Digital Savannah – Page 2

Reproductive Health Law (Republic Act 10354)

(Updated 12 April 2014) Finally, clarity – ~~and a~~ ~~partial~~ it is a dubious “victory” for all of us, as the conservative Roman Catholic Church has fucked us all. The RH Law has passed judicial review after legal challenge from Church conservatives. Some sections of the law have been deemed unconstitutional, but the law as a whole preserves support for education, certain public services, and more. However, a closer reading of the sections struck from the law by Atty Carolina Ruiz Austria, indicate that:

The law as it stands today skews the balance of power toward health care providers and away from service users, the majority of whom will likely not have access to alternatives, by allowing providers irrational, religious “conscientious objector” refusal to offer RH care.
By removing the prohibition against service provider requirement for spousal consent, the law in fact diminishes the scope of married women’s freedom to avail of reproductive services. It is an active diminution of women’s freedom by the State.
By removing prohibitions against public officers restricting provision of reproductive health services, it introduces a second irrational influence on policy implementation – political influence – the first being religious objection.

This is a searchable text version of Republic Act 10354, published at The Official Gazette, which was deemed constitutional by the Supreme Court of the Philippines Tuesday, 8 April 2014. Sections of the law deemed unconstitutional (please fetch the official Supreme Court media brief, here [PDF]) are highlighted in red:

Section 7
Section 17
Section 23(a)(1)
Section 23(a)(2)(1)
Section 23(a)(3)
Section 23(b)

S. No. 2865
H. No. 4244

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

[ REPUBLIC ACT NO. 10354 ]

AN ACT PROVIDING FOR A NATIONAL POLICY ON RESPONSIBLE PARENTHOOD AND REPRODUCTIVE HEALTH

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title. – This Act shall be known as “The Responsible Parenthood and Reproductive Health Act of 2012″.

SEC. 2. Declaration of Policy. – The State recognizes and guarantees the human rights of all persons including their right to equality and nondiscrimination of these rights, the right to sustainable human development, the right to health which includes reproductive health, the right to education and information, and the right to choose and make decisions for themselves in accordance with their religious convictions, ethics, cultural beliefs, and the demands of responsible parenthood.

Pursuant to the declaration of State policies under Section 12, Article II of the 1987 Philippine Constitution, it is the duty of the State to protect and strengthen the family as a basic autonomous social institution and equally protect the life of the mother and the life of the unborn from conception. The State shall protect and promote the right to health of women especially mothers in particular and of the people in general and instill health consciousness among them. The family is the natural and fundamental unit of society. The State shall likewise protect and advance the right of families in particular and the people in general to a balanced and healthful environment in accord with the rhythm and harmony of nature. The State also recognizes and guarantees the promotion and equal protection of the welfare and rights of children, the youth, and the unborn.

Moreover, the State recognizes and guarantees the promotion of gender equality, gender equity, women empowerment and dignity as a health and human rights concern and as a social responsibility. The advancement and protection of women’s human rights shall be central to the efforts of the State to address reproductive health care.

The State recognizes marriage as an inviolable social institution and the foundation of the family which in turn is the foundation of the nation. Pursuant thereto, the State shall defend:

(a) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;

(b) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development;

(d) The right of families or family associations to participate in the planning and implementation of policies and programs

The State likewise guarantees universal access to medically-safe, non-abortifacient, effective, legal, affordable, and quality reproductive health care services, methods, devices, supplies which do not prevent the implantation of a fertilized ovum as determined by the Food and Drug Administration (FDA) and relevant information and education thereon according to the priority needs of women, children and other underprivileged sectors, giving preferential access to those identified through the National Household Targeting System for Poverty Reduction (NHTS-PR) and other government measures of identifying marginalization, who shall be voluntary beneficiaries of reproductive health care, services and supplies for free. ■ •

The State shall eradicate discriminatory practices, laws and policies that infringe on a person’s exercise of reproductive health rights.

The State shall also promote openness to life; Provided, That parents bring forth to the world only those children whom they can raise in a truly humane way.

SEC. 3. Guiding Principles for Implementation. – This Act declares the following as guiding principles:

(a) The right to make free and informed decisions, which is central to the exercise of any right, shall not be subjected to any form of coercion and must be fully guaranteed by the State, like the right itself;

(b) Respect for protection and fulfillment of reproductive health and rights which seek to promote the rights and welfare of every person particularly couples, adult individuals, women and adolescents;

(c) Since human resource is among the principal assets of the country, effective and quality reproductive health care services must be given primacy to ensure maternal and child health, the health of the unborn, safe delivery and birth of healthy children, and sound replacement rate, in line with the State’s duty to promote the right to health, responsible parenthood, social justice and full human development;

(d) The provision of ethical and medically safe, legal, accessible, affordable, non-abortifacient, effective and quality reproductive health care services and supplies is essential in the promotion of people’s right to health, especially those of women, the poor, and the marginalized, and shall be incorporated as a component of basic health care;

(e) The State shall promote and provide information and access, without bias, to all methods of family planning, including effective natural and modern methods which have been proven medically safe, legal, non-abortifacient, and effective in accordance with scientific and evidence-based medical research standards such as those registered and approved by the FDA for the poor and marginalized as identified through the NHTS-PR and other government measures of identifying marginalization: Provided, That the State shall also provide funding support to promote modern natural methods of family planning, especially the Billings Ovulation Method, consistent with the needs of acceptors and their religious convictions;

(f) The State shall promote programs that: (1) enable individuals and couples to have the number of children they desire with due consideration to the health, particularly of women, and the resources available and affordable to them and in accordance with existing laws, public morals and their religious convictions: Provided, That no one shall be deprived, for economic reasons, of the rights to have children; (2) achieve equitable allocation and utilization of resources; (3) ensure effective partnership among national government, local government units (LGUs) and the private sector in the design, implementation, coordination, integration, monitoring and evaluation of people-centered programs to enhance the quality of life and environmental protection; (4) conduct studies to analyze demographic trends including demographic dividends from sound population policies towards sustainable human development in keeping with the principles of gender equality, protection of mothers and children, born and unborn and the promotion and protection of women’s reproductive rights and health; and (5) conduct scientific studies to determine the safety and efficacy of alternative medicines and methods for reproductive health care development;

(g) The provision of reproductive health care, information and supplies giving priority to poor beneficiaries as identified through the NHTS-PR and other government measures of identifying marginalization must be the primary responsibility of the national government consistent with its obligation to respect, protect and promote the right to health and the right to life;

(h) The State shall respect individuals’ preferences and choice of family planning methods that are in accordance with their religious convictions and cultural beliefs, taking into consideration the State’s obligations under various human rights instruments;

(i) Active participation by nongovernment organizations (NGOs), women’s and people’s organizations, civil society, faith-based organizations, the religious sector and communities is crucial to ensure that reproductive health and population and development policies, plans, and programs will address the priority needs of women, the poor, and the marginalized;

(j) While this Act recognizes that abortion is illegal and punishable by law, the government shall ensure that all women needing care for post-abortive complications and all other complications arising from pregnancy, labor and delivery and related issues shall be treated and counseled in a humane, nonjudgmental and compassionate manner in accordance with law and medical ethics;

(k) Each family shall have the right to determine its ideal family size: Provided, however, That the State shall equip each parent with the necessary information on all aspects of family life, including reproductive health and responsible parenthood, in order to make that determination;

(l) There shall be no demographic or population targets and the mitigation, promotion and/or stabilization of the population growth rate is incidental to the advancement of reproductive health;

(m) Gender equality and women empowerment are central elements of reproductive health and population and development;

(n) The resources of the country must be made to serve the entire population, especially the poor, and allocations thereof must be adequate and effective: Provided, That the life of the unborn is protected;

(o) Development is a multi-faceted process that calls for the harmonization and integration of policies, plans, programs and projects that seek to uplift the quality of life of the people, more particularly the poor, the needy and the marginalized; and

(p) That a comprehensive reproductive health program addresses the needs of people throughout their life cycle.

SEC. 4. Definition of Terms. – For the purpose of this Act, the following terms shall be defined as follows:

(a) Abortifacient refers to any drug or device that induces abortion or the destruction of a fetus inside the mother’s womb or the prevention of the fertilized ovum to reach and be implanted in the mother’s womb upon determination of the FDA.

