Republic of the Philippines

Supreme Court
Manila En Banc
LOUIS BAROK C. BIRAOGO,

Petitioner,
G.R. No. 203299 (consolidating G.R. Nos. 203306, 203335, 203359, 203378, 203391, 203407, 203440, 203453, 203454, 203469, 203501, 203509, 203515, 203518, per Resolution dated October 9, 2012)

- versus

NATIONAL BUREAU OF INVESTIGATION and PHILIPPINE NATIONAL POLICE, NATIONAL UNION OF JOURNALISTS OF G.R. No. 203453 THE PHILIPPINES (NUJP), PHILIPPINE PRESS INSTITUTE (PPI), CENTER FOR MEDIA FREEDOM AND RESPONSIBILITY, MELINDA QUINTOS-DE JESUS, ROWENA CARRANZA PARAAN, ALWYN ALBURO, ARIEL SEBELLINO AND THE PETITIONERS IN THE e-PETITION http://www.nujp.org/noto-ra10175/ Petitioners, - versus THE EXECUTIVE SECRETARY, ET AL., Respondents. x ---------------------------------------------------------------x

RECUSATION
PETITIONERS in G.R. No. 203453,1 by counsel, respectfully seek the voluntary recusation of Associate Justice Presbitero Velasco Jr. from participation in this consolidated case for the following reasons: 1. The fifteen petitions challenging the constitutionality of Republic Act NO. 10175, now more popularly known as the Cybercrimes Act, have been consolidated by the Court in its October 9, 2012 Resolution. Earlier, during its en banc session of October 2, 2012, this Court had assigned the then-seven petitions to Senior Associate Justice Presbitero Velasco Jr., who will write the Decision for the Court to consider.2 2. Among the objections raised to the continued existence of Republic Act No. 10157 is section 4(c)(4) criminalizing libel as a cybercrime and, which taken together with section 6, increases the penalty provided by the Revised Penal Code by one degree. Among other arguments given, it is almost uniformly argued by all the petitions that the provision on cyberlibel violates the right to free expression and, in particular reference to petitioner who are members of the press, the freedom of the press. Necessarily, any resolution of these petitions, on the merits, would require a consideration of the libel provision of the Cybercrimes Act. 3. It is public knowledge, and particularly a matter of judicial knowledge, that Associate Justice Presbitero Velasco Jr. filed two libel cases against multiawarded journalist, best-selling author and Editor-at-large of Rappler, Marites Daguilan-Vitug before the Regional Trial Court of Manila for libel. Initially, Justice Velasco had brought thirteen counts of libel before the prosecutors office, alleging one offense for each day of publication under the multiple publication rule;3 these eventually were filed as two (2) Informations in court based on the number of publicationstwoand not on the number of days they were left standing on the website of ABS-CBN news online.

Reference to Petitioners shall be to the named petitioners in this Petition and the 20 organizations and 253 individuals who have signed the e-Petition, accessible at http://www.nujp.org/no-to-ra10175; last accessed on October 13, 2012, 11:50 PM. 2 See SC won't stop cyber law implementation by Edu Punay; accessible at http://www.philstar.com/social-medianewsroom/article.aspx?articleId=855357&publicationSubCategoryId=63; last accessed on October 13, 2012, 11:00 PM. Justice Velascos proposed ponencia will, of course, be subject to an initial vote as to whether it will carry a majority of the Court; for this reason, it is a Decision subject to consideration of the Court until it carries a majority vote. 3 See Veteran journalist Vitug answers SC justices libel raps by Sophia M. Dedace; accessible at http://www.gmanetwork.com/news/story/189458/news/nation/veteran-journalist-vitug-answers-scjustice-s-libel-raps; last accessed on October 13, 2012, 10:45 PM.

3 4. While the two libel suits against Ms. Daguilan-Vitug have been withdrawn by Justice Velasco, it is nonetheless essential to put on record that, in recent history (or perhaps in all of Philippine history), Justice Velasco is the only sitting Associate Justice to have used the provisions on libel under the Revised Penal Code against a member of the press. The importance of this fact cannot be gainsaid because: (a) as an incumbent Associate Justice at the time the complaints were filed and as a former Underscretary of the Department of Justice and a former Court Administrator, Justice Velasco clearly enjoyed a position of ascendancy over judges as well as prosecutors, and (b) the suits were filed in connection with stories that ran onlinea question that is directly posed by the fifteen petitions challenging the Cybercrimes Act. 5. That Justice Velasco has sued Ms. Ms. Daguilan-Vitug for libel clearly shows his pre-disposition on this issue. By availing himself of the remedy of criminal prosecution for libel against a member of the press for an online publication, Justice Velasco has indicated that he sees nothing inherently wrong about libel, in general, or cyberlibel, in particular. 6. Petitioners have raised questions against Republic Act No. 10175 that are compelling and imbued with great public interest and, for this reason, deserve to have those issues viewed through the lens of utter impartiality. Justice Velasco has, by his previous conduct, indicated that he is unable to view at least one of the issuesthat on cyberlibelthrough that lens. 7. While recusation is addressed primarily to the sound discretion of the particular judge and, under the circumstances presented in this case, cannot be compelled, petitioners respectfully submit that recusation by Justice Velasco is warranted. It is, thus, most respectfully sought. WHEREFORE, it is respectfully submitted that, under the circumstances narrated above, Associate Justice Presbitero Velasco Jr., who is the assigned

