Tuesday, January 31, 2012

Guingona: Cybercrime Prevention Act of 2012,'Unconstitutional'

Cybercrime Act of 2012
PH Senator Teofisto Guingona III voted against the approval of Senate Bill 2796, otherwise known as Cybercrime Prevention Act of 2012, Monday..

His objection is on the bill's definition of cybersex that says: "the willful engagement, maintenance, control, or operation, directly or indirectly, or any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration."

And this is a morality issue, pointed out Guingona. "No one has the right to say what is moral and what is immoral," he said.

"I vote against this because it has a prior restraint on freedom of expression, freedom of speech. This is unconstitutional," Guingona said in a news.

Nevertheless, Cybercrime Prevention Act of 2012 is now approved in a third and final reading by the 13 Senators on Monday, except Senator Guingona.

Any Internet-related crimes such as fraud, hacking, and cybersex could now be investigated and the culprits would be prosecuted according to its provisions.

Cybercrimes are classified into three offenses such as:

A. Offenses against the confidentiality, integrity and availability of computer data and systems (illegal access, illegal interception, data interference, system interference, cyber-squatting, misuse of devices)

B. Computer-related offenses (computer-related forgery, computer-related fraud)

Content-related offenses (cybersex, child pornography, unsolicited commercial communications, libel)

Any person found guilty of the acts in A and B shall be punished with imprisonment of prision mayor (imprisonment from six to 12 years) or a fine of at least P200,000 or an amount depending on the damage caused or both depending on the court.

On cyber-squatting, the penalty is imprisonment of prision mayor of a fine not more than P500,000 (or both).

In unsolicited commercial communications, the penalty is arresto mayor (imprisonment from one month to six months) or a fine of at least P50,000 but not more than P250,000 (or both).

In cybersex, the penalty is imprisonment of prision mayor or a fine of at least P200,00 but not more than P1 million (r both).

While in child pornography, the guilty shall be punished according to Republic Act 9775 or the Anti-Child Pornography Act of 2009.

Moreover those who aid in the commission of any acts listed shall likewise be punished with imprisonment one degree lower than that of the main perpetrator of the offense or a penalty of at least P100,000 but not more than P500,000, or both depending on the court.

Those who voted Senate Bill 2796 or the Cybercrime Prevention Act of 2012 were 13 senators. They were Senate President Juan Ponce Enrile (the author), Senate President Pro Tempore Jinggoy Estrada, Senators Antonio Trillanes IV, Edgardo Angara, Lito Lapid, Manuel Villar, Miriam Defensor-Santiago, Ferdinand Marcos Jr., and Ramon Bong Revilla Jr.

Only Senator Teofisto Guingona III voted against the passing of the bill.

Source: RSJ, GMA News


  1. anak ng tokwa, mas maraming kabulastugan ang nangyayari sa mga Cellphone... sangkatutak ang scam at marami na ring kababaihan ang nabiktima ng date rape dahil sa BF nila sa cellphone... bakit hindi nila ito ang tuunan ng pansin...

  2. @Romelo, you're right in your observation. However, those issues haven't been yet calendared. Do you know what I mean?

  3. haven't been calendared? ano naman meron sa internet at ito ang priority nila? the problem with politicians is they are working for their own self-interest... parang sabit na lang ang mga taong bayan... and when I say taong bayan ay hindi yung elite few...

  4. I know about Sen. Guingona's negative vote on the approved Senate version of Cybercrime Prevention Act. He cast the lone vote opposing the proposed law and for the right reasons. I also have a blog about the possible curtailment of our Internet rights if the Senate version gets implemented as-is.

  5. Nakikiuso lang kaya ang Pilipinas sa Amerika? Unahin na muna ang mas malaking problema sa bansa.

  6. Haha! That made me laugh, but I think it's just right that the bill is to be passed.

  7. I agree with Senator Guingona. Buti naman kahit paano mayroon kahit isa sa mag Senators na nagiisip. Di basta basta approve lang ng Batas. Too bad, na-iisa sya.

  8. Buti nalang open-minded si Guingona. If I am not mistaken he is also a blogger.

  9. a bill to prevent cyber crime must be passed but it must be fair- lalo na sa mga blogger na tulad natin:)

  10. for sure not every legislator has the know-how in using the internet, hehe, I salute Guingona for his stand

  11. we do have freedom of speech, yes...we should do the right thing, yes...

    but what if I don't? what if my i write degratory or libelous comments to be more specific bully someone to the extent that he committed suicide...will that still be considered freedom of speech? we should have guidelines or laws, otherwise it will be a chaotic world...

    i am not pro or against the cyber crime act...haven't really read the entire legislative, but we should also be open and not just care that we bloggers would be affected...pano ung mga victims of cyber crimes?

  12. ... whatever decision they'll come up with, I pray that it will be for the sake of the many.

  13. Sa dami ba naman ng cybercrime na nangyayari sa bansa, I think it is needed for this bill to be passed.. Pero kelangan pang pag-aralan to nang maigi.. Anyway, kung ano man maging desisyon, sana it'll be for the betterment of ALL.

  14. Bookmarked! I like this topic and his stand against it.

  15. Whew! things are getting complicated na sa cyberworld. Maybe because masyado ng malaking impluwensia ang internet sa tao ngayon. I heard na mas malaki na nga ang binabayad ng mga advertisers sa mga internet sites kesa sa mga TV stations. I hope they will make a thorough study about all these things bago man lang sila mag decision.

  16. I am also against cyber crime. Sana Lang before they implement anything pag-Aralin muna Nilang mabuti. Whatever will be the result sana it's for the best of everyone.

  17. they should implement this law! because everyones into computers! even my 4 year old daughter have her own laptop already so for everyones sake give something very useful. if they can't stop corruption then at least so something for this one. xx

  18. if it's all about protecting the people especially kids then this bill has to be passed! :P

  19. I think the country needs the bill. Kung yan ang gusto ng gobyerno na alam naman natin may magandang kalabasan e dapat supportan natin. Sa UK may law about cyberscam tska if your talking about freedom to speech, freedom of writing hmmm I'm not sure. You can't even post a naked baby photo or a child doing adult jobs on-line. Goodluck na lang sa inyo pagmay-police na kumatok sa bahay n'yo.

  20. I want to read the entire bill so I could give my own argument about it.

    there maybe good section/provision in it that could help prevent many cyber crimes so i am sure it is not the whole legislation that we should be fighting against.

  21. I agree with Senator Guingona but it's him against the 13 others.I don't think hell gonna be heard but at least he tried to stop it by voting against the approval.Let this law pass and hopefully it will stop those cybersex businesses.

  22. ang SOPA pending now sa states, tapos eto naman ang Pinoy politicians .. hhhmmmm

  23. they can't approve this when this is obviously an unconstitutional act. Deplorable ang mga bumuto sa bill na to.

  24. sa totoo lang tanungin mo karaniwang pinoy tungkol dito clueless sila, yung mga batas natin di nga malagyan ng ngipin eh


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