Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL eons

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
BAYAN MUNA Party-List Rep. CARLOS ISAGANI T. ZARATE,
Rep. FERDINAND GAITE and Rep. EUFEMIA C. CULLAMAT,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. SARAH JANE |. ELAGO

AN ACT
AMENDING REPUBLIC ACT 10175, OTHERWISE KNOWN AS THE “CYBERCRIME
PREVENTION ACT OF 2012”

EXPLANATORY NOTE

This bill proposes to remove from our statute books provisions of Republic Act
10175, or the Cybercrime Prevention Act of 2012, which endanger fundamental freedoms,
particularly the right to free speech.

First is the insertion of libel, a crime defined by Article 355 of the Revised Penal Code
(Act No. 3815, 8 December 1930). Due to the widely spreading view that it shackles free
expression and press, the trend internationally is the decriminalization of libel. The
Philippine Congress, however, reinforced the antiquated felony with a graver penalty. The
insertion is made more offensive because it happened during the proceedings of the
bicameral conference committee which consolidated the final versions of Senate Bill 2796
and House Bill 5808 approved by the two Houses in plenary during the 15" Congress.

'

Neither bill contained a provision on libel. Section 4(c)(4) is therefore an unlawful
provision as it escaped the scrutiny of Congress.

Next are Sections 6 and 7. The first provision qualifies as a graver crime any act
penalized by the RPC or any special law, assigning to it a penalty one degree higher than
that provided for by the RPC or the special law. However, persons committing crimes by,


through, and with the use of information and communications technologies have not been
established to have a greater criminal intent, warranting the higher penalty. Worse, the
accused will be subjected to double jeopardy through the application of Section 7.

Last is Section 19 is a censorship clause, which allows the Justice Secretary to restrict
or block access to computer data such as a website or account upon mere prima facie
evidence of cyber-libel or any other violation of RA 10175. This violates the rights to free
expression and due process guaranteed by the Bill of Rights. A mere executive official—not
a judge—is empowered to take away one’s access to his or her computer data upon a
passing examination.

This bill also seeks to amend Section 12 which authorizes real-time collection by law
enforcement authorities of traffic data without a court warrant. This is an unreasonable
seizure of personal information such as one’s address, phone number, and bank account
numbers, and an unacceptable intrusion into privacy of communication highly proscribed by
the Constitution. Such great power over the said rights of the people requires the authority
of the courts.

These contentious provisions of RA 10175 cast a chilling effect over the exercise of
free online expression. They bring back the days of Martial Law when being critical,
especially of public officials, is a crime and arbitrary law enforcement is the general rule
rather than the exception. For any repressive state official or regime, no actual prosecution
under RA 10175 is necessary. Just the threat of prosecution is enough to curtail criticism,
analysis, even simple thought. The slightest hint of dissent would trigger the suppression of
free speech and an invasion of privacy.

Approval of this bill is earnestly sought.

fep. FERDINAND GAITE

BAYAN MUNA Party-List BAYAN MUNA Party-List
ec
Rep. EUFEMIA C. CULLAMAT Rep. ARLENE D. BROSAS
BAYAN MUNA Party-List GABRIELA Women’s Party

Rep. SAB iE |. ELAGO
sapidireis



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _5672

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
BAYAN MUNA Party-List Rep. CARLOS ISAGANI T. ZARATE,
Rep. FERDINAND GAITE and Rep. EUFEMIA C. CULLAMAT,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. SARAH JANE |. ELAGO

AN ACT
AMENDING REPUBLIC ACT 10175,
OTHERWISE KNOWN AS THE “CYBERCRIME PREVENTION ACT OF 2012”

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. The following provisions of Republic Act 10175 or the “Cybercrime Prevention
Act of 2012” are hereby repealed:

SEC. 4(c)(4). Libel. — The unlawful or prohibited acts of libel as defined in Article 355
of the Revised Penal Code, as amended, committed through a computer system or
any other similar means which may be devised in the future.

SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and
special laws, if committed by, through and with the use of information and
communications technologies shall be covered by the relevant provisions of this

Act: Provided, That the penalty to be imposed shall be one (1) degree higher than
that provided for by the Revised Penal Code, as amended, and special laws, as the
case may be. :

SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without
prejudice to any liability for violation of any provision of the Revised Penal Code, as
amended, or special laws.


SEC. 19. Restricting or Blocking Access to Computer Data. — When a computer data
is prima facie found to be in violation of the provisions of this Act, the DO) shall issue
an order to restrict or block access to such computer data.

SECTION 2. The following provisions of Republic Act 10175 are hereby amended as follows:

SEC. 12. Real-Time Collection of Traffic Data. — Law enforcement authorities, with
due cause, AND UPON SECURING A COURT WARRANT, shall be authorized to collect
or record by technical or electronic means traffic data in real-time associated with
specified communications transmitted by means of a computer system.

XXX

All other data to be collected or seized or disclosed [will] SHALL LIKEWISE require a
court warrant.

SECTION 3. All laws, decrees, resolutions, orders, or ordinances or parts thereof
inconsistent with this Act are hereby repealed, amended or modified accordingly.

SECTION 4. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or one (1) newspaper of general circulation.

Approved,