Jose Jesus M. Disini, Jr., Rowena S. Disini, Lianne Ivy P. Medina, Janette Toral and Ernesto Sonido, Jr., vs. the Secretary of Justice, the Secretary of the Department of the Interior and Local Government, the Executive Director of the Information and Communications Technology Office, the Chief of the Philippine National Police and the Director of the National Bureau of Investigation
Louis "Barok" C. Biraogo v. National Bureau of Investigation and Philippine National Police (G.R. No. 203299)
Alab ng Mamamahayag (Alam), Hukuman ng Mamamayan Movement, Inc., Jerry S. Yap, Berteni "Toto" Causing, Hernani Q. Cuare, Percy Lapid, Tracy Cabrera, Ronaldo E. Renta, Cirilo P. Sabarre, Jr., Dervin Castro, et al., v. Office of the President, represented by President Benigno Simeon Aquino III, Senate of the Philippines, and House of Representatives (G.R. No. 203306)
Sen. Teofisto Guingona III v. Executive Secretary, the Secretary of Justice, the Secretary of the Department of Interior and Local Government, the Chief of the Philippine National Police, and Director of the National Bureau of Investigation (G.R. No. 203359)
Alexander Adonis, Ellen Tordesillas, Ma. Gisela Ordenes-Cascolan, H. Harry L. Roque, Jr., Romel R. Bagares, and Gilbert T. Andres v. the Executive Secretary, the Department of Budget and Management, the Department of Justice, the Department of the Interior and Local Government, the National Bureau of Investigation, the Philippine National Police, and the Information and Communications Technology Office-Department of Science and Technology (G.R. No. 203378)
Hon. Raymond V. Palatino, Hon. Antonio Tinio, Vencer Mari Crisostomo of Anakbayan, Ma. Katherine Elona of the Philippine Collegian, Isabelle Therese Baguisi of the National Union of Students of the Philippines, et al. v. Paquito N. Ochoa, Jr., in his capacity as Executive Secretary and Alter-Ego of President Benigno Simeon Aquino III, and Leila de Lima in her capacity as Secretary of Justice (G.R. No. 203391)
Bagong Alyansang Makabayan Secretary General Renato M. Reyes, Jr., National Artist Bienvenido L. Lumbera, Chairperson of Concerned Artists of the Philippines, Elmer C. Labog, Chairperson of Kilusang Mayo Uno, Cristina E. Palabay, Secretary General of Karapatan, Ferdinand R. Gaite, Chairperson of Courage, Joel B. Maglunsod, Vice President of Anakpawis Party-List, Lana R. Linaban, Secretary General Gabriela Women's Party, Adolfo Ares P. Gutierrez, and Julius Garcia Matibag v. Benigno Simeon C. Aquino III, President of the Republic of the Philippines, Paquito N. Ochoa, Jr., Executive Secretary, Senate of the Philippines, represented by Senate President Juan Ponce Enrile, House of Representatives, represented by Speaker Feliciano Belmonte, Jr., Leila de Lima, Secretary of the Department of Justice, Louis Napoleon C. Casambre, Executive Director of the Information and Communications Technology Office, Nonnatus Caesar R. Rojas, Director of the National Bureau of Investigation, D/Gen. Nicanor A. Bartolome, Chief of the Philippine National Police, Manuel A. Roxas II, Secretary of the Department of the Interior and Local Government (G.R. No. 203407)
Melencio S. Sta. Maria, Sedfrey M. Candelaria, Amparita Sta. Maria, Ray Paolo J. Santiago, Gilbert V. Sembrano, and Ryan Jeremiah D. Quan (all of the Ateneo Human Rights Center) v. Honorable Paquito Ochoa in his capacity as Executive Secretary, Honorable Leila de Lima in her capacity as Secretary of Justice, Honorable Manuel Roxas in his capacity as Secretary of the Department of Interior and Local Government, the Chief of the Philippine National Police, the Director of the National Bureau of Investigation (all of the Executive Department of Government) (G.R. No. 203440)