ponente, does not sit with the cold, neutrality of a dispassionate judge in relation to
the provisions of sections 4(c)(4) vis--vis section 6 of Republic Act No. 10175 as shown by his previous acts of filing libel complaints against a member of the press arising from content arising from an online publication. For this reason, petitioners respectfully now pray for the VOLUNTARY RECUSATION of Associate Justice Presbitero Velasco Jr. from further participation in this case; in this connection, upon his recusation, it is further respectfully prayed that this case be raffled off and assigned to another member of this Court as

ponente.

All other just and equitable reliefs are also prayed for. Quezon City for The City of Manila; 15 October 2012.

FREE LEGAL ASSISTANCE GROUP (FLAG)

Counsel for Petitioners in G.R. No. 203453 Room 201, Malcolm Hall, University of the Philippines Diliman, Quezon City JOSE MANUEL I. DIOKNO PABLITO V. SANIDAD RICARDO A. SUNGA III THEODORE O. TE BY:

THEODORE O. TE
PTR No. 4610200, 1/7/11, QC IBP No.848002, 1/10/11, Makati MCLE Exemption III-000942 Tel. No. 9205514, local 405; Mobile: +(63) 917-5202295 Email: theodore.te@gmail.com

VERIFICATION WE, ROWENA CARRANZA PARAAN, and ARIEL SEBELLINO, all of legal age, Filipino citizens and Netizens, do hereby state under oath that: they are among the petitioners who have caused this Motion to be prepared; they have read and understood all the allegations and affirm that all the factual averments are true and correct, to the best of their own personal knowledge and based on authentic records at hand. TO THE TRUTH OF THE FOREGOING, they have signed this Verification and Certification this 15 day of October 2012.

ARIEL SEBELLINO TIN # _______________________ Issued on/at _________________

ROWENA CARRANZA PARAAN TIN # _______________________ Issued on/at _________________

SUBSCRIBED AND SWORN TO before me this 15th day of October 2012, affiants having presented to me competent proof of identity as indicated above. Doc. No. Page No. Book No. Series of 2012.

Copy furnished: THE EXECUTIVE SECRETARY Malacanang Palace, Manila THE SECRETARY OF JUSTICE Department of Justice Padre Faura Street, Ermita, Manila THE SECRETARY OF THE INTERIOR AND LOCAL GOVERNMENT Department of the Interior and Local Government A. Francisco Gold Condominium II EDSA corner Mapagmahal Street Quezon City THE DIRECTOR GENERAL PHILIPPINE NATIONAL POLICE Headquarters, Philippine National Police, Camp Crame, Quezon City THE DIRECTOR, NATIONAL BUREAU OF INVESTIGATION Headquarters, National Bureau of Investigation, Taft Avenue, Manila THE CYBERCRIME INVESTIGATION AND COORDINATING CENTER c/o The Executive Director, Information and Communications Technology Office NCC Building, C.P. Garcia Avenue Diliman, Quezon City THE SOLICITOR GENERAL 134 Amorsolo Street, Legaspi Village Makati City ATTY. LOUIS BIRAOGO c/o Our Beverly Village Trucking Corporation, No. 131 Banay-Banay Street Cabuyao, Laguna ATTYS. BEVERLY CATALUNA CAUSING, CIRILO P. SABARRE JR. and DERVIN V. CASTRO RENTA PE CAUSING SABARRE CASTRO & ASSOCIATES Unit 1, 2368 JB Roxas Street corner Leon Guinto Street, Malate, Manila

