Inside Philippine politics & beyond

Why I stand by my story that Sotto “inserted” online libel section in the Cybercrime Law

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By Raïssa Robles

Senator Vicente Sotto III was quoted today as complaining why he was “being crucified” for something he did not do.  He again denied being responsible for inserting the section on online libel in the Cybercrime Prevention Act of 2012.

The ABC 5  Interaksyon website quoted Sotto as saying:

Ang proposal ko, hindi insertion, because I proposed it on the Senate floor, open plenary. Ano bang pinagsasabi nilang insertion? Para bang sinasabi nilang merong sinister? Ang mahirap sa kanila bintang sila nang bintang. [My proposal to include libel in the cybercrime law was not an insertion, it was proposed in open plenary, so why do they keep using the word ‘insertion’ and implying there’s something sinister?. The problem with them is they just blindly keep accusing people],” he said.

You can read the entire Interaksyon report here.

Dear Senator Sotto,

I used the word “insertion” because that was the very word used by the Senate Journal of January 24,2012. As you yourself said, Senate journals pass the scrutiny of the office of the Senate Majority Leader, which you currently occupy. This was why I assumed the January 24, 2012 Senate Journal was correct.

Please see below a screencap of the pertinent portion of the journal. I have encircled the pertinent words in red.

Page 880 of the Senate Journal for January 24, 2012 states that “On page 6, line 37, as proposed by Senator Sotto and accepted by the Sponsor, there being no objection, the Body approved the insertion of a new paragraph, to wit…” This screencap of the Senate journal shows that the word “insertion” came from the Senate journal.

 

Thanks @Mel for calling my attention to this. Mel is an active member of our Cyber Plaza Miranda, the growing community of Filipinos here and abroad who congregate on this site to debate and exchange information.

Comments

  2. Disenteng Tuso?

    Akala mo kung sinong matalino
    komo’t naluklok sa mataas na pwesto.
    Ang puhunan naman, katatawanan,
    anong ginagawa ngayon?
    Puro kawalanghiyaan.

    Nabulag na ata sa sobrang kahambugan,
    simpleng kamalian, pinabayaan.
    Mga kritiko ngayon balak atang balikan.
    Pati tuloy panggagahasa at pagtanggap ng suhol
    muling nakakalikaw,
    dahil sa mga argumentong hilaw.

    Likas din ang kumag na walang respeto,
    pati batas na isinulong ng sariling Lolo ginago.
    Ano pa ba ang hahanapin mo
    kung may tunay na kahulugan
    ang salitang kupal sa diksyonaryo?

    Disenteng tuso? Naisahan na naman tayo.
    ‘Wag na kayong magreklamo
    Dahil hindi kayo pakikinggan ng gago.
    Balatkayong nakaupo sa Senado,
    pakiusap, ‘wag na muling iboto.
    Isang libo’t isang luha,
    buong bansa, muling binulaga.

    (Bow)

    • off topic:
      Ma’m Raissa and to All CPMers:

      di ba meron ng anti-epal sa fb. Bakit hindi isa sa inyo ang mag open ng fb or websites anti-political dynasty? Ma’m Raissa, sabi nyo si Sir Allan internet savvy skilled. o kung sino man ang gustong mag take ng sa ganoon maumpisahan na rin ang anti-political dynassty shame campaign kasi walang magpapasa ng batas nyan sa kongreso o sa senado kasi lahat sila mga pamilya, asawa, anak, kapatid, malapit na pati apo mga nakaluklok na eh. Any takers? ako konti lang alam ko sa internet eh. sorry.
      We are electing them true, however, most i do not know how many percentile were paid votes at doon nagiging kawawa ang bansa.
      Respeto at Delikadesa at the same time maipaalam sa mamamayan ang tungkol sa political dynasty, malay mo sa 2016, mag sipag isip isip mga kakandidato, hindi na nila isalang mga asawa, anak, kapatid, tiya, up to 4th degree raw nga sabi ni FVR. Although i like Aquino and i will probably vote for Bam, still…
      Please everyone, take the action. hindi ako marunong eh. thanks so much.

