Philippine Bar review · Question

Practice question: Cybercrime Prevention Act of 2012 (RA 10175, Ch. II)

Multiple Choice Hard

Practice question

An allegedly defamatory post was uploaded in 2024. In a 2026 motion to quash, its author relies solely on the upload date to prove prescription; the prosecution disputes when the offended party or authorities first discovered it, and the author supplies no evidence of discovery. Which approach follows Causing’s April 8, 2026 resolution?
  1. The upload date conclusively proves discovery on the same date
  2. The one-year period is abandoned whenever discovery is disputed
  3. The mere existence of a post eliminates the need for evidence
  4. Discovery is factual; upload alone does not establish that the one-year period has run, and the prescription claim requires the relevant evidence
  5. The claim must use a fifteen-year period instead

Legal references

  • https://lawphil.net/statutes/repacts/ra2012/ra_10175_2012.html — RA 10175, Chapter II, sections 4–7; read subject to Disini and subsequent controlling decisions.
  • https://lawphil.net/judjuris/juri2014/feb2014/gr_203335_2014.html — Disini, Jr. v. Secretary of Justice, G.R. No. 203335, main decision, operative declaration on sections 4(c)(3), 4(c)(4), 5 and 7.
  • https://lawphil.net/judjuris/juri2014/apr2014/gr_203335_2014.html — Disini, G.R. No. 203335, April 22, 2014 main reconsideration resolution affirming the decision.
  • https://lawphil.net/judjuris/juri2026/apr2026/gr_258524_2026.html — Causing v. People, G.R. No. 258524, April 8, 2026 main reconsideration resolution, one-year cyberlibel prescription from discovery and need for evidence.

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