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I owe Senator Pia Cayetano an apology

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I think I have at last gotten to the bottom of the issue given the facts that are available.

Anyway, here’s the issue: Last week I said that Senator Pia Cayetano had moved for two amendments during the January 24, 2012 Senate plenary on Senate Bill 2796, which became the Cybercrime Law.

I was wrong.

At that time, of course, I thought I was right. At least that’s what it seemed when I went over the following documents: The Science and Technology Committee Report No. 30 consolidating all the cybercrime bills into Senate Bill 2796; the official transcript of the January 24 Senate plenary; and the January 24 Senate Journal which summarized the transcript.

But the protests of Senator Cayetano prompted me to continue digging away at the issue — as a journalist getting the facts and hopefully getting the truth is important to me.

I was also moved by the obvious agitation of @Baycas, one of the active commenters in this site, who prodded me to keep looking.

And so I continued looking at the documents and looking for sources

Today I finally found an eyewitness who could give the details of what happened on January 24, 2012 when the Cybercrime Law was amended and approved on Second Reading.

I wanted to know once and for all who had introduced the amendments to Senate Bill 2796 that were announced that day by Senator Edgardo Angara, the measure’s main sponsor. SB 2796 consolidated all the bills and resolutions filed on cybercrime into one bill.

The eyewitness I located was willing to talk to me, but on condition of anonymity. The source whom I will call “Alpha” told me that on January 24, 2012 Senator Pia Cayetano only made remarks and no amendments.

Senator Cayetano, the source explained to me,

was just remarking. Since she was the author of the Anti-Child Pornography Act (Republic Act 9775), she was just requesting for an alignment of this with this (Cybercrime) bill. (Because) In the previous versions of the (Cybercrime) bill, there was a separate definition for child pornography.

Alpha said that because of this, Angara’s Committee on Science and Technology:

had decided to align the definition plus the penalties

In relation to this, @Baycas e-mailed me something which appears to support what Alpha said.

@Baycas noted that SB 2796 – which was issued in May 2011 – contained a lengthy provision on child pornography:

CHAPTER II – PUNISHABLE ACTS
SEC. 4. Cybercrime Offenses.

C. Content-related Offenses:

Child Pornography – refers to any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated explicit sexual activities.

For the purpose of this Act, a “child” refers to a person below eighteen (18) years of age or over, but is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. A child shall also refer to: (a) a person regardless of age who is presented, depicted or portrayed as a child as defined herein; and (b) computer-generated, digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child as defined herein.

The unlawful or prohibited acts constituting child pornography shall be defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Law.

@Baycas noted that the January 24, 2012 transcript actually quoted Sen. Angara entering into the records a shortened version of the same section to read as follows:

2. CHILD PORNOGRAPHY – THE UNLAWFUL OR PROHIBITED ACTS DEFINED AND PUNISHABLE BY REPUBLIC ACT NO. 9775 OR THE ANTI-CHILD PORNOGRAPHY LAW, ESPECIALLY AS COMMITTED THROUGH A COMPUTER SYSTEM.

@Baycas wrote:

The apparent abridging of the Definition of Child Pornography was already manifested during the Interpellations Stage and Sen. Angara was just reading the amendments into the Record. Sen. Pia Cayetano just made sure this was successfully accomplished in the process that’s why she stood up at that point when it was read.

From unabridged version in May 2011 to the simplified version in January 2012…

If it was any consolation to me, Alpha told me I was not the only one who had read the January 24, 2012 Senate Journal wrong. Alpha said:

Many people were misled by the Senate journal into thinking the list of amendments beneath the phrase  REMARKS OF SENATOR CAYETANO (P) were hers.

I also asked Alpha if the crime of “online libel” was already contained in SB 2796 before January 24, 2012. Alpha said:

It was an amendment by another senator that day.

Was it Senator Vicente Sotto III who had introduced “online libel” as  an insertion that day, January 24, I asked.

Alpha said “Yes.”

So there it is. What I hope is the last word on the issue. My hubby and editor Alan says that one of the most important things about journalism is the correction factor.

That’s why with this correction, I owe Senator Cayetano an apology, but Senator Sotto none.

Raissa

___________________________

Below are screencaps of portions of pages 12 and 13 of the transcript of the January 24, 2012 Senate plenary when Sen. Angara read out the amendments to SB 2796  and it was passed on Second Reading.  I have underlined in red the pertinent portions.

 

You can also download the entire Jan. 24, 2012 transcript below.  [NOTE: It has an interesting portion about former President Gloria Macapagal-Arroyo’s plunder case in connection with the Philippine Charity Sweepstakes Office.]

