CYBER CRIME CASE

SHERLIE A. MAMALAYAN
Maria Ressa again charged with
cyber libel, seeks case dismissal
• Metro Manila (CNN Philippines, December 3) — Rappler CEO Maria Ressa
has been charged for the second time with cyber libel over her Twitter post
where she shared a news website’s article on businessman Wilfredo Keng,
according to documents obtained Thursday.
• Keng is the same complainant behind the cyber libel suit that resulted in
the conviction of Ressa and former Rappler staffer Reynaldo Santos Jr. in
June. Two months before the verdict, Keng filed the second complaint
against Ressa at the Makati City Prosecutor's Office.
• The case centers on Ressa's 2019 tweet which read: "Here’s the 2002 article
on the 'private businessman' who filed the cyber libel case, which was
thrown out by the NBI then revived by the DOJ. #HoldTheLine."
• It contained screenshots of the article, which identified Keng as the
"influential Chinese businessman" being eyed as a suspect in the ambush-
slay of a former Manila councilor. Keng said he has never been investigated
nor charged for any criminal activity.
• On Nov. 23, Senior Assistant City Prosecutor Mark Anthony Nuguit filed the
cyber libel case against Ressa at the Makati Regional Trial Court Branch 147.
He said the journalist’s tweet was done “willfully, unlawfully, feloniously,
publicly and maliciously – with the intention of attacking the honesty, virtue,
honor, integrity, character, and reputation”
Ressa's defense
• Ressa’s camp filed a motion to quash on Wednesday,
in a bid to junk the case. Ressa argued that she is not
the author of the article that was found defamatory,
and should not be held liable for sharing it. She added
the sentence she used in describing the article was
just factual.
• “By any reasonable and unbiased reading, the
sentence is not defamatory—read singly, none of the
words are; read together, the sentence is not,”
• It added that she was merely keeping the public
informed as part of her job as a journalist, and
exercising her freedom of expression and of opinion
as a citizen.
• The Makati City Prosecutor's Office earlier endorsed
Ressa’s indictment, recommending her arrest and a
bail of ₱48,000. In its Nov. 10 resolution, the state
prosecutor recognized Ressa’s defense that her
Twitter post was made “in lawful exercise of her
right to express her thoughts and ideas.”
• The resolution said, however, that “libel is not
a protected speech under the Constitution.” It
added that although Ressa claims she merely
shared an old article, it was not a knee-jerk
reaction, “hence, she should be held liable for
the consequences
 FINES
• Instead of Act No. 3326 applied by
prosecutors and the Manila court in the
Rappler case, the SC used the RPC itself. The
maximum penalty for cyberlibel is prision
mayor in its minimum period (or eight years'
imprisonment). This is called an
“afflictive” penalty under Article 25 of the RPC
Rappler's fight
• In June, the Manila Regional Trial Court Branch 46 convicted
Ressa and Santos of cyber libel over a 2012 investigative article
which reported on Keng's alleged connection to illegal activities.
Ressa and Santos are free on bail.
• The high-profile case hogged international headlines as
opposition groups and human rights advocates see it as part of
government's crackdown against media critical of President
Rodrigo Duterte. Malacañang said the conviction was not
politically motivated, stressing that the case was filed by Keng, a
private complainant.
• Ressa is also facing tax evasion charges. Rappler said she has
been arrested twice, posted bail nine times.
• "Rappler will follow the judicial process and face the string of
cases filed against us," the news site said in a tweet.
CHR: Student ended life because of cyber bullying
The Commission on Human Rights (CHR) in Negros Occidental said Grade 8 student
Eric Hain Demafeliz of Bago City ended his own life because of cyber bullying,
investigation showed.

The CHR conducted the investigation in response to the request of Task Force
Kasanag national commander John Chiong.

CHR-Negros Occidental investigator Vincent Parra said he visited the Ramon Torres
National High School (RTNHS) and talked to the teacher-adviser of Demafeliz who
showed him pictures taken from a social media site, showing disturbing messages
accusing Demafeliz of stealing his classmate’s computer tablet.

The school adviser admitted that she escorted Demafeliz to the Bago City Police
Station, and reported that the victim’s social media account was hacked and he was
not the one that posted the pictures of the stolen item.

The police, however, did not record the incident since cyber hacking is not under
their jurisdiction.

The teacher also denied the allegations of Demafeliz’s mother, Warlina, that the
victim was “shamed” during a flag ceremony.
She submitted her statement before the Department
of Education (DepEd) Division of Bago City, which is
also conducting a separate investigation.

Atty. Rex Cabarles, legal counsel for the DepEd

Division of Bago, denied that Demafeliz was brought
to the police over theft allegations.

He said they went to the police to organize an

entrapment operation against the student.
 FINES
Acquired without right or with intellectual
property interests in it. Cyber-squatting shall
be punished
with imprisonment of prision mayor, or a fine
of at least Two Hundred Thousand Pesos
(P200,000.00) up to a maximum amount
commensurate to the damage incurred, or
both: Provided.
13 rescued from Butuan 'cybersex den'
BUTUAN CITY – Authorities rescued 13 victims, mostly minors,
during an entrapment operation and court-ordered search of a
suspected cybersex den in Purok 5, Barangay Ambago here on
Thursday afternoon. 