      • Anti-political dynasty bill suntok sa buwan
        (Bernard Taguinod)
        Abante tonite Oct. 06,2012

        Inamin ng isang mambabatas na nagsusulong na wakasan na ang political dynasty sa bansa na suntok na sa buwan ang kanilang panukalang batas.

        Sa panayam kay Bayan Muna partylist Rep. Teddy Casiño, malabong maging batas ang kanilang panukalang ito dahil hindi kumikilos ang mga komite sa Mababang Kapulungan.

        “Suntok na iyan sa buwan,” pahayag ni Casiño dahil simula noong iha­in ito noong 2010 ay dalawang beses pa lamang umano nagsagawa ng committee hearing ang House committee on suffrage and electoral reform.

        Isang indikasyon, aniya, ito na walang plano ang Kongreso na pagtibayin ang nasabing panukala na magtutuldok sa political dynasty sa bansa at hindi lamang iikot sa iilang pamilya ang mga posisyon sa gobyerno.

        “Wala namang tumututol pero hindi kumikilos,” ang paglalarawan pa ni Casiño sa nasabing panukalang batas.

        Base sa nasabing panukala, ipagbabawal na ang pagtakbo ng higit sa isang miyembro ng pamilya sa mga posisyon sa gobyerno partikular na sa mga local positions.

        “Dapat isa-isang member lang ng family ang tatakbo para magkaroon naman ng chance ang ibang gustong magsilbi,” ani Casiño subalit malabo na umano itong mangyari dahil walang batas na nagbabawal sa mga pamilya ng mga pulitiko na tumakbo sa lahat ng posisyon.

        Sa pagsisimula na ng political race, muling naungkat ang isyu sa political dynasty sa bansa dahil pare-pareho lamang ng mukha at apelyido ng mga pulitikong naghain ng kanilang certificate of candidacy (COC).

        “Hindi iyan maaali­s kapag walang batas na nagbabawal ng dynasty,” ayon pa kay Casiño.

  4. TV Patrol News interviewing the 3 Senatorial candidates, Nancy Binay, Jackie Enrile, JV Ejercito:

    Korina Sanchez to Nancy: mam, what are your qualifications to run for senator? Name 3!
    Nancy: I am the daughter of Vice President Binay, I am the daughter of Mayor Jojo Binay, I am the daughter of Martial law activist Jejomar Binay

    Ted Fallon to Jackie: how about you Congressman, name 3?
    Jackie: I am the son of Senate President Johnny Enrile, I am the son of Defense Secretary Enrile, I am the son of Martial law Implementor Juan Ponce Enrile.

    Fallon frustated, turned to JV: how about you, Congressman?
    JV: I am the illegitimate son of President Joseph Estrada, I am the illegitimate son of Vice President Erap, I am the illegitimate son of martial law artist Asiong Salonga

    Noli De Castro: the 3 Stooges, magandang umaga bayan!

  5. Off topic:

    Let’s support Grace Padaca.. If you’re going to analyze things, the way the poll election was manipulated last 2007, it seems that they were cheated and robbed …She ( an LP ally) was running against a GMA ally…Please read the article below which I accidentally found while browsing online… (3rd article )

    http://www.northphiltimes.com/page/7?cat=25

  6. Sottoraption:

    TV patrol interviewing Erap in Comelec office last Monday.
    Erap was asked to define “stooge” he answered, according to Free Online dictionary, One who allows oneself to be used for another’s profit or advantage. Then he was asked to name the 3 musketeers, Porthos, Athos, Aramis he quipped. I am a movie actor, I know them from all their movies. Meanwhile Johnny Enrile was amused hearing the knowledgeable Erap while UNA senatorial candidates applauded.

    Here comes VP Binay joining the interview:

    Reporter to Binay: why did you call your party, UNA?
    Binay: because there are 3 of us and we are like the 3 musketeers, we are One and UNA is number 1 in Tagalog
    Erap interrupted: Yes, One for all, all for One

    Reporter to Binay: who are you from the 3 musketeers?
    Enrile answered: D’Artagnan
    Erap started scratching his head while mumbling Athos, Porthos, Aramis
    Maceda whispered to Erap – Ulyanin na si Manong Johnny

    Reporter to Binay: i heard your daughter Nancy will run for senator, so the 3 musketeers will have 3 children in UNA lineup.
    Binay: Yes, we are very proud of our children
    Reporter: what would you call them?
    before Binay could answer
    Erap shouted: 3 Stooges!

