Disini v. Secretary of Justice

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DISINI v. SECRETARY OF JUSTICE G.R. No. 203335 DIGEST BY: Belle Cabal Submitted: 24 September 2016 FACTS OF THE CASE These consolidated petitions seek to declare several provisions of R.A. 10175, known as The Cybercrime Prevention Act of 2012 unconstitutional and void. This case holds a handful of petitions seeking the removal of different sections deemed to be infringing on privacy rights and more. For this instance, the focus is the creation of the “Cybercrime Investigation and Coordinating Center” which, in the same breath, promulgates powers and functions to the agents of the said center. “Petitioners mainly contend that Congress invalidly delegated its power when it gave the Cybercrime Investigation and Coordinating Center (CICC) the power to formulate a national cybersecurity plan without any sufficient standards or parameters for it to follow.” “Cybersecurity refers to the collection of tools, policies, risk management approaches, actions, training, best practices, assurance and technologies that can be used to protect cyber environment and organization and user’s assets. This definition serves as the parameters within which CICC should work in formulating the cybersecurity plan.” 

ISSUE W/N The CICC is constitutional for it to operate under delegated powers by Congress HELD YES. “In order to determine whether there is undue delegation of legislative power, the Court has adopted two tests: the completeness test and the sufficient standard test. Under the first test, the law must be complete in all its terms and conditions when it leaves the legislature such that when it reaches the delegate, the only thing he will have to do is to enforce it.1avvphi1 The second test mandates adequate guidelines or limitations in the law to determine the boundaries of the delegate’s authority and prevent the delegation from running riot.103 Here, the cybercrime law is complete in itself when it directed the CICC to formulate and implement a national cybersecurity plan. Also, contrary to the position of the petitioners, the law gave sufficient standards for the CICC to follow when it provided a definition of cybersecurity.” IMPORTANT LAWS/STATUTES/PROVISIONS/SECTIONS R.A. 10175 Sec. 24. Cybercrime Investigation and Coordinating Center.– There is hereby created, within thirty (30) days from the effectivity of this Act, an inter-agency body to be known as the Cybercrime Investigation and Coordinating Center (CICC), under the administrative supervision of the

Office of the President, for policy coordination among concerned agencies and for the formulation and enforcement of the national cybersecurity plan. Sec. 26. Powers and Functions.– The CICC shall have the following powers and functions: (a) To formulate a national cybersecurity plan and extend immediate assistance of real time commission of cybercrime offenses through a computer emergency response team (CERT); x x x. 

Art. 1, Sec. 6 PHILIPPINE CONSTITUTION Sec 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

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