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G.R. No. 203335
k. Section 15 that authorizes the search, seizure, and examination of computer data under a
courtissued warrant;
l. Section 17 that authorizes the destruction of previously preserved computer data after the
expiration of the prescribed holding periods;
m. Section 20 that penalizes obstruction of justice in relation to cybercrime investigations;
n. Section 24 that establishes a Cybercrime Investigation and Coordinating Center (CICC);
o. Section 26(a) that defines the CICC’s Powers and Functions; and
p. Articles 353, 354, 361, and 362 of the Revised Penal Code that penalizes libel.
Further, the Court DECLARES:
1. Section 4(c)(4) that penalizes online libel as VALID and CONSTITUTIONAL with respect to the original
author of the post; but VOID and UNCONSTITUTIONAL with respect to others who simply receive the post
and react to it; and
2. Section 5 that penalizes aiding or abetting and attempt in the commission of cybercrimes as VA L I D and
CONSTITUTIONAL only in relation to Section 4(a)(1) on Illegal Access, Section 4(a)(2) on Illegal Interception,
Section 4(a)(3) on Data Interference, Section 4(a)(4) on System
Interference, Section 4(a)(5) on Misuse of Devices, Section 4(a)(6) on Cybersquatting, Section 4(b)(1) on
Computerrelated Forgery, Section 4(b)(2) on Computerrelated Fraud, Section 4(b)(3) on Computerrelated Identity
Theft, and Section 4(c)(1) on Cybersex; but VOID and UNCONSTITUTIONAL with respect to Sections 4(c)(2) on
Child Pornography, 4(c)(3) on Unsolicited Commercial Communications, and 4(c)(4) on online Libel.
1âwphi1
Lastly, the Court RESOLVES to LEAVE THE DETERMINATION of the correct application of Section 7 that
authorizes prosecution of the offender under both the Revised Penal Code and Republic Act 10175 to actual cases,
WITH THE EXCEPTION of the crimes of:
1. Online libel as to which, charging the offender under both Section 4(c)(4) of Republic Act 10175 and Article
353 of the Revised Penal Code constitutes a violation of the proscription against double jeopardy; as well as
2. Child pornography committed online as to which, charging the offender under both Section 4(c)(2) of
Republic Act 10175 and Republic Act 9775 or the AntiChild Pornography Act of 2009 also constitutes a
violation of the same proscription, and, in respect to these, is VOID and UNCONSTITUTIONAL.
SO ORDERED.
ROBERTO A. ABAD
Associate Justice
WE CONCUR:
See Concurring & Dissenting Opinion
MARIA LOURDES P. A. SERENO
Chief Justice
See Concurring & Dissenting Opinion
ANTONIO T. CARPIO
Associate Justice
(no part due to prior case)
*
PRESBITERO J. VELASCO, JR.
Associate Justice
TERESITA J. LEONARDODE CASTRO
Associate Justice
See Separate Concurring Opinion
ARTURO D. BRION
Associate Justice
DIOSDADO M. PERALTA
Associate Justice
LUCAS P. BERSAMIN
Associate Justice
MARIANO C. DEL CASTILLO
Associate Justice
MARTIN S. VILLARAMA, JR.
Associate Justice
JOSE PORTUGAL PEREZ
Associate Justice
I join Justice Brion in all his positions
JOSE CATRAL MENDOZA
Associate Justice
BIENVENIDO L. REYES
Associate Justice
No Part
*
ESTELA M. PERLASBERNABE
Associate Justice
See separate dissenting and concurring opinion
MARVIC MARIO VICTOR F. LEONEN
Associate Justice
C E R T I F I C A T I O N
Pursuant to Section 13, Article VIII of the Constitution, it is hereby certified that the conclusions in the above
Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court.
MARIA LOURDES P.A. SERENO
Chief Justice
Footnotes
*
No part.
1
The US Supreme Court first suggested the standard by implication in footnote 4 of United States v. Carolene
Products (304 U.S. 144, 152 n.4 (1938). See Fatal in Theory and Strict in Fact: An Empirical Analysis of Strict
Scrutiny in the Federal Courts. Winkler, A. UCLA School of Law, Public Law & Legal Theory Research Paper
Series, Research Paper No. 0614, http://ssrn.com/abstract=897360 (last accessed April 10, 2013).
2
Serrano v. Gallant Maritime Services, Inc., G.R. No. 167614, March 24, 2009, 582 SCRA 254, 278.
https://lawphil.net/judjuris/juri2014/feb2014/gr_203335_2014.html
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