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AHRC Petition for Certiorari - RA 10175

AHRC Petition for Certiorari - RA 10175

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Published by Kris Merginio

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Published by: Kris Merginio on Oct 03, 2012
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08/27/2014

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SUPREME COURTPADRE FAURAMANILAMELENCIO S.STA.MARIA, SEDFREY M.CANDELARIA, AMPARITA STA. MARIA,RAY PAOLO J. SANTIAGO, GILBERT V.SEMBRANO, and RYAN JEREMIAH D.QUAN, (all of the Ateneo Human RightsCenter)Petitioners
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versus G.R. 203440HONORABLE PAQUITO OCHOA in hiscapacity as Executive Secretary,HONORABLE LEILA DE LIMA in hercapacity as Secretary of Justice,HONORABLE MANUEL ROXAS in hiscapacity as Secretary of the Department of Interior and Local Government, TheCHIEF of the Philippine National Police,The DIRECTOR of the National Bureau of Investigation ( all of the ExecutiveDepartment of Government)Respondents
X------------------------------------------------------------------X
PETITION FOR CERTIORARI
Petitioners, by undersigned counsel, to this most Honorable Supreme Courtrespectfully state:
PREFATORY STATEMENT
“Experience should teach us to be most on our guard toprotect liberty when the government’s purposes arebeneficient. Men born to freedom are naturally alert to
 
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repel invasion of their liberty by evil-minded rulers.
Thegreatest dangers to liberty lurk in insidiousencroachment by men of zeal, well-meaning
but withoutunderstanding.” 
(Justice Louis D. Brandeis)This Petition assails in the strongest terms imaginable what a majority inCongress (House of Representatives and Senate) has drafted and what theExecutive, through President Benigno Aquino III, has signed into law. Petitionershumbly come before this august body and most respectfully pray that its HonorableMembers, acting collectively as the third great branch of government, exercisetheir constitutional duty to unanimously CHECK the unconstitutional acts of Congress and the Presidency.This is a case of transcendental importance, a first of its kind in our history.This will herald the entry of this Honorable Supreme Court into a world of cybercommunication that is perpetually active, global and free. According to the 2011Southeast Asia Digital Consumer Report,
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thirty-three percent (33%) of Filipinoshave accessed the internet within the twelve-month period, translating to aboutthirty-one million (31,000,000) users. There are multi-millions more in other partsof the world, regardless of race, religion, culture and background, knowingly ornot, who will be affected by the assailed law and, eventually, by the decision othis Honorable Supreme Court.As the assailed law will immediately impact on the rights of every Filipinoon the Internet – ourselves, our spouses, our children, our parents, our employers,our workers, our traders, our teachers and students there is urgency in thispetition. At the same time, there is urgent need, as well as wisdom,
tounderstanding how the Internet is expanding and evolving our very concepts of  free expression.
The world has changed and is changing. It has become smaller.Communications have grown faster and more direct. Thanks to the Internet, people
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http://www.slideshare.net/truongbang/south-east-asia-sea-digital-consumer-report-2011
 
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now have direct access to a platform that allows them to communicate with friendsand strangers all at once, at the literal click of a button. As one famous bloggerand perceptive journalist, Jessica Zafra,
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Whenever something unpleasant happens, be it a terrible meal atan overpriced restaurant or a traffic altercation or the sight of agrown man threatening his son’s classmate or a public officialdemanding a bribe, we report it on social media and blogs. They'refree, they're fast, they get the word out before the traditional mediadoes. Newspapers and television networks get information fromonline media…..We are, in effect, our very own print andbroadcast networks. Everyone's a media mogul.
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Communications - messages, ideas, images (whether still or moving), sound- nowadays come in various forms. They can be short or long. They can be madeup of whole documents, essays, paragraphs, or even cryptic sentences made up of no more than 140 characters, with no standard whatsoever as to grammar orspelling. Some messages nowadays do not even contain letters. So-called“emoticons” convey a range of emotions without a single character of the alphabetused as an actual letter. For example, consider these emoticons for:Happiness - :)Sadness/Displeasure - :(Love - <3Coolness - \m/ For the generations born into these times – or yet not too late to embrace itsways – language, terms, symbols, and speed for conveying have all evolved andcontinue to evolve, literally on a day-to-day, hour-to-hour, minute-by-minute basis.Communication is changing, in fact, with every new message.On the popular social networking site Twitter, because of an imposed rulefor brevity – one can only send messages no more than 140 characters in length –new users would find many of the posts perplexing and cryptic. But more seasoned
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Jessica Zafra of Interaksyon.com ( News Portal Tv5 in the internet) in her article , “ The Cybercrime Law: TheReturn of the Thought Police”http://www.interaksyon.com/article/44057/jessica-zafra--the-cybercrime-law-the-return-of-the-thought-police
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Jessica Zafra of Interaksyon.com (News Portal Tv5 in the internet) in her article, “The Cybercrime Law: TheReturn of the Thought Police”http://www.interaksyon.com/article/44057/jessica-zafra--the-cybercrime-law-the-return-of-the-thought-police

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