LAWS TREATING ICT-RELATED

CRIMES

1. RA 10175 Cybercrime Prevention Act

2. RA 9995 Anti-Photo and Video Voyeurism Act
3. RA 9775 Anti-Child Pornography Act
4. RA 8484 Access Device and Regulation Act
5.

REPUBLIC ACT NO. 10175

CYBERCRIME
PREVENTION ACT OF 2012

ORDER OF PRESENTATION
1. Effectivity of RA 10175
2. Categories of Cybercrimes
3. Salient Features:
a. Definition of Terms
b. Punishable Acts
c. Sections Declared Unconstitutional
d. Enforcement and Implementation

1. Effectivity of RA 10175
Approved September 12, 2012
TRO issued October 9, 2012
Disini Decision February 18, 2014

2. Categories of Cybercrimes:

3. SALIENT FEATURES

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

Definition of Terms
Alteration:
the modification or change, in form or substance,
of an existing computer data or program.
Communication:
the transmission of information through ICT
media, including voice, video, and other forms of
data.

Definition of Terms
Computer:
1)An electronic, magnetic, optical,
electromechanical, or other data
processing or communications device, or
grouping of such device, capable of performing
logical, arithmetic, routing, or storage functions;
2) Any storage facility, or equipment or
communications facility or equipment directly related to or
operating in conjunction with such device.
3) Devices with data processing capabilities like mobile
phones, smart phones, computer networks and other
devices connected to the Internet.

Definition of Terms

Definition of
Terms
Without right:
(i)conduct undertake 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.

Definition of Terms
Interception:
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.

Definition of Terms
Service provider:
(1) Any public or private entity
that provides to users of its
service the ability to communication
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.

Definition of Terms
Subscribers information:
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.

Definition of Terms
Traffic data or non-content data:
any computer data other than the content of the
communication including, but not limited to:
1.the communications origin,
2.destination,
3.route,
4.time,
5.data,
6.size,
7.duration, or
8.type of underlying service.

Definition of Terms
Content Data data which are not traffic data.

b. Punishable Acts
Illegal access The access to the
whole or any part of a computer system
without right.
Simply, it implies an unauthorized interaction between the
culprit and the targeted devices or computer components,
usually by accessing the computer, using its keyboard or
mouse, printing a document, browsing folders, opening files,
running software, and processing data, stored within, with the
purpose of acquiring information.

Punishable Acts
Illegal interception
Elements:
a) A person (natural or juridical),
b) intercepts non-public transmission of computer data
to, from, or within a computer system, and
c) the interception was done by technical means.

Punishable Acts
Data Interference
Elements:
1)There is an alteration, damage,
deletion or deterioration of computer
data, electronic document or electronic data
messages,
2) without right,
3) by reckless or intentional conduct or by
introducing or transmitting viruses.

Punishable Acts
System Interference
Elements:
1.A person, without right or authority,
2.Intentionally alters or recklessly hinders or
interferes with the functioning of a computer or
computer network,
3.By inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data
or program, electronic document, or data message; or
b. Introducing or transmitting viruses.

Punishable Acts
Misuse of devices Elements:
1. A person, whether natural or juridical,
2. Uses, produces, sells, procures, imports, distributes or otherwise makes
available, without right, of:
(a) A device, including a computer program, designed or adapted primarily
for the purpose of committing any of the offenses under the Act, or
(b) 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 can be used for the purpose of committing any offenses under the
Act.
2. The possession of (a) and (b) with intent to use for the purpose of
committing any of the offenses under Section 4, RA 10175.

Punishable Acts
Cyber-squatting
Elements:
1. A person (natural or juridical);
2. Acquires a domain name in the internet;
3. Domain name is similar, identical, or confusingly similar to
an existing trademark registered with the appropriate
government agency at the time of the domain name
registration, or, in case of a personal name, identical or in any
way similar with the name of a person other than the
registrant;
4. Purpose is to profit, misled, destroy reputation, and deprive
others from registering the same;
3. The acquisition is in bad faith; and
4. The acquisition is without right or with intellectual property
interests in it.

Punishable Acts
Computer-related Forgery Elements:
1. A person (natural or juridical),
2. Inputs, alters, or deletes any existing computer
data without right, and
3. Said act results in inauthentic data with the intent
that it can be considered or acted upon for legal
purposes as if it were authentic.

Punishable Acts
Computer-related Fraud.
Elements:
1.There is an input, alteration, or
deletion of computer data or program or
interference in the functioning of a computer
system,
2. The act is unauthorized,
3. The act is with fraudulent intent,
4. The act caused damage to another.
Note: If no damage has yet been caused, the
penalty imposed shall be one (1) degree lower.