DISINI & DISINI LAW OFFICE 320 Philippine Social Science Center, Commonwealth Avenue, Diliman, Quezon City ATTYS. ALEX O. AVISADO JR., RAYMOND M. CAJUCOM, RONALD MICHEL R. UBANA, MARIA CRISTINA B. GARCIA GANA ATIENZA & AVISADO LAW OFFICES 3rd Floor, HPL Building, No, 60 Sen. Gil J. Puyat Avenue, Makati City ATTYS. H. HARRY L. ROQUE JR., ROMEL REGALADO BAGARES and GILBERT TERUEL ANDRES ROQUE & BUTUYAN LAW OFFICES 1904 Antel 2000 Corporate Center, 121 Valero Street, Salcedo Village, Makati City ATTYS. JULIUS GARCIA MATIBAG, CARLOS ISAGANI ZARATE, GREGORIO FABROS and MARIA CRISTINA P. YAMBOT NATIONAL UNION OF PEOPLES LAWYERS 3rd Floor, Erythrina Building, No. 1 Maaralin corner Matatag Streets, Central District, Quezon City ATTYS. MELENCIO STA. MARIA, SEDFREY CANDELARIA, AMPARITO DELOS SANTOS-STA. MARIA, GILBERT V. SEMBRANO, RYAN JEREMIAH D. QUAN, MARIA PATRICIA R. CERVANTES, RAY PAOLO J. SANTIAGO and NINA PATRICIA SISON-ARROYO Ateneo Human Rights Center Ground Floor, Professional Schools Building, 20 Rockwell Drive, Rockwell Center, Makati City ATTYS. PAUL CORNELIUS CASTILLO and RYAN ANDRES 6th Floor, Tuscan Building 114 V. A. Rufino Street, Makati City ATTY. KRISTOFFER JAMES PURISIMA 6th Floor, LTA Building 118 Perea Street, 1229 Legaspi Village, Makati City

ATTYS. JOSE JESUS M. DISINI JR., ROWENA S. DISINI and LIANNE IVY PASCUA-MEDINA

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ATTYS. RICO LIMPINGCO, ARTHUR ANTHONY ALICER, and MICHELLE ANNE LAPUZ Solis Medina Limpingco and Fajardo Law Offices 1106 East Tower, Philippine Stock Exchange Centre Exchange Road, Ortigas Commercial Center, Pasig City ATTY. EDSEL F. TUPAZ 41 N. Romualdez Street, BF Homes Subdivision 1120 Quezon City ATTY. MICHAEL J. MELLA Santillan-Felix Magbanua and Mella Law office Unit 1106 Prestige Tower, F. Ortigas Road, Ortigas Center, Pasig City ATTY. RENECIO ESPIRITU JR. Guevarra Mendoza and Espiritu Law Offices Suite 602 Richmonde Plaza Hotel 21 San Miguel Avenue, Ortigas Center, Pasig City ATTY. JAMES MARK TERRY L. RIDON 89 K-7th Street, Kamias, Quezon City ATTY. KELVIN LESTER LEE San Juan Tayag Lee and Vergara Law Office Unit 805 Xavierville Square Xavierville Avenue, Quezon City

