Lawyer Harry Roque files motion for reconsideration vs Cybercrime law.Last Tuesday, while in Baguio City for their summer session, the Supreme Court denied all the Motions for Reconsideration on Online Libel which it upheld in its Feb. 18, 2014 decision.
It will be recalled that in its Feb. 18 decision, the High Court struck down as illegal the authority given to the Department of Justice) to restrict or block access to any online post which it deemed violating the law without any court order.
But it upheld the constitutionality of the online libel that increased the penalty twelvefold. From a minimum punishment of six months imprisonment under the Revised Penal Code, the Cybercrime Prevention Law increased it to six years. The maximum punishment was doubled from six to twelve years in prison.
That’s the question lawyer Harry Roque posed to the Supreme Court justices to underscore the dangers of the Cybercrime Law. He referred to the three photos posted here:
Anti-Cybercrime law rally at Supreme Court Oct 2012. Photo by Mario Ignacio of VERA Files.Last week, we amended our petition against the Cybercrimes Prevention Act of 2012 (R.A 10175) to have it declared wholly as unconstitutional.
“We” refers to our group VERA Files and fellow petitioners namely Davao-based radio broadcaster radio broadcaster Alexander Adonis, lawyers/bloggers Harry Roque, Romel Bagares, and Gilbert Andres, legal officer of Media Defense Southeast Asia.
Our earlier petition filed last Sept 28 asked the Court to declare only the provision of the Cybercrimes Prevention Law on libel as being unconstitutional. In our amended petition, we asked the Supreme Court to expressly declare Art. 355 of the Revised Penal Code providing for the crime of libel also to be unconstitutional.
As explained by our lawyers, Harry Roque and Romel Bagares of The Center for International Law and the Southeast Asia Media Defense, “We’ve had to clarify that pursuant to the View of the UN Human Rights Committee in Adonis vs. Republic of the Philippines, libel under the Revised Penal Code is contrary to freedom of expression. In its annual report this year on the Philippines, the UN Human Rights Committee also decried that instead of complying with this view and repeal Art 355 of the RPC, the Philippines even expanded the coverage of libel through the Cybercrime Prevention Act.”
The power of an informed and vigilant people. Photo by VERA Files’ Mario Ignacio.Smiles, laughter and relief suddenly replaced the atmosphere of anger and outrage among rallyists when the information from inside the Supreme Court was shared that the justices unanimously voted to issue a 120-day temporary restraining order (TRO) on Republic Act 10175 or the Cybercrime Prevention Act of 2012.
“We did it!”, enthused one rallyist.
Yes, another demonstration of the power of a vigilant public. A total of 15 petitions were filed with the Supreme Court questioning the legality of some provisions of the Cybercrime Prevention Act, particularly the part on online libel.
The 120-day TRO gives us respite and should allow us to celebrate Christmas with lesser stress. That should give us time to recharge when the battle resumes. The SC will hold oral arguments on the controversial law on January 15, 2013.
Last Friday, I joined five other persons in asking the Supreme Court to issue a temporary restraining order against the implementation of Republic Act 10175 or the Cybercrime Prevention Act of 2012.
We asked the High Court to declare Sections 4 (c) [4], 5, 6, 7 and 19 of the Act unconstitutional.
Thanks to Inquirer for Harry’s photo.My fellow petitioners are Davao-based radio broadcaster radio broadcaster Alexander Adonis, my VERA Files colleague Ma. Gisela Ordenes-Cascolan, lawyers/bloggers Harry Roque, Romel Bagares, and Gilbert Andres, legal officer of Media Defense Southeast Asia.Alexander Adonis in blue during hearing of his libel suit in 2004. Photo by Barry Ohaylan of Davao Today
Named respondents because they are the ones who will be implementing the law which President Aquino signed last Sept. 12 and took effect Sept. 27 are: Executive Secretary Paquito Ochoa Jr., Budget Secretary Florencio Abad, Justice Secretary Leila de Lima, Interior Secretary Manuel Roxas III, National Bureau of Investigation director Nonnatus Caesar Rojas, Philippine National Police chief Nicanor Bartolome, and acting Director-General Denis Villorente of the Information and Communications Technology Office-Department of Science and Technology.
