Biraogo v. NBI

EN BANC

[G.R. No. 203299. January 22, 2013.]

LOUIS "BAROK" C. BIRAOGO, petitioner, vs. NATIONAL BUREAU OF INVESTIGATION AND PHILIPPINE NATIONAL POLICE, respondents.

[G.R. No. 203306. January 22, 2013.]

ALAB NG MAMAMAHAYAG [ALAM], ET AL., petitioners, vs. OFFICE OF THE PRESIDENT, REPRESENTED BY PRESIDENT BENIGNO SIMEON AQUINO III, ET AL., respondents.

[G.R. No. 203335. January 22, 2013.]

JOSE JESUS M. DISINI, JR., ET AL., petitioners, vs. SECRETARY OF JUSTICE, ET AL., respondents.

[G.R. No. 203359. January 22, 2013.]

SENATOR TEOFISTO DL GUINGONA III, petitioners, vs. THE EXECUTIVE SECRETARY, ET AL., respondents.

[G.R. No. 203378. January 22, 2013.]

ALEXANDER ADONIS, ET AL., petitioners, vs. THE EXECUTIVE SECRETARY, ET AL., respondents.

[G.R. No. 203391. January 22, 2013.]

HON. RAYMOND V. PALATINO, ET AL., petitioners, vs. HON. PAQUITO N. OCHOA, JR., IN HIS CAPACITY AS EXECUTIVE SECRETARY, ET AL., respondents.

[G.R. No. 203407. January 22, 2013.]

BAGONG ALYANSANG MAKABAYAN SECRETARY GENERAL RENATO M. REYES JR., ET AL., petitioners, vs. HIS EXCELLENCY BENIGNO SIMEON AQUINO III, PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, ET AL., respondents.

[G.R. No. 203440. January 22, 2013.]

MELENCIO S. STA. MARIA, ET AL., petitioners, vs. HON. PAQUITO N. OCHOA, JR., IN HIS CAPACITY AS EXECUTIVE SECRETARY, ET AL., respondents.

[G.R. No. 203453. January 22, 2013.]

NATIONAL UNION OF JOURNALISTS OF THE PHILIPPINES, ET AL., petitioners, vs. THE EXECUTIVE SECRETARY, ET AL., respondents.

[G.R. No. 203454. January 22, 2013.]

PAUL CORNELIUS T. CASTILLO, ET AL., petitioners, vs. THE SECRETARY OF JUSTICE, ET AL., respondents.

[G.R. No. 203469. January 22, 2013.]

ANTHONY IAN M. CRUZ, ET AL., petitioners, vs. HIS EXCELLENCY BENIGNO S. AQUINO III, IN HIS CAPACITY AS PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, ET AL., respondents.

[G.R. No. 203501. January 22, 2013.]

PHILIPPINE BAR ASSOCIATION, INC., petitioner, vs. HIS EXCELLENCY BENIGNO S. AQUINO III, IN HIS OFFICIAL CAPACITY AS PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, ET AL., respondents.

[G.R. No. 203509. January 22, 2013.]

BAYAN MUNA REPRESENTATIVE NERI J. COLMENARES, petitioner, vs. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., respondent.

[G.R. No. 203515. January 22, 2013.]

NATIONAL PRESS CLUB OF THE PHILIPPINES, INC., petitioner, vs. OFFICE OF THE PRESIDENT, ET AL., respondents.

[G.R. No. 203518. January 22, 2013.]

PHILIPPINE INTERNET FREEDOM ALLIANCE, ET AL., petitioners, vs. THE EXECUTIVE SECRETARY, ET AL., respondents.

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution dated JANUARY 22, 2013, which reads as follows:

