Lawyer to ask for indefinite TRO against Cybercrime Law

University of the Philippines law professor Harry Roque will ask the Supreme Court to indefinitely extend its 120-day temporary restraining order against the implementation of the Cybercrime Prevention Act of 2012, which is set to lapse on February 6. Roque, who is one of the petitioners against the controversial measure, said that he will make his manifestation during oral arguments on January 15, Tuesday. “Hihingi po kami orally na ma-extend indefinitely ‘yung TRO until such time na magkaroon ng resolution or decision ang Korte,” Roque said Thursday during a meeting of anti-Cybercrime Law groups at the College of Education auditorium in the University of the Philippines-Diliman campus. Last October 9, the High Court issued a temporary restraining order against the implementation of Republic Act 10175. “Kailangan pong makalampag ang Korte. Kinakailangan gisingin na naman sila na, 'Magdesisyon na kayo!' Lalong-lalo na at may posibilidad na may makulong pagkatapos ng TRO,” the law professor noted. “Pagkatapos po ng TRO, pwede na silang mandampot o magkaso ng mga ordinaryong mamayan dahil sa pagpapatupad ng batas na ito. Diyan po papasok ngayon na hindi gagalaw ang institusyon kung hindi gagalaw ang mamamayan,” he explained. Roque was a lawyer-petitioner that was tasked by the SC to tackle whether the law's Section 4 (c)(4) on electronic libel violates a person's rights to due process, equal protection under the law, free expression, and against double jeopardy. The lawyers that were tasked to represent the anti-cybercrime groups during the oral arguments will have their mock session on Friday, Bagong Alyansang Makabayan secretary-general Renato Reyes disclosed during the event. Apart from Roque, the lawyer-petitioners ordered to tackle specific provisions of the law were: -Bayan Muna Rep. Neri Colmenares on Section 6, which punishes by one degree higher than those crimes covered by the Revised Penal Code; and Section 7, which provides that a prosecution under the law shall be without prejudice to any liability under the RPC; - lawyer Rodel Cruz on Section 19, which empowers the Department of Justice to block computer data found to be in violation of the law; - lawyer Jesus Disini Jr. on Section 12, which empowers law enforcement authorities to collect traffic data in real time with specified communications transmitted through a computer system; - lawyer Julius Matibag on Section 5(1) and (b), which punishes Internet user for aiding or abetting a cybercrime offense. Each counsel will have a maximum of 10 minutes to present his arguments. It will be followed by the SC Justices' interpellation. The government’s side, through the Solicitor-General, will present its side on the Cybercrime Law on January 22. After both parties make their arguments, they will submit their respective memorandum to the High Court. Ideally, the High Tribunal should render its decision after the memoranda have been submitted. — DVM, GMA News