When did the bill first appear necessary damages, litigation costs, and other

in legislative policy? forms of relief to the defendant upon dismissal

T he first Anti-SLAPP Bill, HB 5840,

was filed in February 2009 during the
14th Congress by Reps. Satur Ocampo and
of a case.

The bill gives the courts, prosecutors, and

Casino and was up for deliberation within the private or pubilc officers the responsibility
Committee on Justice when Congress went and duty to act and decide on civil, criminal
into recess before the 2010 national elections. or administrative complaints or information,
make a determination whether it is a
What are the important SLAPP case or not, and order the dismissal
provisions of HB 3593? of suits determined to be SLAPPs. An order
a. Its definition of SLAPPs includes suits dismissing the complaint or information
against citizens and organizations exercising determined to be a SLAPP shall bar another
their right to public participation. prosecution for the same offense. The right
to file a motion to dismiss or motion for
In the bill, a SLAPP includes any civil determination shall not be applicable against
complaint, counter-claim, cross-claim, any action involving public interest or
third–party complaint, or complaint- concern.
in-intervention, criminal complaint or
information, or administrative complaint c. It provides the defendant, respondent, or
filed against individuals, groups, labor accused the right to recover damages and
unions, associations, community residents, litigation costs by filing a “SLAPPBack
or the like, arising out of their exercise action” against the complainant upon the
of freedom of speech, expression, or of dismissal of a SLAPP.
the press, or of the right of the people
to assemble peaceably, or petition the The bill grants the right to file a SLAPPback
government for redress of grievances in action for damages against the plaintiff or
matters of public concern. It intends to complainant of the SLAPP and recover
harass, vex, or silence these individuals or separate damages, litigation costs, attorney’s
groups, exert undue pressure on them, or fees, and other relief as warranted by the
deplete their resources. circumstances of the case. A SLAPPback
means an action for damages filed by the
b. It prohibits the filing of SLAPPs and defendant, respondent, or accused of a SLAPP

e
establishes mechanisms for the speedy against a plaintiff or complainant, arising from

n t h
dismissal of SLAPPs and the awarding of the final and executory dismissal of the case.

m e r o
A Pri-S LAPP Act
Anti of 2010
t
Departmen
ca ti o n , an d Advocacy – Philippines
du s 00
Research, E vironmental Concern zon City, Philippines 11
En ue
Center for gin St., Bgy. Central Q 6
un 75
No.26 Matul 2-9209099,+632-9248
63
TelefaxNo. + hils.org
cecp
Email: rea@ ecphils.org
w w w.c
Website:
Text: Lisa It
o c, scientific, d sectors.
R . Jo rd an P. Santos ti on prom oting patr ioti assroots communities an
Layout: organi za ith gr
government cacy work w
a SE C -reg istered non- ation, research, and advo
is uc
CEC-Phils ented environmental ed a
Peace – Canad
and people-o
ri
ith the su pp or t of D evelopment and Center for Environmental
as published w
This primer w
Concerns-Philippines

SLAPP Primer.indd 1 12/5/2010 11:45:41 PM

 The term “SLAPP” was coined by two crippled. SLAPPs can intimidate and silence
American professors, Penelope Canan and critics by burdening them with the skyrocketing
George Pring, who initiated research on costs and long duration of a legal defense so that
harassment cases in the late 1970s, after noticing they might be forced to abandon their cause.
that many environmental advocates were being
sued in large civil damage cases. They defined SLAPPs are “effective at silencing speech”
SLAPPs as a civil complaint or counterclaim and bringing about what is termed as a “chilling
filed against nongovernment individuals or effect”--a form of political intimidation. The
NGOs on a substantive issue of some public inclusion of additional unidentified persons—
interest or social significance. known as John or Jane Does who can be sued
later on—in harassment charges may also
Can current laws and procedures discourage other people from pursuing the
protect people against SLAPPs? public assertion of their rights.