"G.R. No. 203299(Louis "Barok" C. Biraogo vs. National Bureau of Investigation and Philippine National Police); G.R. No. 203306(Alab ng Mamamahayag [ALAM], et al. vs. Office of the President, represented by President Benigno Simeon Aquino III, et al.); G.R. No. 203335(Jose Jesus M. Disini, Jr., et al. vs. Secretary of Justice, et al.); G.R. No. 203359(Senator Teofisto DL Guingona III vs. The Executive Secretary, et al.); G.R. No. 203378(Alexander Adonis, et al. vs. The Executive Secretary, et al.); G.R. No. 203391(Hon. Raymond V. Palatino, et al. vs. Hon. Paquito N. Ochoa, Jr., in his capacity as Executive Secretary, et al.); G.R. No. 203407(Bagong Alyansang Makabayan Secretary General Renato M. Reyes Jr., et al. vs. His Excellency Benigno Simeon Aquino III, President of the Republic of the Philippines, et al.); G.R. No. 203440(Melencio S. Sta. Maria, et al. vs. Hon. Paquito N. Ochoa, Jr., in his capacity as Executive Secretary, et al.); G.R. No. 203453(National Union of Journalists of the Philippines, et al. vs. The Executive Secretary, et al.); G.R. No. 203454(Paul Cornelius T. Castillo, et al. vs. The Secretary of Justice, et al.); G.R. No. 203469(Anthony Ian M. Cruz, et al. vs. His Excellency Benigno S. Aquino III, in his capacity as President of the Republic of the Philippines, et al.); G.R. No. 203501(Philippine Bar Association, Inc. vs. His Excellency Benigno S. Aquino III, in his official capacity as President of the Republic of the Philippines, et al.); G.R. No. 203509(Bayan Muna Representative Neri J. Colmenares vs. Executive Secretary Paquito N. Ochoa, Jr.); G.R. No. 203515(National Press Club of the Philippines, Inc. vs. Office of the President, et al.); and G.R. No. 203518(Philippine Internet Freedom Alliance, et al. vs. The Executive Secretary, et al.). —

RESOLUTION

The Court Resolves to DENY the Motion for Leave of Court to File Petition-in-Intervention dated January 11, 2013 filed by proposed intervenors Ephraim Hans Manzano Ocampo, et al. The issues and arguments raised by them, as internet users and online social-media account holders, assailing the constitutionality of R.A. 10175 1 provisions are substantially the same as those raised by the petitioners in the above consolidated petitions, hence their interests are amply represented by the filed petitions even without their intervention. Moreover, the petitioners have already presented their arguments last Tuesday, January 15, 2013, and it is now the State's turn to argue their case before the Court. Allowing this intervention will thus, not only be superfluous, but will unduly delay the proceedings. 2

The Court further Resolves to:

(a) NOTE WITHOUT ACTION, in view of the above denial, the Petition-in-Intervention dated January 11, 2013 filed by Ocampo, et al.;

(b) NOTE the Appearance of Counsel dated January 4, 2013 filed by Atty. Victor C. Avecilla as counsel for petitioner Louis "Barok" C. Biraogo in G.R. No. 203299 and GRANT his prayer that henceforth, all notices to petitioner Biraogo be sent to him at 115 Mariveles Street, San Jose Village 3, Barangay Biñan, City of Biñan, Province of Laguna; EaIcAS

(c) NOTE the Entry of Appearance dated January 7, 2013 filed by Dean John Paolo Roberto L. A. Villasor as counsel for petitioner Noemi Lardizabal-Dado of the Philippine Internet Freedom Alliance and as co-counsel of the Philippine Internet Freedom Alliance with Attys. Renecio S. Espiritu, Jr. and Kelvin Lester K. Lee in G.R. No. 203518 and GRANT his request that all pertinent notices, pleadings, decisions, resolutions and orders be sent to him at School of Law, University of Negros Occidental-Recoletos, St. Augustine Hall, 51 Lizares Avenue, 6100 Bacolod City;

(d) NOTE the Manifestation dated January 17, 2013 filed by the respondents and the Office of the Solicitor General in compliance with the Court's directive during the oral argument on January 15, 2012, stating that the lawyers for both Houses of Congress have informed the OSG that they will not argue for the constitutionality of Section 19 during the continuation of the oral argument; and

(e) NOTE the Substitution of Handling Counsel with Notice of Change of Address dated January 15, 2012 filed by Atty. Ricardo A. Sunga III, Regional Coordinator for Metro Manila, Free Legal Assistance Group (FLAG), stating that FLAG continues to be the counsel for petitioners in G.R. No. 203453 and for this purpose, Atty. Sunga will substitute as handling counsel, vice Atty. Theodore O. Te, and GRANT Atty. Sunga's request that all orders, resolutions and pertinent processes be addressed to him at Unit 408 ACL Suites, 72 13th Avenue, Cubao Quezon City.

Moreover, on motion of the Solicitor General, the Court Resolves to RESET the oral arguments that had been scheduled for today to January 29, 2013, at 2:00 p.m., same venue, in order to allow the Solicitor General to personally attend to a matter of national importance." Velasco, Jr., J., no part. Brion, J., on official leave. Perlas-Bernabe, J., no part. (adv1) DSETcC

Very truly yours,

 

(SGD.) ENRIQUETA E. VIDALClerk of Court

 

Footnotes

1. Cybercrime Prevention Act of 2012.

2. Rules of Court, Section 1, Rule 19.