Rappler Newscast | January 15, 2013

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5 lawyers argue before the Supreme Court the Cybercrime law is too broad and vague. | The head of the checkpoint in Quezon, a key witness in the shooting of 13 people, refuses to talk to police. | The new chief of staff of the Armed Forces is the son of a general killed by Muslim rebels.

Today on Rappler.

  • 5 lawyers argue before the Supreme Court the Cybercrime law is too broad and vague. 
  • The head of the checkpoint in Quezon, a key witness in the shooting of 13 people, refuses to talk to police.
  • The new chief of staff of the Armed Forces is the son of a general killed by Muslim rebels.

Story 1: 5 LAWYERS ARGUE VS CYBERCRIME LAW
5 lawyers argue against the cybercrime law in front of the Supreme Court.
They say the law is too broad and vague.
Ayee Macaraig reports.

To critics, it’s e-martial law.
But Supreme Court justices ask: What if you’re cyberbullying victim Chris Lao?
What if Twitter users @IamDerekRamsay and @HecklerForever with hundreds of thousands of followers attack your reputation on the web?
Justices play devil’s advocate as 5 lawyers argue against the controversial Cybercrime Prevention Act on day one of oral arguments in the Supreme Court.
Petitioners say provisions like online libel violate civil liberties like freedom of speech and expression, and vaguely identifies liability in the age of retweeting and sharing.
But Chief Justice Maria Lourdes Sereno and Justice Marvic Leonen point out there is a need to protect private citizens, given the ease and permanence of posting negative messages online.
Lawyer Harry Roque says there is a workaround.

HARRY ROQUE, PETITIONER VS CYBERCRIME LAW: What we want is civil damages, no imprisonment for online libel. Online libel should be struck down for overbreadth and vagueness.

Bayan Muna Representative Neri Colmenares argues against imposing penalties one degree higher on cybercrimes compared to ordinary crimes.
Lawyers Rodel Cruz and JJ Disini stress the need for a court order or warrant before government can block access to computer data, what is known as the takedown clause.
They say a warrant is also needed to allow government to collect traffic data in real-time.

JJ DISINI, PETITIONER VS CYBERCRIME LAW: We don’t want an Orwellian type of government, the big brother age.

Solicitor General Francis Jardeleza says Congress has yet to decide whether to send its own lawyer to defend the takedown clause as he admits that it’s unconstitutional.
Petitioners call on the Supreme Court to decide quickly, with the restraining order on the law’s implementation set to lapse on February 6.

REP. MONG PALATINO, KABATAAN PARTYLIST: Ang Congress, wala nang panahon eh. 9 session days na lang so Malabo na. Kaya nga dito talaga kami sa SC.

Government will have its turn to defend the law on January 22.

AYEE MACARAIG, REPORTING: How do you balance rights and responsibilities?
The Supreme Court raises this question as petitioners defend the primacy of civil liberties.
The law’s critics concede government should fight cybercrimes, but they insist that the measure in its current form is not the answer.
Ayee Macaraig, Rappler.

Here’s an update on that: petitioners ask the Supreme Court to extend the 120-day restraining order.
The court will tackle the plea.

Story 2: PNP SUBMITS REPORT ON QUEZON SHOOTING
The police submits its report on the shooting in Quezon, but one key official refuses to talk to investigators.

The Philippine National Police turns over its 8-page fact-finding report to the National Bureau of Investigation, but there is one missing ingredient – an official statement from Supt Hansel Marantan.
Marantan, who was injured in the Quezon shooting that killed 13, was the head of the checkpoint.
He is in the hospital, where he refuses to speak to police.
Unconfirmed reports allege Marantan is a member of a criminal gang in conflict with Victor “Vic” Siman, the head of a rival gang.
Siman and his 12 men were in the car that fateful night in Atimonan.
Interior Secretary Mar Roxas says the PNP respects Marantan’s right as a suspect to stay silent, but pushes him to speak to the NBI.

MAR ROXAS, INTERIOR AND LOCAL GOVERNMENT SECRETARY: Kaya pinapayuhan ko po si Superintendent Marantan na sumailalim po kayo kung ayaw ninyo sa PNP ay sa NBI process. Hindi maganda sa katauyan ninyo na hindi sumasama sa transparent na proseso para malaman ang buong katotohanan.

Roxas says the PNP also relieved Chief Supt James Melad, the regional director of Calabarzon, who was initially spared from charges.
The PNP promises to investigate all the cops involved in the shooting.

ALAN PURISIMA, PHILIPPINE NATIONAL POLICE CHIEF: Based on the report as we have mentioned before, there were violations of the police operational procedures so this is what the PNP is focusing on now.

The PNP will turn over all the physical evidence from the scene to the NBI on Tuesday, January 15, when the agency plans to start its investigation.
Both the PNP and the NBI say it’s premature to assume that the killing is an ambush and not a shootout especially with a key missing testimony from the shooting’s alleged leader.

NATASHYA GUTIERREZ, REPORTING: The facts are now in the hands of the NBI, but there are more questions left unanswered. What do the facts mean? And more importantly, why does Marantan refuse to talk?

Story 3: SON OF SLAIN GENERAL IS NEW AFP CHIEF
The son of a general slain by Muslim rebels 3 decades ago is the new chief of staff of the Armed Forces of the Philippines.
Lt Gen Emmanuel Bautista, commanding general of the Army, will now lead the 125,000-strong Philippine military.
He will replace Gen Jessie Dellosa who will turn 56 on January 20, the mandatory retirement age for the military.
Turnover ceremonies will be held on Thursday in Camp Aguinaldo.
Bautista’s appointment comes despite a strong lobby for Air Force chief Lt Gen Catalino de la Cruz.

