Sunday, October 7, 2012
Program Boosts Food Security, Income
Region 8 Get P7 New COLA; P6 Wage Hike In Region 3
Manila embassies welcome gov't-MILF peace deal
udit finds Philippines lost $3.02b to misuse of state funds
Ex-Philippine president Arroyo arrested in plunder case
Philippines appeals to hackers to stop attacks
Communist rebel leader captured in Philippines
MANILA (AP) - Philippine troops have captured a senior communist rebel leader who had received military training in Libya and carried a S$166,000 bounty.
Regional military spokesman Col. Generoso Bolina says New People's Army regional chief Benjamin Mendoza and three other suspected insurgents were arrested in the early hours of Saturday outside their hideout in suburban Quezon City.
He says Mendoza underwent commando, heavy weapons, bomb-making and sniper training in Libya in the early 1980s.
Bolina says Mendoza planned several successful raids and ambushes against soldiers and police. In one raid, New People's Army guerrillas freed nine detained rebels from a jail in Batangas province south of Manila.
Saturday, October 6, 2012
Forex reserves hit new high of $81.878 B
..MANILA, Philippines - The country’s gross international reserves (GIR) posted a new record-high of $81.878 billion in the first nine months of the year, up 1.42 percent from the revised $80.728 billion in end-August, the Bangko Sentral ng Pilipinas (BSP) reported yesterday.
The year-to-date tally is almost five percent more than BSP’s 2012 forecast of $78 billion.
BSP Governor Amando Tetangco Jr. had said the GIR forecast will be revised upwards this quarter.
“The substantial build-up in the end-September 2012 GIR was due mainly to inflows from the foreign exchange operations and income from investments abroad of the BSP, foreign currency deposits by authorized agent banks as well as revaluation gains on the BSP’s gold holdings,” Tetangco said.
Foreign exchange operations pertain mainly to BSP’s buying of dollars to temper the strength of the peso, which has appreciated by 4.88 percent from January to September this year. Data showed BSP’s foreign exchange holdings amounted to $809.64 million so far.
While a strong currency makes imports more affordable, it also causes export products to be expensive abroad resulting in lesser export earnings. It alsotrims the value of remittances from overseas Filipinos.
BSP’s offshore investments also increased to $68.218 billion from $67.533 billion the previous month, Tetangco said. Value of gold holdings also went up by almost half a billion dollars after gold prices rose in the world market.
Increases were partially offset by payments made by the government to its maturing debts and banks’ foreign currency withdrawals, the BSP chief added.
Reserves, data showed, could now adequately cover 11.8 months worth of imports of goods and payments of services and income. It is also equivalent to 11.7 times the country’s short-term external debt based on original maturity and 6.5 times on residual maturity.
Net international reserves—GIR minus BSP’s short-term liabilities—likewise rose to $81.9 billion. - By Prinz P. Magtulis (Philstar News Service, www.philstar.com)
First Gen Subsidiary Refinances Debt
MANILA, Philippines - FGP Corp., a subsidiary of the Lopez-owned First Gen Corporation, has inked a $420-million loan facility with seven banks to refinance existing debts.
The loan which has a 10-year tenor was closed with the Bank of the Philippine Islands, BDO Unibank, Hong Kong and Shanghai Banking Corporation, Philippine National Bank, Rizal Commercial Banking Corporation, Security Bank and Union Bank of the Philippines.
First Gen has stated in its disclosure to the Philippine Stock Exchange (PSE) that "the proceeds of the loan will be used to repay the existing debt of FGP in the amount of $77.4 million."
FGP Corp. is the corporate vehicle subsidiary which developed and owner of the 500-megawatt San Lorenzo natural gas-fired project in Batangas.
The remainder of the borrowings, it was noted, "will be used to pay down a portion of First Gen Corporation's debts." It made reference to the company's purchase of the 40-percent stake previously held by British Gas in the First Gas power plants.
First Gen president and chief operating officer Francis Giles B. Puno has emphasized that "aside from paying down debt at First Gen level, the proceeds can be used to partly fund our growth plans."
Primary in its lineup of expansion ventures will be its proposed San Gabriel power project with planned capacity of 200 to 500 megawatts.
Puno said the facility, which shall serve as the third gas-fed asset for the company, "will begin construction next year and be completed in the 2014-2015 timeframe."
