8/4/2019 SLAPP Primer 120510

1/2

APrimeroh

Anti-SLAPPAct

of2010

Center for EnvironmentalConcerns-Philippines

When did the bi LL firSt APPeAr

in LegiSLAtive PoLicy?

The first Anti-SLAPP Bill, HB 5840,was filed in February 2009 during the14th Congress by Reps. Satur Ocampo andCasino and was up for deliberation within theCommittee on Justice when Congress wentinto recess before the 2010 national elections.

WhAt Are the imPortAnt

ProviSionS of hb 3593?

a. Its definition of SLAPPs includes suitsagainst citizens and organizations exercisingtheir right to public participation.

In the bill, a SLAPP includes any civilcomplaint, counter-claim, cross-claim,thirdparty complaint, or complaint-in-intervention, criminal complaint orinformation, or administrative complaintfiled against individuals, groups, laborunions, associations, community residents,or the like, arising out of their exercise

of freedom of speech, expression, or ofthe press, or of the right of the peopleto assemble peaceably, or petition thegovernment for redress of grievances inmatters of public concern. It intends toharass, vex, or silence these individuals orgroups, exert undue pressure on them, ordeplete their resources.

b. It prohibits the filing of SLAPPs andestablishes mechanisms for the speedydismissal of SLAPPs and the awarding of

necessary damages, litigation costs, and otherforms of relief to the defendant upon dismissalof a case.

The bill gives the courts, prosecutors, andprivate or pubilc officers the responsibilityand duty to act and decide on civil, criminalor administrative complaints or information,

make a determination whether it is aSLAPP case or not, and order the dismissalof suits determined to be SLAPPs. An orderdismissing the complaint or informationdetermined to be a SLAPP shall bar anotherprosecution for the same offense. The rightto file a motion to dismiss or motion fordetermination shall not be applicable againstany action involving public interest orconcern.

c. It provides the defendant, respondent, oraccused the right to recover damages andlitigation costs by filing a SLAPPBackaction against the complainant upon the

dismissal of a SLAPP.

The bill grants the right to file a SLAPPbackaction for damages against the plaintiff orcomplainant of the SLAPP and recoverseparate damages, litigation costs, attorneysfees, and other relief as warranted by thecircumstances of the case. A SLAPPbackmeans an action for damages filed by thedefendant, respondent, or accused of a SLAPPagainst a plaintiff or complainant, arising fromthe final and executory dismissal of the case.

Research,Education

,andAdvocacyDepa

rtment

CenterforEnvironm

entalConcernsPhi

lippines

No.26MatulunginSt.,B

gy.CentralQuezonCity,

Philippines1100

TelefaxNo.+632-920909

9,+632-9248756

Email:rea@cecphils.org

Website:www.cecphils.o

rg

Text:LisaIto

Layout:R.JordanP.San

tos

CEC-PhilsisaSEC-re

gisterednon-governmen

torganizationpromoting

patriotic,scientific,

andpeople-orientedenv

ironmentaleducation,res

earch,andadvocacywork

withgrassrootscommun

itiesandsectors.

ThisprimerwaspublishedwiththesupportofDe

velopmentandPeaceCan

ada

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

8/4/2019 SLAPP Primer 120510

2/2

introduction

Protecting the Philippine environmentis closely linked with the defense ofhuman rights. How can we defend ourecosystems from destruction if those whostand up to protect our rich natural resourcesare themselves literally endangered andthreatened?

Environmental advocates are not shieldedfrom human rights violations, such as extra-

judicial killings and intimidation. Examplesof the latter are harassment suits calledStrategic Lawsuits against Public Participation(SLAPPs).

Philippine civil society organizationsengaged in environmental educationand advocacy, including CEC, have beenSLAPPed or sued for speaking outand writing about the destruction of theenvironment and the plunder of naturalresources. Since 2007, Kalikasan People'sNetwork for the Environment (KalikasanPNE), a national campaign center, calledattention to the incidence of lawsuits filedagainst environmental advocates across differentregions.

SLAPPs are not limited to environmentaladvocates. They include harassment suits againstpublic figures, labor unions, workers farmers,urban poor, community leaders, indigenouspeoples, youth, clergy, scientists, health workers,journalists and mass media, and even ordinarycitizens who exercise their right to speech andpublic participation.

WhAt Are SLAPPS?