National Union of Journalists of the Philippines, Philippine Press Institute, Center for Media Freedom and Responsibility, Rowena Carranza Paraan, Melinda Quintos-De Jesus, Joseph Alwyn Alburo, Ariel Sebellino and the Petitioners in the ePetition http://www.nujp.org/no-to-ra10175/ v. the Executive Secretary, the Secretary of Justice, the Secretary of the Interior and Local Government, the Secretary of Budget and Management, the Director General of the Philippine National Police, the Director of the National Bureau of Investigation, the Cybercrime Investigation and Coordinating Center, and all Agencies and Instrumentalities of Government and all Persons Acting Under their Instructions, Orders, Direction in Relation to the Implementation of Republic Act No. 10175 (G.R. No. 203453)
Paul Cornelius T. Castillo and Ryan D. Andres v. the Hon. Secretary of Justice and the Hon. Secretary of Interior and Local Government (G.R. No. 203454)
Anthony Ian M. Cruz; Marcelo R. Landicho; Benjamin Noel A. Espina; Marck Ronald C. Rimorin; Julius D. Rocas; Oliver Richard V. Robillo; Aaron Erick A. Lozada; Gerard Adrian P. Magnaye; Jose Reginald A. Ramos; Ma. Rosario T. Juan; Brendalyn P. Ramirez; Maureen A. Hermitanio; Kristine Joy S. Rementilla; Maricel O. Gray; Julius Ivan F. Cabigon; Benralph S. Yu; Cebu Bloggers Society, Inc. President Ruben B. Licera, Jr; and Pinoy Expat/OFW Blog Awards, Inc. Coordinator Pedro E. Rahon v. his Excellency Benigno S. Aquino III, in his capacity as President of the Republic of the Philippines; Senate of the Philippines, represented by Hon. Juan Ponce Enrile, in his capacity as Senate President; House of Representatives, represented by Feliciano R. Belmonte, Jr., in his capacity as Speaker of the House of Representatives; Hon. Paquito N. Ochoa, Jr., in his capacity as Executive Secretary; Hon. Leila M. de Lima, in her capacity as Secretary of Justice; Hon. Louis Napoleon C. Casambre, in his capacity as Executive Director, Information and Communications Technology Office; Hon. Nonnatus Caesar R. Rojas, in his capacity as Director, National Bureau of Investigation; and P/DGen. Nicanor A. Bartolome, in his capacity as Chief, Philippine National Police (G.R. No. 203469)
Philippine Bar Association, Inc. v. His Excellency Benigno S. Aquino III, in his official capacity as President of the Republic of the Philippines; Hon. Paquito N. Ochoa, Jr., in his official capacity as Executive Secretary; Hon. Leila M. de Lima, in her official capacity as Secretary of Justice; Louis Napoleon C. Casambre, in his official capacity as Executive Director, Information and Communications Technology Office; Nonnatus Caesar R. Rojas, in his official capacity as Director of the National Bureau of Investigation; and Director General Nicanor A. Bartolome, in his official capacity as Chief of the Philippine National Police (G.R. No. 203501)
Bayan Muna Rep. Neri J. Colmenares v. The Executive Secretary Paquito Ochoa, Jr. (G.R. No. 203509)
National Press Club of the Philippines, Inc. represented by Benny D. Antiporda in his capacity as President and in his personal capacity v. Office of the President, Pres. Benigno Simeon Aquino III, Department of Justice, Department of Interior and Local Government, Philippine National Police, National Bureau of Investigation, Department of Budget and Management and all Other Government Instrumentalities who have Hands in the Passage and/or Implementation of Republic Act 10175 (G.R. No. 203515)