(b) Adolescent refers to young people between the ages of ten (10) to nineteen (19) years who are in transition from childhood to adulthood.

(c) Basic Emergency Obstetric and Newborn Care (BEMONC) refers to lifesaving services for emergency maternal and newborn conditions/complications being provided by a health facility or professional to include the following services: administration of parenteral oxytocic drugs, administration of dose of parenteral anticonvulsants, administration of parenteral antibiotics, administration of maternal steroids for preterm labor, performance of assisted vaginal deliveries, removal of retained placental products, and manual removal of retained placenta. It also includes neonatal interventions which include at the minimum: newborn resuscitation, provision of warmth, and referral, blood transfusion where possible.

(d) Comprehensive Emergency Obstetric and Newborn Care (CEMONC) refers to lifesaving services for emergency maternal and newborn conditions/complications as in Basic Emergency Obstetric and Newborn Care plus the provision of surgical delivery (caesarian section) and blood bank services, and other highly specialized obstetric interventions. It also includes emergency neonatal care which includes at the minimum: newborn resuscitation, treatment of neonatal sepsis infection, oxygen support, and antenatal administration of (maternal) steroids for threatened premature delivery.

(e) Family planning refers to a program which enables couples and individuals to decide freely and responsibly the number and spacing of their children and to have the information and means to do so, and to have access to a full range of safe, affordable, effective, non-abortifacient modem natural and artificial methods of planning pregnancy.

(f) Fetal and infant death review refers to a qualitative and in-depth study of the causes of fetal and infant death with the primary purpose of preventing future deaths through changes or additions to programs, plans and policies.

(g) Gender equality refers to the principle of equality between women and men and equal rights to enjoy conditions in realizing their full human potentials to contribute to, and benefit from, the results of development, with the State recognizing that all human beings are free and equal in dignity and rights. It entails equality in opportunities, in the allocation of resources or benefits, or in access to services in furtherance of the rights to health and sustainable human development among others, without discrimination.

(h) Gender equity refers to the policies, instruments, programs and actions that address the disadvantaged position of women in society by providing preferential treatment and affirmative action. It entails fairness and justice in the distribution of benefits and responsibilities between women and men, and often requires women-specific projects and programs to end existing inequalities. This concept recognizes that while reproductive health involves women and men, it is more critical for women’s health.

(i) Male responsibility refers to the involvement, commitment, accountability and responsibility of males in all areas of sexual health and reproductive health, as well as the care of reproductive health concerns specific to men.

(j) Maternal death review refers to a qualitative and in-depth study of the causes of maternal death with the primary purpose of preventing future deaths through changes or additions to programs, plans and policies.

(k) Maternal health refers to the health of a woman of reproductive age including, but not limited to, during pregnancy, childbirth and the postpartum period.

(l) Modern methods of family planning refers to safe, effective, non-abortifacient and legal methods, whether natural or artificial, that are registered with the FDA, to plan pregnancy.

(m) Natural family planning refers to a variety of methods used to plan or prevent pregnancy based on identifying the woman’s fertile days.

(n) Public health care service provider refers to: (1) public health care institution, which is duly licensed and accredited and devoted primarily to the maintenance and operation of facilities for health promotion, disease prevention, diagnosis, treatment and care of individuals suffering from illness, disease, injury, disability or deformity, or in need of obstetrical or other medical and nursing care; (2) public health care professional, who is a doctor of medicine, a nurse or a midwife; (3) public health worker engaged in the delivery of health care services; or (4) barangay health worker who has undergone training programs under any accredited government and NGO and who voluntarily renders primarily health care services in the community after having been accredited to function as such by the local health board in accordance with the guideline’s promulgated by the Department of Health (DOH).

(o) Poor refers to members of households identified as poor through the NHTS-PR by the Department of Social Welfare and Development (DSWD) or any subsequent system used by the national government in identifying the poor.

(p) Reproductive Health (RH) refers to the state of complete physical, mental and social well-being and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes. This implies that people are able to have a responsible, safe, consensual and satisfying sex life, that they have the capability to reproduce and the freedom to decide if, when, and how often to do so. This further implies that women and men attain equal relationships in matters related to sexual relations and reproduction.

(q) Reproductive health care refers to the access to a full range of methods, facilities, services and supplies that contribute to reproductive health and well-being by addressing reproductive health-related problems. It also includes sexual health, the purpose of which is the enhancement of life and personal relations. The elements of reproductive health care include the following:

(1) Family planning information and services which shall include as a first priority making women of reproductive age fully aware of their respective cycles to make them aware of when fertilization is highly probable, as well as highly improbable;

(2) Maternal, infant and child health and nutrition, including breastfeeding;

(3) Proscription of abortion and management of abortion complications;

(4) Adolescent and youth reproductive health guidance and counseling;

(5) Prevention, treatment and management of reproductive tract infections (RTIs), HIV and AIDS and other sexually transmittable infections (STIs);

(6) Elimination of violence against women and children and other forms of sexual and gender-based violence;

(7) Education and counseling on sexuality and reproductive health;

(8) Treatment of breast and reproductive tract cancers and other gynecological conditions and disorders;

(9) Male responsibility and involvement and men’s reproductive health;

(10) Prevention, treatment and management of infertility and sexual dysfunction;

(11) Reproductive health education for the adolescents; and

(12) Mental health aspect of reproductive health care.

(r) Reproductive health care program refers to the systematic and integrated provision of reproductive health care to all citizens prioritizing women, the poor, marginalized and those invulnerable or crisis situations.

(s) Reproductive health rights refers to the rights of individuals and couples, to decide freely and responsibly whether or not to have children; the number, spacing and timing of their children; to make other decisions concerning reproduction, free of discrimination, coercion and violence; to have the information and means to do so; and to attain the highest standard of sexual health and reproductive health: Provided, however, That reproductive health rights do not include abortion, and access to abortifacients.

(t) Reproductive health and sexuality education refers to a lifelong learning process of providing and acquiring complete, accurate and relevant age- and development-appropriate information and education on reproductive health and sexuality through life skills education and other approaches.

(u) Reproductive Tract Infection (RTI) refers to sexually transmitted infections (STIs), and other types of infections affecting the reproductive system.

(v) Responsible parenthood refers to the will and ability of a parent to respond to the needs and aspirations of the family and children. It is likewise a shared responsibility between parents to determine and achieve the desired number of children, spacing and timing of their children according to their own family life aspirations, taking into account psychological preparedness, health status, sociocultural and economic concerns consistent with their religious convictions.

(w) Sexual health refers to a state of physical, mental and social well-being in relation to sexuality. It requires a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having pleasurable and safe sexual experiences, free from coercion, discrimination and violence.

(x) Sexually Transmitted Infection (STI) refers to any infection that may be acquired or passed on through sexual contact, use of IV, intravenous drug needles, childbirth and breastfeeding.

(y) Skilled birth attendance refers to childbirth managed by a skilled health professional including the enabling conditions of necessary equipment and support of a functioning health system, including transport and referral faculties for emergency obstetric care.

(z) Skilled health professional refers to a midwife, doctor or nurse, who has been educated and trained in the skills needed to manage normal and complicated pregnancies, childbirth and the immediate postnatal period, and in the identification, management and referral of complications in women and newborns.

(aa) Sustainable human development refers to bringing people, particularly the poor and vulnerable, to the center of development process, the central purpose of which is the creation of an enabling environment in which all can enjoy long, healthy and productive lives, done in the manner that promotes their rights and protects the life opportunities of future generations and the natural ecosystem on which all life depends.

SEC. 5. Hiring of Skilled Health Professionals for Maternal Health Care and Skilled Birth Attendance. – The LGUs shall endeavor to hire an adequate number of nurses, midwives and other skilled health professionals for maternal health care and skilled birth attendance to achieve an ideal skilled health professional-to-patient ratio taking into consideration DOH targets: Provided, That people in geographically isolated or highly populated and depressed areas shall be provided the same level of access to health care: Provided, further, That the national government shall provide additional and necessary funding and other necessary assistance for the effective implementation of this provision.

For the purposes of this Act, midwives and nurses shall be allowed to administer lifesaving drugs such as, but not limited to, oxytocin and magnesium sulfate, in accordance with the guidelines set by the DOH, under emergency conditions and when there are no physicians available: Provided, That they are properly trained and certified to administer these lifesaving drugs.

