Government defends cyberlaw

It was the government’s turn last Tuesday to defend the Cybercrime Prevention Act. Solicitor-General Francis Jardeleza single handedly defended the law. The Justices grilled him for at least three and a half hours straight. Almost all of the questions of the magistrates focused on libel and Section 12 of the law, which authorizes law enforcement […]

Second Amended Petition Certiorari and Prohibition … on Cybercrime Law (G.R. No. 203378)

Pdf copy: 2nd Amended Petition Cybercrime Law REPUBLIC OF THE PHILIPPINES SUPREME COURT MANILA ALEXANDER ADONIS, VERAFILES INCORPORATED, represented by its President, ELLEN TORDESILLAS, MA. GISELA ORDENES-CASCOLAN, H. HARRY L. ROQUE, JR., ROMEL R. BAGARES, AND GILBERT T. ANDRES, Petitioners, -versus- G.R. No. 203378 For: Certiorari and Prohibition, with Prayer for a Preliminary Prohibitory Injunction and/ […]

So, How Does the Chinese Press Feel About the UNCLOS Arbitration?

by Julian Ku, Opinio Juris For those of you wondering how seriously the Chinese media is taking the Philippines’ arbitration claim against China over the South China Sea (there must be at least two of you out there), here is an illustrative cartoon from a Chinese newspaper, “JingChu Times”, in Central China (although originally from another publication). […]

Understanding our Unclos arbitral submission

After almost a year since our stalemate with China on Panatag Shoal, it’s about time we brought the controversy to the binding and compulsory dispute settlement procedure of the UN Convention on the Law of the Sea (Unclos). But contrary to many media reports, the action is not before the International Tribunal on the Law […]

Snippets from the oral arguments

  I asked my office to transcribe the audio file of the oral arguments against the Cybercrime Prevention Act of 2012. I’m reprinting what I consider some of the more serious questions propounded, as well as my answers to them: CJ Sereno: But I am also concerned about those who commit suicide.  Those who cannot […]

The day we defended a freedom (pix from Vera Files)

  The much-awaited day set for oral arguments against the Cybercrime Prevention Act of 2012 last Tuesday, 15 January, started very early for me. While I was tasked  a week before to bring the wide screen and the Powerpoint projector to the Supreme Court, I was only told on the same  day to set it […]

Historical Erotica or Void for Overbreadth and Vagueness?

Due to insistent public demand, I am posting the pictures which I used during my oral arguments in the Supreme Court last January 15, 2013. I asked the Court if the pictures were lascivious and if they were posted in the net, whether they can be prosecuted as cybersex. The issue is whether the language […]

THRUST AND PARRY ON THE CYBER LAW

Thrust and parry on the cybercrime law In a meeting called by Justice Roberto A. Abad and held last Friday, January 4, the 15 petitioners against the constitutionality of the Cybercrime Prevention Act of 2012, with Solicitor General Francis Jardeleza also in attendance, identified the issues to be argued by specific counsels. I was designated […]

Top ten issues for human rights in 2012

Here’s my choice for the top ten most important developments for Human Rights in the Philippines for 2012: 1. Passage of the Anti-Enforced Disappearance Law. Unfortunately, the passage of this law was overshadowed by the passage of the Reproductive Health Law. I say unfortunate because unlike the RH Law which in jurisprudence says is a […]