Philippine Internet Freedom Alliance, composed of Dakila–Philippine Collective for Modern Heroism, represented by Leni Velasco, Partido Lakas Ng Masa, represented by Cesar S. Melencio, Francis Euston R. Acero, Marlon Anthony Romasanta Tonson, Teodoro A. Casiño, Noemi Lardizabal-Dado, Imelda Orales, James Matthew B. Miraflor, Juan G.M. Ragragio, Maria Fatima A. Villena, Medardo M. Manrique, Jr., Lauren Dado, Marco Vittoria Tobias Sumayao, Irene Chia, Erastus Noel T. Delizo, Cristina Sarah E. Osorio, Romeo Factolerin, Naomi L. Tupas, Kenneth Keng, Ana Alexandra C. Castro v. The Executive Secretary, the Secretary of Justice, the Secretary of Interior and Local Government, the Secretary of Science and Technology, the Executive Director of the Information Technology Office, the Director of the National Bureau of Investigation, the Chief, Philippine National Police, the Head of the Doj Office of Cybercrime, and the Other Members of the Cybercrime Investigation and Coordinating Center (G.R. No. 203518)
Decided
February 18, 2014
Citation
727 Phil. 28
Case history
Prior action(s)
None, Supreme Court was first instance of all fifteen consolidated petitions
In the end, the Court declared that most of the law, including the cyberlibel provision, was constitutional.[5] The ruling's abridgement of free expression has been widely criticized by critics of the law,[6][7] including then attorney Harry Roque.[8] The decision reached in Disini paved the way for the anti-fake news provisions of the Bayanihan to Heal as One Act.[9]
On October 8, 2012, the Supreme Court decided to issue a temporary restraining order (TRO), pausing implementation of the law for 120 days.[17] In early December 2012, the government requested the lifting of the TRO,[18] which was denied.[19] The TRO consolidated all fifteen petitions filed up to that point into one case.[17]
On January 15, the petitioners, including but not limited to Atty. Disini, participated in an oral argument before the Supreme Court in the case of Disini v. Secretary of Justice.
On January 29, the respondents, that is to say, the sued government agencies collectively represented by the Office of the Solicitor General, participated in an oral argument before the Supreme Court in the case of Disini v. Secretary of Justice. Francis Jardeleza, the then-Solicitor General, personally responded, and begins speaking at 4 minutes 33 seconds.
Over four hours of oral arguments by petitioners were heard on January 15, 2013, followed by a three-hour rebuttal by the Office of the Solicitor General, representing the government, on January 29, 2013.[20] This was the first time in Philippine history that oral arguments were uploaded online by the Supreme Court.[21]
Ruling
On February 18, 2014, in a ruling penned by justice Roberto Abad, the Supreme Court ruled 12–1–2 that most of the law was constitutional, although it struck down other provisions, including the ones that violated double jeopardy.[5][1] In total, §4(c)(3), §5 (only in relation to §4(c)(2), §4(c)(3), and §4(c)(4)), §7 (only in relation to sections §4(c)(2) and §4(c)(4)), §12, and §19 were struck down by the Court as unconstitutional.[1]
Notably, "likes" and "retweets" of libelous content, originally themselves also criminalized as libel under the law, were found to be legal,[22] and this was the only instance in which the court modified the interpretation of section 4(c)(4).[1] Only justice Marvic Leonen dissented from the ruling, writing that he believes the whole idea of criminal libel to be unconstitutional, and assailing the Court for not finding so.[23]
Of note also was the Court's justification for the higher penalties given to cybercrimes, such as prisión mayor (six to twelve years in prison) for cyberlibel:[1]
There exists a substantial distinction between crimes committed through the use of information and communications technology and similar crimes committed using other means. In using the technology in question, the offender often evades identification and is able to reach far more victims or cause greater harm. The distinction, therefore, creates a basis for higher penalties for cybercrimes.