A

SLAPP is any legal action filed bycorporations, public officials or

individuals against non-governmentalorganizations, peoples organizations, localresidents, community groups, and individualsin an attempt to intimidate the latter intodiscontinuing their protests, oppositions, andcriticisms against any initiative of the formerthat adversely affects public participation,interest and welfare.

SLAPPs can be based on both civil claims(such as defamation, conspiracy, maliciousprosecution, nuisance, and the like) or criminaloffenses, such as libel, slander, illegal assembly,or grave coercion. They are cloaked as claimsor accusations for multi-million libel suits,resistance and disobedience, and injunction.

The term SLAPP was coined by twoAmerican professors, Penelope Canan andGeorge Pring, who initiated research onharassment cases in the late 1970s, after noticingthat many environmental advocates were beingsued in large civil damage cases. They definedSLAPPs as a civil complaint or counterclaimfiled against nongovernment individuals or

NGOs on a substantive issue of some publicinterest or social significance.

cAn current LAWS And ProcedureS

Protect PeoPLe AgAinSt SLAPPS?

There has yet to be a comprehensive anti-SLAPP mechanism, both in substantiveand procedural law of the Philippines, that willprovide ample relief and defense for victims ofSLAPP lawsuits.

Of the numerous Philippine laws related tothe environment, only two contain provisionswhich deal with citizen lawsuits against violators,agencies, or government officials: RA 8749 or

the Clean Air Act of 1999 (Sections 41 and 42)and RA 9003 or the Ecological Solid WasteManagement Act of 2000 (Sections 52 and 53).

These anti-SLAPP measures are inadequateand limited in applicability, being confined to 1.)citizen suits against those who violate the lawor against public officials or agencies who f ail toimplement the law and 2.) counter-suits againstsaid citizen suits. The anti-SLAPP provisions inthese laws are focused on the enforcement oflegislation, meant to protect public officers whoare sued in their official capacity.

WhAt dAmAge cAn SLAPPS do

to orgAnizAtionS, individuALS,And communitieS?

SLAPPs can come in diverse forms. But theirunifying features make them a dangerousforce: they are brought about not to pursuejustice, but rather to ensnare their targets incostly ligitation which distracts them from thecontroversy at hand. They violate the right tofreedom of speech, press, petition, associationand assembly, petition and public participationin decision-making and issues of concern.

If allowed to prosper and inflict damage,SLAPPs can leave people frightened ordemoralized, resources drained, campaignsfloundering or left behind, and organizations

crippled. SLAPPs can intimidate and silencecritics by burdening them with the skyrocketingcosts and long duration of a legal defense so thatthey might be forced to abandon their cause.

SLAPPs are effective at silencing speechand bringing about what is termed as a chillingeffect--a form of political intimidation. The

inclusion of additional unidentified personsknown as John or Jane Does who can be suedlater onin harassment charges may alsodiscourage other people from pursuing thepublic assertion of their rights.

hoW PrevALent Are SLAPPS

in other countrieS?

In other jurisdictions, particularly in Canada,Europe, and twenty-six (26) states and one(1) territory of the United States, the disturbingincrease in SLAPPs have led governments toeither enact anti-SLAPP laws or promulgaterules against SLAPPs. Research by Pring andCanan indicates that thousands of Americans

have been SLAPPed in the past two decades;even more have been intimidated by the threatof SLAPPs. They observed that harassment suitscan strike at the heart of political participation:

Filers of SLAPPs rarely win in court yetoften win in the real world, achievingtheir political agendas...SLAPP targetswho fight back seldom lose in court yetare frequently devastated and depoliticizedand discourage others from speaking out...SLAPPs can and do eliminate or warppublic political participation.

WhAt iS the Anti-SLAPP Act

of 2010?

House Bill (HB) 3593, or the Anti-SLAPPAct of 2010, is a bill which aims to definestrategic lawsuits against public participation,prohibit the filing of harassment suits, andprovide measures for its dismissal.

It was introduced in the 15th Congress byRepresentatives Teodoro A. Casino and Neri Javier Colmenares of Bayan Muna Partylist,Rafael V. Mariano of Anakpawis Partylist,Luzviminda C. Ilagan and Emerciana A. DeJesus of Gabriela Womens Party, Raymond V.Palatino of Kabataan Partylist, and Antonio L.Tinio of ACT Teachers Partylist and filed lastNovember 2010.

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