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    Disini v. Secretary of Justice

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    Belle Cabal
    This case concerns the constitutionality of the Cybercrime Investigation and Coordinating Center (CICC) operating under delegated powers from Congress. The petitioners argued that Congress invalidly delegated its legislative power to the CICC without providing sufficient standards to guide it. However, the Court upheld the CICC's powers, finding that the cybercrime law was complete in itself and provided an adequate definition of "cybersecurity" to guide the CICC in formulating the national cybersecurity plan. The Court applied the completeness and sufficient standards tests and determined there was no undue delegation of legislative power to the CICC.

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    Disini v. Secretary of Justice

    Uploaded by

    Belle Cabal
    3K views2 pages
    This case concerns the constitutionality of the Cybercrime Investigation and Coordinating Center (CICC) operating under delegated powers from Congress. The petitioners argued that Congress invalidly delegated its legislative power to the CICC without providing sufficient standards to guide it. However, the Court upheld the CICC's powers, finding that the cybercrime law was complete in itself and provided an adequate definition of "cybersecurity" to guide the CICC in formulating the national cybersecurity plan. The Court applied the completeness and sufficient standards tests and determined there was no undue delegation of legislative power to the CICC.

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    This case concerns the constitutionality of the Cybercrime Investigation and Coordinating Center (CICC) operating under delegated powers from Congress. The petitioners argued that Congress invalidly delegated its legislative power to the CICC without providing sufficient standards to guide it. However, the Court upheld the CICC's powers, finding that the cybercrime law was complete in itself and provided an adequate definition of "cybersecurity" to guide the CICC in formulating the national cybersecurity plan. The Court applied the completeness and sufficient standards tests and determined there was no undue delegation of legislative power to the CICC.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    3K views2 pages

    Disini v. Secretary of Justice

    Uploaded by

    Belle Cabal
    This case concerns the constitutionality of the Cybercrime Investigation and Coordinating Center (CICC) operating under delegated powers from Congress. The petitioners argued that Congress invalidly delegated its legislative power to the CICC without providing sufficient standards to guide it. However, the Court upheld the CICC's powers, finding that the cybercrime law was complete in itself and provided an adequate definition of "cybersecurity" to guide the CICC in formulating the national cybersecurity plan. The Court applied the completeness and sufficient standards tests and determined there was no undue delegation of legislative power to the CICC.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    DISINI v.

    SECRETARY OF JUSTICE
    G.R. No. 203335
    DIGEST BY: Belle Cabal
    Submitted: 24 September 2016
    FACTS OF THE CASE
    These consolidated petitions seek to declare several provisions of R.A. 10175,
    known as The Cybercrime Prevention Act of 2012 unconstitutional and void. This
    case holds a handful of petitions seeking the removal of different sections deemed
    to be infringing on privacy rights and more.
    For this instance, the focus is the creation of the Cybercrime Investigation
    and Coordinating Center which, in the same breath, promulgates powers and
    functions to the agents of the said center. Petitioners mainly contend that Congress
    invalidly delegated its power when it gave the Cybercrime Investigation and
    Coordinating Center (CICC) the power to formulate a national cybersecurity plan
    without any sufficient standards or parameters for it to follow.
    Cybersecurity refers to the collection of tools, policies, risk management
    approaches, actions, training, best practices, assurance and technologies that can
    be used to protect cyber environment and organization and users assets. This
    definition serves as the parameters within which CICC should work in formulating
    the cybersecurity plan.

    ISSUE
    W/N The CICC is constitutional for it to operate under delegated powers by
    Congress
    HELD
    YES. In order to determine whether there is undue delegation of legislative
    power, the Court has adopted two tests: the completeness test and the
    sufficient standard test. Under the first test, the law must be complete in all
    its terms and conditions when it leaves the legislature such that when it
    reaches the delegate, the only thing he will have to do is to enforce
    it.1avvphi1 The second test mandates adequate guidelines or limitations in
    the law to determine the boundaries of the delegates authority and prevent
    the delegation from running riot.103
    Here, the cybercrime law is complete in itself when it directed the CICC to
    formulate and implement a national cybersecurity plan. Also, contrary to the
    position of the petitioners, the law gave sufficient standards for the CICC to
    follow when it provided a definition of cybersecurity.
    IMPORTANT LAWS/STATUTES/PROVISIONS/SECTIONS
    R.A. 10175
    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. 26. Powers and Functions. The CICC shall have the following
    powers and functions:
    (a) To formulate a national cybersecurity plan and extend immediate
    assistance of real time commission of cybercrime offenses through a
    computer emergency response team (CERT); x x x.

    Art. 1, Sec. 6 PHILIPPINE CONSTITUTION


    Sec 1. The legislative power shall be vested in the Congress of the
    Philippines which shall consist of a Senate and a House of
    Representatives, except to the extent reserved to the people by the
    provision on initiative and referendum.

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