By Christine Herrera

Five lawmakers have withdrawn their support of a bill to decriminalize libel, saying the consolidated version ?even hardens? the proposed law being used by the Speaker as a ?companion measure and counter-balance? to the right-to-reply bill.

Bayan Muna Reps. Satur Ocampo and Teodoro Casi?o, Anakpawis Rep. Rafael Mariano and Gabriela Rep. Liza Largoza-Maza and Luzviminda Ilagan, withdrew their authorship of House Bill 5760, which was approved on second reading last week by the plenary.

In a letter to House Majority Leader Arthur Defensor, the authors said the proposed measure was a ?direct anti-thesis? to their original House Bill 3535, which aims to remove libel from the criminal statutes.

The bill was consolidated with the measure filed by Speaker Prospero Nograles, whose proposal raises the penalty from P1 million to P3 million and whose version was approved by the plenary.

?HB 5760 will in fact harden the criminalization of libel. It will never offset the right-of-reply bill?s curtailment of press freedom. These twin measures are direct assaults to the Philippine media,? the authors said.

?We were not informed of or invited to any Technical Working Group [TWG] meeting to iron out the differences of the various bills on the matter, if there were any. In fact, we were surprised that the House committee on revision of laws has come out with the supposed consolidated bill,? the five authors said.

Libel, like non-payment of debt, does not partake of a criminal act even if it does cause damage to another person, they said. Thus, they said, the personal injury caused by a defamatory publication constitutes a cause of action for civil damages but not for criminal prosecution.

?Public funds and the criminal justice system should not be used to vindicate a private reputation. In the case of libel, the criminal justice system is employed against an individual for his act of damaging the reputation of another,? they said.

As far as libelous statements against the government are concerned, the authors said, these are covered by the provisions in the Revised Penal Code defining the crimes of rebellion or sedition.

?The crime of libel has been used as a tool for repression, particularly against the media,? the militant lawmakers said. ?Most importantly, the crime of libel violates the constitutional right to press freedom and presumption of innocence as it constitutes prior restraint and places the burden of proof on the accused.?