Author Topic: No TRO on Cyber Crime Law  (Read 792 times)

islander

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No TRO on Cyber Crime Law
« on: October 02, 2012, 06:39:26 PM »
No TRO on Cyber Crime Law

By Camille Diola and Dennis Carcamo
The Philippine Star
October 02, 2012

MANILA, Philippines - The Supreme Court on Tuesday did not issue a temporary restraining order against the newly-passed Cyber Crime Law, paving the way for its full implementation on Wednesday.

Instead,the SC will decide Tuesday next week whether or not to issue a temporary restraining order (TRO) against the controversial measure. The petitions against the law were included in the en banc agenda of the SC.

A member of the court, who requested anonymity, said the magistrates of the High Court have yet to thoroughly study all the petitions opposing the implementation of the measure.

During the en banc session, the SC justices said they will rule on the seven petitions now consolidated against the Cybercrime Act next week, the source said.

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islander

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Re: No TRO on Cyber Crime Law
« Reply #1 on: October 02, 2012, 06:40:08 PM »
Quorum

Though having a quorum, the SC spokesperson and lawyer Gleo Guerra said the justices need more time to study the petitions.

"The SC did not issue a TRO in the Cybercrime Prevention Act of 2012 petitions which are up for further study,"Guerra said.

Among those present at the SC en banc session were Chief Justice Maria Lourdes Sereno, Senior Justice Antonio Carpio and Justices Presbitero Velasco Jr., Teresita Leonardo-De Castro, Arturo Brion, Martin Villarama Jr., Jose Portugal Perez, Jose Catral Mendoza, Bienvenido Reyes, and Estela Perlas-Bernabe.

Absent were Justices Diosdado Peralta, Lucas Bersamin, and Mariano Del Castillo, who are all on official business abroad.

more at http://www.philstar.com/Article.aspx?articleId=855169&publicationSubCategoryId=63

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=55435.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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islander

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Re: No TRO on Cyber Crime Law
« Reply #2 on: October 02, 2012, 06:48:14 PM »
DOJ puts up new cyber law office

By Edu Punay
The Philippine Star
October 02, 2012

MANILA, Philippines - The Department of Justice (DOJ) will create a new office, to be manned by 100 state prosecutors trained in cyber forensics, to prosecute cybercrimes identified in the newly signed Republic Act 10175 or Cybercrime Prevention Act.

Justice Secretary Leila de Lima said yesterday that her office would also hold constant dialogue with key stakeholders to address issues and concerns on the implementation of the law, starting with a multisectoral forum on Oct. 9 at the DOJ.

She gave the statement after two more groups filed yesterday before the Supreme Court the sixth and seventh petitions seeking to stop implementation of certain provisions of RA 10175.

The petitioners, composed of a group of lawmakers, bloggers, members of academe and students, questioned the constitutionality of sections 4, 5 and 6 of the law.

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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islander

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Re: No TRO on Cyber Crime Law
« Reply #3 on: October 02, 2012, 06:50:50 PM »
...This developed as De Lima admitted yesterday that she opposed certain provisions in RA 10175 even before it was enacted last month.

De Lima bared this even as the DOJ is ready to implement the controversial new law starting tomorrow.

She said she had issued an opinion raising reservations particularly on provisions that impose higher penalty for libel and give the DOJ authority to order searches and seizures similar to that of a judge.

“I know there are objectionable portions and may I state for the record that those provisions did not come from us - the libel provision and the provision that gives us the take-down power. In fact, our position papers would show that we have actually raised questions on that,” she told reporters in an ambush interview.

She said she specifically recommended the deletion of cyber defamation, cyber threats and Internet libel. – with Paolo Romero

full article at http://www.philstar.com/Article.aspx?articleId=854974&publicationSubCategoryId=63

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=55435.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

Book your travel tickets anywhere in the world, go to www.12go.co

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