Implementasyon ng Anti-Cybercrime Law, Pansamantalang Pinigil ng Korte Suprema

admin   •   October 10, 2012   •   7630

FILE PHOTO: Supreme Court of the Philippines (UNTV News)

MANILA, Philippines — Hindi pa rin kinukumpirma ng Korte Suprema ang mga ulat na maglalabas ito ng temporary restraining order (TRO) upang ipatigil ang pagpapatupad ng Republic Act 10175 o ang Cybercrime Prevention Act of 2012.

Ayon kay Attorney Gleo Guerra, ang acting chief ng Supreme Court Public Information Office, wala pang impormasyong ipinararating sa kanila ang opisina ni Chief Justice Maria Lourdes Sereno tungkol sa TRO.

Ngunit simula ng tanghali nitong Martes ay naglabasan na ang mga ulat na nagpasya ang mga mahistrado na magpalabas ng TRO.

Ayon sa lumabas na ulat, lahat ng mga mahistrado ng kataas-taasang hukuman ng bansa ay pumabor na pansamantalang ipatigil ang implementasyon ng kontrobersyal na batas.

Magiging epektibo umano ang nasabing kautusan sa loob ng 120 araw habang itinakda naman ang oral arguments sa kaso sa buwan ng Enero sa susunod na taon.

Ayon naman kay Justice Secretary Leila De Lima, igagalang at susundin nila ang ilalabas na TRO ng kataas-taasang hukuman. Ilalahad na lamang anila ang kanilang argumento sa ipatatawag na oral argument ng Korte Suprema.

“The Supreme Court temporary restraining order is an exercise of the power of judicial review. We respect and will abide by it. We will present the arguments outlined in the historic forum on cybercrime earlier formally before the High Court in due time.”

Samantala, ayon naman sa isang statement ng National Union of Journalist of the Philippines (NUJP), tama lang na maglabas ng TRO ang Korte Suprema upang pigilan ang implementasyon ng Anti-Cybercrime Law na anila’y isang mapanupil na batas.

“It is the right thing and the very least that the High Court can do confronted with a blatantly unconstitutional and repressive law. BUT THE BATTLE TO DEFEND OUR BASIC RIGHTS IS FAR FROM OVER. The 120-day TRO gives a brief respite but the protests must continue.” (Roderic Mendoza/Ruth Navales, UNTV News)

Malacañang keeps distance from SC decision lifting TRO on Mamasapano trial

Maris Federez   •   August 7, 2019

The Office of the President has distanced itself from the Supreme Court (SC) decision that lifted the temporary restraining order (TRO) on the hearing of the case against former president Benigno Aquino III on the Mamasapano encounter.

Read: SC lifts TRO on Mamasapano trial at Sandiganbayan

Presidential spokesperson Salvador Panelo has refused to further comment on the issue as the palace would not want to be accused of meddling with the decision of the judiciary which is a co-equal branch of government.

“[W]e refuse to comment on the action undertaken by the Supreme Court, which belongs to a separate and independent branch of government from ours. We cannot and we do not intend to interfere with the functions of other branches which are distinct from the Executive,” Panelo said.

The palace, he added, would rather see the judicial process roll on its own accord.

“We will, as usual, let the law take its course,” Panelo said. (with details from Rosalie Coz) /mbmf

SC lifts TRO on Mamasapano trial at Sandiganbayan

Maris Federez   •   August 7, 2019

The Supreme Court has lifted the temporary restraining order (TRO) it had issued on the Mamasapano trial at the Sandiganbayan.

SC spokesperson Brian Keith Hosaka in a statement on Wednesday said that the justices have voted the lifting of the temporary restraining order during Tuesday’s en banc session.

“I would like to confirm that the Supreme Court has lifted the TRO on the Mamasapano trial before the Sandiganbayan,” Hosaka’s statement said.

“With the lifting of the TRO, the Sandiganbayan may now proceed with the trial and act on pending matters filed before it,” he added.

The decision is expected to pave the way for possible action on the withdrawal of the graft and usurpation of authority charges against former President Benigno Aquino III in connection with the Mamasapano clash that killed 44 Special Action Force (SAF) commandos on January 25, 2015. 

The charges were filed with the Sandiganbayan in November 2017 by then Ombudsman Conchita Carpio-Morales.

Charged with Aquino were former Philippine National Police chief Alan Purisima and former PNP-SAF director Getulio Napeñas, Jr.

Aquino was scheduled to be arraigned, but the SC issued a TRO that halted the proceedings in the case in February last year, acting on a petition by relatives of two of the slain elite policemen that Aquino be charged instead with reckless imprudence resulting in homicide.

In June this year, Ombudsman Samuel Martires moved to withdraw the graft and usurpation charges against the former president, saying he found no sufficient ground and evidence.

Martires, however, added that his decision was without prejudice to the filing of appropriate charges against the accused after the conduct of a preliminary investigation.

In July, Sandiganbayan, on the other hand, said the anti-graft court will wait for the SC to lift the TRO before it could act on the Ombudsman’s motion. (with details from Mai Bermudez) /mbmf

DOJ directs PNP-CIDG to provide complete address of respondents in sedition complaint

Maris Federez   •   July 24, 2019

The Department of Justice (DOJ) on Wednesday directed the Philippine National Police-Criminal Investigation and Detention Group (PNP-CIDG) to provide them complete information of those who were made respondents in the sedition complaint before the agency.

This, following the PNP-CIDG’s filing of complaint for sedition before the DOJ against Vice President Leni Robredo, Senators Leila de Lima and Risa Hontiveros, and former Senators Antonio Trillanes IV and Bam Aquino, in relation to the so-called Project Sodoma on Thursday (July 18).

The DOJ Panel of State Prosecutors who was tasked to conduct preliminary investigation on the complaint issued an order directing the PNP-CIDG to provide them with the complete addresses of the said respondents.

The Panel noted that the complaint filed before it does not state respondents’ complete addresses.

It added that the missing information has made it difficult for the Panel to cause service of the subpoena to respondents.

The complaints filed against the respondents were sedition, inciting to sedition, libel, cyber libel, estafa, harboring a criminal and obstruction of justice.

The respondents refuted the complaints with one of them even regarding the charges as “hogwash” and “a piece of trash”.   (with details from Mai Bermudez) /mbmf

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