The Lopez group is among the power industry players with grand aspirations for expansion. Its blueprint would command huge investment of up to $3.0 billion.
Beyond the capacity additions at First Gen's portfolio, its affiliate Energy Development Corporation (EDC) is similarly on expansion mode - for geothermal and other renewable energy sources, like wind and hydro.
First Gen noted that its current generation portfolio stands at 2,763 megawatts and that accounts for approximately 18-percent of the national grid capacity. With a market share limit of 25-percent, it still has a room for capacity addition of 7.0-percent of the national installed capacity
Leni Robredo eyes Congress seat
..Maria Leonor "Leni" Robredo, widow of former Interior Secretary Jesse Robredo, has answered clamors for her to follow in her late husband's footsteps.
Robredo filed her certificate of candidacy for Camarines Sur third district representative at the local Commission on Elections office, reports on Friday said.
"[K]ami po ng mga anak ko nagulat sa mga pangyayari. Para kaming naitulak sa isang corner na wala kaming choice. Sana divine intervention na yun (My children and I were surprised by this turn of events. It's as if we were caught in a corner and we had no choice. I hope that was divine intervention)," Robredo said in a press briefing broadcast over the radio.
Supporters flocked to their Naga City home Friday morning, most of them tearful as they urged her to seek Rep. Luis Villafuerte Sr.'s seat in Congress, she added.
Villafuerte is serving out his last term and will be running for Camarines Sur governor against his grandson Miguel Villafuerte.
"Parang leap of faith na... Kung hindi naman po nagkaroon ng gulo, talaga naman pong hindi ako kandidato (I consider it a leap of faith... Without the confusion, I really wouldn't be running)," the lawyer said.
Reports earlier floated the possibility that Robredo will be pushed to run under the admistration coalition's Senate slate congressional following the highly publicized death of her husband.
Jesse Robredo died in a plane crash off the island of Masbate Aug. 18, along with two pilots.
When she finally decided to run, Robredo she was shocked that supporters have already prepared her certificate of candidacy.
"Pagdating ko, magta-thumbmark na lang ako (When I arrived, I only had to place my thumbmark)," Robredo said.
Robredo also admitted that she was not able to think her decision through thoroughly.
"Talagang binase ko na lang siya sa faith ng supporters namin (I only based it on our supporters' faith)," she said.
"Sana mas maraming oras po para pag-isipan ito (I hope I had more time to think this through)," she said.
Earlier Friday, the Robredo widow posted via her Twitter account: "Can't believe this is happening."
Her eldest daughter Aika replied: "Me also, pero ganda lang (Me also, but it's great!)
Robredo has earlier agreed to head the Liberal Party in Camarines Sur at the prodding of President Benigno "Noynoy" Aquino III and newly appointed Interior and Local Government Secretary Manuel "Mar" Roxas.
..
Friday, October 5, 2012
Former President Estrada to run for mayor of Manila
MANILA (AP) - Ousted Philippine President Joseph Estrada filed his candidacy Tuesday for mayor of Manila, joining thousands of candidates in mid-term elections that will be dominated by political dynasties, celebrities and the rich and powerful.
The polls scheduled for May 13, 2013, illustrate the most obvious streak of Philippine politics: It's a family affair.
Among those expected to run again is Imelda Marcos, widow of dictator Ferdinand Marcos, who is among candidates for 286 congressional seats. Her daughter, Imee, will try to keep her seat as governor of their northern home province of Ilocos Norte. Her son, Ferdinand Marcos Jr, is already a senator.
Mr Estrada, 75, who is challenging his former ally, incumbent Mayor Alfredo Lim, moved into a house in Manila in May to establish residency there. Mr Estrada's eldest son is also a senator and another wants to join him.
Is boxer-turned-politician Pacquiao building a dynasty?
..General Santos, south Philippines (Philippine Daily Inquirer/ANN) - If Philippine political families can build dynasties, why not boxing superstar Manny Pacquiao?
Pacquiao himself has announced his reelection bid in 2013 as representative of Sarangani's lone congressional district in south Philippines. His wife, Jinkee, is running for vice governor of the province, while his youngest brother, Rogelio, wants to become a congressman of neighbouring South Cotabato, too.
