03/02/2020 G.R. No. 203335 k. Section 15 that authorizes the search, seizure, and examination of computer data under a court-issued 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 Cyber-squatting, Section 4(b)(1) on Computer-related Forgery, Section 4(b)(2) on Computer-related Fraud, Section 4(b)(3) on Computer-related 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 Anti-Child 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. LEONARDO-DE 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. PERLAS-BERNABE* Associate Justice See separate dissenting and concurring opinion MARVIC MARIO VICTOR F. LEONEN Associate Justice CERTIFICATION 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. 06-14, 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 16/19