    He he he, Erap is fast learner from Dictionary

  7. 2 great Latest News from Interaksyon TV5 Online:

    1. “Binay 3 children running for office: Nancy for senator, Abigail for Congresswoman, Erwin for Makati mayor”
    Mrs Elena Binay is also running – from COA auditor Heidi Mendoza – he he he

    2. “Pacquiao brood join political circus”
    Jinkee filed candidacy for vice gov of Sarangani, Manny’s bro running for Congress and sister in law, wife of other boxer Bobby is running for councilor
    Pacman filed his candidacy for re election, afterwards, started running to train for Marquez fight upon hearing chants from his fans, Run Manny Run while he was filling up his candidacy papers – he he he

    Governor Dominguez of Saranggani, upon hearing the news that almost all family members of Manny are vying for elective office issued an order to put up a school for higher education inside Comelec office. Pacmom Diony offered a grand opening of the school with a ballroom dance presentation.

    Having more fun in the Philippines

  8. Analyst slams PNoy for paying Padaca’s bail

    “MANILA – Political analyst Malou Tiquia slammed President Aquino’s decision to post bail for newly appointed Commission on Elections (Comelec) commissioner Grace Padaca”…

    read on … http://www.abs-cbnnews.com/nation/10/04/12/palace-pnoy-used-own-money-padaca-bail

    May I ask Who is Malou Tiquia? apolitical analyst or an anal ist? Before she made such a stupid, brain dead comment about the Palace’s decision to come to the rescue of Grace Padaca, did she consider who Santiago Respicio was and his ties to the Dye Dynasty, resulting in a trumped up, baseless, P25 million malversation case filed by the former Isabela congressman?

    Well thanks Malou Tiquia for definitely showing your true colors and discrediting yourself as an analyst. Perhaps the later description is more “fitting”.

  9. excerpt from “CYBERAUTHORITARIANISM” by Theodore Te
    Rappler october 4, 2012

    “This provision was a bad faith insertion, with the proposal first having been made at the Senate during the period of interpellation and later inserted at the bicameral conference committee. Because the proposal was first made during the period of amendment, with the original House and Senate bills not containing any definition of cyberlibel, there were certainly no legislative debate on the wisdom, propriety or even logic of including libel under the Revised Penal Code into the cybercrime law.

    The lack of debate and the bad faith that went into its insertion shows not only just how badly the provision is crafted but also how dangerous it is in terms of its effects on freedom of expression.

    Section 4(c)(4) “defines” libel by invoking a very specific provision of the Revised Penal Code—Article 355 (Libel by means of writings or similar means ). In doing so, it excluded Article 353 (Definition of Libel) and Article 354 (Requirement for publicity) from the definition in Section 4(c)(4); both these provisions are essential to Article 355 because they define the felony of libel and its inherent requirement of publicity.

    Because Articles 353 and 354 of the Revised Penal Code are not incorporated into what is now Section 4(c)(4), we have an absurd situation of a crime that is undefined yet punished very severely.

    One principle that underpins our penal laws is that of “legality,” i.e., for an act to be considered criminal, it must be defined by a statute to be a crime. First year law students have this latin phrase drilled into them within the first week of law school—nullum crimen nulla poena sine lege, loosely translated as “there is no crime where there is no law defining the act to be a crime.” “

      • @chit navarro, Atty. Theodore Te’s analysis of R.A. No. 10175 as being a bad faith insertion, etc. was done without wisdom, etc. A horrible shame indeed! Will this country keep electing people into the Senate who have no wisdom to prepare and make laws?

        Senators? What say you from Atty. Theodore Te’s analysis? Hayyyyyyy! Na overlooked naminnnnnnnnnnnn! Nakuuuuuuuuuuuu haaaaaaaaa! Bawiiiiiiiiiii natiiiiiiinnnnn! ‘Buti, you are not all running for re-election on 2013?

  10. hi guys , allow me to change topic muna tayo.