T here has yet to be a comprehensive anti-

SLAPP mechanism, both in substantive
and procedural law of the Philippines, that will
How prevalent are SLAPPs
in other countries?
provide ample relief and defense for victims of
SLAPP lawsuits. I n other jurisdictions, particularly in Canada,
Europe, and twenty-six (26) states and one
(1) territory of the United States, the disturbing
Of the numerous Philippine laws related to increase in SLAPPs have led governments to
the environment, only two contain provisions either enact anti-SLAPP laws or promulgate
which deal with citizen lawsuits against violators, rules against SLAPPs. Research by Pring and
agencies, or government officials: RA 8749 or Canan indicates that thousands of Americans
the Clean Air Act of 1999 (Sections 41 and 42) have been SLAPPed in the past two decades;
and RA 9003 or the Ecological Solid Waste even more have been intimidated by the threat
Management Act of 2000 (Sections 52 and 53). of SLAPPs. They observed that harassment suits
SLAPPs are not limited to environmental can strike at the heart of political participation:
Introduction

P rotecting the Philippine environment

is closely linked with the defense of
human rights. How can we defend our
advocates. They include harassment suits against
public figures, labor unions, workers farmers,
urban poor, community leaders, indigenous
These anti-SLAPP measures are inadequate
and limited in applicability, being confined to 1.)
citizen suits against those who violate the law
“Filers of SLAPPs rarely win in court yet
often “win” in the real world, achieving
peoples, youth, clergy, scientists, health workers, or against public officials or agencies who fail to their political agendas...SLAPP targets
ecosystems from destruction if those who
journalists and mass media, and even ordinary implement the law and 2.) counter-suits against who fight back seldom lose in court yet
stand up to protect our rich natural resources
citizens who exercise their right to speech and said citizen suits. The anti-SLAPP provisions in are frequently devastated and depoliticized
are themselves literally endangered and
public participation. these laws are focused on the enforcement of and discourage others from speaking out...
threatened?
legislation, meant to protect public officers who SLAPPs can and do eliminate or warp
What are SLAPPs? are sued in their official capacity. public political participation.”
Environmental advocates are not shielded
from human rights violations, such as extra-
judicial killings and intimidation. Examples
of the latter are harassment suits called
A SLAPP is any legal action filed by
corporations, public officials or
individuals against non-governmental
What damage can SLAPPs do
to organizations, individuals,
What is the Anti-SLAPP Act
of 2010?
Strategic Lawsuits against Public Participation
(SLAPPs).
organizations, people’s organizations, local
residents, community groups, and individuals
in an attempt to intimidate the latter into
and communities?

S LAPPs can come in diverse forms. But their

unifying features make them a dangerous
H ouse Bill (HB) 3593, or the Anti-SLAPP
Act of 2010, is a bill which aims to define
strategic lawsuits against public participation,
Philippine civil society organizations discontinuing their protests, oppositions, and force: they are brought about not to pursue prohibit the filing of harassment suits, and
engaged in environmental education criticisms against any initiative of the former justice, but rather to ensnare their targets in provide measures for its dismissal.
and advocacy, including CEC, have been that adversely affects public participation, costly ligitation which distracts them from the
“SLAPPed” or sued for speaking out interest and welfare. controversy at hand. They violate the right to It was introduced in the 15th Congress by
and writing about the destruction of the freedom of speech, press, petition, association Representatives Teodoro A. Casino and Neri
environment and the plunder of natural SLAPPs can be based on both civil claims and assembly, petition and public participation Javier Colmenares of Bayan Muna Partylist,
resources. Since 2007, Kalikasan People's (such as defamation, conspiracy, malicious in decision-making and issues of concern. Rafael V. Mariano of Anakpawis Partylist,
Network for the Environment (Kalikasan prosecution, nuisance, and the like) or criminal Luzviminda C. Ilagan and Emerciana A. De
PNE), a national campaign center, called offenses, such as libel, slander, illegal assembly, If allowed to prosper and inflict damage, Jesus of Gabriela Womens Party, Raymond V.
attention to the incidence of lawsuits filed or grave coercion. They are cloaked as claims SLAPPs can leave people frightened or Palatino of Kabataan Partylist, and Antonio L.
against environmental advocates across different or accusations for multi-million libel suits, demoralized, resources drained, campaigns Tinio of ACT Teachers Partylist and filed last
regions. resistance and disobedience, and injunction. floundering or left behind, and organizations November 2010.

SLAPP Primer.indd 2 12/5/2010 11:45:42 PM