The Court's ruling also puts the burden of proof for whether or not there was malice on the defendant rather than the petitioner, even if the petitioner is a public figure.[7] In his dissent in part, justice Antonio Carpio called this provision "clearly repugnant to the Constitution."[24]
Motion for reconsideration
While motions for reconsideration were immediately filed by numerous petitioners, including the Center for Media Freedom and Responsibility, they were all rejected with finality on April 22, 2014.[25][26] However, justice Arturo Brion, who originally wrote a separate concurring opinion, changed his vote to dissent after reconsidering whether it was just to impose higher penalties for cyberlibel than for regular libel.[27]
The Supreme Court (Filipino: Kataas-taasang Hukuman; colloquially referred to as the Korte Suprema, is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the Real Audiencia de Manila, the predecessor of the Supreme Court.
The Ratification Cases, officially titled as Javellana v. Executive Secretary, was a 1973 Supreme Court of the Philippines case that allowed the 1973 Philippine Constitution to come into full force, which led to President Ferdinand Marcos staying in office and ruling by decree until he was ousted by the People Power Revolution in 1986. The decision became the cornerstone of subsequent decisions whenever the validity of the 1973 Constitution was questioned.
The trial of Philippine president Joseph Estrada took place between 2001 and 2007 at the Sandiganbayan. Estrada resigned from office in 2001 during a popular uprising in Metro Manila after an aborted impeachment trial in which he was charged with plunder and perjury. Soon after his ouster, the same charges were filed against him at the Sandiganbayan.
Marvic Mario Victor Famorca Leonen is the Senior Associate Justice of the Supreme Court of the Philippines since May 14, 2022 upon the retirement of Senior Associate Justice Estela Perlas-Bernabe. He became an associate justice of the Supreme Court of the Philippines on November 21, 2012 – the second youngest jurist to hold the said position and the youngest after Manuel V. Moran in 1938. Prior to his stint in the country's highest court, he served as chief peace negotiator of the Republic of the Philippines in peace talks with the Moro Islamic Liberation Front. Leonen has been called, "The Great Dissenter" of the Supreme Court, often standing close to liberal and human rights-oriented decisions against the conservative bench close to Rodrigo Duterte and related dictatorial beliefs.
Mariano C. del Castillo is a former associate justice of the Supreme Court of the Philippines.
Roberto A. Abad is a lawyer and judge who served as an associate justice of the Supreme Court of the Philippines from August 7, 2009, to May 22, 2014.
Dennis B. Funa is a Filipino lawyer, businessman, public official, law book author, professor of law, constitutionalist, and the current Commissioner of the Philippines' Insurance Commission. As a Filipino lawyer, he is the managing partner of a Metro Manila based law firm. He has served the Philippine government from 1992 to 1998, and 2013 to the present in various capacities.
Maria Lourdes "Meilou" Aranal-Sereno is a Filipina lawyer and judge who served as de facto chief justice of the Supreme Court of the Philippines from 2012 until 2018.
The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippines that was approved by President Benigno Aquino III on September 12, 2012. It aims to address legal issues concerning online interactions and the Internet in the Philippines. Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography, identity theft, illegal access to data and libel.
The Magna Carta for Philippine Internet Freedom is an internet law bill filed in the Congress of the Philippines. The bill contains provisions promoting civil and political rights and Constitutional guarantees for Philippine internet users, such as freedom of expression, as well as provisions on information and communications technology (ICT) policy, ICT4D, internet governance, e-governance, cybersecurity, cyberwarfare, cyberterrorism, and cybercrime.
Rappler is a Filipino online news website based in Pasig, Metro Manila, the Philippines. It was founded by 2021 Nobel Peace Prize laureate Maria Ressa along with a group of fellow Filipino journalists as well as technopreneurs. It started as a Facebook page named MovePH in August 2011 and evolved into a website on January 1, 2012.
The Torre de Manila is a high-rise residential building built by DMCI Homes in Ermita, Manila, Philippines. The building has been controversial due to its proximity to the Rizal Monument, and has been publicly known as "a national photobomber" and "a national disgrace to Rizal".
