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Filipino bloggers' petition vs Republic Act No. 10175

Filipino bloggers' petition vs Republic Act No. 10175

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Published by Oliver Robillo
This is the full text of a petition filed by Filipino netizens before the Supreme Court, naming President Aquino et al as respondents. The petition is asking the high tribunal to nullify unconstitutional provisions in the Cybercrime Prevention Act of 2012.
This is the full text of a petition filed by Filipino netizens before the Supreme Court, naming President Aquino et al as respondents. The petition is asking the high tribunal to nullify unconstitutional provisions in the Cybercrime Prevention Act of 2012.

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Published by: Oliver Robillo on Oct 04, 2012
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10/04/2012

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REPUBLIC OF THE PHILIPPINES
SUPREME COURT
MANILA
 
ANTHONY IAN M. CRUZ; MARCELO R.LANDICHO; BENJAMIN NOEL A. ESPINA;MARCK RONALD C. RIMORIN; JULIUS D.ROCAS; OLIVER RICHARD V. ROBILLO;AARON ERICK A. LOZADA; GERARDADRIAN P. MAGNAYE
;
JOSE REGINALDA. RAMOS; MA. ROSARIO T. JUAN;BRENDALYN P. RAMIREZ; MAUREEN A.HERMITANIO; KRISTINE JOY S.REMENTILLA; MARICEL O. GRAY; JULIUSIVAN F. CABIGON; BENRALPH S. YU;CEBU BLOGGERS SOCIETY, INC.PRESIDENT RUBEN B. LICERA JR.; andPINOY EXPAT/OFW BLOG AWARDS, INC.COORDINATOR PEDRO E. RAHON;
Petitioners,- versus -
G.R. No. __________________ 
Certiorari & Prohibition [WithApplication for the Issuanceof a Temporary RestrainingOrder and/or Writ ofPreliminary Injunction]
HIS EXCELLENCY BENIGNO S. AQUINOIII, in his capacity as President of theRepublic of the Philippines; SENATE OFTHE PHILIPPINES, represented by HON.JUAN PONCE ENRILE, in his capacity asSenate President; HOUSE OFREPRESENTATIVES, represented byFELICIANO R. BELMONTE, JR., in hiscapacity as Speaker of the House ofRepresentatives; HON. PAQUITO N.OCHOA, JR., in his capacity asExecutive Secretary; HON. LEILA M. DELIMA, in her capacity as Secretary ofJustice; HON. LOUIS NAPOLEON C.CASAMBRE, in his capacity asExecutive Director, Information andCommunications Technology Office;HON. NONNATUS CAESAR R. ROJAS, inhis capacity as Director, NationalBureau of Investigation; and P/DGEN.NICANOR A. BARTOLOME
,
in hiscapacity as Chief, Philippine NationalPolice,
Respondents.
 x ------------------------------------------------------ x
 
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PETITION FOR CERTIORARI AND PROHIBITIONWITH APPLICATION FOR THE ISSUANCEOF A TEMPORARY RESTRAINING ORDERAND/OR WRIT OF PRELIMINARY INJUNCTION
Petitioners
ANTHONY IAN M. CRUZ; MARCELO R. LANDICHO;BENJAMIN NOEL A. ESPINA; MARCK RONALD C. RIMORIN; JULIUS D.ROCAS; OLIVER RICHARD V. ROBILLO; AARON ERICK A. LOZADA;GERARD ADRIAN P. MAGNAYE
;
JOSE REGINALD A. RAMOS; MA.ROSARIO T. JUAN; BRENDALYN P. RAMIREZ; MAUREEN A. HERMITANIO;KRISTINE JOY S. REMENTILLA; MARICEL O. GRAY; JULIUS IVAN F.CABIGON; BENRALPH S. YU; CEBU BLOGGERS SOCIETY, INC. PRESIDENTRUBEN B. LICERA JR.; and PINOY EXPAT/OFW BLOG AWARDS, INC.COORDINATOR PEDRO E. RAHON
(“Petitioners”), by counsel, andunto the Honorable Court, respectfully state:
 PREFATORY
Bloggers and netizens – citizens who have and who activelyuse their internet access – raise the alarm over a newly-signed andnewly-enacted law violating their individual and collective rights,and destroys the idea and reality of the Internet as an open publicforum and marketplace of ideas.Inasmuch as they are concerned by the new law’s manyviolations of their fundamental and constitutional rights asindividuals, they toll the bells now over the clear and presentdangers Republic Act No. 10175, otherwise known as theCybercrime Prevention Act of 2012 (“Cybercrime Prevention Act”),
 
3
pose on the internet as a platform for close to one-third of thepopulation. The internet is where they could discuss issues andconcerns, respond during disasters and crises, demandimprovements in various aspects of national life and, mostimportantly, to speak truth to power.Before, citizens solely depended on newspapers, periodicals,radio, and televisions to exercise their fundamental andconstitutional rights to free expression, to redress of grievances andeven to assembly and association. Today, the internet and evenmobile phones have become the platform and mediums of citizensthemselves from which they exercise their rights.In fact, Filipinos have excelled in internet use and earned for the Philippines the new monicker “social media capital of theworld”.To the complete shock of citizens, the Government adopted anew law that involves spying on citizens, seizure without probablecause, prior restraint, subsequent punishment, and other actsprohibited under the Constitution.Thus, in light of this grave context, conferred upon theJudiciary is the ponderous duty to rein in the Legislative andExecutive Branches of Government to their own allocated placesunder the Constitution. In the landmark case of
Marbury v. Madison
,
 
5 U.S. 137 (1803), the United States Supreme Court enunciated theprinciple of judicial review, thus: "It is emphatically the province andduty of the judicial department to say what the law is."

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