The boxer's People Champ Movement has teamed up with Philippine Vice President Jejomar Binay's United Nationalist Alliance in fielding Rogelio in the congressional race for the first district of South Cotabato.
Rogelio, chairman of Barangay (village) Apopong in General Santos, will run against the incumbent, Representative Pedro Acharon Jr., a former mayor.
Jinkee will be the running mate of Steve Chiongbian Solon, the incumbent vice governor, who will be seeking the gubernatorial post against possibly incumbent Governor Miguel Dominguez, who is in his last term.
The team-up indicates an alliance that Pacquiao has forged with the Chiongbians, a family that has kept a tight grip on Sarangani politics.
It has obscured Pacquiao's victory over another Chiongbian, Roy, in the 2010 congressional race.
Roy, the brother of then outgoing Rep. Erwin Chiongbian, questioned Pacquiao's residency but failed to have him disqualified. Pacquiao claimed he had lived in Sarangani before his foray into politics.
Pacquiao then took pride in defeating a "billionaire" and part of a political dynasty. His supporters credited the boxer's "charisma and propoor" outlook for his victory.
In 2007, however, Pacquiao lost to former Rep. Darlene Antonino-Custodio in the mayoral race in General Santos City, despite reportedly spending about 120 million pesos (US$2.8 million) in the election campaign.
In next year's mayoral battle, the boxer has tapped Councilor Ronnel Rivera, a son of a fishing magnate, against Custodio.
Jinkee filed her certificate of candidacy for vice governor in Alabel town on Tuesday, according to Alvin Quinanola, the province's election officer.
Another member of the Pacquiao family, Lorelie, is also into politics, having won as chair of Barangay Labangal in General Santos in the 2010 barangay elections. Lorelie is the wife of Pacquiao's brother, Bobby.
With a report from Aquiles Zonio, Inquirer Mindanao
..
Mindanao faces another power crisis
MANILA, Philippines - Mindanao could face another power crisis as a major coal plant is shutting down for preventive maintenance.
The 105-megawatt unit 1 of Steag State Power Inc. said it will stop operations from Oct. 6 to Nov. 4 while the 105-MW unit 2 will be shut down from Oct. 29 to Nov. 10.
It will be the first time for Steag to conduct a preventive maintenance shutdown.
“Carrying out the maintenance works as planned and scheduled will bring in long-term benefits to the Mindanao power consumers in terms the power plant’s operational reliability,” Steag said.
Over the past six years of its operations, the Mindanao power plant has recorded an availability rate of 93.3 percent and an unplanned outage rate of less than one percent.
The company said it has delivered more than 8.3 billion kilowatt-hours of electricity, representing about 20 percent of Mindanao’s total power supply.
However, Mindanao has been reeling from supply shortage and rotating brownouts since early this year.
Mindanao’s peak demand stood at 1,218 MW as opposed to a supply of 1,045 MW as of yesterday, data from the National Grid Corp. of the Philippines (NGCP) showed.
Steag said NGCP approved the shutdown of Steag based on the recommendation of the Mindanao Grid Operations and Maintenance Planning Group. The group is composed of NGCP, National Power Corp. and independent power producers. - By Neil Jerome Morales
Visayas Energy Facilities Upgrade Completed
<..TAGBILARAN CITY, Bohol - The National Grid Corporation of the Philippines (NGCP) announced that it has completed the upgrade of its Energy Management System (EMS) in the Visayas for this year, in line with its efforts to build a "stronger transmission for a stronger nation."
This year's upgrade of System Operations facilities in the Visayas is part of a nationwide project that aims to improve the capability of NGCP's National Control Center with its Regional Control Centers.
This project adopted the use of OPEN 3000, a state-of-the-art operating system that facilitates effective monitoring and control to ensure the balance of power supply and demand, said the NGCP.
The upgrade was necessary to replace obsolete hardware and overloaded system software in order to increase system reliability and performance, provide complete system data by accommodating new stations, and integrate the electricity market functions into the EMS.
The EMS integrates applications that are needed to manage the power transmission network. A major component of the EMS is its Supervisory Control and Data Acquisition (SCADA) system, which is a collection of equipment and software that facilitates control of remote devices, acquisition of real time data on power demand, capacity of connected power plants, and other power system parameters.