Download PDF here:

Comments

  2. yan ang tunay na tao, MARUNONG TUMANGGAP NG KAMALIAN. RAISSA, HIGIT SA LAHAT MALIBAN SA IYONG PAGIGING BATIKANG MAMAMAHAYAG HINAHANGAAN KITA BILANG ISANG TAONG MARUNONG MAGPAKUMBABA AT TUMANGGAP NG KAMALIAN. “ANG NAGPAPAKUMBABA AY INILULUKLOK SA KAITAASAN” kayo ni alan ay totoong tao sa mata ng lipunan at mata ng PANGINOON. MARAMING SALAMAT SA INYO. IMINUMULAT NYO NA KAMI SA KAPALIGIRANG PANGYAYARI TINUTURUAN NYO PA KAMI NG PAGPAPAKUMBABA SA KABILA NG INYONG KATALINUHAN. SIR BAYCAS MARAMING SALAMAT SA PAGIGING TAGAGABAY NINA RAISSA AT ALAN SA PAGPAPALIWANAG NG MGA BAGAY BAGAY NA KAILANGAN MALAMAN NG BUONG KAPILIPINUHAN. ( pasensya na po kayo sadya ko pong capitalize ang mga salita pero hindi po ito ibig sabihin na sumisigaw ako) naliligayahan lang po ako.MARAMINNG SALAMAT SA INYO LAHAT!! @ sir baycas maari po ba paminsan minsan dadalaw pa din kayo dito sa blog ni raissa. mami miss ko po ang pangalan nyo at mga komento nyo. dami po akong natutunan sa inyo at naliwanagan.

    • i know you are just joking @johnny lin. never mind the hows and why’s . what matters is she got what she wanted. I’m sure there are many out there who are willing to help. by helping her, i suppose they are very eager to really help us, the people.

      • You need to work on your marketing. “Alpha” does not have the same ring as “Deep Throat”. Inject a little mystery, a little drama. Like “CPM Undercover” or “Hidden Mike”, even if his name is Jose.

        • Ah, Joe. I wasn’t marketing.

          But thanks for the tip.

          I’ll think of a more mysterious name.

          Do give me more suggestions. I do have many more “Deep Throats” up my sleeve.

        • I have posted earlier that I used to work in the Senate myself, under the term of Senate President Jovito Salonga/Neptali Gonzales.

          Just found out last year that my colleagues are still there, in an office largely unaffected by changing political winds.

          Raissa, im not promising anything, but if you need additional sources of info, i can try putting you in touch with them, and take it from there. Cant divulge anything more specific than that, we have to do it by email. Everything will have to be covered by “plausible denial”. (Naks!)

          PS Regarding names of sources, may I suggest Papa Ethan – sounds like that Ilocano dish, but also references Ethan Hunt of Mission Impossible. LOL :) Got that from a food blog ha ha ha

        • Thanks.

          Andrew, we must have bumped into each other then.

          You knew Mr. Conlu?

          Si Jimmy Policarpio?

          E-mail me your sources’ names.

        • Jimmy Policarpio was with Senator Maceda then, if I remember correctly. We used the Phil Veterans Bank building (now condemned) as offices, and the National Museum for the sessions.

          This makes me nostalgic for those fun years- remember the Orly Mercado/Tito Guingona confrontation re the latter’s daughter? ha ha ha

          Will email you soon.

        • You remember the Senate library at the very top of the building which you could access from a tiny staircase?

          Yes, Guingona’s very pretty daughter with a very tiny waist.

          And Orly’s wife was dying of cancer then.

          I know so many things. Kaya lang libelous :)

  6. My highest salutes to @baycas and Raissa as true journalists who never tires to get the facts and the truth so important to them. Both deserves a each a laurel as victories are gained! Thank you.

    PREEEESSSEEENNT….ARMS! [ TANGHAAAALLLL….TA! ]

    ORDEEEERRRR….ARMS! [ BABAAAAA….TA! ]

    Tiiiikkkaaasss…’hinga! [ Paraaaadddde….rest! ]

    • @Leona
      Have you seen you tube video/picture of Romney bending showing his butt to a group of young children and one was prominently shown with wide open mouth ?

      Is that how “thick ass” salute done?
      LoL

      • Romney is overdoing a simple salute! His style is down below…it’s up on’es nutty head! BoLOL !

  7. Welcome back, (Justice ) Baycas. I know at times you abhor the honorable title “Justice”. You may have your own reasons but IMO ( in my opinion ) you are such an honorable one since you really work and “so makulit” to make things right….di ba? Tama nga ang tula na ginawa ni Cha…..

  9. Senator Sotto,

    See where an apology does not diminish you as a person but actually elevates you? If you had done this early enough with your plagiarism issue then all of the brickbats would have been avoided. And we could have moved on with the arguments on RH. (Move on? What am I, a vehicle?)