SEC. 6. Health Care Facilities. – Each LGU, upon its determination of the necessity based on well-supported data provided by its local health office shall endeavor to establish or upgrade hospitals and facilities with adequate and qualified personnel, equipment and supplies to be able to provide emergency obstetric and newborn care: Provided, That people in geographically isolated or highly populated and depressed areas shall have the same level of access and shall not be neglected by providing other means such as home visits or mobile health care clinics as needed: Provided, further, That the national government shall provide additional and necessary funding and other necessary assistance for the effective implementation of this provision.

SEC. 7. Access to Family Planning. – All accredited public health facilities shall provide a full range of modern family planning methods, which shall also include medical consultations, supplies and necessary and reasonable procedures for poor and marginalized couples having infertility issues who desire to have children: Provided, That family planning services shall likewise be extended by private health facilities to paying patients with the option to grant free care and services to indigents, except in the case of non-maternity specialty hospitals and hospitals owned and operated by a religious group, but they have the option to provide such full range of modern family planning methods: Provided, further, That these hospitals shall immediately refer the person seeking such care and services to another health facility which is conveniently accessible: Provided, finally, That the person is not in an emergency condition or serious case as defined in Republic Act No. 8344.

No person shall be denied information and access to family planning services, whether natural or artificial: Provided, That minors will not be allowed access to modern methods of family planning without written consent from their parents or guardian/s except when the minor is already a parent or has had a miscarriage.

SEC. 8. Maternal Death Review and Fetal and Infant Death Review. – All LGUs, national and local government hospitals, and other public health units shall conduct an annual Maternal Death Review and Fetal and Infant Death Review in accordance with the guidelines set by the DOH. Such review should result in an evidence-based programming and budgeting process that would contribute to the development of more responsive reproductive health services to promote women’s health and safe motherhood.

SEC. 9. The Philippine National Drug Formulary System and Family Planning Supplies. – The National Drug Formulary shall include hormonal contraceptives, intrauterine devices, injectables and other safe, legal, non-abortifacient and effective family planning products and supplies. The Philippine National Drug Formulary System (PNDFS) shall be observed in selecting drugs including family planning supplies that will be included or removed from the Essential Drugs List (EDL) in accordance with existing practice and in consultation with reputable medical associations in the Philippines. For the purpose of this Act, any product or supply included or to be included in the EDL must have a certification from the FDA that said product and supply is made available on the condition that it is not to be used as an abortifacient.

These products and supplies shall also be included in the regular purchase of essential medicines and supplies of all national hospitals: Provided, further, That the foregoing offices shall not purchase or acquire by any means emergency contraceptive pills, postcoital pills, abortifacients that will be used for such purpose and their other forms or equivalent.

SEC. 10. Procurement and Distribution of Family Planning Supplies. – The DOH shall procure, distribute to LGUs and monitor the usage of family planning supplies for the whole country. The DOH shall coordinate with all appropriate local government bodies to plan and implement this procurement and distribution program. The supply and budget allotments shall be based on, among others, the current levels and projections of the following:

(a) Number of women of reproductive age and couples who want to space or limit their children;

(b) Contraceptive prevalence rate, by type of method used; and

Provided, That LGUs may implement its own procurement, distribution and monitoring program consistent with the overall provisions of this Act and the guidelines of the DOH.

SEC. 11. Integration of Responsible Parenthood and Family Planning Component in Anti-Poverty Programs. – A multidimensional approach shall be adopted in the implementation of policies and programs to fight poverty. Towards this end, the DOH shall implement programs prioritizing full access of poor and marginalized women as identified through the NHTS-PR and other government measures of identifying marginalization to reproductive health care, services, products and programs. The DOH shall provide such programs, technical support, including capacity building and monitoring.

SEC. 12. PhilHealth Benefits for Serious .and Life-Threatening Reproductive Health Conditions. – All serious and life-threatening reproductive health conditions such as HIV and AIDS, breast and reproductive tract cancers, and obstetric complications, and menopausal and post-menopausal-related conditions shall be given the maximum benefits, including the provision of Anti-Retroviral Medicines (ARVs), as provided in the guidelines set by the Philippine Health Insurance Corporation (PHIC).

SEC. 13. Mobile Health Care Service. – The national or the local government may provide each provincial, city, municipal and district hospital with a Mobile Health Care Service (MHCS) in the form of a van or other means of transportation appropriate to its terrain, taking into consideration the health care needs of each LGU. The MHCS shall deliver health care goods and services to its constituents, more particularly to the poor and needy, as well as disseminate knowledge and information on reproductive health. The MHCS shall be operated by skilled health providers and adequately equipped with a wide range of health care materials and information dissemination devices and equipment, the latter including, but not limited to, a television set for audio-visual presentations. All MHCS shall be operated by LGUs of provinces and highly urbanized cities.

SEC. 14. Age- and Development-Appropriate Reproductive Health Education. – The State shall provide age- and development-appropriate reproductive health education to adolescents which shall be taught by adequately trained teachers informal and nonformal educational system and integrated in relevant subjects such as, but not limited to, values formation; knowledge and skills in self-protection against discrimination; sexual abuse and violence against women and children and other forms of gender based violence and teen pregnancy; physical, social and emotional changes in adolescents; women’s rights and children’s rights; responsible teenage behavior; gender and development; and responsible parenthood: Provided, That flexibility in the formulation and adoption of appropriate course content, scope and methodology in each educational level or group shall be allowed only after consultations with parents-teachers-community associations, school officials and other interest groups. The Department of Education (DepED) shall formulate a curriculum which shall be used by public schools and may be adopted by private schools.

SEC. 15. Certificate of Compliance. – No marriage license shall be issued by the Local Civil Registrar unless the applicants present a Certificate of Compliance issued for free by the local Family Planning Office certifying that they had duly received adequate instructions and information on responsible parenthood, family planning, breastfeeding and infant nutrition.

SEC. 16. Capacity Building of Barangay Health Workers (BHWs). – The DOH shall be responsible for disseminating information and providing training programs to the LGUs. The LGUs, with the technical assistance of the DOH, shall be responsible for the training of BHWs and other barangay volunteers on the promotion of reproductive health. The DOH shall provide the LGUs with medical supplies and equipment needed by BHWs to carry out their functions effectively: Provided, further, That the national government shall provide additional and necessary funding and other necessary assistance for the effective implementation of this provision including the possible provision of additional honoraria for BHWs.

SEC. 17. Pro Bono Services for Indigent Women. – Private and nongovernment reproductive healthcare service providers including, but not limited to, gynecologists and obstetricians, are encouraged to provide at least forty-eight (48) hours annually of reproductive health services, ranging from providing information and education to rendering medical services, free of charge to indigent and low-income patients as identified through the NHTS-PR and other government measures of identifying marginalization, especially to pregnant adolescents. The forty-eight (48) hours annual pro bono services shall be included as a prerequisite in the accreditation under the PhilHealth.

SEC. 18. Sexual and Reproductive Health Programs for Persons with Disabilities (PWDs). – The cities and municipalities shall endeavor that barriers to reproductive health services for PWDs are obliterated by the following:

(a) Providing physical access, and resolving transportation and proximity issues to clinics, hospitals and places where public health education is provided, contraceptives are sold or distributed or other places where reproductive health services are provided;

(b) Adapting examination tables and other laboratory procedures to the needs and conditions of PWDs;

(c) Increasing access to information and communication materials on sexual and reproductive health in braille, large print, simple language, sign language and pictures;

(d) Providing continuing education and inclusion of rights of PWDs among health care providers; and

(e) Undertaking activities to raise awareness and address misconceptions among the general public on the stigma and their lack of knowledge on the sexual and reproductive health needs and rights of PWDs.

SEC. 19. Duties and Responsibilities. – (a) Pursuant to the herein declared policy, the DOH shall serve as the lead agency for the implementation of this Act and shall integrate in their regular operations the following functions:

(1) Fully and efficiently implement the reproductive health care program;

(2) Ensure people’s access to medically safe, non-abortifacient, legal, quality and affordable reproductive health goods and services; and

(3) Perform such other functions necessary to attain the purposes of this Act.

