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SECRETARY OF JUSTICE In February 2013, the Supreme Court extended the duration of a
G.R. No. 203335 temporary restraining order against the government to halt enforcement of
the Act until the adjudication of the issues.
“Cybersecurity refers to the collection of tools, policies, risk
The Supreme Court of Philippines declared Sections 4(c)(3), 12, and 19 of management approaches, actions, training, best practices, assurance and
the Cybercrime Prevention Act of 2012 as unconstitutional. It held that technologies that can be used to protect cyber environment and organization
Section 4(c)(3) violated the right to freedom of expression by prohibiting the and user’s assets. This definition serves as the parameters within which
electronic transmission of unsolicited commercial communications. It found CICC should work in formulating the cybersecurity plan.”
Section 12 in violation of the right to privacy because it lacked sufficient
specificity and definiteness in collecting real-time computer data. It struck ISSUE
down Section 19 of the Act for giving the government the authority to restrict  W/N The CICC is constitutional for it to operate under delegated
or block access to computer data without any judicial warrant. powers by Congress

FACTS OF THE CASE  YES. “In order to determine whether there is undue delegation of
These consolidated petitions seek to declare several provisions of legislative power, the Court has adopted two tests: the completeness
R.A. 10175, known as The Cybercrime Prevention Act of 2012 test and the sufficient standard test. Under the first test, the law must
unconstitutional and void. This case holds a handful of petitions seeking the be complete in all its terms and conditions when it leaves the
removal of different sections deemed to be infringing on privacy rights and legislature such that when it reaches the delegate, the only thing he
more. will have to do is to enforce it.1avvphi1 The second test mandates
For this instance, the focus is the creation of the “Cybercrime adequate guidelines or limitations in the law to determine the
Investigation and Coordinating Center” which, in the same breath, boundaries of the delegate’s authority and prevent the delegation
promulgates powers and functions to the agents of the said center. from running riot.103
“Petitioners mainly contend that Congress invalidly delegated its power
when it gave the Cybercrime Investigation and Coordinating Center (CICC) Here, the cybercrime law is complete in itself when it directed the
the power to formulate a national cybersecurity plan without any sufficient CICC to formulate and implement a national cybersecurity plan.
standards or parameters for it to follow.” Also, contrary to the position of the petitioners, the law gave
sufficient standards for the CICC to follow when it provided a
The case arises out of consolidated petitions to the Supreme Court of definition of cybersecurity.”
the Philippines on the constitutionality of several provisions of the
Cybercrime Prevention Act of 2012, Act No. 10175.
The Petitioners argued that even though the Act is the government’s R.A. 10175
platform in combating illegal cyberspace activities, 21 separate sections of Sec. 24. Cybercrime Investigation and Coordinating Center.–
the Act violate their constitutional rights, particularly the right to freedom of There is hereby created, within thirty (30) days from the
expression and access to inforamtion. 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.


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.