My Two Cents Worth: The New Cybercrime Law is a Virtually Illicit Act

I am sorry, but being passive/apathetic/safe silence is a far more unfortunate fate than dying after you take a stand and fight for a good cause.

The Internet is a doubled-bladed sword, which could be beneficial, on one hand; and harmful, on the other hand. The Internet has become a very powerful tool in making our lives better and easier in many aspects. Yet, it has also caused destruction and damages to many.

Hence, it is but right for the government to regulate, through its police power, our utilization of the Internet and the computer devices.

Recalling the things I learned from my Constitutional Law subjects, police power is the power of promoting the public welfare by restraining and regulating the use of liberty and property.

Did I miss saying PROMOTING THE PUBLIC WELFARE?

Cybercrime laws regulating the people’s activities using the Internet across the cyberspace could be beneficial and valuable if they truly mean to protect the rights of the people, promote the people’s interests for the good of most, provide safety, improve morals, and provide and/or improve exchange of or access to information in furtherance of the public weal.

It is important to note that the Cybercrime Prevention Act (RA 10175) is a special penal law, ergo it is a law malum prohibitum (wrong because prohibited, like anti-wire tapping, anti violence against women and children, anti-hazing) as opposed to law malum in se (wrong because evil in itself, like those enumerated in the Revised Penal Code to wit murder, robbery, bribery).

For cases mala prohibita, there need not be criminal mind or bad faith or bad intention in order for one to be arrested. It is enough that one perpetuated the act prohibited.

Since Unsolicited Commercial Communication is prohibited by RA 10175, then sending Facebook Messages advertising/offering products and services to a person who is irritable at the moment and has no money, can use your act to your disadvantage, or you can already sue big companies for sending you unsolicited marketing campaigns. (Yay for the professional victims! They can make more money!)

Morover, since Libel is defined by law as a “public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead” and since RA 10175 also punishes any person willfully abetting or aiding the commission of any offense enumerated by said Act, then retweeting or reposting “unlikely” messages or simply liking them may already constitute a crime.

I am sorry, but being passive/apathetic/safe silence is a far more unfortunate fate than dying after you take a stand and fight for a good cause.

Section 19 of the Act deserves a good attention as this violates the fundamental right of every person against unreasonable searches and seizures (Section 2, Article III, Consti.).

I believe the sections under the Bill of Rights are the limitations to the power of the government and the safeguard of the people’s civil and political rights, which include:

1.       Right to due process and equal protection

2.       Prohibition against unreasonable searches and seizures

3.       Freedom of expression

4.       Impairment clause

5.       Guarantees against injustice to the accused

As my professor pointed out, laws enumerated under the Bill of Rights are self-executing, meaning by themselves they are directly or indirectly applicable without the need of statutory implementation.

So what does this Section 19 of the Cybercrime law do now?

Without court order the DOJ can just order to restrict or block access to your computer and compel you to stop publishing your posts? Where then is the separation of powers between the executive body (DOJ) and the judiciary (court)? I thought the present Constitution sought to strengthen the power of the judiciary and to lessen the power of the executive to correct the bad experiences under the Marcos authoritarianism.

It is ironic that the Cybercrime Law which is supposed to protect the people and promote the common good is clearly violating the supreme law, which is the Constitution. But more than ironic, it is funny that some of our legislators who are supposed to represent the people and pass laws which are supposed to promote the welfare of the people don’t do what they are supposed to do and worse, don’t know what they are doing and the implications of their actions and omissions.

Am I ranting? Yes I am ranting now… I thought this would just be a Facebook Note, now this seems to be short story.

Four things:

1.       For the people, dura lex sed lex— literally, “the law is harsh, but it is the law” that even draconian laws must be enforced and followed. BUT, if anyone disagrees, one must seek to change the law.

2.       For the people, mala prohibita— these are special penal laws that the mere perpetration of the act prohibited already constitutes a crime. So the nobility of intention is insufficient to validate the act.

3.       For some legislators, salus populi est suprema lex— literally, “welfare of the people is the supreme law” so please, make Sotto este make sure to review the Constitution.

4.       For some legislators, Republican purpose is the promotion of the common welfare according to the will of the people you represent and not according to your personal vested interests. “The Philippines is a Democratic and Republican State. Sovereignty resides in the people and all government authority emanates from them.” (Section 1, Article II, Constitution)

My knowledge of the law is still scanty, but when I looked through the new law, which takes effect today, I felt small for some of the legislators. I am only an ordinary citizen, but commit to respect and follow law. So I hope the legislators know what they’re doing and uphold the mandate that the State gives them—PROMOTE THE WELFARE of the people.

PS: If I go to jail because of this, feel free to visit me :-)

Through the Lens of an Eagle

We don’t have to experience unfortunate events just for us to learn. Like an eagle, let us be vigilant and alert. Like an eagle let us be wise, soar above the storm of dangers and evils, and get a bird’s-eye view of what’s happening to others or what we hear from the news or what we read in the dailies and learn from them. Practice them.

With the recent crime incidents in the place where I spent my undergrad, now I feel like an eagle soaring through the field where the wild animals unexpectedly and bestially attack their preys.

On one hand, I am like an eagle able to ward off the hunters and just now observing the incidents from up above. On the other hand, I am still like any other bird that no matter how high I soar, I am still in danger of being picked on.

