DISINI, JR.

VS SECRETARY OF JUSTICE
716 SCRA

DOCTRINE: It is well-settled that the power to issue subpoenas is not exclusively a

judicial function. Executive agencies have the power to issue subpoena as an adjunct of
their investigatory powers.

FACTS: Petitioners assail the validity of several provision of the Republic Act (R.A.)
10175, the Cybercrime Prevention Act of 2012. Petitioners claim that the means adopted
by the cybercrime law for regulating undesirable cyberspace activities violate certain
constitutional rights. The government of course asserts that the law merely seeks to
reasonably put order into cyberspace activities, punish wrongdoings, and prevent hurtful
attacks on the system.

The following provisions were questioned:

1. Section 4(a)(1) on Illegal Access;
2. Section 4(a)(3) on Data Interference;
3. Section 4(a)(6) on Cyber-squatting;
4. Section 4(b)(3) on Identity Theft;
5. Section 4(c)(1) on Cybersex;
6. Section 4(c)(2) on Child Pornography;
7. Section 4(c)(3) on Unsolicited Commercial Communications;
8. Section 4(c)(4) on Libel;
9. Section 5 on Aiding or Abetting and Attempt in the Commission of
Cybercrimes;
10. Section 6 on the Penalty of One Degree Higher;
11. Section 7 on the Prosecution under both the Revised Penal Code (RPC) and
R.A. 10175;
12. Section 8 on Penalties;
13. Section 12 on Real-Time Collection of Traffic Data;
14. Section 13 on Preservation of Computer Data;
15. Section 14 on Disclosure of Computer Data;
16. Section 15 on Search, Seizure and Examination of Computer Data;
17. Section 17 on Destruction of Computer Data;
18. Section 19 on Restricting or Blocking Access to Computer Data;
19. Section 20 on Obstruction of Justice;
20. Section 24 on Cybercrime Investigation and Coordinating Center (CICC); and
21. Section 26(a) on CICCs Powers and Functions

ISSUE/S: Which court has jurisdiction over cases covered by RA 10175?

HELD: Sec. 21 provides that the RTC shall have jurisdiction over any violation of the
provisions of RA 10175 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 Philippine There shall be designated special cybercrime court manned by specially
trained judges to handle cybercrime cases.