Declaration of Policy. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation. Definition of Terms. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the internet. It covers any type of device with data processing capabilities including, but not limited to, computers and mobile phones. The device consisting of hardware and software may include input, output and storage components which may stand alone or be connected in a network or other similar devices.
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Declaration of Policy. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation. Definition of Terms. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the internet.
It covers any type of device with data processing capabilities including, but not limited to, computers and mobile phones. The device consisting of hardware and software may include input, output and storage components which may stand alone or be connected in a network or other similar devices.
It also includes computer data storage devices or media. Cybercrime Offenses. Other Offenses. 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: Provided, That the penalty to be imposed shall be one 1 degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.
Liability under Other Laws. Any person found guilty of the punishable act under Section 4 a 5 shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos PhP, If punishable acts in Section 4 a are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos PhP, Any person found guilty of any of the punishable acts enumerated in Section 4 c 1 of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos PhP, Any person found guilty of any of the punishable acts enumerated in Section 4 c 2 of this Act shall be punished with the penalties as enumerated in Republic Act No.
Any person found guilty of any of the punishable acts enumerated in Section 4 c 3 shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos PhP50, Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one 1 degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos PhP, Corporate Liability.
If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five million pesos PhP5,, The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.
Law Enforcement Authorities. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act. Duties of Law Enforcement Authorities. Real-Time Collection of Traffic Data. All other data to be collected or seized or disclosed will require a court warrant.
Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information. The court warrant required under this section shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and the showing: 1 that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed, or is being committed, or is about to be committed: 2 that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and 3 that there are no other means readily available for obtaining such evidence.
Preservation of Computer Data. Content data shall be similarly preserved for six 6 months from the date of receipt of the order from law enforcement authorities requiring its preservation. Law enforcement authorities 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.
The service provider ordered to preserve computer data shall keep confidential the order and its compliance. Disclosure of Computer Data. Search, Seizure and Examination of Computer Data. Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:.
Pursuant thereof, the law enforcement authorities 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.
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. Custody of Computer Data. The law enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the package deposited with the court.
The package so deposited shall not be opened, or the recordings replayed, or used in evidence, or then contents revealed, except upon order of the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded.
Destruction of Computer Data. Exclusionary Rule. Restricting or Blocking Access to Computer Data. 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 Philippines. There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.
General Principles Relating to International Cooperation — All relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal, offense shall be given full force and effect.
SEC Department of Justice DOJ. Cybercrime Investigation and Coordinating Center. The CICC shall be manned by a secretariat of selected existing personnel and representatives from the different participating agencies.
Powers and Functions. Implementing Rules and Regulations. Separability Clause — If any provision of this Act is held invalid, the other provisions not affected shall remain in full force and effect. Repealing Clause. Section 33 a of Republic Act No. Speaker of the House of Representatives. This Act which is a consolidation of Senate Bill No. 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; 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.
Approved, Sgd. Speaker of the House of Representatives Sgd. Republic of the Philippines All content is in the public domain unless otherwise stated. Feedback Form.
In the Know: The cybercrime law
This law is already in effect as the Supreme Court uphold its constitutionality February 18, Although some provisions were deemed as unconstitutional struck down particularly Sections 4 c 3 , 7, 12, and It is a law considered to be 11 years in the making as various groups, organizations, and personalities lobbied for its passage. It took awhile for the law to be passed as legislators and various stakeholders need to understand the magnitude of cybercrime and whether the penalty provisions indicated in the E-Commerce Law — Republic Act is sufficient or not. I always look at cybercrime as something under the 2nd block or special penal laws where I think the E-Commerce Law is in. Although it seems there is now a set of laws in place that are already in that 3rd block and increasing further which may already include the E-Commerce Law as it is the first policy in place against hacking and online piracy. As we use and integrate ICT and Internet in our lives, perhaps it is possible that new forms of crimes can happen online and where broader or special legislation will have to be created that provides mandate for resource allotment too.
SC sets rules on issuance of warrants for Cybercrime law
It aims to address legal issues concerning online interactions and the Internet in the Philippines. Among the cybercrime offenses included in the bill are cybersquatting , cybersex , child pornography , identity theft , illegal access to data and libel. While hailed for penalizing illegal acts done via the Internet that were not covered by old laws, the act has been criticized for its provision on criminalizing libel, which is perceived to be a curtailment in freedom of expression. On October 9, , the Supreme Court of the Philippines issued a temporary restraining order, stopping implementation of the Act for days, and extended it on 5 February "until further orders from the court. On May 24, , The DOJ announced that the contentious online libel provisions of the law had been dropped. On February 18, , the Supreme Court ruled that section 5 of the law decision was constitutional, and that sections 4-C-3, 7, 12 and 19 were unconstitutional. The Cybercrime Prevention Act of is the one of the first law in the Philippines which specifically criminalizes computer crime , which prior to the passage of the law had no strong legal precedent in Philippine jurisprudence.