    PS Now we can unite on RH bill with Sen Pia and Sen Miriam. ha ha ha

    • Now if these entities apologized

      – RCC for anti-RH Bill and abuses (sexual or otherwise)
      – GMA for Hello Garci, NBN-ZTE
      – Enrile for martial law
      – Corona for condos and $$$
      – Congress for inaction on FOI, anti-dynasty bill, etc
      – Senate for Cybercrime Law
      – PNoy for signing Cybercrime Law
      – Binay for fielding entire family
      – Marcoses for persisting
      – Supreme Court justices for flip-flopping and unprofessionalism
      – Doronila and Tiglao for their nonsense
      – CDQ for purple prose
      – Bernas for shortcomings in the Constitution
      – Me for my lapses to my wife and children
      – Etc, etc, etc

      Wouldn’t it be a wonderful world?

        • i’m going to guess, raissa. maybe springwood is always busy in front of his computer reading your blog and posting comments that he sometimes forgets may date pa pala siya ng misis niya or forgets to pick the children up from school (ups! LOL!).

          I had 3 day off from my work recently, which i had been looking forward to before it came and i promised to go out with my husband, treat him for being loving to me (uy!) anyway, first day as soon as i got up, went to my internet and opened your blog, read the blogs that i missed kasama ang mga link, the day went on, i was still busy reading your blog and posting (sometimes), meanwhile, husbanda is ready to go, waits, and i call “you go alone, darling, ejoy yourself!” (without even looking away from my screen) , husbanda went alone, and when he came back, i was still on my computer. next day, same thing happened, and the next. and the 3 day off passed, wala rin akong nagawa.

          raissa, your blog is addicting.

        • @pelang

          I’m beginning to think that with Raissa’s influence, nothing can be hidden from CPMer’s.

          Already you are developing an x-ray vision. Dapat matakot sila sa atin. SOON!

        • This influence: the extraordinary ability to search, see and record the truth beyond the accidental or intentional obfuscation. :-)

          More?

        • Raissa, addicted din ako sa blogs mo! Kaya lang I can’t comment like the others are doing (magagaling sila like @baycas, @andrew lim, @Johnny Lin, at iba pa!). Tagabasa lang at maraming natututuhan dito. Maraming salamat!

        • @pelang,

          Last night I read a title of a front page tabloid news saying someone was “minartilyo gawa ng FB, something to that effect.

          Kaya, ingat…

      • @springwoodman…For us, yes, a wonderful world really! For them, nah, they’ll believe they’re lost in this world! So, the probability is they wont do what you say.

  10. You’re one of a kind Raissa! Hope there are more journalists like you and Allan. To @baycass, thank you for not giving up on your quest to get Raissa to dig for the truth. Mabuhay kayo!

  11. Baycas, raissa – I thank you…..please do not go weary doing what our doing…….hats off to you both

  13. Honesty is still the best policy!
    Wish you also clarifed that you tended to ignore @ baycas in his many postings about the subject for dearth of substantial accurate information. Am not suggesting equal apology, but fair is fair.

    Maybe a subtle word of thanks @baycas for the email.

    He he he

      • He’s my guardian angel.

        Yung makulit ba, na kalabit nang kalabit.

        Yung nakikita mo sa lumang katekismo.

    • No need, @johnny.

      ‘Di nga pala niya alam na lahat ng references niya meron din ako. Coup de grace lang ‘yan nakaposte sa itaas.

      • Private email conversation is different on comments posted. Understanding or perception differs.
        My point is for the rest, old and new readers, to read publicly for greater appreciation of true character.

        Added simple sentence of thank you note at the bottom of the article would not hurt but will enhance the perception that this is a transparent real deal source and site of free speech.

        Sabi nga ng matatanda “walang masama sa magalang at marunong magpasalamat kahit hindi angkop”

        Just my thought!

    • Johnny, Raissa, [email protected]

      Apology offered and accepted. Let’s get back to work.

      Kim Henares complained that Recto betrayed them. Miriam sided with Henares. I go with Henares too. According to Kim, she was expecting a revenue of 60B from the sin tax bill but Recto formulated a bill for 15B only. Meaning that more people would be afforded to buy cigarettes which consequence forces the government to spend 144B for health services. Please see link below.

      http://newsinfo.inquirer.net/287440/recto-betrayed-us-with-his-version-of-sin-tax-bill-says-says-bir- chief

      What has Lucio Tan done to make his cigarettes salable? What could 144B do in terms of new health centers and hospitals? It’s mind-boggling.

  15. I take my hat off to you Raissa and I hope that Senator Cayetano feels the same way.
    You have proved your integrity to all.
    Keep up the enthralling work. They are all reading.