Maj. Renel Serrano, chief of the Public Information Office of Police

Regional Office (PRO) 13 (Caraga), told the Philippine News Agency
(PNA) on Friday that a 28-year-old female suspect was arrested
during the raid.

The suspect’s live-in partner was also taken into custody for
conspiracy, Serrano said.

In a statement on Thursday afternoon, PRO-13 chief, Brig. Gen.

Joselito T. Esquivel Jr., said of the 13 victims rescued, four are aged
1 year to 3 years, who are considered children at-risk, while the
rest are aged 11 years to 19 years.
“The victims are forced to engage in sexual acts in exchange for monetary
payment in the amount of PHP2,000, PHP5,000, up to the maximum of
PHP20,000, depending on the kind of show requested by the online clients
from the Philippines and abroad,” Esquivel said.

He said police personnel of the Women and Children Protection Center -

Mindanao Field Unit (WCPC-MFU), Regional Anti-Cybercrime Units of
Northern Mindanao and Caraga regions, Regional Intelligence Division 13,
Regional Women and Children Protection Desk 13, and Butuan City Police
Office (BCPO) took part in the entrapment operation.

The operation was armed with a warrant to search, seize, examine

computer data (WSSECD) and rescue operation on online sexual
exploitation of children (OSEC) issued by a regional court here on May 20
for child pornography through a computer system, under Republic Act (RA)
10175, also known as “The Cyber-Crime Prevention Act of 2012”.

“Personnel from WCPC-MFU revealed that they started conducting

surveillance and case build-up against the suspect since December of 2019
through the conduct of constant cyberspace patrolling,” Esquivel said.
He said among the pieces of evidence seized during the raid were cellphones,
assorted identification cards, remittance cards, receipts from known money
couriers, lubricants, tablets, and an Internet router.

Authorities also recovered from the suspects four improvised long firearms,
one replica of a caliber .45 pistol, one caliber .38 revolver with six live
ammunition, and bladed weapons believed to be owned by the live-in
partner of the prime suspect.

Esquivel said the arrested suspects and the recovered evidence were taken to
BCPO-3 for proper disposition, while the victims were turned over to the
Department of Social Welfare and Development (DSWD) 13 for processing
and evaluation.

He said charges are being prepared against the arrested suspects for violation
of RA 9208 or the Anti-Trafficking in Persons Act of 2003 as amended by RA
10364 or the Expanded Anti-Trafficking in Persons Act of 2012.
The suspects will also face charges for violation of the provisions of the RA 9775
or the Anti-Child Pornography Act of 2009, RA 10175 or the Cybercrime
Prevention Act of 2012, and RA 7610 or the Special Protection of Children Against
Abuse, Exploitation and Discrimination Act, Esquivel said.

“This commendable accomplishment is attributed to the collaborative efforts of

all those involved in the major police operation. The PNP, as the prime law
enforcement agency of the land, is committed to protecting those who are
victims of all kinds of abuses, especially our young children who are the future
leaders of our country,” he said.

Esquivel also cited the support of DSWD-13, the Department of Justice through
the Regional Inter-Agency Council Against Trafficking 13, the Regional Anti-
Trafficking Task Force 13, International Justice Mission, an NGO, the Australian
Federal Police, and the Justice, Peace, and Integrity of Creation - Integrated
Development Center, Inc. during the operation.

“I encourage all the people of Caraga to help us in the prevention of crimes and
ensuring peace and order in the region by immediately reporting to your nearest
police station any criminal activities in your locality. Rest assured that your
identity will be kept confidential and anonymous,” Esquivel said. (PNA)
 FINES
• Republic Act 10175 of the Cybercrime Prevention Act of 2012 does not only define cybersex but
also prohibits its commission. When a person willfully engages in acts of lascivious exhibition of
his/ her sexual organs using webcams for monetary gain given by the audience, then the act
becomes a violation of this special law. Under this law, the penalty is prision mayor or a fine of at
least Two Hundred Thousand Pesos (P200,000.00) but not exceeding One Million Pesos
(P1,000,000.00).
• Before the Cybercime Prevention Act, there were the Anti-Trafficking of Persons of 2003 (R.A.
9208) and Expanded Anti-Trafficking in Persons of 2012 (R.A. 10364) but these laws do not cover all
circumstances and situations. RA 10175 seeks to cover all acts committed through the use of
information technology or by whatever means of a person engaged in real or simulated sexual
activities. The use of the word in “favor” for a consideration suggests that the perpetrator cannot
use the defense that no money was paid if the act itself was done on the grounds that the victim
will be nonetheless paid.
• Is it still the crime of cybersex when two consenting adults do such act online?
• No. In the case of Disini et al. v Secretary of Justice (G.R. No. 203335, February 11, 2014), the Court
is clear that “the understanding of those who drew up the cybercrime law is that the element
of ‘engaging in a business’ is necessary to constitute the illegal cybersex. The Act actually seeks to
punish cyber prostitution, white slave trade, and pornography for favor and consideration. This
includes interactive prostitution and pornography, i.e., by webcam.” Therefore, based from this,
when two consenting adults (most likely lovers), perform such acts online at their private abode,
then the same is not punishable provided that there is no consideration for such.