AFFIDAVIT OF SERVICE I, RUPERT MANGILIT, of legal age, do hereby state under oath that: On (date), I served copies of the Petition in National Union of Journalists of the Philippines, Luis V. Teodoro, Rowena Carranza Paraan, Ariel Sebellino, et al. v. The Executive Secretary, et al. by registered mail on the following, as shown by the respective registry receipt details:
THE EXECUTIVE SECRETARY Malacanang Palace, Manila THE SECRETARY OF JUSTICE Department of Justice, Padre Faura Street, Ermita, Manila THE SECRETARY OF THE INTERIORAND LOCAL GOVERNMENT Department of the Interior and Local Government, A. Francisco Gold Condominium II, EDSA corner Mapagmahal Street, Quezon City THE DIRECTOR GENERAL, PHILIPPINE NATIONAL POLICE Headquarters, Philippine National Police, Camp Crame, Quezon City THE DIRECTOR, NATIONAL BUREAU OF INVESTIGATION Headquarters, National Bureau of Investigation, Taft Avenue, Manila THE CYBERCRIME INVESTIGATION AND COORDINATING CENTER c/o The Executive Director, Information and Communications Technology Office, NCC Building, C.P. Garcia Avenue, Diliman, Quezon City THE SOLICITOR GENERAL 134 Amorsolo Street, Legaspi Village, Makati City ATTY. LOUIS BIRAOGO c/o Our Beverly Village Trucking Corporation, No. 131 Banay-Banay Street Cabuyao, Laguna ATTYS. BEVERLY CATALUNA CAUSING, CIRILO P. SABARRE JR. and DERVIN V. CASTRO RENTA PE CAUSING SABARRE CASTRO & ASSOCIATES Unit 1, 2368 JB Roxas Street corner Leon Guinto Street, Malate, Manila ATTYS. JOSE JESUS M. DISINI JR., ROWENA S. DISINI and LIANNE IVY PASCUA-MEDINA DISINI & DISINI LAW OFFICE 320 Philippine Social Science Center, Commonwealth Avenue, Diliman, Quezon City ATTYS. ALEX O. AVISADO JR., RAYMOND M. CAJUCOM, RONALD MICHEL R. UBANA, MARIA CRISTINA B. GARCIA GANA ATIENZA & AVISADO LAW OFFICES 3rd Floor, HPL Building, No, 60 Sen. Gil J. Puyat Avenue, Makati City ATTYS. H. HARRY L. ROQUE JR., ROMEL REGALADO BAGARES and GILBERT TERUEL ANDRES ROQUE & BUTUYAN LAW OFFICES 1904 Antel 2000 Corporate Center, 121 Valero Street, Salcedo Village, Makati City ATTYS. JULIUS GARCIA MATIBAG, CARLOS ISAGANI ZARATE, GREGORIO FABROS and MARIA CRISTINA P. YAMBOT NATIONAL UNION OF PEOPLES LAWYERS 3rd Floor, Erythrina Building, No. 1 Maaralin corner Matatag Streets, Central District, Quezon City ATTYS. MELENCIO STA. MARIA, SEDFREY CANDELARIA, AMPARITO DELOS SANTOS-STA. MARIA, GILBERT V. SEMBRANO, RYAN JEREMIAH D. QUAN, MARIA PATRICIA R. CERVANTES, RAY PAOLO REG. RECEIPT NO. POST OFFICE: Date: REG. RECEIPT NO. POST OFFICE: Date: REG. RECEIPT NO. POST OFFICE: Date: REG. RECEIPT NO. POST OFFICE: Date: REG. RECEIPT NO. POST OFFICE: Date: REG. RECEIPT NO. POST OFFICE: Date: REG. RECEIPT NO. POST OFFICE: Date: REG. RECEIPT NO. POST OFFICE: Date: REG. RECEIPT NO. POST OFFICE: Date: REG. RECEIPT NO. POST OFFICE: Date:

REG. RECEIPT NO. POST OFFICE: Date: REG. RECEIPT NO. POST OFFICE: Date:

REG. RECEIPT NO. POST OFFICE: Date:

REG. RECEIPT NO. POST OFFICE: Date:

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J. SANTIAGO and NINA PATRICIA SISON-ARROYO Ateneo Human Rights Center, Ground Floor, Professional Schools Building 20 Rockwell Drive, Rockwell Center, Makati City ATTYS. PAUL CORNELIUS CASTILLO and RYAN ANDRES 6th Floor, Tuscan Building, 114 V. A. Rufino Street, Makati City ATTYS. RICO LIMPINGCO, ARTHUR ANTHONY ALICER, and MICHELLE ANNE LAPUZ Solis Medina Limpingco and Fajardo Law Offices 1106 East Tower, Philippine Stock Exchange Centre, Exchange Road, Ortigas Commercial Center, Pasig City ATTY. EDSEL F. TUPAZ 41 N. Romualdez Street, BF Homes Subdivision, 1120 Quezon City ATTY. MICHAEL J. MELLA Santillan-Felix Magbanua and Mella Law office Unit 1106 Prestige Tower, F. Ortigas Road, Ortigas Center, Pasig City ATTY. RENECIO ESPIRITU JR. Guevarra Mendoza and Espiritu Law Offices Suite 602 Richmonde Plaza Hotel 21 San Miguel Avenue, Ortigas Center, Pasig City ATTY. JAMES MARK TERRY L. RIDON 89 K-7th Street, Kamias, Quezon City ATTY. KELVIN LESTER LEE San Juan Tayag Lee and Vergara Law Office Unit 805 Xavierville Square, Xavierville Avenue, Quezon City REG. RECEIPT NO. POST OFFICE: Date: REG. RECEIPT NO. POST OFFICE: Date:

REG. RECEIPT NO. POST OFFICE: Date: REG. RECEIPT NO. POST OFFICE: Date: REG. RECEIPT NO. POST OFFICE: Date: REG. RECEIPT NO. POST OFFICE: Date: REG. RECEIPT NO. POST OFFICE: Date:

Quezon City, __ October 2012. RUPERT MANGILIT TIN # Issued on/at SUBSCRIBED AND SWORN TO before me this __ day of October 2012, affiant having presented to me competent proof of identity as indicated above. Doc. No. Page No. Book No. Series of 2012.