The SCADA/EMS upgrade in Luzon and Visayas has a combined project cost of R189.4 million. The upgrade in Mindanao, where the regional control center has been moved from Iligan to Cagayan de Oro, cost R126.5 million.
NGCP is a privately-owned corporation in charge of operating, maintaining, and developing the country's power grid. It transmits high-voltage electricity through "power superhighways" including an interconnected system of transmission lines and towers, substations and related assets.
Trainers Program For IT-BPO
.MANILA, Philippines - To haul in US$25 billion revenues in four years, the government and the private sector yesterday launched a P25.2-million trainers' training program to help teachers serving the information technology and business process outsourcing (IT-BPO) sector.
The Technical Education and Skills Development Authority (TESDA) allocated 900 vouchers worth P18 million for Trainers Methodology (TM) Plus and 804 vouchers worth P7.2 million for TM 1, a first-generation version of the course.
The TESDA and the Business Processing Association of the Philippines (BPAP) jointly developed the trainers' training program for IT-BPOs.
TM Plus is part of a series of educational programs developed under the P500-million funding for the Industry-based Training for Work Scholarship Program (I-TWSP).
The latter is a key component of the IT-BPO industry's Road Map 2016 to increase total industry generated jobs from 1.8 million in 2010 (500,000 direct and 1.3 million indirect) to 4.5 million in 2016 (1.3 million direct and 3.2 million indirect).
"TM Plus ensures a pool of highly competent IT-BPO trainers. Those who have completed the training will train the next batch of trainers, achieving a multiplier effect that will increase IT-BPO-oriented training opportunities," TESDA director-general Joel Villanueva explained.
The entire program is divided into two parts. The first covers IT-BPO orientation and instruction via classroom and e-learning sessions. The second is allotted for internship, where trainees co-facilitate TM Plus in an IT-BPO facility. Afterwards, trainees are assessed via tools developed by Philippine Society for Training and Development (PSTD) as well as TESDA's TM 1 National Assessment. Corresponding certificates are issued upon qualification.
"Being a world-class IT-BPO employee is more than having communication skills. It's also about right attitude and high level of competency," stressed BPAP president and CEO Benedict Hernandez. "This is why we need standardized training programs."
TM Plus scholarship vouchers will be available through selected technical vocational institutions (TVIs) in Luzon, Visayas, and Mindanao. The University of Makati, the principal partner TVI in the National Capital Region, received 600 scholarship vouchers for the TM Plus program.
TESDA's IT-BPO training programs are designed to develop and increase the number of qualified hires.
The course outline includes sessions such as facilitating learning sessions and discussions; using electronic media in trainings; electronic learning applications; blended learning techniques; classroom management; conducting competency assessments; supervising work-based learning; and application of skills and knowledge through an internship.
The first batch of TESDA-accredited trainers that completed the TM 1 program are training the TM Plus trainees. They include 12 trainers from Aegis, one of the global IT-BPO providers operating in the country.
.
Bloggers file tenth petition vs. Cybercrime Law
And so Tonyo Cruz, the Professional Heckler, and Pinoy Gossip Boy —some of the most famous names in the Philippine blogging and social networking community— have joined the growing opposition to the Cybercrime Prevention Act of 2012.
A group of bloggers on Thursday filed with the Supreme Court the tenth petition questioning the constitutionality of the controversial Republic Act 10175, a day after the law took effect.
The 18 petitioners included Anthony Ian "Tonyo" Cruz, Marcelo Landicho (professionalheckler.wordpress.com), Benjamin Noel Espina, Marck Ronald Rimorin, Julius Rocas, Oliver Richard Robillo, Aaron Erick Lozasa (pinoygossipboy.ph), Gerard Adrian Magnaye, Ruben Lucera Jr of the Cebu Bloggers Society Inc, and Pedro Rahon of the Pinoy Expat/OFW Blog Awards Inc.
Named respondents were President Benigno Aquino III, Senate President Juan Ponce Enrile, House Speaker Feliciano Belmonte, Executive Secretary Pacquito Ochoa, Justice Sec. Leila de Lima, and the respective heads of the Information and
Communication Technology Office, thr Philippine National Police and the National Bureau of Investigation.
