Gov’t to defend cyber law at SC



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.

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  • Albert Einstien


    NO to RH LAW




    BIG NO to POLITICAL DYNASTY…..code E- EBAC…estrada,enrile, binay, aquino at cayetano….

    E-EBAC lang sila ULIT…

    Huwag na kayong E-EBAC muli….lol

    • Emilio

       oy bakit nga ba ayaw ng cyber libel? dahil bang madaming tsismoso at tsismosa na pilipino sa internet? :D

      bakit gusto mo ng divorce dahil gusto mo parang artista pa tikim-tikim ng ibang putahe para legal na?

      gusto ko ng sagot parang awa muna :D

      • Albert Einstien

        pag me cyber libel…protektado ang mga KURAP, MATATAKOT na magsiwalat at PUMUNA ang mga TAONGBAYAN sa KATIWALIAN at PAGMAMALABIS ng mga LIDER…..wala narin public entertainment natin LABAN  sa mga comedyaneng  at tamad na politiko…

        dapat me DIVORCE….proteksyon ng battered wives at abused children….yung mga maagang nag-asawa sa kahit anong kadahilanan ay magkaka-roon ng SECOND chance in life to correct PAINFUL mistake..marriage is a prison cell to FAILED MARRIAGES…they just boxed it’s others faces day-in day-out..infront of their children..for sad : )

      • Emilio

         ibig sa bihin dapat bagohin ng konti ang batas na ito na pede mag salita ng negative ang taong bayan sa mga sinong politiko kasi tama lng mag salita ang publiko sa kanilang ginagawa dahil tayo ang nag papasahod sa kanila

        at para naman sa Divorce pag na legal ito hindi kaya maging laro nalang ang kasal at maabuso ng iba ang batas na ito?

      • jojo

        Hindi ka nmn kakasuhang ng cyber libel kung may ibendensya ka. e kung puro ka lang blog ng walang katuturan itulog mo n lang yan.

  • Lucky Luciano

    CYBERCRIMELAW: Don’t hurt the government’s feelings.
    DAMASOLAW:Don’t hurt the church’s feelings.

    See ya’all in jail!!!

  • Leopoldo Cabrero

    This Law is just to SHIELD all idiots in the Congress, Senate and all corrupt politicians.

    • Emilio

       how the politician can use this law as a shield?

      tell me pls pls T.T

  • ztefertilizerscam10

    Freedom of speech is the political right to communicate one’s opinions and ideas.

    • Emilio

       how this violate the Freedom of speech?

      i want to know pls pls tell me :D

  • juancrossofthe

    this is another stupid law in the philippines… if they say you are a corrupt politician you just answer and show that you are not kurakot..period… who are politicians that are not corrupt in the philippines anyway?..can somebody tell me… we need a politicians AKA ROBIN HOOD that steals for the people not to serve his family and friends only.. it should be for the whole village or for the FILIPINO people..not steal the people’s money… steal the corporation money..DUMB FILIPINO…

    • Emilio

       i think this is not a garbage law bcoz many Crime is happen in Cyber than real world.

      i don’t wan’t to see this msg in chat room like:

      18 Female looking for guys pm me.

      girl  20 here looking for cam to cam

      cute 17 female on cam looking for guys

      kaya dami foreign satin dahil d2. :D

  • ztefertilizerscam10

    FOI ang gawin niyong batas para alam ng tao akong saan napupunta ang buwis nila at hindi ang Cyber crime law…

  • Emilio

    I’m very confuse to those people who saying that this law that they want to implement by the gov’t are prohibited the right to speak of the people in the internet.

    my question is:

    “how this law violate our right to speak in the internet? even it said that only Tsismis are prohibited and those people who doing hubo-hubo on camera.”

    and my second question is: “are we doing tsismis only here when we posting a comment to any blog site, like this site that allowing people to post comment’s and suggestion?”

    i want everyone here to answer my question,

    and by the way i don’t no yet that’s why am asking questions. :D

  • zafirol

    cyber crime law needs to be changed. What is the point of defending a flawed law. It is the fault of the Filipino people whoever elected those actors in the senate who ever authored this law.

  • VeryDisgusted2

    The only ones you will benefit this law are dirty politicians with despicable deeds who want to silence their critics.

    This is akin to Dirty Mike in his hay days when he filed libel cases left and right to silence the press.

  • Ragdeleafar

    ‘Libel provision on Cybercrime Law’ will open the ways to ‘silence as a lamb but move with the guns’ and  ‘talk to the hand mob rule’. Civil unrest!

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