Supreme Court (SC) Chief Justice Alexander Gesmundo has acknowledged that there is so much more to be done amid the Philippines’ continued battle against cybercrimes and cyber-related offenses.
“The threats and their perpetrators are constantly upgrading; and so must we and our tools,” Chief Justice Gesmundo told his United States counterparts and trial court judges during the judiciary of Guam’s 50th Anniversary celebration held at the Guam Museum Indoor Theater last July 5.
“The crimes they commit continue to recognize no borders; and so our efforts in response must be as broad and expansive, with all due regard, of course, for the law and the rights of all,” Gesmundo added.
In his lecture on “Cybercrimes and Our Law” during the Guam Law Library Education Summit, Gesmundo traced the evolution of the Philippine legal framework on cybercrime and cyber-related offenses vis-a-vis decisions promulgated by the Supreme Court.
The Chief Justice discussed the first comprehensive cybercrime legislation in the Philippines, Republic Act (R.A.) No. 10175 or the Cybercrime Prevention Act of 2012 (CPA), and cited the landmark case of Disini vs Secretary of Justice (G.R. No. 203335, Feb. 11, 2014) in relation to the CPA.
“Today, it (Disini case) remains the only case decided by the Supreme Court dealing with the Cybercrime Prevention Act in its entirety,” Gesmundo revealed.
In the Disini case, the SC-PIO cited that numerous petitions were filed before the SC by concerned groups after the enactment of the CPA assailing its constitutionality.
The petitioners alleged that the law violates the constitutionally granted right to freedom of expression, due process, equal protection, and privacy of communications, as well as constitutional sanctions against double jeopardy, the undue delegation of legislative authority, and unreasonable searches and seizure.
Accordign to Gesmundo, the SC issued a 50-page decision declaring the CPA valid and constitutional for the most part.
He also mentioned the 2021 case of Cadajas vs People (G.R. No. 247348, Nov. 16, 2021), which discussed the interplay between the right to privacy and access to electronic evidence.
Also, during his lecture, the Chief Justice shared that the SC’s Special Committee on Cybercrime and Electronic Evidence is now working to amend the Rules on Cybercrime Warrants, and added that the Department of Justice (DOJ) also created a Technical Working Group for developing the Guidelines on Cybercrime Investigation and Prosecution.
“This will enhance the capacity of the criminal justice sector to handle cybercrime, especially in terms of identifying, preserving, collecting, examining, analyzing, authenticating, and presenting electronic evidence in court,” the country’s top magistrate said.
The Philippine delegation in Guam was led by the Chief Justice and Associate Justice Jose Midas P. Marquez.
Also present during the lecture were Guam Chief Justice Robert J. Torres, Jr., Washington State Chief Justice Steven C. González, United States Court of Appeals for the District of Columbia Circuit Judge Michelle Childs, and other justices and judges of the Pacific Islands and mainland United States.
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