In its petition for certiorari and prohibition, the bloggers said the Cybercrime Law several of their "inaliemable civil rights under the Constitution... (and) indisputable entitlements under the Bill of Rights," including:
the right to due process and equal protection of the law: the right against unreasonable searches and seizures; the right to privacy of communication and correspondence; the right to free speech and expression; and the right against double jeopardy.
As in earlier petitions filed by separate groups, the bloggers also questioned the constitutionality of key provisions of the law:
Sec. 4(c)(4) (Libel);
Sec. 5(a) (Aiding or Abetting in the Commission of Cybercrime);
Sec. 6 (inclusion of all felonies and crimes within coverage of the law),
Sec. 7 (Liability under Other Laws),
Sec. 12 (Real-Time Collection of Traffic Data), and Sec. 19 (Restricting or Blocking Access to Computer Data). The petitiomers called on the high court to step in and "correct a grave and serious injustice and transgression of the Constitution."
As of this writing, there are 10 separate petitions against the Cybercrime Law, all asking the high court to stop its implementation and declare it or portions of it unconstitutional.
Among the other petitioners where those filed by Sen. Teofisto Guingona III; journalists, bloggers, lawyers led by University of thw Philippines Law professor Harry Roque; a group of lawyers from the Ateneo School of Law; and some 250 journalists lwd by the National Union of Journalists of thw Philippines and the Center for Media Freedom and Reaponsibility.
On Tuesday, the Supreme Court en banc deferred deliberations on the numerous petitions and decided instead to tackle them in next week's session, in which the magistrates would decide whether or not to issue a temporary restraining order against the law. — TJD
Sandiganbayan issues warrant vs. Arroyo
Thursday, October 4, 2012
LP proclaims Maliksi-Lacson tandem in Cavite for 2013 polls
The ruling Liberal Party on Monday proclaimed its candidates for the 2013 local elections in Cavite, naming Rep. Irineo "Ayong" Maliksi as its gubernatorial bet and Ronald Jay Lacson, son of Sen. Panfilo Lacson, as his running-mate.
Maliksi and Lacson were proclaimed Monday at an event where candidates for the provincial elections were announced, the LP said on its Twitter account.
"Cavite: Gov. Ayong Maliksi; Vice Gov. Jay Lacson 2013," it said.
The two are to go up against re-electionist Governor Jonvic Remulla and vice gubernatorial bet Jolo Revilla, son of Sen. Ramon "Bong" Revilla Jr.
Remulla and Revilla will run under the Lakas-Magdalo alliance, which is expected to swear in new members in Cavite on Tuesday, Sen. Revilla's birthday.
On Sunday, Revilla had said he does not expect his relations with the elder Lacson to sour just because their sons are going up against each other for vice governor.
A tweet by GMA News reporter Kara David quoted Maliksi as saying his running-mate is neither an actor nor a traitor.
"Di siya artista at di siya traydor," David's tweet quoted Maliksi as saying.
President Benigno Aquino III was present at the event along with secretaries Emilio Abaya (Transportation and Communications) and Manuel Roxas II (Interior and Local Government), it said.
"Rep. Ayong Maliksi is the gubernatorial bet for Cavite. He served as Governor from 2001-2010," the LP said.
It added Maliksi, who is on his first term as congressman, served as Cavite governor from 2001 to 2010. He previously served as Imus vice mayor from 1980 to 1986, mayor from 1988 to 1998, and congressman from 1998 to 2001. — KBK,
GMA Running For Congress Again
.
MANILA (AFP) - Former President Gloria Arroyo registered Wednesday to run for another term in Congress, despite facing graft charges and claiming to be suffering a serious illness that needs treatment abroad.
The 65-year-old posted on her Facebook page her certificate of candidacy for Congress in her home province of Pampanga in the 2013 elections.
Her spokeswoman Elena Bautista-Horn said Arroyo's son Mikey filed his mother's registration for her.
Arroyo served as president of the Philippines from 2001 to 2010, during which she was accused of numerous corruption and vote-fraud scandals.
Her arch-critic President Benigno S. Aquino III was elected as her successor, running on an anti-graft platform and promising to hold Arroyo to account for her alleged misdeeds.
However as she stepped down, Arroyo successfully ran as congresswoman for Pampanga province north of Manila and is now serving her three-year term.
