REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 8, MANILA
Contact Nos. 86-598-897 / (0967) 365-1943; email: rte I mnl008@judiciary.gov.ph

RE: APPLICATION FOR THE

ISSUANCE OF WARRANT TO
DISCLOSE COMPUTER DATA
(WDCD) DIRECTING FACEBOOK
FOR THE DISCLOSURE OF
COMPUTER DATA UNDER
SECTION 14 OF REPUBLIC ACT
10175 OR THE CYBERCRIME
PREVENTION ACT OF 2021 WDCD CASE NO. 21-31427

CYBERCRIME INVESTIGATION
AND COORDINATING CENTER
represented by CEZAR 0.
MANCAO II, Executive Director

x---------------------------------------------------------x

MOTION FOR PARTIAL RECONSIDERATION WITH

CLARIFICATION

Applicant, by the undersigned Counsel, unto the Honorable Court

most respectfully states the following:

1. The undersigned Executive Director received the order of this

Honorable Court partially granting the Motion of Time with
Amendment yesterday, August 5, 2021;

2. The said order grants the undersigned an additional ten (10)

days, or until 05 August 2021, to effect the Warrant to Disclose
Computer Data (WDCD).

3. As a backgrounder, on July 22, 2021, Atty. Rexford P. Ramos,

Deputy Chief for Legal of Cybercrime Investigation and
Coordinating Center submitted to this Honorable Court a Motion
for Extension of time.

4. Considering the importance of such motion for extension, on

July 23, 2021, Atty. Ramos inquired through SMS message to
one of the staff of the court whether there will be a hearing on
the said motion. The staff of the court reply that “Your motion po
is still with the presiding Judge, we will just inform you of there is
already instructions from her”.

5. On July 26, 2021, an electronic email from RTC Manila Branch

08 was sent to Atty. Ramos saying “This is in reference to the
Motion for Extension of Time that you filed. It appears that the
motion received by the court is filed by the applicant’s counsel.
Particularly, the motion indicates the following: “applicant, by the
 undersigned counsel….”. Also, the same was signed by the
counsel himself. Please refile the motion in the name of and
signed by the applicant of WDCD since the application was filed
and signed in his name and not the counsel”.

6. In compliance with the directive relative to refile an amended

Motion for Extension, on July 26, 2021 at 5:34 PM, the
undersigned submitted through electronic email, the Motion for
Extension of Time with Amendments signed by the applicant of
WDCD and on July 27, 2021, the undersigned submitted a hard
copy of the Motion to this Honorable Court.

7. On the same day, at around 11:05 AM, Atty. Rexford P. Ramos,

Deputy Chief for Legal Division, made an inquiry thru SMS
message to one of the staff of the court, if there will be a hearing
on the motion, but there was no answer.

8. On July 28, 2021, the undersigned thru Mr. Ralph Ali Honasan
went to the office of the Honorable Court to follow up the order
and was advised by one of the employees of the court that the
Motion was still with the Honorable Judge and the court will
inform the applicant if there was already an order issued by the
Honorable Judge.

9. Equally important to note is the fact that the two (2) divisions of
the office of Cybercrime Investigation and Coordinating Center
went on 14 days’ lockdown since a few of its employees had been
infected with the Covid-19 virus.

10. On August 05, 2021, at 10:20 AM, Atty. Ramos, through SMS
message, ask the honorable court regarding the status of the
Motion submitted last July 26, 2021, and at 10:32 am of the
same day, Atty. Ramos requested the status of the same through
an electronic email to this Honorable Court.

11. At 3:32 in the afternoon of August 5, 2021, the Atty. Ramos

received an email response from the court’s staff stating that the
Motion for Extension was already resolved by the Honorable
Court and even attached in the email copy of the aforesaid
resolution dated July 27, 2021.

12. While the undersigned appreciating the favorable resolution of

the Honorable Court with respect to our prayer for the extension
of the Warrant, however, the equally important prayer for the
amendment of the Warrant insofar as to the address of the
Facebook is concerned was denied.

13. Thus, the undersigned is most respectfully requesting partial

reconsideration to the Resolution dated July 27, 2021, which
was received on August 5, 2021

14. In support of the foregoing motion for partial reconsideration,

it is humbly submitted that under Facebook, Inc. Information for
Law Enforcement Authorities stating the steps on how to request
for preservation of data and the mailing address of Facebook, Inc
https://www.facebooj.com/safety/groups/law/guidelines/, the
mailing address of Facebook relative to any request to be made
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 by any law enforcer should be at 1601 Willow Road, Menlo
Park CA 94025. Printed screenshot of said Facebook Law
Enforcement Online Request System is hereto attached as Annex
“A”.

15. Equally important for the Honorable Court to consider are

grounds manifested by the undersigned in his Motion for
Extension with Amendment. As asserted, DOJ-OOC, is the
Central Authority in all matters related to international mutual
assistance and extradition.

16. Said office of the DOJ is the competent authority of the

Republic of the Philippines in representing our government in
international relations. As such, when the said Office, thru State
Counsel Angeline Medina, enlightened the undersigned of the
imperative need to amend the address of the Facebook in order
properly effect the Warrant issued by the Honorable Court.

17. State Counsel Medina even pointed out and expressed that if
the said warrant will not be amended, the Order for the
disclosure to Facebook, based on the established international
practice, cannot be enforced.

18. According, the undersigned pleads to the Honorable Court to

reconsider the Order dated August 5, 2021 and that a new Order
be issued amending the address of the Facebook as indicated in
the Warrant from 9 Straits View, Marina One, Singapore to
1601 Willow Road, Menio Park CA 94025.

19. Likewise, and as mentioned earlier, the undersigned refrained

from effecting the Order of disclosure during the period that the
Motion for Extension was still under the consideration of the
Honorable Court.

20. Sadly, while the court granted the motion for extension just
one (1) day after the same was filed by the undersigned, the
Order granting the same was communicated only on the last
hour of its effectivity or on 3:32 in the afternoon of August 5,
2021.

21. Based on the foregoing condition and the prevailing

declaration placing the National Capital Region under Enhance
Community Quarantine until August 20, 2021, it would be
impossible for the undersigned to issue the Order of disclosure,
communicate the same to the DOJ-OOC, and for DOJ-OOC to
relay the matter to its international counterpart.

22. Thus, the undersigned Executive Director respectfully request

for clarification whether the additional ten (10) days within
which to effect the Order and submit the required return is to be
reckoned on the date of the receipt of the subject Order or after
expiration of the ECQ, which is on August 20, 2021.

23. This Motion is not intended for delay but solely due to the

foregoing reasons. Moreover, the rights of the subjects of herein
WARRANT (Facebook and Marco Balbuena) will not be injured of
this fair and reasonable motion.
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 PRAYER

24. WHEREFORE, in the interest of justice and for the legal and
factual reasons cited hereinabove, Applicant most respectfully
prays of this Honorable Court that after due consideration, an
Order be issued clarifying the reckoning of the additional ten
(10) days within which to effect the Order dated August 5, 2021.
Additionally, that the partial reconsideration be granted, thus,
amending the Warrant to indicate that the address of Facebook
is at 1601 Willow Road, Menio Park CA 94025.
the order to be issued granting the AMENDMENT of herein address.

Filed in the City of Manila, August 6, 2021.

CEZAR O. MANCAO II
Executive Director
Cybercrime Investigation and Coordinating Center

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