 2012,” which took effect on Oct. 3, 2012, increased the penalty by one degree on crimes defined and penalized by the RPC, if committed by, through, and with the use of information and communication technologies. Thus, the Supreme Court, in Tolentino v. People, GR 240310, Aug. 6, 2018, held that cyber libel prescribes in 15 years, thus:
“Section 6 of RA No. 10175 provides that the “penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code (RPC), as amended, and special laws, as the case may be”. As such, the former penalty of prision correction in its minimum and medium periods is increased to prision correccional in its maximum period to prision mayor in its minimum period. The new penalty, therefore, becomes afflicted, following section Section 25 of the RPC. Corrolarily, following Article 90 of the RPC, the crime of libel in relation to RA 10175 now prescribes in fifteen (15) years.”
Recently, however, in Causing v. People, GR 258524, Oct. 11, 2023, penned by Associate Justice Henri Jean Paul Inting, the Supreme Court abandoned its pronouncement in Tolentino and held that the crime of cyber libel prescribes in one year reckoned from the day the crime is discovered:
“The Court agrees with Causing and abandons the Tolentino doctrine on the prescriptive period of Cyber Libel. To emphasize, what governs the prescription of cyber libel is paragraph 4, not paragraph 2, of Article 90 of the RPC. Hence, the crime of Cyber Libel prescribes in one year.
“First, paragraph 4, Article 90 of the RPC must be given its literal and plain meaning, the crime of libel shall prescribe in one year… Second, it is an elementary rule in statutory construction that a special and specific provision of the law prevails over a general provision of the same law irrespective of their relative position in the statute… Third, the history of the prescriptive period for Libel under Article 90 of the RPC discloses the Legislature’s intent to set it apart from other crimes punishable with a correctional penalty… Given the foregoing, the Court cannot subscribe to the classification of Cyber Libel as a crime punishable with an afflictive penalty under paragraph 2, Article 90 of the RPC that would increase its prescriptive period to 15 years. Such interpretation disregards the clear intent of the lawmakers to set Libel apart from the general class of crimes punishable with afflictive or correctional penalties… Finally, it bears repeating that in interpreting statutory provisions on the prescription of crimes, what is more favorable to the accused must be adopted…
“In determining when the one-year prescriptive period of Cyber Libel should be reckoned, reference must be made to Article 91 of the RPC, which sets forth the computation of prescriptive period of offense: Article 91 Computation of Prescription of Offense – The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authority, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run against when such proceedings terminate without the accused, being convicted or acquitted, or are unjustifiably stopped from any other reason not imputable to him”. x x x The prescriptive period may be reckoned from the publication of the libelous matter only when it coincides with the date of discovery by the offended party, the authorities, or their agents…
Guided by the foregoing, it appears that your case has not prescribed yet since it was discovered only two months ago. To reiterate, the one-year prescriptive period for cyber libel starts to run from its discovery.
We hope that we were able to answer your queries. This opinion is solely based on the facts you have narrated and our appreciation of the same. This opinion may vary when the facts are changed, altered, or further elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