She was arrested on vote-rigging charges at an exclusive hospital in November last year shortly after immigration authorities at Manila airport blocked her from leaving the country.
Aquino had said Arroyo was trying to flee the country to escape imminent charges against her, although she said she needed specialist treatment overseas for her spinal disease.
In July Arroyo was able to walk free after a court issued a surprise ruling granting her bail, saying the government's vote-rigging case against her was weak.
She has also been charged with corruption over a cancelled deal with a Chinese firm to set up a national Internet broadband network, but the trial has yet to start.
.
De Lima orders NBI: Hunt down hackers
MANILA, Philippines - The real punch of the newly enacted law against so-called cyber crimes would be put to the test as Justice Secretary Leila de Lima ordered the arrest yesterday of hackers of government websites.
De Lima gave the orders to the National Bureau of Investigation (NBI) on the same day thet controversial Republic Act 10175 or Cybercrime Prevention Act took effect yesterday. Hackers have attacked key government websites as protest against the new law.
Attacked by hackers before dawn yesterday were the websites of the Official Gazette, the NBI, and both chambers of Congress, among others.
The targeted websites became inaccessible to the public for a few hours.
“They will trace who the hackers are and apprehend them. For this purpose, they need to coordinate with the intelligence units of other investigative bodies,” De Lima told reporters.
She said the hackers should be arrested and prosecuted for illegal access to computer system as defined under section 4 (a) of the anti-cybercrime act.
The still unidentified suspects in the hacking incidents face imprisonment of six to 12 years or a fine of at least P200,000, or both, if arrested and found guilty.
“The purpose of the law is to protect our citizens from unscrupulous and abusive actions of misfits and the wicked in society… Disagreeing with certain sections of the law or questioning legislative intent is no excuse to commit crimes – defacing websites whether government or not, disrupting essential operations and services and causing damage to scare resources,” De Lima pointed out.
The justice chief said the NBI already has a computer crimes unit and that its technical capabilities would be enhanced once the Department of Justice (DOJ) sets up its cybercrime office to be headed by Assistant Secretary Geronimo Sy.
Several groups, including Anonymous Philippines and PrivateX, had earlier owned up to attacks on government websites.
“The number of incidents and the ease of hacking government websites only shows the vulnerability of our country’s ICT (information and communication technology) framework and proves the necessity of a cybercrime law to protect us against criminal syndicates and transnational organized crimes,” Sy said in a statement.
He assured critics of the law that their objections and fears would be addressed through the implementing rules and regulations (IRR) being drafted and through a multi-sectoral dialogue set on Oct. 9 at the DOJ.
At the NBI, special investigator Joey Narciso denied the agency’s website had been hacked but said there had been attempts to penetrate it. “Several users tried to penetrate or access the website all at the same time which slowed down the response time of the system to a point that we had to shut it down,” Narciso said.
“We have several ways to run after these hackers, through technical and intelligence gathering. The hackers said the authorities would have difficulty in finding or arresting them. But it is possible to catch them through technical capabilities of the NBI and intelligence sharing between law enforcement agencies,” Narciso said. “We do not need high tech software or system. All are available in the Internet and could be used (to locate the hackers).”
De Lima said that they intend to gather inputs from stakeholders and come up with an IRR that will “clarify and harmonize the so-called objectionable portions in the law.”
Various groups have questioned RA 10175 before the Supreme Court (SC), citing vagueness of some provisions, for instance the issue on double jeopardy since some provisions allow filing of separate charges under the new law and under the Revised Penal Code for the same offense.
The DOJ will work with the Department of the Interior and Local Government and the Department of Science and Technology in coming up with the IRR within 90 days or three months after the approval of the law last Sept. 12.
“We will gradually handle this matter and very prudently because of the objections being raised and pending petitions. So even without TRO (temporary restraining order from the SC), perhaps our implementation will not be immediately full-blown,” she told reporters.
“The law requires an IRR for an effective implementation but it doesn’t mean it will not take effect without the IRR. Still, prudence dictates that it’s better to take it slowly at this point. Maybe it should be only in cases of palpable criminal acts committed that should be addressed by law enforcement authorities for now,” she added.
She said they would also prioritize organized crimes, which are clear threats to national interest.
She also explained that the law does not appear to be inconsistent with the Constitution.