Story 4: THE wRap: YOUR WORLD IN ONE READ
At number 6, Days before Hillary Clinton steps down as US Secretary of State, assessments of her work flood in.
Senior fellow at the Brookings Institution Michael O’Hanlon writes a glowing assessment in his Reuters blog.
He says: “She understood that she was a part of Obama’s administration, not a co-president.”
Clinton will appear before US lawmakers on January 23 to answer questions on the deadly attack on a US mission in Libya.

At number 7, the UN’s climate panel chief says Australia’s heatwave will worsen as earth’s temperature rises to “anywhere from 1.1 degrees Celsius to 6.4 degree Celsius” by the end of this century.
The temperature in Australia is now off the scale, and the extreme summer heat increases the dangers from scores of bushfires.
The government’s Climate Commission says the current weather is part of a global warming trend, with heatwaves likely to be more frequent and intense.

At number 8, Korean firm Samsung Electronics claims it toppled US rival Apple in the smartphones arena with over 100 million Galaxy S brands sold since 2010.
A research firm says the Korean company takes 28% of the smartphone market in 2012, while Apple takes only a 20% share.
The two tech giants are in a long-running patent battle.
Both accuse the other of stealing designs and technology.
In the auto industry, General Motors loses the global sales crown to Asian rival Toyota in 2012, as its sales grew just 2.9% to 9.2 million vehicles.

And number 10, BBC relaunches and moves its World News channel to New Broadcasting House in the center of London, calling the new location “The World’s Newsroom.”
After a 3-year-long process, the channel promises to help its audience “live the story” through live reports and social media access.
It promises a “more dynamic look, with robot cameras whizzing around our studios, improved graphics and high definition screen.”

Story 5: US MEDIA: LANCE ARMSTRONG ADMITS DOPING
USA Today reports cyclist Lance Armstrong admits to talk show host Oprah Winfrey that he used performance-enhancing drugs in a lengthy interview to be aired later this week.
The newspaper cites an unnamed person familiar with the interview ahead of its Thursday night air date.
Before his taped interview with Oprah, Armstrong also personally apologized to staff of Livestrong cancer charity.
Armstrong, a cancer survivor, started the foundation in 1997.
In October 2012, US Anti-Doping Agency stripped Armstrong of his 7 Tour de France titles and slapped him with a lifetime ban.
The agency released a report indicating Armstrong helped orchestrate the most sophisticated doping program in the history of cycling.
Armstrong could face criminal charges following his confession, depending on how thorough or detailed his admission.

Story 6: ANIMAL ACTIVISTS CALL FOR ELEPHANT’S TRANSFER TO THAILAND
The battle over a 38-year-old female elephant in Manila Zoo rages on.
Katherine Visconti looks into the pros and cons of moving Mali to a sanctuary in Thailand.

This 38 year old female can be a bit of drama queen.

JOHN CHUA, MANILA ZOO VOLUNTEER: She’s moody.

Mali’s long time handler John Chua says that if he doesn’t visit for days, she plays hard to get.
But he says she always comes around.
Mali is at the center of a bigger drama.
Animal activists are fighting the Manila zoo to move Mali from her home here to an elephant sanctuary in Thailand.
The battle heats up as an elephant clad activist from the People for the Ethical Treatment of Animals, or PETA, demands her transfer in front of the Department of Agriculture.
PETA delivers a petition to Agriculture Secretary Alcala with over 60-thousand signatures.

JANA SEVILLA, PETA CAMPAIGNER: Many elephant experts agree that keeping a female elephant alone in a zoo is the most cruel thing that you can do to them. Because female elephants are very sociable. They form a herd consisting of the females in their family.

Orphaned at the age of 3 in Sri Lanka, Mali lived the past 35 years in the Manila Zoo.
Her long time handler says there is no guarantee she could socialize with other elephants since the last two elephants ostracized her.
Zoo veterinarians also worry the aging elephant would not survive the trip to Thailand.

DONALD MANALASTAS, MANILA ZOO VETERINARIAN: The average lifespan of a captive asian elephant is 42 so she is geriatric or what you may call a senior citizen. We believe it is not safe for her to be transported at this age.

The Manila zoo wants to keep Mali where she is.
But international vets hired by PETA say the concrete floor of her enclosure is bad for her arthritis and could be fatal.
The zoo says it is already improving her enclosure… but they have limited funds.
Both sides want what’s best for Mali but disagree on what that is.

JANA SEVILLA, PETA CAMPAIGNER: I think they see Mali as their friend and they don’t want to loose their friend. But if they really care for Mali, if they really love Mali they should know that Mali deserves to be happy in a sanctuary. That’s where Mali belongs. She does not belong in a concrete enclosure.

But both sides agree her pen is far from ideal.
But with government pulled into the fray, the battle over Mali’s future will likely to drag on and could leave her exactly where she is.
Katherine Visconti, Rappler Manila.

Rappler.com

Newscast production staff

EXECUTIVE PRODUCER / WRITER Lilibeth Frondoso
DIRECTOR Rupert Ambil
ASSOCIATE PRODUCER / PUBLISHER Rodneil Quiteles
HEAD WRITER / PROMPTER Katerina Francisco
MASTER EDITOR / PLAYBACK Vicente Roxas
  Tre Batenga
TECHNICAL DIRECTOR / CAMERAMAN Charlie Salazar
  Adrian Portugal
  Francis Lopez
GRAPHICS Jessica Lazaro


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