The Free Legal Assistance Group (FLAG) is a nationwide organization of human rights lawyers in the Philippines. It was founded in 1974 by Sen. Jose W. Diokno, Lorenzo Tañada, J.B.L. Reyes, and Joker Arroyo during the martial law era under former President Ferdinand Marcos. It is the first and largest group of human rights lawyers established in the nation. They work on countering varied abuses against human rights and civil liberties. Its current chairman since 2003 is human rights attorney Chel Diokno, the founding dean of the De La Salle University Tañada-Diokno School of Law.
Herminio HarryLopez Roque Jr. is a Filipino lawyer, politician, and former law professor. He served as the presidential spokesperson of President Rodrigo Duterte from 2017 to 2018 and from 2020 to 2021. He was the party-list representative of KABAYAN from 2016 to 2017.
Zubik v. Burwell, 578 U.S. ___ (2016), was a case before the United States Supreme Court on whether religious institutions other than churches should be exempt from the contraceptive mandate, a regulation adopted by the United States Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) that requires non-church employers to cover certain contraceptives for their female employees. Churches are already exempt under those regulations. On May 16, 2016, the Supreme Court vacated the Court of Appeals ruling in Zubik v. Burwell and the six cases it had consolidated under that title and returned them to their respective courts of appeals for reconsideration.
Oposa v. Factoran, G.R. No. 101083, 224 S.C.R.A. 792 (1993), alternatively titled Minors Oposa v. Factoran or Minors Oposa, is a landmark decision of the Supreme Court of the Philippines recognizing the doctrine of intergenerational responsibility on the environment in the Philippine legal system. The case is a contributor to the development of international environmental law.
The quo warranto petition against Maria Lourdes Sereno, filed before the Supreme Court of the Philippines, led to the landmark case Republic v. Sereno, which nullified Maria Lourdes Sereno's appointment as Chief Justice of the Supreme Court of the Philippines, finding that she never lawfully held the office due to a lack of integrity for failing to file certain required financial documents. As a result, she was ousted from the Supreme Court as Chief Justice. The Court handed down its ruling on May 11, 2018. The case began with a filing before the House of Representatives of an impeachment demand, the accusations in which Solicitor General Jose Calida used as the factual basis for his quo warranto petition.
Falcis III v. Civil Registrar-General, 861 Phil. 388 (2019), was a case which arose out of a petition filed by Filipino lawyer Jesus Falcis III before the Supreme Court of the Philippines. The Court promulgated its ruling on September 3, 2019.
People of the Philippines v. Santos, Ressa and Rappler (R-MNL-19-01141-CR), also known as the Maria Ressa cyberlibel case, is a high-profile criminal case in the Philippines, lodged against Maria Ressa, co-owner and CEO of Rappler Inc.. Accused of cyberlibel, Ressa was found guilty by a Manila Regional Trial Court on June 15, 2020.
On May 16 and 17, 2022, respectively, two post-election petitions to deem Bongbong Marcos disqualified and declare void ab initio his certificate of candidacy in the 2022 Philippine presidential election were filed with the Supreme Court of the Philippines.
↑ Judiciary Annual Report 2013(PDF). Manila: Supreme Court of the Philippines. 2013. p.46. Later on, the Court approved another first -- the uploading of the audio recording of the proceedings of the oral arguments of the cases starting with the cases on Cybercrime Law.
↑ Acosta, Persida (February 17, 2020). "Liking a libelous post". The Manila Times. Retrieved June 6, 2020.
↑ Judiciary Annual Report 2014(PDF). Manila: Supreme Court of the Philippines. 2014. p.31. In a later signed resolution, the Court denied all the motions for reconsiderationof its decision dated February 18, 2014. (GR No. 203335, GR No. 203299, GR No.203306, GR No. 203359, GR No. 203378, GR No. 203391, GR No. 203407, GR No.203440, GR No. 203453, GR No. 203454, GR No. 203469, GR No. 203501, GR No.203509, GR No. 203515, and GR No. 203518, April 22, 2014)
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