“In my reading of the law, I can’t see any unconstitutional provision. Some sectors have questioned libel provision but we should remember that it is already a criminal offense under existing law,” she said. “The only issue is the propriety or imposition of higher degree of penalty, which is not a constitutional issue.”
Legal challenge
But questions on the new law’s constitutionality continued to flood the SC yesterday.
Two groups yesterday filed separate petitions seeking to stop the implementation of some provisions in the new law. This brought to nine the number of petitions against RA 10175.
The SC is expected to tackle the petitions in its next session on Tuesday.
Lawyers of the Ateneo Human Rights Center (AHRC) and journalists led by the National Union of Journalists of the Philippines have argued that the law violates constitutional rights to due process, speech, expression, free press and academic freedom.
For instance, they said section 19 – which gives the DOJ secretary the power to block or restrict access to any content upon prima facie finding of violation of the law even without trial – is tantamount to prior restraint which is not allowed by Article III Section 4 of the Constitution.
They said this provision also violates constitutional rights to privacy of communication and against unreasonable searches and seizures.
“It is, in effect, a gag law potentially capable of shaping people’s mind and way of thinking. Under the threat of government intrusion, users will be forced to toe the government’s line if only to make use of or access their computers,” AHRC said in its 40-page petition signed by Ateneo law dean Sedfrey Candelaria and professors Melencio Sta. Maria, Amparita Sta. Maria, Ray Paolo Santiago, Gilbert Sembrado and Ryan Jeremiah Quan.
The other petition was signed online by at least 211 individuals and 12 different media outfits and watchdogs, including Center for Media Freedom and Responsibility and Philippine Center for Investigative Journalism.
More protests
The House minority bloc is also calling for the removal of contentious provisions in the law.
“We would also like to express our concern over the chilling effect that the Cybercrime Prevention Act may have over freedom of speech,” House Minority Leader and Quezon Rep. Danilo Suarez said in a statement.
“While we agree that there are some abuses to this right, we should err on its liberal side,” he said. “After all, a robust media and opinionated citizenry is one of the bastions of a real democracy,” he added.
On Tuesday, two of Suarez’s colleagues – Kabataan party-list Rep. Raymond Palatino and Bayan Muna party-list Rep. Teodoro Casiño – filed House Bill 6613 seeking to repeal several contentious provisions of RA 10175.
“The passage of Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, poses serious threats to Internet freedom, the right to privacy and other essential civil liberties including the freedom of speech, expression, and the press,” Palatino said in the explanatory note on HB 6613.
Former senator Ernesto Maceda also called the new law unconstitutional.
“I have taken a stand in the past supporting the decriminalization of libel. This law that criminalizes libel online is a step backward in our democracy,” Maceda said.
“Were the legislators sleeping when the Cybercrime Law was on the Senate floor? Why did they let it pass without amending it?” Maceda wrote on Twitter.
Connie Bragas-Regalado, Migrante sectoral party-list president, said the new law would have an adverse effect on the access to information of 15 million Filipinos abroad.
“Social media, through social networking sites, help greatly in ‘connecting’ Filipinos abroad to the homeland and to other Filipino communities around the world because it is ‘real-time’ and accessible to them. Imposing e-martial law is tantamount to the curtailment of the access of information of overseas Filipinos,” Regalado said in a statement.
She cited the case of OFW Agnes Tenorio from Hong Kong who was able to record the verbal abuse she endured from labor attaché Romulo Salud in 2010.
Tenorio disseminated the conversation through the Internet, causing a public uproar that led to Salud’s eventual recall.
Overreaction?
For Sen. Gregorio Honasan, opposition to some provisions of the law may be an overreaction and that some political spin doctors are using the issue in preparation for the 2013 midterm elections.
“This is a simple case of overreaction. I understand this though, because we Filipinos tend to be overprotective of our rights. But sometimes we forget about being responsible,” Honasan said over Radio 5.
Honasan admitted that he supported the approval of the law, particularly the provision on libel, saying he was a victim of trial by publicity himself.
“They will destroy your reputation and even the future of your family. So I am very passionate about the balancing of rights and freedoms with responsibility,” Honasan said.
“I signed it and I will sign it again if necessary. But in the meantime, be calm because the law will not yet be implemented,” he added.
