MANILA,
Philippines - Senate minority leader Alan Peter Cayetano vowed to push
for amendments of the now controversial Cybercrime Prevent Act of 2012,
which punitive provisions are being questioned by some sectors in the
Supreme Court (SC).
Also a lawyer, Cayetano said the courts deals with the legalities but not the wisdom.
“A law can be totally unwise. I don’t want to use the word, stupid. A
law can be stupid yet legal. A law can also be very good but illegal or
unconstitutional. What the court can do is assert the constitutionality
but it cannot undo a law or think it is to valid. Legislation is the
solution here,” Cayetano said.
Cayetano said he and his legal staff are studying how to remove the
penal provisions in the cybercrime act as well as the provision on
online libel.
“I am of the opinion that in the same manner that we have supported
the repeal of the penal provisions of libel law, we should move to civil
cases. Hindi kasi puwedeng anyone can just say anything even if it is
slander or it may affect a person,” Cayetano said.
Cayetano said he will push amendments for the new law once Congress resumes October 8.
“Pag may sinabing hindi totoo, civil damages dapat,” he said. “It’s
your right to say that one is a thief, but it is also a right of that
person to protect his name. A civil case can be a healthy compromise,”
Cayetano said.
Cayetano said he is supportive to decriminalize libel and as such
there could be needs to amend the new cybercrime law in the process.
“Right now, I think that is too harsh that libel is already a
criminal case even without the cyber law. What more now it is applied in
the internet,” Cayetano said.
Cayetano lamented that the inclusion of a libel clause in the new law
went unnoticed during the deliberations of the measure in the plenary.
“To be fair to the author, to Sen. Angara and the others, these
reactions weren’t all brought up, at least not this passionately when it
was being discussed,” he said. (