    Arroyo hospitalized as court junks motion vs arrest warrant
    October 4, 2012 3:42pm

    Former President and incumbent Pampanga Rep. Gloria Macapagal-Arroyo was admitted to the Veterans Memorial Medical Center (VMMC) on Thursday for dehydration, body weakness and numbness — a day after the Sandiganbayan issued an arrest warrant against her. – Rouchelle Dinglasan and Andreo C. Calonzo/KBK, GMA News

  11. I’m now writing something you might all find INTERESTING.

    Not about Sotto, but about his colleagues.

    Pls watch out for it. :)

    • Just be careful our dear Raissa….
      An Article is NOT libelous if it is FULLY BACKED UP with facts… saan ko ba nabasa yon?

      feeling ko kasi mainit ang mata nila sa blog mo…

      • @chit navarro, with Atty. Theodore Te’s very excellent analysis how RA 10175 is so defected and a bad law, who is the prosec or judge who will touch this law with a 50 foot hot iron pole? Except maybe to declared the law blatantly unconstitutional in gross violations of not only the 1987 Constitution, but even the 1935 and 1973 Constitutions, the New and Old Testaments including the Ten Commandments at that! In short, the whole “legal spirit” of libel law in the Revised Penal Code, as Amended, is not in RA No. 10175!

      • I’m not a lawyer, but from what I read on the internet, it seems that the US law’s definition is different from the Philippine definition. In the US, for something to be considered libelous, it has to be false. In the Philippines, it can be “real or imaginary”.

        It just has to be “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 discredit or cause the dishonor or contempt of a natural or juridical person, or to blacken the memory of one who is dead.” Whereas the US definition of slander is something like: the issuance of a false statement about another person, which causes that person to suffer harm, where libel is the printed form of slander.

        I never realized until this issue, that the job of a journalist could be so risky.

    • I hope that upcoming article would squarely put the fault at the Legislators responsible for the awkward sections or provisions.

      Sen Tito Sotto wasn’t the only one with his Libel Section 4 proposal, so it was with the other sections in the Cybercrime Law.

      See comment #2.1.

      Senator Angara, at the end of the day, was that bill sponsor. There were other bills similar or close to Angara’s Cybercrime Bill (example on decriminalizing libel, Honasan and Escudero had bills on that proposal as well). As the Cybercrime Bill’s Sponsor, Angara took bits and pieces from previous bill sponsors. Angara admitted fault and responsibility.

      In fairness to the public, they need to know who are these senators and congressmen, especially the body who made up the Bicameral Conference Committee.

      And the highlight? Why and how did these awkward sections pass the scrutiny of President Noynoy Aquino? It was so dumb that he overlooked the absence of popular sentiments and aspirations in these. Perhaps, he too would like to get back at his detractors. But alas.

      • With or with OUT web links in my comments, I still get this message “Your comment is awaiting moderation.”

      • erratum

        Sen Tito Sotto wasn’t the only one with his Libel Section 4 proposal, so it was with the other Lawmakers who contributed to sections in the Cybercrime Law.

        • ABRIDGE history of the Cybercrime Act or Law (13th, 14th & 15th Congress)

          – 15TH CONGRESS. The Morphing of the Cybercrime Prevention Law

          “At least 11 bills related to cybercrime prevention were filed before the House of Representatives in the 15th Congress.” – BY KAROL ANNE M. ILAGAN, FRIDAY, SEPTEMBER 28TH, 2012 ·(www interaksyon com)

          – 14TH CONGRESS. The Morphing of the Cybercrime Prevention Act

          “In the 13th Congress (2004-2007), at least four measures were filed to regulate and penalize cybercrime: House Bills No. 1246, 2093, 2528 and 3777, which were authored by Representatives Eric Singson, Amado Espino Jr., Nanette Castelo Daza, and Harlin Abayon, respectively.

          “In the 14th Congress, at least 10 similar House bills were filed.” – BY KAROL ANNE M. ILAGAN, FRIDAY, SEPTEMBER 28TH, 2012 ·(www interaksyon com)

        • erratum

          … BY KAROL ANNE M. ILAGAN, FRIDAY, SEPTEMBER 28TH, 2012 (www interaksyon com) pcij org (sincerest apologies for the Misattribution )

        • Its hard to get a copy of the minutes. A lot of the lawmakers are flip flopping on their contentions and participation on this controversial Law.