(b) The DOH, in coordination with the PHIC, as may be applicable, shall:

(1) Strengthen the capacities of health regulatory agencies to ensure safe, high quality, accessible and affordable reproductive health services and commodities with the concurrent strengthening and enforcement of regulatory mandates and mechanisms;

(2) Facilitate the involvement and participation of NGOs and the private sector in reproductive health care service delivery and in the production, distribution and delivery of quality reproductive health and family planning supplies and commodities to make them accessible and affordable to ordinary citizens;

(3) Engage the services, skills and proficiencies of experts in natural family planning who shall provide the necessary training for all BHWs;

(4) Supervise and provide assistance to LGUs in the delivery of reproductive health care services and in the purchase of family planning goods and supplies; and

(5) Furnish LGUs, through their respective local health offices, appropriate information and resources to keep the latter updated on current studies and researches relating to family planning, responsible parenthood, breastfeeding and infant nutrition.

(c) The FDA shall issue strict guidelines with respect to the use of contraceptives, taking into consideration the side effects or other harmful effects of their use.

(d) Corporate citizens shall exercise prudence in advertising its products or services through all forms of media, especially on matters relating to sexuality, further taking into consideration its influence on children and the youth.

SEC. 20. Public Awareness. – The DOH and the LGUs shall initiate and sustain a heightened nationwide multimedia-campaign to raise the level of public awareness on the protection and promotion of reproductive health and rights including, but not limited to, maternal health and nutrition, family planning and responsible parenthood information and services, adolescent and youth reproductive health, guidance and counseling and other elements of reproductive health care under Section 4(q).

Education and information materials to be developed and disseminated for this purpose shall be reviewed regularly to ensure their effectiveness and relevance.

SEC. 21. Reporting Requirements. – Before the end of April each year, the DOH shall submit to the President of the Philippines and Congress an annual consolidated report, which shall provide a definitive and comprehensive assessment of the implementation of its programs and those of other government agencies and instrumentalities and recommend priorities for executive and legislative actions. The report shall be printed and distributed to all national agencies, the LGUs, NGOs and private sector organizations involved in said programs.

The annual report shall evaluate the content, implementation, and impact of all policies related to reproductive health and family planning to ensure that such policies promote, protect and fulfill women’s reproductive health and rights.

SEC. 22. Congressional Oversight Committee on Reproductive Health Act. – There is hereby created a Congressional Oversight Committee (COC) composed of five (5) members each from the Senate and the House of Representatives. The members from the Senate and the House of Representatives shall be appointed by the Senate President and the Speaker, respectively, with at least one (1) member representing the Minority.

The COC shall be headed by the respective Chairs of the Committee on Health and Demography of the Senate and the Committee on Population and Family Relations of the House of Representatives. The Secretariat of the COC shall come from the existing Secretariat personnel of the Senate and the House of Representatives committees concerned.

The COC shall monitor and ensure the effective implementation of this Act, recommend the necessary remedial legislation or administrative measures, and shall conduct a review of this Act every five (5) years from its effectivity. The COC shall perform such other duties and functions as may be necessary to attain the objectives of tins Act.

SEC. 23. Prohibited Acts. – The following acts are prohibited:

(a) Any health care service provider, whether public or private, who shall:

(1) Knowingly withhold information or restrict the dissemination thereof, and/or intentionally provide incorrect information regarding programs and services on reproductive health including the right to informed choice and access to a full range of legal, medically-safe, non-abortifacient and effective family planning methods;

(2) Refuse to perform legal and medically-safe reproductive health procedures on any person of legal age on the ground of lack of consent or authorization of the following persons in the following instances:

(i) Spousal consent in case of married persons: Provided, That in case of disagreement, the decision of the one undergoing the procedure shall prevail; and

(ii) Parental consent or that of the person exercising parental authority in the case of abused minors, where the parent or the person exercising parental authority is the respondent, accused or convicted perpetrator as certified by the proper prosecutorial office of the court. In the case of minors, the written consent of parents or legal guardian or, in their absence, persons exercising parental authority or next-of-kin shall be required only in elective surgical procedures and in no case shall consent be required in emergency or serious cases as defined in Republic Act No. 8344; and

(3) Refuse to extend quality health care services and information on account of the person’s marital status, gender, age, religious convictions, personal circumstances, or nature of work: Provided, That the conscientious objection of a health care service provider based on his/her ethical or religious beliefs shall be respected; however, the conscientious objector shall immediately refer the person seeking such care and services to another health care service provider within the same facility or one which is conveniently accessible: Provided, further, That the person is not in an emergency condition or serious case as defined in Republic Act No. 8344, which penalizes the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency and serious cases;

(b) Any public officer, elected or appointed, specifically charged with the duty to implement the provisions hereof, who, personally or through a subordinate, prohibits or restricts the delivery of legal and medically-safe reproductive health care services, including family planning; or forces, coerces or induces any person to use such services; or refuses to allocate, approve or release any budget for reproductive health care services, or to support reproductive health programs; or shall do any act that hinders the full implementation of a reproductive health program as mandated by this Act;

(c) Any employer who shall suggest, require, unduly influence or cause any applicant for employment or an employee to submit himself/herself to sterilization, use any modern methods of family planning, or not use such methods as a condition for employment, continued employment, promotion or the provision of employment benefits. Further, pregnancy or the number of children shall not be a ground for non-hiring or termination from employment;

(d) Any person who shall falsify a Certificate of Compliance as required in Section 15 of this Act; and

(e) Any pharmaceutical company, whether domestic or multinational, or its agents or distributors, which directly or indirectly colludes with government officials, whether appointed or elected, in the distribution, procurement and/or sale by the national government and LGUs of modern family planning supplies, products and devices.

SEC. 24. Penalties. – Any violation of this Act or commission of the foregoing prohibited acts shall be penalized by imprisonment ranging from one (1) month to six (6) months or a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), or both such fine and imprisonment at the discretion of the competent court: Provided, That, if the offender is a public officer, elected or appointed, he/she shall also suffer the penalty of suspension not exceeding one (1) year or removal and forfeiture of retirement benefits depending on the gravity of the offense after due notice and hearing by the appropriate body or agency.

If the offender is a juridical person, the penalty shall be imposed upon the president or any responsible officer. An offender who is an alien shall, after service of sentence, be deported immediately without further proceedings by the Bureau of Immigration. If the offender is a pharmaceutical company, its agent and/or distributor, their license or permit to operate or conduct business in the Philippines shall be perpetually revoked, and a fine triple the amount involved in the violation shall be imposed.

SEC. 25. Appropriations. – The amounts appropriated in the current annual General Appropriations Act (GAA) for reproductive health and natural and artificial family planning and responsible parenthood under the DOH and other concerned agencies shall be allocated and utilized for the implementation of this Act. Such additional sums necessary to provide for the upgrading of faculties necessary to meet BEMONC and CEMONC standards; the training and deployment of skilled health providers; natural and artificial family planning commodity requirements as outlined in Section 10, and for other reproductive health and responsible parenthood services, shall be included in the subsequent years’ general appropriations. The Gender and Development (GAD) funds of LGUs and national agencies may be a source of funding for the implementation of this Act.

SEC. 26. Implementing Rules and Regulations (IRR). – Within sixty (60) days from the effectivity of this Act, the DOH Secretary or his/her designated representative as Chairperson, the authorized representative/s of DepED, DSWD, Philippine Commission on Women, PHIC, Department of the Interior and Local Government, National Economic and Development Authority, League of Provinces, League of Cities, and League of Municipalities, together with NGOs, faith-based organizations, people’s, women’s and young people’s organizations, shall jointly promulgate the rules and regulations for the effective implementation of this Act. At least four (4) members of the IRR drafting committee, to be selected by the DOH Secretary, shall come from NGOs.

SEC. 27. Interpretation Clause. – This Act shall be liberally construed to ensure the provision, delivery and access to reproductive health care services, and to promote, protect and fulfill women’s reproductive health and rights.

SEC. 28. Separability Clause. – If any part or provision of this Act is held invalid or unconstitutional, the other provisions not affected thereby shall remain in force and effect.

SEC. 29. Repealing Clause. – Except for prevailing laws against abortion, any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or is inconsistent with the provisions of this Act including Republic Act No. 7392, otherwise known as the Midwifery Act, is hereby repealed, modified or amended accordingly.

