DISINI v.

SECRETARY OF JUSTICE
G.R. No. 203335
DIGEST BY: Belle Cabal
Submitted: 24 September 2016

FACTS OF THE CASE

These consolidated petitions seek to declare several provisions of R.A. 10175,
known as The Cybercrime Prevention Act of 2012 unconstitutional and void. This
case holds a handful of petitions seeking the removal of different sections deemed
to be infringing on privacy rights and more.
For this instance, the focus is the creation of the “Cybercrime Investigation
and Coordinating Center” which, in the same breath, promulgates powers and
functions to the agents of the said center. “Petitioners mainly contend that
Congress invalidly delegated its power when it gave the Cybercrime Investigation
and Coordinating Center (CICC) the power to formulate a national cybersecurity
plan without any sufficient standards or parameters for it to follow.”

“Cybersecurity refers to the collection of tools, policies, risk management

approaches, actions, training, best practices, assurance and technologies that can
be used to protect cyber environment and organization and user’s assets. This
definition serves as the parameters within which CICC should work in formulating
the cybersecurity plan.”

ISSUE
 W/N The CICC is constitutional for it to operate under delegated powers by
Congress

HELD
 YES. “In order to determine whether there is undue delegation of legislative
power, the Court has adopted two tests: the completeness test and the
sufficient standard test. Under the first test, the law must be complete in all
its terms and conditions when it leaves the legislature such that when it
reaches the delegate, the only thing he will have to do is to enforce
it.1avvphi1 The second test mandates adequate guidelines or limitations in
the law to determine the boundaries of the delegate’s authority and prevent
the delegation from running riot.103

Here, the cybercrime law is complete in itself when it directed the CICC to
formulate and implement a national cybersecurity plan. Also, contrary to the
position of the petitioners, the law gave sufficient standards for the CICC to
follow when it provided a definition of cybersecurity.”

IMPORTANT LAWS/STATUTES/PROVISIONS/SECTIONS
R.A. 10175
Sec. 24. Cybercrime Investigation and Coordinating Center.– There is
hereby created, within thirty (30) days from the effectivity of this Act,
an inter-agency body to be known as the Cybercrime Investigation and
Coordinating Center (CICC), under the administrative supervision of the
 Office of the President, for policy coordination among concerned
agencies and for the formulation and enforcement of the national
cybersecurity plan.

Sec. 26. Powers and Functions.– The CICC shall have the following
powers and functions:

(a) To formulate a national cybersecurity plan and extend immediate

assistance of real time commission of cybercrime offenses through a
computer emergency response team (CERT); x x x.

 Art. 1, Sec. 6 PHILIPPINE CONSTITUTION

Sec 1. The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the
provision on initiative and referendum.