Miriam sees SC striking down anti-cybercrime law

Senator Miriam Defensor Santiago believes that there are grounds for the Supreme Court to declare the Cybercrime Prevention Act unconstitutional.

 

"My position is that because there are so many invalid provisions there, from my humble point of view, it is better for the Supreme Court to strike down the entire law," she said.

 

"The Supreme Court sometimes does that when there are so many provisions in a certain bill or in a certain law that it considers unconstitutional or questionable, it will declare the entire law to be unconstitutional," she added.

 

Furthermore, Santiago said striking down the law in its entirety will save Congress from amending certain provisions in part or in whole which would only result in a disjointed bill.

 

The senator did not specify which provisions in the anti-cybercrime law were invalid.

 

Colleagues

 

Santiago's position, however, is contrary to the stand of her colleagues.

 

Senator Edgardo Angara, one of the principal authors of the law, admitted that there may be some loopholes in the law. But these flaws can still be repaired.

 

"I think, ultimately, the SC will uphold the law. They may find some provisions vague or maybe unnecessary, they may strike down those provisions but I don’t think they will ever strike down the entire law," said Angara. 

 

He added that he would be willing to compromise on some of the law’s penalties. He was also prepared to clarify the extent of the powers the law gives the Department of Justice.

 

However, he believed that the libel provision should stay. "As I said the solution there is to repeal the mother law, which is the Revised Penal Code," he said.

 

In a separate interview, Senate President Juan Ponce Enrile said the SC does not normally strike down an entire law "unless it is very palpable in violating the Constitution."

 

"They will only strike down the portions that are unconstitutional," he said.

 

First victory in the battle

 

Senator Teofisto Guingona III said the temporary restraining order (TRO) unanimously issued by the Supreme Court against the anti-cybercrime law is the first victory in the battle to defend freedom and the right to free expression.

 

"For a Court to issue a TRO unanimously is a strong message of its belief that the dangers and fears of the people are real and must be addressed," he said in a press statement. He added that with the TRO, the tyrannical powers granted by the law are effectively clipped. 

 

Be that as it may, Guingona warned oppositors of the law that they must escalate their vigilance and continue the fight for fundamental rights. 

 

Senator Pia Cayetano said the TRO opened a window of opportunity for Congress to revisit the law and work for the amendment and/or repeal of questionable provisions.

 

"These efforts should go hand-in-hand with deliberations on a related matter, the decriminalization of libel. I look forward to the debates and urge the public, including netizens and bloggers, to monitor and participate in the public hearings," she said. — DVM, GMA News