Archives for 

libel

Pasig court throws out libel suit by bank against Dagupan’s Sunday Punch

Dear media friends, please see below our media release on a libel case we have successfully defended. Kindly refer to the attached 5-page copy of the court’s order dismissing the case. Media Release from CenterLaw For reference : Professor H. Harry L. Roque, Jr. 09175398096 and Atty. Romel R. Bagares, 09328798422 The Pasig City Regional […]

Re-examining freedom of expression

I have been the foremost advocate for freedom of expression, at least in the legal profession. I have always said that this freedom is ever important for it enables us to know the truth. It also enables us to form opinions, which taken collectively, have been proven in fiscalizing governments. For instance, we now know […]

High court on libel: Lost in overbreadth

The recent Supreme Court decision upholding the constitutionality of libel under the Revised Penal Code and under Section 4 C (4) of the cybercrime prevention law but declaring the crimes of aiding and abetting cyberlibel unconstitutional are contradictory rulings, which can only be because of the court’s misappreciation of the doctrine of “overbreadth.” There is […]

Freedom of expression in ASEAN

(Posted in http://manilastandardtoday.com on November 6, 2013) I am in Bangkok, Thailand for training on media defense for lawyers from Cambodia, Vietnam and Burma. This is sponsored by Media Defense Southeast Asia with support from the Konrad Adenaur Stiftung and the American Bar Association Rule of Law Initiative. The prognosis is very bleak. All throughout […]

Text of our Memorandum Against the Cybercrimes Prevention Act

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/ or Temporary Restraining […]

Offending religious feelings

  I did not want to write about Carlos Celdran. As a religious person myself, I found what he did—picketing and disturbing a religious event—offensive and in bad taste. I probably would have been incensed if I were one of those then worshipping at Manila Cathedral. But because public opinion, at least among netizens, appears […]

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 […]

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 […]

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 […]

ADONIS PETITION VS CYBERCRIMES LAW AMENDED

PETITION VS CYBERCRIMES LAW AMENDED The Center for International law and the Southeast Asia Media Defense, counsels for Davao based broadcaster Alexander Adonis, amended yesterday their petition to have the recent Cybercrimes Prevention Act of 2012 declared unconstitutional. In their amended Petition, Centerlaw asked the Supreme Court to expressly declare Art. 355 of the Revised […]

A (temporary) victory for free speech

  In the 1936 case of Tañada versus Electoral Commission, the Supreme Court held that when the Court strikes down an act of any other branch of government for being contrary to law and the Constitution, it is not exercising judicial supremacy but upholding the supremacy of the Constitution. This was exactly what the Court […]

Cybercrimes and Freedom of Expression

Despite the view of the United Nations Committee on Human Rights that Philippine criminal libel is contrary to Article 19 of the International Covenant on Civil and Political Rights (ICCPR) on freedom of expression, Congress and President Benigno Aquino III still enacted the Cybercrime Prevention Law which, among other things, added electronic libel as a new criminal offense. […]

Willie and libel

The Quezon City Prosecutor’s Office rightfully dismissed child abuse and libel raps filed in connection with “Jon-Jon’s” notorious “macho boy” dance sequence in the program of Willie Revillame. Ironically, it was even the parents of Jon-jon who filed suit against bloggers Froilan Grate and John Silva. Also sued was noted child psychologist Lourdes Carandang. The three […]