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Scurrilous Libel- REBORN Matibag announced that the NBI has included “false publication” charges against Jeffrey Tupas. What is that? Historically, there are two general kinds of libel: libel against individual natural persons (now punished under libel and cyber-libel laws) and libel against institutions. Of the latter, damaging publications against the state, the king, his government, the church and its clerics were- of medieval times punished by gruesome death- by hanging, beheading, firing squad, or by burning at the stake! Scurrilous Libel, as distinguished from mere publications that damaged people’s reputation simply called “libel” were, of olden times considered- so heinous that the act of criticizing the king or his deputies were considered so immoral as an affront to God’s duly appointed ministers; next only to an affront against the God’s Holy Church, his representative on Earth in the person of the Pope and his appointed Bishops. In the 1800’s, the Philippines- under Spain were subject to the Spanish Penal Laws. This was revised in the 1930’s under Act No. 3815, it is not yet a Republic Act because this was enacted by the Philippine Legislature during the American period and before the Commonwealth. Naturally, Article 154 was retained in its present form to avoid any ressurgence of another La Solidaridad, Noli Me Tangere, or the like. And it did! That is why we no longer have any writers matching the calibers of Rizal or Lopez Jaena or Del Pilar or Luna in our modern times. America could not possibly support laws against heresy, but it has an interest in protecting the state- thus this provision in the Penal Code. False publications, under Article 154 defines four acts. Barely anyone has ever been charged for violating any of these acts. They do not cover what is loosely termed now as “fake news”. Every law student is familiar with Reyes’ commentaries on Book Two of the Revised Penal Code, it categorically distinguished: “ If there is no possibility of danger to the public order or of causing damage to the interest or credit of the State by the publication of the false news, Art. 154 is not applicable”. All Jeffrey Tupas did was disclose proof of his innocense in the Gracioso Scandal. So why is the NBI charging Jeffrey Tupas with “publication of false news”? The RPC provisions state in full: Article 154. Unlawful use of means of publication and unlawful utterances. - The penalty of arresto mayor and a fine ranging from Forty thousand pesos (P40,000) to Two hundred thousand pesos (P200,000) shall be imposed upon: 1. Any person who by means of printing, lithography, or any other means of publication shall publish or cause to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State; 2. Any person who by the same means, or by words, utterances or speeches shall encourage disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished by law; 3. 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; or 4. 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. Even Ferdinand Marcos, Sr. barely used this law against dissidents during the Martial Law period. Former presidents had to enact the Anti- Subversion Law (struck down after 1986). It is a remnant of our dark colonial history that no president ever wanted to touch. Well...does our president know history? Or does Matibag care? Does the NUJP care? If there is one form of libel that needs to be decriminalized it is this one! But obviously- the media will be silent because it is just a Jeffrey Tupas facing the charge. Bumababa na ang persecution... They are not just targetting a former president, a sitting Vice President, senators, congressmen or DDS politicians- a Jeffrey Tupas, former staff of Sara Duterte is now slapped with Scurrilous Libel charges. Yes that is its old name- SCURRILOUS LIBEL under English Laws (not Spanish). NBI has awoken the beast- weaponized this law! In Europe, they call these actions “lawfare” Ursula Vonder Leyen’s repression of speech. This is a global left-wing governance strategy to persecute all opposition. Who knows- I or other bloggers may be next for simply writing the history as that relates to current events; from my experience the NBI Does Not Investigate. #NUJP #DDS #NBI #Matibag #SaraDuterte #libel CTTO 📷 - 1dangkal ni JP/FB -