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Petition.finalversion.9.28.12

Petition.finalversion.9.28.12

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Published by Harry Roque
petition for certiorari filed against cyber crimes prevention act
petition for certiorari filed against cyber crimes prevention act

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Published by: Harry Roque on Oct 01, 2012
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05/21/2013

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REPUBLIC OF THE PHILIPPINES
SUPREME COURT
MANILA
ALEXANDER ADONIS, ELLENTORDESILLAS, MA. GISELAORDENES-CASCOLAN, H.HARRY L. ROQUE, JR., ROMEL R.BAGARES, AND
 
GILBERT T.ANDRES,
Petitioners,
 -versus-G.R. No. _________For: Certiorari and Prohibition,with Prayer for a PreliminaryProhibitory Injunction and/ or Temporary Restraining Order
THE EXECUTIVE SECRETARY, THEDEPARTMENT OF BUDGET ANDMANAGEMENT, THE DEPARTMENTOF JUSTICE, THE DEPARTMENT OFTHE INTERIOR AND LOCALGOVERNMENT, THE NATIONALBUREAU OF INVESTIGATION, THEPHILIPPINE NATIONAL POLICE,AND THE INFORMATION ANDCOMMUNICATIONS TECHNOLOGOFFICE-DEPARTMENT OF SCIENCEAND TECHNOLOGY,
Respondents.
x--------------------------------------x
PETITION
 
FOR
C
ERTIORARI
 
AND
P
ROHIBITION
,
WITH
P
RAYER
 
FOR
 
THE
 
ISSUANCE
 
OF
 
A
 
WRIT
 
OF
P
ROHIBITORY 
I
NJUNCTION
 
AND
/
OR
 T
EMPORARY 
R
ESTRAINING
O
RDERNATURE
 
OF
 
THE
 
ACTION
 
 This is a Petition for Certiorari and Prohibition, with a Prayer for aPreliminary Prohibitory Injunction and/or a Temporary Restraining Order,asking the Honorable Court to declare that Republic Act No. 10175, orthe “Cybercrime Prevention Act of 2012, is unconstitutional.
 
Petitioners also ask the Honorable Court, pending a final resolutionon this Petition, to issue a preliminary prohibitory injunction and/or a Temporary Restraining Order, prohibiting the Public Respondents, andanyone acting under their authority, stead, or behalf, from implementingR.A. 10175.
TIMELINESS
 
OF
 
THE
 
PETITION
 
1)
On 12 September 2012, President Benigno Simeon Aquino IIIsigned REPULIC ACT NO. 10175 (“R.A. 10175”) or otherwise known as“C
 YBERCRIME
P
REVENTION
A
CT
 
OF
2012.
(A copy of RA 10175 is attached asANNEX A). On the same date, R.A. 10175 was published in the OfficialGazette.
2)
Under Section 31 of R.A. 10175, it shall take effect fifteen (15)days after the completion of its publication in the
Official Gazette.
Hence, R.A. 10175 took effect on 27 September 2012.3)Under Rule 65, Petitioners have sixty (60) days from 27September 2012, within which to file this Petition. Hence, Petitionershave until 26 November 2012 within which to file thisPetition. Petitioners therefore are filing the instant action on time. Thecorresponding docket and other lawful fees and deposit for costs arepaid simultaneously with the filing of this Petition.4)Petitioners respectfully submit that since R.A. 10175 is anofficial act of Congress, and of the Executive, it is subject to judicialnotice under Section 1, Rule 129 of the Rules of Court, such that there is
2
 
no need for the submission in the instant proceeding of a certified truecopy of R.A. 10175.
PARTIES
 
 The
Petitioners
are:
5)
ALEXANDER ADONIS,
is of 
 
legal age, Filipino c,a and abroadcast journalist currently based in General Santos City as ananchorman for
SocSarGen Broadcasting Network 
. In April 2007, whileworking as a commentator for the Davao City-based
Bombo Radyo
, hewas sentenced to four years and six months in prison in a libel case filedagainst him by then Davao representative (and later Speaker of theHouse) Prospero Nograles.Nograles brought the suit against Adonis in 2001
 
over a report by theradio broadcaster which alleged, citing newspaper reports, that thecongressman was seen running naked in a Manila Hotel shortly after thehusband of a woman he was allegedly having an affair with caught themin bed. While serving time, Adonis became the author of aCommunication filed before the Human Rights Committee entitled
 Alexander Adonis v. The Philippines
and denoted as Communication No.1815/2008, in which he questioned his imprisonment for libel as aviolation of his right to free expression. Subsequently, the UN HumanRights Committee would issue a View in his case, where theinternational rights body declared that criminal libel in the Philippinesconflicts with the country’s obligations under Art. 19 of the InternationalCovenant on Civil and Political Rights (ICCPR).
3

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