          Mind you, even that Bill’s main sponsor or author, Sen Angara didn’t even vote for it and yet it passed. One or two yea voters are denying they saw or read the Libel Section when they signed it.

          Even the DOJ Secretary de Lima claims she wasn’t in favor nor supported this Libel Section.
          – De Lima: DOJ objected to provisions of Cybercrime Act | ABS-CBN News

          There are scores of news articles on interviews from a lot of gov’t officials gathered from the two branches of gov’t (excluding existing, seating Justices of the Supreme Court) who are against or aghast at this Cybercrime Law.

          I hope you have something or many discoveries that would enlighten everyone, or bring to the fore what has been kept secret. Due to the upcoming elections, many incumbent politicians are very much concerned about the ramifications to their chances of winning due to the public’s overwhelming disapproval to this current cybercrime Law.

          It’s virtually a martial law in an online steroids.

          Thank you.

        • @mel,
          “Its hard to get a copy of the minutes. A lot of the lawmakers are flip flopping on their contentions and participation on this controversial Law.”
          mananagot ang mga senador na kumukunsinti sa kapritso ng kapwa nila senador.
          habang ginagawa nila ang delaying tactics, lalong humahaba ang oras ng paghihimay at pagtuklas ng taong bayan sa mga kapalpakan nila at ng batas na inapura. lalong dumarami at lumalakas ang mga panawagang HUWAG SILANG IBOTO sa 2013.
          ito ang mga senaryong darating sa kanila: mapupurnada ang mga pangarap nila. mapeperde ang mga projects na pinaplano nila, malulusaw ang mga budget nila mula sa CDF na maipapamudmod sana sa kanilang mga constituents, magiging bula ang mga batas pa sanang nais nilang isponsoran kung maluluklok sa senado, matutunaw ang political career nila sa panahong mataas ang antas ng pumapaimbulog na ekonomiya ng bansa dahil sa gumagandang pamamahala at pagpapatakbong ipinapakita ng gobyerno at ang tumataas pang pagtitiwala ng mga pilipino at maging ng ibang lahi sa ating bansa. dumarami ang naniniwalang mararating ng bansa ang isang kaigaigayang pamumuhunan sa ating kalakalan.
          at ang pinakamasaklap, pagtatawanan sila ng kanilang mga kalabang pulitiko at magiging kasisisti-siste sa kanilang mga kaagapay na lingkod-bayan na siyang pipiliin ng mga tao sa kasalukuyang panahon na nais nilang pagkaitan ng kalayaan sa pag-gamit ng internet para sa malusog at ligtas na pagpapahayag ng kaisipan at damdamin.
          kaya nga habang may panahon pa ay i-recall nyo na ang batas na ito sapagakat ilan lang naman ang may pakana ng bagay na ito. habang kami ay umuunawa pa sa pagkakalingat ninyo…

        • Sangayon ako dito sa naisulat mo, “abang kami ay umuunawa pa sa pagkakalingat ninyo”.

          Tama ka kabayang @vander.

          Mga pribadong tao ang nangunguna sa pagbabalasa ng batas (cybercrime law), at naguungkat sa mga kamaliang angkop sa paggawa at pagkapasa ng batas.

          They treated their whole nation with contempt.

          Political opinion makers and commenters are not to be labelled Cyber Criminals FOR EXPRESSING THEIR FREEDOM OF SPEECH AND EXPRESSION – online.

          The internet is an opportunity for law abiding netizens to practice their rights to write and express their support for programs and dismay against policies, practices and short comings of their pubic servants and elected leaders. They shouldn’t be threatened with Libel or ‘take down’ gestapo approach based on a Libeler’s capricious made-up malice.

          FIRST Decriminalize Libel! Then Amend (See comment #2.1) Cybercrime Prevention Act of 2012 (Republic Act No. 10175) of blanket penal code sanctions.

          Ang taong bayan din ang gigising at patutunayan sa darating na halalan.

  12. @rejtatel, @chitnavarro, @David –

    thank you for the links on US libel laws.

    I will study them and use them in separate posts.

    Raissa