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SC junks all motions for reconsiderations against Cybercrime ruling

/ 06:47 PM April 22, 2014

INQUIRER FILE PHOTO

MANILA, Philippines—The Supreme Court has junked all motions for reconsideration filed against its ruling upholding the legality of the key provisions of the Cybercrime Law.

“The Court denied all the motions for reconsideration filed against the Decision dated February 18, 2014,” spokesperson Ted Te said in a briefing on Tuesday.

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Te said the following maintained their dissent – Chief Justice Maria Lourdes Sereno, Senior Associate Justice Antonio Carpio, Associate Justices Arturo Brion, Jose Mendoza, and Marvic Leonen.

Meanwhile, Associate Justice Presbitero Velasco and Estela Perlas-Bernabe took no part.

On Feb. 18, the high court declared the online libel provision as constitutional, adding that only the author of the libellous post can be prosecuted.

Of the 19 questioned provisions, the court declared four unconstitutional: Sections 4(c)(3), which penalizes the posting of unsolicited commercial communications (or spam); Section 12, which authorizes the collection or recording of traffic data in real time; Section 19, which authorizes the DOJ to restrict or block access to suspected computer data; and Section 7 “as far as it authorizes the prosecution of an offender under online libel and libel under the Revised Penal Code (RPC) and also where it pertains to child pornography for being in violation of the prohibition against double jeopardy.”

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