See DOJ's Advice To A Game Developer On Making Leila De Lima A Villain In A Video Game

A game developer asked the Department of Justice (DOJ) if adding Senator Leila De Lima as a villain could violate any law.
Leila De Lima
Composite image from Philstar and foi.gov.ph
DOJ Undersecretary Erickson H. Balmes answered Bryan Bontilao's inquiry through Freedom of Information Philippines website.

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DOJ ADVISED A GAME DEVELOPER AGAINST MAKING LEILA DE LIMA A VILLAIN IN A VIDEO GAME!

#FOIWatch

Nakakaloka ang request na ito made after the DOJ. The requester asked the DOJ if adding Senator Delima as a villain could violate any law.

Ang sagot ng DOJ, through Undersecretary Erickson H. Balmes:

"This Department proscribes against this action as it may violate the following laws:

Republic Act No. 10175, also known as Cybercrime Prevention Act of 2012

Paragraph 4 of Subsection C of Section 4

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future. (Emphasis supplied)

Act No. 3815, also known as Revised Penal Code

Article 355. Libel means by writings or similar means. - A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.

As of present, there is no applicable jurisprudence involving the same circumstances, as that of libel committed by means of inclusion of a natural person in a mobile game application, especially as an antagonist. But, the Cybercrime Prevention Act penalizes any act that can be devised incorporating the use of technology that contains a public and malicious imputation tending to cause dishonor to a natural person.

Moreover, a case for damages can arise from such action.

Republic Act 386, also known as the Civil Code

ARTICLE 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission. (Emphasis supplied)

Hence, Sen. De Lima should not be added as a villain in your mobile game."

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(Full details of the FOI request:
https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERPSi05NjgzOTMwOTIxNjMM)