Punishable Acts
Computer-related Identity Theft Requisites:
1. There is an identifying information belonging to
another, whether natural or juridical,
2. Another person acquires, uses, misuses,
transfers, possesses, alters or deletes such
identifying information,
3. The act is committed intentionally; and
4. The act is committed without right.

Punishable Acts
Cybersex
Elements:
1.A person willfully engages,
maintains, controls or operates any lascivious
exhibition of sexual organs or sexual activity.
2. He does it with the aid of a computer system.
3. His participation may be direct or indirect.
4. He does it for favor or consideration.

Jesus Disini, et. Al. vs. Secretary of Justice, et. al.

GR No. 203335 dated February 11, 2014:
Cybersex is explained as:
1. lack of intent to penalize a private showing xxx
between and among two private persons xxx.
2. the element of engaging in a business
is necessary to constitute the illegal cybersex.
3. The Act actually seeks to punish cyber prostitution,
white slave trade, and pornography for favor and
consideration.
4.This
includes
interactive
prostitution
and
pornography, i.e.,by webcam.

Punishable Acts
Child Pornography punishable
acts same in Republic Act No. 9775
or the Anti-Child Pornography Act of 2009.
Penalty is one degree higher.

Punishable Acts

Libel Elements are same in Article 355 of

RPC committed through a computer system
or any other similar means which may be
devised in the future. (Applicable only to
Author Supreme Court in Disini decision)

Punishable Acts
Other Offenses (Not Applicable to Child
Pornography, Unsolicited Commercial
Communications and Online Libel Supreme Court)
(a) Aiding or Abetting in the Commission of
Cybercrime.
(b) Attempt in the Commission of Cybercrime.

Punishable Acts
Section 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.
Penalty: One degree higher.

c. Provisions Declared
Unconstitutional
SECTION 12. Real-Time Collection of Traffic Data.
SECTION 19. Unsolicited Commercial Communications.

d. Enforcement and
Implementation
SEC. 10. Law Enforcement Authorities.
The cybercrime unit of the NBI and the
PNP shall exclusively handle violation of
punishable acts defined and penalized by the
Act.

Enforcement and Implementation

Preservation of Computer Data Duty to
preserve of Internet Service Providers:
1.Traffic data and subscriber information - six
(6) months from the date of the transaction.
2. Content data - six (6) months from the date
of receipt of the order from law enforcement
authorities requiring its preservation.

Enforcement and Implementation

LEAs 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.

Enforcement and Implementation

Section 14. Disclosure of Computer
Data. LEAs, upon securing a court
warrant, shall issue an order requiring any
person or SP to disclose or submit
subscribers information, traffic data or
relevant data in his/its possession or control
within seventy-two (72) hours from receipt of
the order.

Enforcement and Implementation

Section 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:

Enforcement and Implementation

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;

Enforcement and Implementation

(c) To maintain the integrity of the relevant
stored computer data;
(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.

Enforcement and Implementation

Pursuant thereof, the LEA 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.

Enforcement and Implementation

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.

Enforcement and Implementation

The Supreme Court on the Disini Case:
Petitioners challenge Section 15 on the assumption that it will
supplant established search and seizure procedures. On its face,
however, Section 15 merely enumerates the duties of law
enforcement authorities that would ensure the proper collection,
preservation, and use of computer system or data that have been
seized by virtue of a court warrant. The exercise of these duties do
not pose any threat on the rights of the person from whom they were
taken. Section 15 does not appear to supersede existing search and

Proof of Proper Collection and

Storage of Evidence:
Section 16. Custody of Computer Data:

- All computer data examined under a proper warrant

shall be deposited with the court within forty-eight (48)
hours after the expiration of the period fixed therein.
- It shall be deposited in a sealed package and
accompanied by an affidavit of the LEA 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.

Proof of Proper Collection and

Storage of Evidence:
- The LEA shall certify that no duplicates of the whole or
any part of the data have been made, or if made, that
all such duplicates are included in the package
deposited with the court.
- The package deposited shall not be opened, or the
recordings replayed, or used in evidence, or the
contents revealed, except upon order of the court, upon
motion with due notice and opportunity to be heard to
the person or persons whose communications have
been recorded.

Exclusionary Rule:
Section 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.

Enforcement and Implementation

Jurisdiction. The Regional Trial Court shall have
jurisdiction:
1.Cybercrime is committed by a Filipino regardless of
the place of commission.
2.One of the elements was committed in the
Philippines, or with the use of any computer system
wholly or partly situated in the country.
3.When damage is caused to a natural or juridical
person who, at the time the offense was committed,
was in the Philippines.

END OF PRESENTATION