SEC 30. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

(Sgd.) FELICIANO BELMONTE JR.

Speaker of the House

of Representatives

(Sgd.) JUAN PONCE ENRILE

President of the Senate

This Act which is a consolidation of Senate Bill No. 2865 and House Bill No. 4244 was finally passed by the Senate and the House of Representatives on December 19, 2012.

(Sgd.) MARILYN B. BARUA-YAP

Secretary General

House of Representatives

(Sgd.) EMMA LIRIO-REYES

Secretary of the Senate

Approved: DEC 21 2012

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines

Supreme Court Decision on the Cybercrime Act of 2012

This is a searchable text version of a Supreme Court press briefing, addressing the Court’s ruling on the Cybercrime Act of 2012, published 18 February 2014, and originally published by Philippine public news site Interaksyon.com.

Press Briefing – 18 February 2014

The Supreme Court En Banc, today, acted on the following matters, among others, on its Agenda:

G.R. NO. 203335 (Jose Jesus M. Disini Jr., et al., petitioners, v. The Secretary Of Justice, et al., respondents) I G.R. NO. 203329 (Louis Biraogo, petitioner, v. National Bureau of Investigation, et al., Respondents) I G.R. NO. 203306 (Alab Ng Mamamahayag [ALAMl, petitioner, v. The Office Of The President, at al., respondents) I G.R. NO. 203359 (Senator Teofisto Dl. Guingona III, petitioner, v. The Executive Secretary, et al., respondents) I G.R. NO. 203378 (Alexander Adonis, et al., petitioners, v. The Executive Secretary, et al., respondents) I G.R. NO. 203391 (Hon. Raymond v. Palatino, Et Al., petitioners, V. Hon. Paquito N. Ochoa Jr., et al., respondents) I G.R. NO. 203407 (Bagong Alyansang Makabayan Secretary General Renato M. Reyes Jr., et al., petitioners, v. Benigno Simeon C. Aquino III, et al., respondents) I G.R. NO. 203440 (Melecio S. Sta. Maria, et al., petitioners, v. Hon. Paquito Ochoa Jr., et al., respondents) I G.R. NO. 203453 (National Union of Journalists in the Philippines (NUJP), et al., petitioners, v. The Executive Secretary, et al., respondents) I G.R. NO. 203454 (Paul Cornelius T. Castillo, et al., petitioners, v. The Honorable Secretary of Justice, et al., respondents) IG.R. NO. 203469 (Anthony Ian M. Cruz, et al., petitioners, v. His Excellency Benigno S. Aquino III, et al., respondents) I G.R. NO. 203501 (Philippine Bar Association, Inc. (PBA), petitioner, v. His Excellency Benigno S. Aquino III, et al., respondents) I G.R. NO. 203509 (Bayan Muna Representative Nery Colmenares Jr., petitioner, v. The Executive Secretary, et al., respondents) I G.R. NO. 203515 (National Press Club of the Philippines, Inc., petitioner, v. Office of the President, et al., respondents) I G.R. NO. 203518 (Philippine Internet Freedom Alliance, et al., petitioners, v. The Executive Secretary, et al., respondents) I

The Court PARTIALLY GRANTED the reliefs sought in the 15 consolidated petitions challenging the constitutionality of Republic Act No. 10175 (The Cybercrime Protection Act of 2012).

The Court, through Associate Justice Roberto A. Abad (Velasco and Perlas-Bernabe, JJ., no part), declared as UNCONSTITUTIONAL sections 4(c)(3)1, 12 and 193 of Republic Act No. 10175 (The Cybercrime Law) to be UNCONSTITUTIONAL. Section 4(c)(3) penalizes the posting of unsolicited commercial communications, section 12 authorizes the collection ‘or recording of traffic data in real-time while section 19 authorizes the Department of Justice to restrict or block access to suspected computer data.

The Court also ruled on the constitutionality of online libel when it further declared that section 4(c)(4), which penalizes online libel,4 is NOT UNCONSTITUTIONAL with respect to the original author of the post but UNCONSTITUTIONAL only where it penalizes those who simply receive the post or react to it.

It also declared that section 55, which penalizes anyone who aids or abets the commission of cybercrimes and anyone who attempts the. commission of cybercrimes, is NOT UNCONSTITUTIONAL in relation to the commission of the following cyber-offenses: (a) Illegal Access under §4(a)(1); (b) Illegal Interception under §4(a)(2); (c) Data Interference under §4(a)(3); (d) System Interference under §4(a)(4); (e) Misuse of Devices under §4(a)(5); (D Cyber squatting under §4(a)(6); (g) Computer-related fraud under §4(b)(1); (h) Computer-related identity theft under §4(b)(3); and (i) Cybersex under §4(c)(1), but UNCONSTITUTIONAL only in relation to the offenses punished by: [1] Child pornography under §4(c)(2); Unsolicited commercial communications under §4(c)(3);and online libel under §4(c)(4).

The Court also ruled that section 7,6 on prosecution under the Revised Penal Code as well as RA 10175, is UNCONSTITUTIONAL as far as it authorizes the prosecution of an offender under both section 4(c)(4) (online libel) and Article 3537 of the Revised Penal Code (libel), and also where it pertains to section §4(c)(2)8 (child pornography) for being in violation of the prohibition against double jeopardy.9

Footnotes

1 SEC. 4. Cybercrime Offenses. – The following acts constitute the offense of cybercrime punishable under this Act:

xxx

(3) Unsolicited Commercial Communications. – The transrllissioll of cOlllmercial electronic witll the use of computer system which seek to advertise, sell, or offer for sale products and communication services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or’ administrative announcements from the sender to its existing users, subscribers or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic comlllunication contains a simple, valid, and reliable way for the recipient to reject. receipt of furtller comlllercial electronic messages (opt-out) from the same source;

(bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and

(cc) The commercial electronic comlllunication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.

2 SEC. 12. Real-Time Collection of Traffic Data. ~ Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time (associated with specified communications transmitted by means of a computer system.

Traffic data refer only to the comlllunication’s origin, destination, route, time, date, size, duration, or type of underlying service, but not content, nor identities.

Ali other data to be collected or seized or disclosed will require a court warrant.

Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information.

The court warrant required under this section shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and the showing: (I) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed, or is being committed, or is about to be committed: (2) that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and (3) that there are no other means readily available for obtaining such evidence.

3 SEC. 19. Restricting or Blocking Access to Computer Data. – When a computer data is prima facie found to be in violation of the provisions of this Act, the 001 shall issue all order to restrict or block access to such computer data.

4 SEC. 4. Cybercrime Offenses. Th~ following acts constitule the offense of cybcrcrime punishable under this Act:

(4) Libel. – The unlawful or prohibited acts of libel as defined in Article 353 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.

5 SEC. 5. Other Offenses. – The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission ofCybercrime. – Any person who willfully attempts to commit any of tile offenses enumerated in this Act shall be held liable.

6 SECTION 7.Liability Under Other Laws. – A prosecution undcr this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.

7 ARTICLE 353. Definition of Libel. – A libel is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circulllstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

8 Child Pornography. – The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775.

9 On this matter, the Court noted that online libel is admittedly not a new crime but one already punished under Art. 353; section 4(c)(4) merely establishes the use of a computer as another “means of publication.” For this reason, charging the offender under both laws would he a violation of the guarantee against double jeopardy under Article III, section 21 of the 1987 Constitution.

Why a Philippine telco’s speed cap is a bad idea

Update (7 Feb 2014, 1424H): Since posting this entry, friends and other users of Globe Telecoms broadband services have chimed in. It occurs to me that folks at Globe and NTC need to verify the claims I (and other subscribers) have made. To speed things along – i.e. for referencing agent call logs, subscription history – details of my old Globe account include:

Subscriber: Antonio Victor Andrada Hilario
Account Number: 61523358
Subscription: Tattoo Unli w/o voice, plan 999. Terminated February 2014 after 36 consecutive billing periods.

The telecoms sector needs competition. To the board of Globe Telecoms: You can do better than this. Resolve the issue.

