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Motion To Amend and Extention of Time

The document is a motion for partial reconsideration and clarification filed by the Cybercrime Investigation and Coordinating Center regarding a previous order granting an extension of time to effect a warrant to disclose computer data from Facebook. Specifically, the motion requests clarification on whether the additional 10 days granted starts from the date of receipt of the order, and requests an amendment to the address where the warrant should be sent based on new information from the Department of Justice.

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Rexford P Ramos
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212 views3 pages

Motion To Amend and Extention of Time

The document is a motion for partial reconsideration and clarification filed by the Cybercrime Investigation and Coordinating Center regarding a previous order granting an extension of time to effect a warrant to disclose computer data from Facebook. Specifically, the motion requests clarification on whether the additional 10 days granted starts from the date of receipt of the order, and requests an amendment to the address where the warrant should be sent based on new information from the Department of Justice.

Uploaded by

Rexford P Ramos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 8, MANILA
Contact Nos. 86-598-897 / (0967) 365-1943; email: rte I [email protected]

RE: APPLICATION FOR THE


ISSUANCE OF WARRANT TO
DISCLOSE COMPUTER DATA
(WDCD) DIRECTING FACEBOOK
FOR THE DISCLOSURE OF
COMPUTER DATA UNDER
SECTION 14 OF REPUBLIC ACT
10175 OR THE CYBERCRIME
PREVENTION ACT OF 2021 WDCD CASE NO. 21-31427

CYBERCRIME INVESTIGATION
AND COORDINATING CENTER
represented by CEZAR 0.
MANCAO II, Executive Director

x---------------------------------------------------------x

MOTION FOR PARTIAL RECONSIDERATION WITH


CLARIFICATION

Applicant, by the undersigned Counsel, unto the Honorable Court


most respectfully states the following:

1. The undersigned Executive Director received the order of this


Honorable Court partially granting the Motion of Time with
Amendment yesterday, August 5, 2021;

2. The said order grants the undersigned an additional ten (10)


days, or until 05 August 2021, to effect the Warrant to Disclose
Computer Data (WDCD).

3. As a backgrounder, on July 22, 2021, Atty. Rexford P. Ramos,


Deputy Chief for Legal of Cybercrime Investigation and
Coordinating Center submitted to this honorable court a Motion
for Extension of time.

4. On July 23, 2021, Atty. Ramos made an inquiry through a SMS


message to one of the staff of the court whether there will be a
hearing on the said motion. The staff of the court reply that
“Your motion po is still with the presiding Judge, we will just
inform you of there is already instructions from her”.

5. On July 26, 2021, an electronic email from RTC Manila Branch


08 was sent to Atty. Ramos saying “This is in reference to the
Motion for Extension of Time that you filed. It appears that the
motion received by the court is filed by the applicant’s counsel.
Particularly, the motion indicates the following: “applicant, by the
undersigned counsel….”. Also, the same was signed by the
counsel himself. Please refile the motion in the name of and
signed by the applicant of WDCD since the application was filed
and signed in his name and not the counsel”.

6. On July 26, 2021, a SMS message from RTC Manila Branch 08


was sent to Atty. Ramos saying “Good day. In relation to your
submission, we would like to remind you that the office hours is
until 4:30PM only. Thank you.”

7. On July 26, 2021 at 5:34PM, the undersigned submitted


through electronic email, the Motion for Extension of Time with
Amendments signed by the applicant of WDCD and on July 27,
2021, the undersigned submitted a hard copy of the Motion to
this honorable court.

8. On the same day, at around 11:05AM, Atty. Rexford P. Ramos,


Deputy Chief for Legal Division, made an inquiry thru SMS
message to one of the staff of the court, if there will be a hearing
on the motion, but there was no answer.

9. On July 28, 2021, the undersigned thru Mr. Ralph Ali Honasan
proceed to this honorable court to follow-up the order, and was
advice by one of the employees of the court that Motion was still
with the Honorable Judge and the court will inform the
applicant if there was already an order issued by the Honorable
Judge.

10. On August 05, 2021 at 10:20AM, Atty. Ramos, through SMS


message ask the honorable court regarding the status of the
Motion submitted last July, 2021 and at 10:32am of the same
day, Atty. Ramos ask the status of the same through electronic
email to this honorable court.

11. The undersigned after submission of the Motion and made


follow-ups to this honorable court did not take any action to
effect the order not wanting to disrespect the court, we waited
for the resolution of the court on the said motion.

12. Equally important to consider is the fact that the two (2)
divisions of the office of Cybercrime Investigation and
Coordinating Center went on 14 days lockdown since a few of its
employees had been infected with covid-19 virus.

13. As such, the undersigned Executive Director respectfully


request for clarification whether the additional ten (10) days
within which to effect the order and submit the required return
is to be reckoned on the date of the receipt of this order;

14. Finally, in our WDCD, it has been manifested that the office
address of Facebook where order and warrant can be served is
at 9 Straits View, Marina One, Singapore;

15. After, enlightenement by the Department of Justice, Office of


the Cyber Crime (DOJ-OCC), which is the Central Authority in
all matters related to international mutual assistance and

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extradition1, that the WARRANT and ORDER should be
addressed and sent instead at 1601 Willow Road, Menio Park
CA 94025; the undersigned would like to manifest for the
interest and substantial justice that the order be issued granting
the amendment. Attached also is a document from Facebook,
Inc. Information for Law Enforcement Authorities stating the
steps on how to request for preservation of data and the mailing
address of Facebook, Inc.

16. This Motion is not intended for delay but solely due to the


foregoing reasons. Moreover, the rights of the subjects of herein
WARRANT (Facebook and Marco Balbuena) will not be injured of
this fair and reasonable motion.

PRAYER

WHEREFORE, in the interest of justice and for the legal and


factual reasons cited hereinabove, Applicant most respectfully prays of
this Honorable Court that request for clarification whether the additional
ten (10) days within which to effect the order and submit the required
return is to be reckoned on the date of the receipt of this order and the
order be issued granting the AMENDMENT of herein address.

Filed in the City of Manila, August 6, 2021.

CEZAR O. MANCAO II
Executive Director
Cybercrime Investigation and Coordinating Center

1
Section 23, RA 10175
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