Gov’t to present arguments for Cybercrime law before SC

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10:22 AM January 22nd, 2013

By: Tetch Torres, January 22nd, 2013 10:22 AM

Alliance of youth organizations and institutions against cybercrime law held a vigil in front of the Supreme Court building in Padre Faura in Manila on Jan. 14, 2013, the eve of the high tribunal’s hearing on the oral arguments against the controversial law. INQUIRER FILE PHOTO

MANILA, Philippines–Government lawyers on Tuesday will present their arguments before the Supreme Court on the legality of Republic Act 10175 or the Cybercrime Prevention Act of 2012.

Last week, the high court heard the petitioners questioning the constitutionality of the Cybercrime Law.

Among the questioned provisions of the law were on Internet libel, the authority of the Department of Justice to take down Internet data if found to be violating RA 10175, collection of traffic data, cybersex issue and prosecution for violating this law and a separate prosecution and conviction for the same crime under the Revised Penal Code.

Representatives of the petitioners — UP law Professor Harry Roque Jr., Bayan Muna Representative Neri Colmenares, Philippine Bar Association legal counsel Rodel Cruz, UP Prof. Jesus Disini, and Julius Matibag of the National Union of People’s Lawyers — cited violation of the due process clause, search and seizure, prohibition against double jeopardy or being prosecuted for the same offense twice, vagueness of the law, right to free speech as among the many constitutional provisions which to be violated if the law will be implemented.

Solicitor-General Francis Jardeleza will lead government lawyers in defending the legality of the Cybercrime Law.

Last October 9, the high court stopped the implementation of the Anti-Cybercrime law for 120 days which will lapse on February 5.

Petitioners already asked the high court last week to extend the restraining order. Chief Justice Maria Lourdes Sereno said it will be discussed in future court sessions.

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