I write web applications for a living. In the course of a good day, I’m able to put in about five or six solid hours of thinking about some set of features of the program, some behavior of the sites my team and I are building, and writing software to implement those features and behaviors. It’s labor which amounts to something roughly six to twelve paragraphs of a master’s thesis every day – and it is, suprisingly, just as tiring. Writing software has that kind of rigor to it: The ideas you’re assembling need to come together cleanly – expressing your design intent, cleanly, to other people who’ll read (and elaborate upon) what you’ve crafted, while also able to compel machines of beautiful etched silicon to do things fit for machines to do. Such as making money.

While I’m sat here with furrowed brow, after the occasional meeting or terse Skype exchange, the work that ensues among members of our team is divided up into tranches of almost purely solitary endeavor. Probably close to half of that time is actually spent reading rather than writing code: Reading nearby lines of code I or others have written, following short runs of imperative thought (if this, and this, then do that; otherwise, something else [unless this and this]…). Reading online reference books for details of some arcane technique, or to suss out the side effects of some instruction. The other half of the time is punctuated by a silent “aha…”, followed by a flurry of keystrokes which set down the next paragraphs in the program. Another four or five keystrokes, to ask the machine to test your lines, and ask it “here – what do you think?” We get a kick from those little “aha!” moments, which come in pairs: The first aha comes when a concept, an algorithm becomes clear to your mind, and the second (often accompanied by a smile) when the computer responds to that algorithm the way you want. Reading isn’t appreciated as being a core activity of writing code.

Then there’s the listening. Hearing is the other sensory input that you engage at work – often to simply provide an ambient that allows you to jump between aha moments, but equally to keep in touch with things you’d otherwise miss when keeping ten-hour work days. Listen to the first three stories on BBC World Service news with the first cup of coffee for the day. Find the audiobook of Nassim Taleb’s Antifragile, let it run in the background while you review a test run. Pull up Episode 109 of Markus Völter’s Software Engineering Radio podcast (eBay’s Architecture Principles) while you’re thinking about how to partition your database across your Taiwan and US-based servers. Or get your code reading Zen together with Episode 148 (Software Archaeology) before beginning to translate a piece of Flash code to PHP. A typical day’s listening – say, about 200 to 300 megabytes of audio taken off the Internet – gives you a window to the world’s news and knowledge, while your mind and hands work to create value. And none of the insipid noise that passes for news and music from commercial broadcast radio in Mandaluyong City. Vhong Navarro: kailangan ba’ng i-memorize `yan? Fuck that.

Or fuck me. The Globe speed cap changes the course of my working day, as I have to make sure that I can continue to reach my company’s servers after I’ve taken in my reading and listening for the day. Here’s how it works out:

Globe Telecoms offered the Tattoo Unli contract package sometime around 2011, affording practically unlimited, daily data access, at speeds of up to 2 megabits per second, at a cost of a thousand pesos a month. Not too shabby. You’d typically get anywhere between 80 to 180 kilobytes per second, from anywhere in Metro Manila. Now this changed my web development game entirely: After seven years working in my domain, I could actually telecommute to work; I could log in to my company’s server in Arizona, or in Taiwan, or Makati City, and send keystrokes to the remote (typically Linux or IIS) server as though I were there, at practically any time of day. Skype became usable from anywhere in Metro Manila, where previously it wasn’t, despite a [pricey] Sierra Wireless data card only my NGO employer office could afford. At my level of competence, I can be trusted to perform good work even away from the physical office, and this technology makes that possibility real.

The cap is simple to implement. Once a subscriber’s total traffic – bytes from their laptop to the nearest tower, and bytes from the tower to their laptop – hits a preset limit, they then ramp down the speed to something like 8-12 kilobytes per second. The effect is pretty jarring. Roughly five hours into the working day, you hit the F5 button to reload the web page you’ve been working on, for the nth time that afternoon. (Remember, that seriously metal laptop has already downloaded the day’s podcasts, and fetched updates to Firefox and other programs on it.) You wait several seconds. A helpful SMS message pops up on your screen, echoed from your modem: “…Hello. Your data usage for today has reached 1GB…” Thereafter a keystroke sent down the wire seems to take two to five seconds to appear on your console. A simple Google search for, say

selenium webdriver andwait example

takes 40 seconds to load. Skype chat barely works; and even attempting a Skype call is impossible. The employee has apparently dropped off the Net.

The employee then calls Globe Telecoms, and encounters a straight run of awkward, plain disinformation:

He is told that this data cap is mandated by the NTC. Telcos asked NTC to include this in administrative memoranda back in 2011, and had NTC not rejected the proposal, this would have given Globe Telecoms and PLDT-Smart the means to impose caps. This would help them to expand their customer base, by enabling them to take on more customers at a reduced level of service. It makes absolutely no sense that the National Telecommunications Commission would impose a restriction on commerce this way, and not have consumers fight back. (A word of advice to you at Globe Telecoms: Fire whoever they were who devised the call center agents’ script, effectively making these workers lie for you.)
He asks after options to avoid the speed cap, prompting the agent about their Platinum 3799 plans, and is told that all contract plans are subject to the same “fair usage policy” and, at one point, that the high end plans offering unlimited data are subject to a 1G cap as well. He calls up the Platinum sales people hopefully, anyway, to ask after availability and terms of the Platinum 3799 contract, and is cheerfully told that “unlimited data” means just that, and some further gibberish about consumable credits toward data transfer, voice, and text. There is no way to know what price is reasonable to pay, to obtain a usable level of service. You get a spiel about add-ons, consumables, a two-year contract with fines for early termination (which, in hindsight, elicits a “well, what the fuck was that for?”) by the customer.

“Unlimited” means what, exactly?

The employee, understanding that bandwidth needs to be distributed equitably, is still left with this single, powerful impression: This telco needs many, many more customers (who will be using mainly low-bandwidth, interactive services such as Facebook, e-mail, and the occasional movie), and that you’re not part of our business plan. And fuck you.

So the first impulse you get is to keep chill, it isn’t personal, you just need to economize bandwidth use. Fine – okay, so which podcasts go first? I guess I could do with just Global News. Maybe two or three of The Today Programme. Oh – and stop sharing the link with housemates, certainly. Okay, that’s doable. Let’s see. Schedule updates for after 5pm, when the bulk of the day’s work can be done offline.

You squeeze through, with some relief. You’re able to push your code changes for a handful of features to the company server, and work on the remaining code that’s still on your screen, signing off Skype (which, at this point, is only usable for text messages anyway). And you realize that by the end of the workday, the link is equally useless for Google search on “arduino.cc treo new projects” as it was for looking up “gmp_powm gmp_mult”. Never mind Facebook. Fuck this. I really miss seeing my friends’ postings for about two minutes, and then let rise the irritation at this rate cap, this apparently completely artificial scarcity – of bandwidth.

Well, a pity, that. Globe Telecoms seemed to be the only reasonable competition against the much larger PLDT-Smart-Sun (Sun, is it?) conglomerate. Good pricing, good service. The problem with this approach to expanding their customer base – that is, slitting the throats of customers who’ve been used to “promo” levels of service – is that a cursory search on the Web shows it is not government that’s mandating service level cuts. They are a service provider who intend to provide “good enough” service if all you need from an Internet service is just your social media app, email, and a movie now and then.

They are prepared to use my government’s administrative edicts to grow their business. Goddamn this, Globe Telecoms paint NTC as the originator of this data cap and expect me to just take that as fact.

They are not interested in finding out what you need, or providing what you need at a reasonable price – and have nothing to offer customers who do not rate a five-digit monthly contract price, beyond these cutesy, canned “plans” that revolve around selling gadgets instead of levels of service. Rather than use their infrastructure to poll customers, they allowed certain of their customers to send spam messages offering ‘collateral free loan’ from some dinky lender with names that just reek ‘extortionate interest rates here.’

The Globe speed / data volume caps, clearly intended to allow them to grow their customer base, are being described by their personnel as “mandated by government” – and are a bad idea on at least two counts: First, the justification for the cap is a lie, specifically that they have no choice in the matter, and that it is State that mandates it. This is only true because the industry – basically they, and their “competition” – have lobbied for this! And it is a bad idea because it intends to get Filipinos used to a generally low level of Internet accessibility rather than force them to improve the quality of services they offer now and into the future. Finally, it diminishes their credibility as an alternative to the well-entrenched PLDT.

