Defanging libel

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THE PETITION by vice presidential candidate Walden Bello to strike libel and cyber-libel down as unconstitutional remains pending at the Supreme Court.

Bello’s legal counsel petitioned the SC on Dec. 5, 2023, to declare articles 353 to 355 of the Revised Penal Code on Libel and Section 4(c)(4) of Republic Act No. 10175 or the Cybercrime Prevention Act of 2012

The petition cited that the provisions violate Section 4, Article III of the Bill of Rights, which reads, “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

Estrella Elamparo, one of Bello’s legal counsels, told the media in Le Cafe Rotunda on Monday, Feb. 26 that the team has yet to receive any notice from the Supreme Court regarding their petition.

“Ang balak natin ay yung mga recent orders denying our motion to suspend proceedings, isasubmit natin yan sa Korte Suprema bilang patunay na magtutuloy itong kasong ito,” Elamparo said referring to the two counts of OLEHO ¿OHG DJDLQVW %HOOR

She added their team will apply for injunctive relief to suspend the libel case in the Regional Trial Court in Davao as the issue of constitutionality [of liEHO@ KDV WR EH UHVROYHG ¿UVW

RPCon Libel Articles 353- 35 and Section 4(c)(4) of R.A. 10175 on cyber-libel, according to Elamparo, bring a “chilling effect” and instill fear in those who will engage political dissent.

Once decriminalized, those serving jail terms will be freed of their conviction, ““Hindi lamang sa kaso ni Prof. Walden but sa lahat ng mga naisampa at pending na kaso,” Elamparo said.

Bello said it has become a “weapon of choice in terms of silencing criticism of dissent” as he mainWDLQHG WKDW SXEOLF RI¿FLDOV “should be open to criticism and not have an onion skin.”

The professor is con¿GHQW RI WKH VXSSRUW IURP the Davaoeños as he faces D F\EHU OLEHO FKDUJH ¿OHG against him by former Davao City information RI¿FHU -HIU\ 7XSDV

He believes most of the common people in Davao will support him as they do not want the “politicization and weaponization of cyber libel.”

The trial for Bello

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