Anti-Cybercrime Law petitioners hit constitutionality of PHL penal code

By Shaira F. Panela, GMA News

Published December 28, 2012 11:24am

A group of journalists and lawyers have filed an amended petition against the Cybercrime Law or Republic Act 10175, renewing calls to update the 82-year-old Revised Penal Code of the Philippines (RPC). The move comes barely three weeks after the government moved to lift a temporary restraining order (TRO) preventing the law's implementation.

'Draconian', antiquated RPC

Earlier, media organizations and legal experts said that the Cybercrime Law's provision on online libel extended the reach of what was already widely regarded as a "draconian" RPC.

"Pinalakas 'yung libel... Inilipat 'yung problema sa old media papunta sa new media," said Luis V. Teodoro, deputy director of the Center for Media Freedom and Responsibility (CMFR) and former dean of the UP Diliman College of Mass Communications.

Teodoro also said that, even prior to the Cybercrime Law, the RPC's provisions on libel were already being used against government critics. "Madalas nagagamit ito sa pangha-harass ng mga journalist," he told GMA News Online. Petition versus the Revised Penal Code

On Dec. 27, the group of radio commentator Alexander Adonis; veteran journalist Ellen Tordesillas; Vera Files' Ma. Gisela Ordenes-Cascolan; and lawyers Harry Roque, Romel Bagares, and Gilbert Andres filed the amended petition before the Supreme Court, questioning the constitutionality of the libel provision in the Revised Penal Code.

The petition reads, in part:

"The arguments raised by Petitioners in assailing the validity of the 'cyberlibel' provision as found in RA 10175 are equally applicable to questioning the constitutionality of Article 355 of the Revised Penal Code since the new law refers to the crime as defined in the Revised Penal Code. An attack on the constitutionality of RA 10175 is inevitably an attack on the validity of Art. 355 of the Revised Penal Code."

Underscoring the unconstitutionality of the RPC "We want to declare libel in Article 353 of the Revised Penal Code as unconstitutional and incompatible with international human rights law," Roque told GMA News Online.

He explained that the unconstitutionality of libel was already implied in the group's earlier petition before the Supreme Court, but the need was found to underscore this point.

"We decided we should not rely on implication. Basically, we want to clarify (that we want the government) to repeal the libel provision in the Revised Penal Code," Roque said.

Libel should not be a criminal offense

"It's not just the Cybercrime Law that's the issue here, but criminal libel. Iyon ang objectionable. Criminal libel should be attacked head-on," Bagares told GMA News Online in a separate interview.

He explained that, although libel can carry civil liabilities, it should not be considered a criminal act.

"You shouldn't be imprisoned for the words you say or write," he emphasized.

Other petitions Between Sept. 24 and Oct. 8, a total of 15 petitions had been filed against Cybercrime Law.

A wide range of petitioners — from journalists and press freedom advocates to human rights advocates and lawyers — contested the constitutionality and legality of the law signed by Pres. Benigno S. Aquino III on Sept. 12.

Petitioners believe that RA 10175 violates the people's rights to free speech, expression, due process, among others.

Suspended implementation

The Supreme Court issued a TRO on Oct. 9 that suspended implementation of the entire law for 120 days. The TRO will expire on February 6, 2013.

In an earlier report, the Supreme Court said that it will deliberate on the petitions filed against the law in January, while the TRO is still in effect. — TJD, GMA News

Tags: cybercrime, cybercrimelaw,