Student leaders file new petition vs cybercrime law

MANILA, Philippines - Student leaders filed petition questioning Republic Act 10175 or the Cybercrime Prevention Act yesterday, even as the Supreme Court (SC) has scheduled oral arguments on it next Tuesday.

The 27-page petition, which sought intervention to 15 consolidated petitions earlier filed before the high court, supported arguments against provisions in the controversial law and specifically questioned penalties it imposes on cybersex.

University of the Philippines student council chair Gabriel Paolo Dino, 2012 Ten Outstanding Students of the Philippines (TOSP) awardee JC Tejano, University of the East student council president Ephraim Ocampo, De La Salle University student council president Julie Ann Cabuhat and professor and blogger Leloy Claudio filed the new petition.

Claudio explained that RA 10175 defines cybersex so vaguely that it could cover private and intimate exchanges between consenting adults.

“This would result in a very outrageous situation wherein even OFWs (overseas Filipino workers) abroad engaging in intimate and private acts with their husbands or wives through the Internet could be punished under the cybercrime law and placed in the same category as pornographers and operators of online prostitution,” he pointed out.

They also said it is “very alarming” that the law still allows the prosecution under the Revised Penal Code of anyone charged with e-libel. The petitioners said the law infringes “on the youth’s civil liberties.”

The group urged the high court to extend the 120-day temporary restraining order it issued against the implementation of the law. The TRO lapses on Jan. 29.

A group of students also picketed in front of the SC to support the 16th petition against the controversial law.

The earlier petitions were filed by the National Union of Journalists of the Philippines; lawyer Jose Jesus Disini, of the Internet and society program of UP College of Law; a group of lawyers and journalists led by UP law professor Harry Roque Jr.; a group of lawyers led by Paul Cornelius Castillo; the National Press Club of the Philippines; officers of the Philippine Bar Association; businessman Louis Biraogo; a group of journalists belonging to Alab ng Mamahayag; Sen. Teofisto Guingona III; a group of lawmakers, members of academe and students led by Kabataan party-list Rep. Raymond Palatino; militant groups led by Bagong Alyansang Makabayan; the Ateneo Human Rights Center; a group of bloggers led by Anthony Ian Cruz; and Bayan Muna Representatives Neri Colmenares and Teddy Casiño.

Earlier this week, the SC issued guidelines for the oral arguments on the petitions against RA 10175 and inserted the cybersex provision in the law in the issues to be tackled by petitioners through five lawyers – Roque, Colmenares, Cruz, Disini and Matibag.

The respondents, Office of the President and Congress, will have their turn in the next hearing on Jan. 22.

The Office of the Solicitor General would represent them but the SC said Congress could send its own counsel. 

Bayan announced yesterday it would troop to the SC on Tuesday for the oral arguments on the cybercrime law.

The group, through its counsels, will join other petitioners in seeking an indefinite extension of the TRO against the law. – Edu Punay, Rhodina Villanueva