I refuse to reward this kind of behavior. I terminated my data contract with them yesterday – and life goes on. Another telco next door offered a 4G dongle at what seems like a good price, the connection through which I’ve uploaded my final rant on this matter. The rep spelled out the terms of access – yes, they do also restrict service speed once you reach a limit, but no, she was not aware that government mandated this. Back to another coding day – and, goddamnit, I’m going to feel the lack of a night’s sleep for sure, for getting this irritation out of my system.

Not Rescinded Yet: Cybercrime Prevention Act 2012

Retrieved 13 June 2013, at 9:16pm
from The Official Gazette

S. No. 2796
H. No. 5808

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday the Twenty-fifth day of July two thousand eleven.

[ Republic Act No. 10175 ]

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I
PRELIMINARY PROVISIONS

SECTION 1. Title. — This Act shall be known as the “Cybercrime Prevention Act of 2012″.

SEC. 2. Declaration of Policy. — The State recognizes the vital role of information and communications industries such as content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined as follows:

(a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network.

(b) Alteration refers to the modification or change, in form or substance, of an existing computer data or program.

(c) Communication refers to the transmission of information through ICT media, including voice, video and other forms of data.

(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such devices, capable of performing logical, arithmetic, routing, or storage functions and which includes any storage facility or equipment or communications facility or equipment directly related to or operating in conjunction with such device. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the internet.

(e) Computer data refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable to cause a computer system to perform a function and includes electronic documents and/or electronic data messages whether stored in local computer systems or online.

(f) Computer program refers to a set of instructions executed by the computer to achieve intended results.

(g) Computer system refers to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automated processing of data. It covers any type of device with data processing capabilities including, but not limited to, computers and mobile phones. The device consisting of hardware and software may include input, output and storage components which may stand alone or be connected in a network or other similar devices. It also includes computer data storage devices or media.

(h) Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law.

(i) Cyber refers to a computer or a computer network, the electronic medium in which online communication takes place.

(j) Critical infrastructure refers to the computer systems, and/or networks, whether physical or virtual, and/or the computer programs, computer data and/or traffic data so vital to this country that the incapacity or destruction of or interference with such system and assets would have a debilitating impact on security, national or economic security, national public health and safety, or any combination of those matters.

(k) Cybersecurity refers to the collection of tools, policies, risk management approaches, actions, training, best practices, assurance and technologies that can be used to protect the cyber environment and organization and user’s assets.

(l) Database refers to a representation of information, knowledge, facts, concepts, or instructions which are being prepared, processed or stored or have been prepared, processed or stored in a formalized manner and which are intended for use in a computer system.

(m) Interception refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content of data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring.

(n) Service provider refers to:

(1) Any public or private entity that provides to users of its service the ability to communicate by means of a computer system; and

(2) Any other entity that processes or stores computer data on behalf of such communication service or users of such service.

(o) Subscriber’s information refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which identity can be established:

(1) The type of communication service used, the technical provisions taken thereto and the period of service;

(2) The subscriber’s identity, postal or geographic address, telephone and other access numbers, any assigned network address, billing and payment information, available on the basis of the service agreement or arrangement; and

(3) Any other available information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.

(p) Traffic data or non-content data refers to any computer data other than the content of the communication including, but not limited to, the communication’s origin, destination, route, time, date, size, duration, or type of underlying service.

CHAPTER II
PUNISHABLE ACTS

SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and systems:

(1) Illegal Access. – The access to the whole or any part of a computer system without right.

(2) Illegal Interception. – The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.

(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.

(4) System Interference. — The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses.

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:

(aa) A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or

(bb) A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of the offenses under this section.

(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration:

(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and

(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or

(ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.

(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if no

damage has yet been caused, the penalty imposable shall be one (1) degree lower.

(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.

(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.

(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775.

(3) Unsolicited Commercial Communications. — The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless:

(i) There is prior affirmative consent from the recipient; or

(ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject. receipt of further commercial electronic messages (opt-out) from the same source;

(bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and

(cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.

SEC. 5. Other Offenses. — The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.

SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.

CHAPTER III
PENALTIES

SEC. 8. Penalties. — Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both.

Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both.

If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to maximum amount commensurate to the damage incurred or both, shall be imposed.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos (PhP1,000,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of this Act shall be punished with the penalties as enumerated in Republic Act No. 9775 or the “Anti-Child Pornography Act of 2009″: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775, if committed through a computer system.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (PhP100,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00) or both.

SEC. 9. Corporate Liability. — When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within, based on: (a) a power of representation of the juridical person provided the act committed falls within the scope of such authority; (b) an authority to take decisions on behalf of the juridical person: Provided, That the act committed falls within the scope of such authority; or (c) an authority to exercise control within the juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos (PhP10,000,000.00).

If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five million pesos (PhP5,000,000.00).

The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.

CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION

SEC. 10. Law Enforcement Authorities. — The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.

SEC. 11. Duties of Law Enforcement Authorities. — To ensure that the technical nature of cybercrime and its prevention is given focus and considering the procedures involved for international cooperation, law enforcement authorities specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-operation, post-operation and investigation results and such other documents as may be required to the Department of Justice (DOJ) for review and monitoring.

SEC. 12. Real-Time Collection of Traffic Data. — Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.

Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service, but not content, nor identities.

All other data to be collected or seized or disclosed will require a court warrant.

Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information.

The court warrant required under this section shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and the showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed, or is being committed, or is about to be committed: (2) that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and (3) that there are no other means readily available for obtaining such evidence.

SEC. 13. Preservation of Computer Data. — The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation.

Law enforcement authorities may order a one-time extension for another six (6) months: Provided, That once computer data preserved, transmitted or stored by a service provider is used as evidence in a case, the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the termination of the case.

The service provider ordered to preserve computer data shall keep confidential the order and its compliance.

SEC. 14. Disclosure of Computer Data. — Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic data or relevant data in his/its possession or control within seventy-two (72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation.

SEC. 15. Search, Seizure and Examination of Computer Data. — Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties.

Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:

(a) To secure a computer system or a computer data storage medium;

(b) To make and retain a copy of those computer data secured;

(d) To conduct forensic analysis or examination of the computer data storage medium; and

(e) To render inaccessible or remove those computer data in the accessed computer or computer and communications network.

Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information, to enable the undertaking of the search, seizure and examination.

Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court.

SEC. 16. Custody of Computer Data. — All computer data, including content and traffic data, examined under a proper warrant shall, within forty-eight (48) hours after the expiration of the period fixed therein, be deposited with the court in a sealed package, and shall be accompanied by an affidavit of the law enforcement authority executing it stating the dates and times covered by the examination, and the law enforcement authority who may access the deposit, among other relevant data. The law enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the package deposited with the court. The package so deposited shall not be opened, or the recordings replayed, or used in evidence, or then contents revealed, except upon order of the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded.

SEC. 17. Destruction of Computer Data. — Upon expiration of the periods as provided in Sections 13 and 15, service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of a preservation and examination.

SEC. 18. Exclusionary Rule. — Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court or tribunal.

SEC. 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data.

SEC. 20. Noncompliance. — Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of Presidential Decree No. 1829 with imprisonment of prision correctional in its maximum period or a fine of One hundred thousand pesos (Php100,000.00) or both, for each and every noncompliance with an order issued by law enforcement authorities.

CHAPTER V
JURISDICTION

SEC. 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act. including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.

There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.

CHAPTER VI
INTERNATIONAL COOPERATION

Sec. 22. General Principles Relating to International Cooperation — All relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal, offense shall be given full force and effect.

CHAPTER VII
COMPETENT AUTHORITIES

SEC 23. Department of Justice (DOJ). — There is hereby created an Office of Cybercrime within the DOJ designated as the central authority in all matters related to international mutual assistance and extradition.

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. 25. Composition. — The CICC shall be headed by the Executive Director of the Information and Communications Technology Office under the Department of Science and Technology (ICTO-DOST) as Chairperson with the Director of the NBI as Vice Chairperson; the Chief of the PNP; Head of the DOJ Office of Cybercrime; and one (1) representative from the private sector and academe, as members. The CICC shall be manned by a secretariat of selected existing personnel and representatives from the different participating agencies.