In a matter of five months, three grave felonies had been perpetrated upon promising students in my alma mater, to wit: robbery with homicide, wherein the victim had also been raped (Oct.2011); rape, wherein the minor victim had been raped to death by about five men (Feb. 2012); and attempted robbery and homicide, wherein the offenders, who failed to take money from the graduating student, took his life instead (Mar. 2012). Moreover, in the law school I am studying now, a freshman student also died due to hazing (Feb. 2012).

What rubs salt in a wound in my heart is the fact that the minor who had been raped was one of our Sampaguita vendor friends.

It broke my heart after knowing it was Cesil who had been raped and killed. Cecil was not a student at UP. She was a sampaguita vendor in the campus since she was a very young kid. Selling sampaguita sent her to school.


Cesil was the first kid I thought of when I heard the news, and I hoped so badly that it weren't her. Sadly, it was Cesil—the cute, timid, hardworking, sweet little girl selling sampaguita until 11pm just to go to school.


I suddenly remember the times they sang over the phone for my friend when I was asking for an apology, the times when she and Gerry would suddenly sit on my lap and tell me “ate wag maninigarilyo ibili mo na lang ng sampaguita okaya bilhan mo kami ng turon”, and the times when the sleepy Cesil would meet us by the steps of our school building and ask us to buy her sampaguita so she could already go home, and my last Christmas break and birthday when I bought food and shared with the sampaguita kids.

I believe it is important to stress the common knowledge that peril is ubiquitous, so we must really be vigilant, extra careful, and wise enough not to wear or bring things that will catch thug’s attention.

Last September an outlaw was able to open the door of the cab I was in when the traffic light turned red. He tried to grab my phone and threatened me that he would shoot me if I would not give to him my phone. Instinctively, I threw the phone on the side of the cab driver. He kept on threatening me that he would shoot me, we were just a foot or two apart. I prayed as I haggled to him. Saying a short prayer gave me presence of mind. Thank God seconds before the light turned green he left already.

Just last month, a thief got all our phones at home. I reported it to our building manager and to the police right away. Thinking about what happened, I am grateful my brother and I were safe, weren't hurt, and we don't have to resort to stealing just to get through the day. Perhaps, I will be receiving something better as a replacement—phone or something else. The thief may have benefited from his take-away, I don't know his needs at the moment... But I am sure, I will receive something better than what has been taken away!  I thank the Lord I don't have to beg or steal and for making me unworried about the mundane.

Law-breaking now happens inside or outside the house. Make sure you always have someone or something to aid you defend yourself. But it is always best to:

When at home:

         1.      Lock your doors, even just the grills or screen doors

         2.      Never open the door until you positively identify the person outside. Do not let stranger come in, especially if you’re alone. Courteously tell him to wait outside, and call up a guard or a nearby friend.

         3.      Have emergency numbers on your phone and post a list on the visible area in the house
   4.      Make sure everybody is in the house before you go to sleep, especially the minors. If someone of age is out, tell him to call up before going home and when he is near—not when he is standing alone by the doorstep.

         5.      Keep outside well-lit

         6.      Make sure you keep clubs or anything that you can use to defend you

         7.      Keep your composure and don’t show your fear

When outside the house:

         1.      Never wear nor bring things that are “hot” in the eyes of outlaws

         2.      Make sure you just bring enough cash for transpo and a little extra

         3.      As much as possible, have a companion or have a pepperspray (there are those which   look like a keychain, attach it in your bag’s clasp)

         4.      If someone grabs your bag, let go of it. Your safety is more important than your belongings (refer to No.1)

         5.      Regularly change your routes

         6.      If you’re alone, walk in well-lit and visible or busy area and don’t take short cuts

         7.      Make sure you know where you are going and never ask strangers, only true policemen

         8.      Exude confidence—walk tall and project like you know where you are going

         9.      Don’t be sympathetic to suspicious behavior

          10.  Never walk with earphones on your ears

       11.  Hold your bag tightly on your shoulder pointing to the sidewalk

       12.  Carry your bag close to you, with the clasp facing inwards, and pull in front

       13.  Check your things before leaving a place and make sure bags are zipped up

       14.  While walking, look at your shadow and the glasses you pass by

       15.  Always walk on the side opposite the flow of the traffic

       16.  If you think you’re being followed, cross the street. If you think you’re still being followed, confidently walk in a bit brisky manner across the street again. Then go directly to a public place or a crowd or a convenience store.

       17.  Don’t leave important documents and gadgets in your car

       18.  Make sure all doors are of your car are closed before rolling

       19.  Don’t hangout in your car for a long time

Many encounters with crooks are won even before they assault you through psywar. Maintain an eye contact and project that you’re not intimidated. Most likely they will back down since they know you are alert and you already recognize their faces. (Invoking Valid Self-defense)

We don’t have to experience unfortunate events just for us to learn. Like an eagle, let us be vigilant and alert. Like an eagle let us be wise, soar above the storms of dangers and evils, and get a bird’s-eye view of what’s happening to others or what we hear from the news or what we read in the dailies and learn from them. Practice them.

We don’t need to touch the boiling water in order to know it is hot nor dip in the icy water to know it is cold.

Be vigilant. Be prepared. Know the law and your rights. Pray for your safety.