4. Application and Graduation

Key Points of the Guidelines:

• Preference for a Fine:
• Administrative Circular No. 08-2008 states a preference for imposing a fine rather than imprisonment in libel cases, while leaving the appropriate penalty to the court’s discretion under the law and the circumstances of the case.
• Penalties can range from fines, imprisonment, or a combination of both, depending on the circumstances.
• Consideration of Aggravating and Mitigating Circumstances:
• The court must apply aggravating circumstances only when legally applicable and established under the Revised Penal Code. Use of a medium specified in Article 355 is not, by itself, an additional aggravating circumstance.
• Conversely, only mitigating circumstances recognized by law and supported by the facts may reduce the severity of the penalty; retraction, absence of intent to cause harm, and cooperation are not automatically mitigating under Article 13 of the Revised Penal Code.
• Preference for Fines Over Imprisonment:
• The guidelines reflect a preference for the imposition of fines over imprisonment where appropriate, especially in cases where the offense is deemed less severe. This is in line with the principle of favoring freedom of expression while still holding individuals accountable for defamatory statements.
• Proportionality of the Penalty:
• The principle of proportionality is central to these guidelines, ensuring that the penalty is commensurate with the nature and impact of the libelous act. The goal is to avoid excessive punishment that would unduly stifle freedom of speech while still providing adequate redress for the aggrieved party.
• Penalty Under the Law:
• Administrative Circular No. 08-2008 does not authorize a public apology or correction in lieu of the statutory penalty upon conviction. It concerns a preference for a fine over imprisonment, subject to the court’s discretion under Article 355 of the Revised Penal Code, as amended by RA 10951.

Summary

The Guidelines for the Imposition of Penalties in Libel Cases (A.C. No. 08-2008) state a preference for a fine rather than imprisonment, without removing the court’s discretion to impose imprisonment when warranted. Aggravating or mitigating circumstances apply only when legally applicable and established; an apology or correction is not a substitute for the statutory penalty.