Gov’t to defend cyber law at SC

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MANILA, Philippines — After a week of delay, government lawyers on Tuesday will defend before the Supreme Court the legality of Republic Act 10175 or the Cybercrime Prevention Act of 2012.

The oral argument was scheduled last week but the high court granted the government’s request to reset it today, Tuesday.

Solicitor General Francis Jardeleza made the request saying he was needed in Malacañang.

Two weeks ago, the high court heard the arguments of the petitioners questioning the constitutionality of the Cybercrime Law.

Among the questioned provisions of the law discussed were the provision 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 Colmenraes, 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 will be violated if the law will be implemented.

Meanwhile, the anti-Cybercrime Law advocates will go back to the streets Tuesday on the second leg of the oral arguments.

Bayan Secretary General Renato Reyes said they were hoping that the high court would extend the restraining order it issued against the law’s implementation.

“With only a few days to go before the TRO vs cybercrime law expires on February 6, we hope the SC will take up the motion of the counsels for petitioners and issue an indefinite TRO… The cybercrime law, with its many infirmities, cannot possibly be implemented while the SC has yet to rule on the petitions,” Reyes said.

Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of INQUIRER.net. We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards.

  • http://pulse.yahoo.com/_M6UL2UG4OGTMCLSYGB5MVJ7USE InSearchOfTruth

    kung nabubuhay lamang si rizal ngayon, malamang blogger din sya…  at malamang sya ang isa sa mga kauna-unahang makakasuhan sa ilalim ng batas na ito…

    tsk…  tsk…  tsk…

    • http://pulse.yahoo.com/_W6B74ZEORPG4EJK7OMWXN7RKGY jojo

      maari pero siguro may sense nmn mga blog nya.

      • http://pulse.yahoo.com/_M6UL2UG4OGTMCLSYGB5MVJ7USE InSearchOfTruth

        oo may sense sigurado ngunit hindi pa rin sya makakaligtas sa batas na ito…  dahil ayon sa batas, hindi kailangan kasinungalingan lang ang isulat para makasuhan ng libel.  kahit pa totoo ang iyong isinulat ay maari ka kasuhan basta nagreklamo ang naapektuhan ng sinulat mo.

      • magiting78

        Tama kahit pa katutuhanan ang iyong isinulat kung ito ay makasira ng dangal ng iba ay pwd ka kasuhan…bawat karapatan ay may kaakibat n responsibilidad..si Rizal ay hnd gumamit ng totoong pangalan s kanyang mga panulat gumamit sya ng ibang mga tauhan.
        Kung may sapat kang ebedinsya sa iyong mga nais sabihin at ito ay makakasira sa bayan pwd ka dumerekta ng reklamo sa kinauukulan.

  • geminimind

    Feel free to speak your heart and mind.And blast it what bothers you the most.

  • disqusted0fu

    The government is defending the unconstitutional cybercrime law and killing the much needed FOI bill. There must be a lot of things that our government now is trying to hide from the people. Majority have to do something about this before our government gets infested with more liars, cheaters and stealers, all under the leadership of an authoritarian president.

  • http://pulse.yahoo.com/_CYEDXPOCLZHYJEI2HFUVIYMUVU Emilio

    Ahhhh!!!
    Bagohin nyo muna ang batas na ito na hindi pwedeng kasuhan ang taong bayan pag issue ng sinong mang politiko ang pinag uusapan.

    saka palang nyo pwedeng pasa yang batas na yan :D

    kami ang boss nyo pwede naming kayong sibakin sa puwesto nyo, at malabo yang cha cha

  • Vertumnus

    An attempt by the politicians to silence the critics.  The minute you write something negative about a politician, you automatically can be charge with libel.  The Church will love this law.  They can go after the people critical of the Church’s leadership.
    Technology and progress are suppose to open up people to new ideas but it seems in the Philippines it works the opposite.  The government and the Church are hell bent on letting the Philippines stay in the 19th century.  So much for progress!

    • http://pulse.yahoo.com/_CYEDXPOCLZHYJEI2HFUVIYMUVU Emilio

       oh TY ^o^
      so we need some modify and changes on this law if this really inside this law,
      so the politician and Church should only exempted to this law.

      meaning they cannot charge any case against people who telling negative to a politician and Church.

    • http://www.facebook.com/profile.php?id=100000134130590 Mark Spc

      im curious to know… has the church charged anyone with anything in any country in the modern day era?

      • http://pulse.yahoo.com/_M6UL2UG4OGTMCLSYGB5MVJ7USE InSearchOfTruth

        yes, celdran was one of them, unfortunately…  although its not under e-libel.  but still he was charged and the court just gave a guilty verdict

      • http://www.facebook.com/profile.php?id=100000134130590 Mark Spc

        i looked up the celdran case. perhaps the church has the right to charge celdran or what not. but the church should have practiced what they preach… forgiveness. i love my church and i try to practice my religious beliefs to the best of my ability but i still need to call spade a spade.

      • Vertumnus

        Pope Benedict XVI valet Paolo Gabriele was charged with theft for leaking sensitive information to a reporter. He was found guilty and was pardoned by the Pope last year.

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