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 for the suppression of real-time commission of cybercrime offenses through a computer emergency response team (CERT);

(b) To coordinate the preparation of appropriate and effective measures to prevent and suppress cybercrime activities as provided for in this Act;

(d) To facilitate international cooperation on intelligence, investigations, training and capacity building related to cybercrime prevention, suppression and prosecution;

(e) To coordinate the support and participation of the business sector, local government units and nongovernment organizations in cybercrime prevention programs and other

related projects;

(f) To recommend the enactment of appropriate laws, issuances, measures and policies;

(g) To call upon any government agency to render assistance in the accomplishment of the CICC’s mandated tasks and functions; and

(h) To perform all other matters related to cybercrime prevention and suppression, including capacity building and such other functions and duties as may be necessary for the proper implementation of this Act.

CHAPTER VIII
FINAL PROVISIONS

SEC. 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000.00) shall be appropriated annually for the implementation of this Act.

SEC. 28. Implementing Rules and Regulations. — The ICTO-DOST, the DOJ and the Department of the Interior and Local Government (DILG) shall jointly formulate the necessary rules and regulations within ninety (90) days from approval of this Act, for its effective implementation.

SEC. 29. Separability Clause — If any provision of this Act is held invalid, the other provisions not affected shall remain in full force and effect.

SEC. 30. Repealing Clause. — All laws, decrees or rules inconsistent with this Act are hereby repealed or modified accordingly. Section 33(a) of Republic Act No. 8792 or the “Electronic Commerce Act” is hereby modified accordingly.

SEC. 31. Effectivity. — This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House
of Representatives

(Sgd.) JUAN PONCE ENRILE
President of the Senate

This Act which is a consolidation of Senate Bill No. 2796 and House Bill No. 5808 was finally passed by the Senate and the House of Representatives on June 5, 2012 and June 4, 2012, respectively.

(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives

(Sgd.) EMMA LIRIO-REYES
Secretary of the Senate

Approved: SEP 12 2012

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

Avoidable delays

I’d forgotten to post this bunch of bits, this rant I wrote on the 16th. Better to have this up among the bitclouds than on my laptop’s suspiciously slow, possibly damaged hard drive.

I was browsing news about results of the senatorial race, when a paragraph in yesterday’s article by Tricia Aquino caught my attention:

“Many of the BEI (Board of Election Inspectors) of the clustered precincts, after having a hard time [transmitting], or else did not try hard enough to transmit the PCOS election returns from their precincts… took their flashcards and carried these to the municipal and city canvassing centers,” said PPCRV chairperson Henrietta de Villa after consulting with Commission on Elections Commissioner Christian Lim about the slow pace.”

“Are they even supposed to be doing that?” I thought, taking the flash memory cards (presumably containing election returns) out of the PCOS machines? The Smartmatic website specifically says their devices are “designed to transmit the electoral data in a secure and unidirectional manner, with no need of human intervention, and in accordance to the requirements of the electoral body.”

These communication networks either work or they don’t; there is no “try”. Unless the PCOS devices are transmitting results using the cell phone network, and they don’t have a signal – or are unable to “register” to cell towers.

“So, why aren’t they able to transmit?” It doesn’t make sense that local protests would delay transmission of results via the data cellular network, as Commissioner Brilliantes explained yesterday (unless those protests involved burning cell antenna towers). I can’t imagine why I’m still seeing under 75% of all returns from the unofficial counts being reflected in news summaries, as PLDT’s Mon Isberto has said that their network remained fully operational, so that “as a result, transmission of election returns that have been coursed through our facilities have been handled with dispatch.”

Since I can’t trust the marketing pages on Smartmatic’s site (and because the COMELEC website gives no technical information about how the system is intended to work), I have to wonder: Is it safe to trust that the content of those PCOS memory cards, having been removed from the PCOS machines, can’t be altered? We need to know whether the election returns data on those cards is encrypted, and whether that encryption can resist being reversed, or “broken” during the time that those returns aren’t processed in the normal course of events. The longer it takes for those results to be reflected in the national tally, the higher the likelihood that an attempt to “brute-force” the encryption (which I can only assume exists) on those cards will succeed. If the content can be decrypted, it can be modified. And with stakes this large, the cost of this technical hack is small beans, in relative terms (think several dozen computers, or the cost of hiring of a crooked engineer).

And why should transmission using any of the GSM networks even be a problem at all? Didn’t COMELEC avail of cell tower coverage maps from telcos during their logistics planning for these elections? Did they not consider having an alternative data transmission channel – say, landline DSL modems – as a backup, for voting precincts that have unreliable cell service? It’s not like the precincts move around, so that it’s hard to tell in advance that this might be a problem. They can’t be unaware that cell phone jamming equipment can be bought from overseas, so that provision has to be made against the possibility that some idiot would try to disrupt the electronic canvass. The only memo I found on the COMELEC site dealing with technical issues doesn’t describe what to do in the event of transmission failures.

If all this sounds like a backhanded critical swipe at the COMELEC, it can’t be helped; not after hearing the head commissioner dismiss the usefulness of a source code review by saying the PCOS machines ‘reads codal language’, not the source code. There are no ‘codal instructions’, only ‘machine instructions’; that hamfisted effort to explain (i.e. dumb down) the discussion, the imprecision, leaves me cold. And more than a little angry, in fact, for which I offer no apology.

The COMELEC could have avoided these problems with suitable technical preparation. Some of which they could have taken with advice from a much larger audience: us, the voting public. With 50 million registered, adult voters, there was no need to dumb down and minimize public discussion of how the electronic voting process was intended to work.

There are thousands of network engineers from whom COMELEC could have elicited feedback on the design of the overall system, and who would have identified this possible source of delay – and a means to work around it (i.e. get the supplier to provide dialup modems). Thousands of programmers who work with embedded systems, who could have told the rest of us citizens whether or not the system could be trusted with our vote – and whether the integrity of the ERs would be preserved despite removing the flash cards from the PCOS devices. Goodness, it’s 2013 – they could have used their website to publish a forum, for people to discuss the technical implementation. The inability of COMELEC to be transparent, and to elicit citizen feedback is, right now, sorely testing the integrity of the vote.

Break time reading: The God Delusion

Taking a break from writing code, and too easy access to the depressing online news is a good thing; and what better thing to do with this time, than to read a real book?

The God Delusion by Richard Dawkins

The most striking quote I’ve found while listening to an audiobook of “The God Delusion” (after hearing an interview with the Thomas More Society’s Atty. Jo Imbong, on the successful passage of the Reproductive Health Law), is this one attributed to Voltaire:

“Those who can make you believe absurdities can make you commit atrocities”

Indeed. And for all you advocates of the “rights of the unborn”: Do pay heed to the rights of the ALREADY born, the adult Filipinos who would benefit from the implementation of the law, and share this country and planet with you now.

Carlos Celdran “offends religious feelings”, faces jail time

What the hell IS this? Are lay church members – plaintiffs insane?

Giving “religious offense” is actually a basis, in Manila, the Philippines, in 2013, for incarceration. WTF?! Nasa’n si Padre Damaso, ha, at ma-deport nga?!

Full text of the decision is available from the article at the Filipino Freethinkers, or from a local copy obtained off https://docs.google.com/file/d/0ByIQb2-6J40ISGVXOTdXXzFpRGM/edit

There is more than one way to order and express our loyalties – to our families, communities (Church, town, teams) and to country – but relying on outdated, anti-Constitutional law to protect your “feelings” (read: political position on a topic about which you have a beleaguered opinion) is not an acceptable way to show fealty to the teachings of “the” Church.

To you plaintiffs who’ve caused Mr Celdran to be given jail time: You know what? The Church’s position resisting sex education, and making contraception available to women citizens as a choice, is deeply offensive to me, what do you make of that?

Are you taking offense with other persons’ opinion about a topic that your religion has something else to say? Get over it, and move with the rest of us into the public sphere. Make your statement a political statement, but leave the religious feeling of the rest of us out of the public discourse. You might win legislation, or you may not; but make the discussion a rational one, based on what all our fellow citizens need.

Errata: Article was originally posted with the title “David Celdran ‘offends religious feelings’, faces jail time”. That was not a spell check problem – for some unfathomable reasons of it’s own, my brain made that substitution, and my fingers followed. Sigh. Must avoid posting when pissed off.

My apologies to stray visitors.