THE Supreme Court circular to judges throughout the land urging the latter to, under justifiable circumstances, impose fines instead of prison terms to those convicted of libel is not a usurpation of Congress authority and power to enact laws.

This was clarified for the nth time by Chief Justice Reynato S. Puno who was in Dagupan City to address a full gospel businessmen’s conference, with reference to last Saturday’s headline news of Malacanang officials’ reactions to the circular.

“This (the SC circular) is not, by any means, a new ruling,” the Chief Justice told mediamen in a press conference. It was, he said, simply a reiteration of previous court positions on the subject of libel convictions.

He cited at least four precedent cases decided by the Tribunal dating back to the late 1990s and as recent as 2005 which was the celebrated case of Makati political figure Roberto Brillantes who was convicted of libel but whose prison sentence was modified tojust a fine.

In each of these four libel cases where the accused’s penalty of imprisonment was modified to payment of fine, there were no motions for reconsideration or any post-decision appeals from the Solicitor-General, the government’s counsel, Puno stressed.

Upholding the circular’s basic argument for issuance, Puno said libel is not a heinous crime that would merit extreme or harsh penalties.

He said the circular did not take away imprisonment as a punishment for libel contrary to “some views from the executive branch (of government),” he explained.

The judge, in the exercise of his discretion, can still impose the minimum to moderate penalty of prison correctional, Puno said, or if he finds the nature and circumstance of the offense merits just a fine of from P200 to P6,000, he may impose the same.

He also clarified that the circular does not only apply to members of the media who are exercising their job or duty to inform but to any person so accused of the crime of libel.

”It (the SC circular) is not meant to favor just the media as a sector” but (also) anyone else who stands accused of libel as a person.