Honasan chairs the Senate committee on public information and mass media, one of the committees that took up the bill.
Senate Majority Leader Vicente Sotto III, meanwhile, defended the inclusion of libel in the law.
He pointed out that there were no objections when the amendment was introduced, and when it was put to a vote and finally ratified in June by the bicameral conference committee.
“What insertion are they talking about? They are making it appear as if there was something sinister about it. I am not the author and the sponsor of the bill. They just want to crucify me,” Sotto said.
“They have to put it in their thick skulls that the Senate ratified the bicam (report) on June 4. There was nothing we could do about it anymore. The libel (provision) was there already,” he added.
Sen. Teofisto Guingona III, the lone senator who cast a dissenting vote on the bill, said that the best way to remedy the situation is for the SC to declare as unconstitutional certain provisions of the law, including Internet libel.
“The law itself has provisions that are unconstitutional and they cannot be corrected by IRR. They should first be declared unconstitutional by the Supreme Court and then we can make amendments,” Guingona said.
Senators Francis Escudero and Pia Cayetano have signified their intention to file their respective bills to amend and repeal some provisions of the law when Congress resumes session next week.
“I welcome moves to immediately revise some contentious provisions of the Cybercrime Law while we implement provisions to deter alarming types of cybercrimes – child pornography, cybersex and computer-related fraud,” Sen. Loren Legarda said.
Sen. Edgardo Angara, for his part, said, “I think we are much better off with a law like the cybercrime law in operation than one cyberspace without one. We will be operating in one cyber-universe without rules, like the wild west without laws.”
Meanwhile, an expert in website solutions said the government should brace for more attacks from hackers as “there is no such thing as 100 percent safe or hack-proof websites.”
“Internet was not designed for that or it has never been anticipated when Internet was first introduced to the public,” Agnes Degamo, Philippine branch manager of Emerge, told The STAR yesterday.
“In this world, nothing can be said to be certain, except death and taxes,” she said, paraphrasing Benjamin Franklin.
“Most website owners wouldn’t know that they have been hacked. Nowadays, since website is essential to any business, website owners should be very careful in choosing the right website hosting provider that can give the best protection for their investment,” she warned.
– With Michael Punongbayan, Paolo Romero, Marvin Sy, Mayen Jaymalin, Sandy Araneta, Jose Rodel Clapano - By Edu Punay
Palace: Thou shall not fear cybercrime law
..Hackers and not the government are the ones depriving Filipinos of Internet access, the Palace said, amid mounting protests against the Cybercrime Prevention Act which takes effect Wednesday.
"[H]ackers who claim to be aligned with critics of the Cybercrime Act are the ones who have engaged in online vandalism, depriving the broader public of access to much needed government information and services online," Presidential Spokesperson Edwin Lacierda said in a statement.
Several government websites have been crippled in the days leading to the law's Oct. 3 rollout, with netizens floating the possibility that even the government's main portal gov.ph as well as websites of the Senate and House of Representatives have been compromised.
The Cybercrime Law's critics should condemn "online vandalism and bullying with as much vigor and passion," Lacierda said.
"[V]igilantism harms the cause of freedom of expression and civil liberties for all netizens," he added.
This, as Lacierda assured the public that the new law will not rob Filipinos of online rights.
"[N]o government entity has moved to deprive anyone of access to the Internet or to suppress civil liberties as exercised online," Lacierda noted.
"The Cybercrime Prevention Act was enacted by Congress to address legitimate concerns about criminal behavior on the Internet and the effects of abusive behavior," he added.
Lacierda also noted that the government "recognizes and respects" proposed amendments to the law as well as efforts at raising questions about the constitutionality of some of its provisions.
At least seven petitions against the new law have been filed before the Supreme Court, which said Tuesday that it will not move to block the Cybercrime Act's implementation.
Senator Francis Escudero meanwhile said he will file a bill seeking to repeal the law's libel provisions, which has drawn most flak from freedom of expression advocates.
"In the meantime we believe there is an opportunity for reasonable discourse between concerned stakeholders and the Department of Justice," Lacierda said.
He also urged "fullest and widest participation" of stakeholders in drafting the implementing rules and regulations (IRR) of the Cybercrime Prevention Act.
..
Subscribe to:
Posts (Atom)