Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
10175 ]
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION,
INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES
THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
CHAPTER
PRELIMINARY PROVISIONS
SECTION 1. Title. This Act shall be known as the Cybercrime Prevention Act of
2012.
SEC. 2. Declaration of Policy. The State recognizes the vital role of information and
communications industries such as content production, telecommunications,
broadcasting electronic commerce, and data processing, in the nations overall social
and economic development. The State also recognizes the importance of providing an
environment conducive to the development, acceleration, and rational application and
exploitation of information and communications technology (ICT) to attain free, easy,
and intelligible access to exchange and/or delivery of information; and the need to
protect and safeguard the integrity of computer, computer and communications
systems, networks, and databases, and the confidentiality, integrity, and availability of
information and data stored therein, from all forms of misuse, abuse, and illegal access
by making punishable under the law such conduct or conducts. 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.
SEC. 3. Definition of Terms. For purposes of this Act, the following terms are hereby
defined as follows:
(a) Access refers to the instruction, communication with, storing data in, retrieving data
from, or otherwise making use of any resources of a computer system or
communication network.
(b) Alteration refers to the modification or change, in form or substance, of an existing
computer data or program.
CHAPTER
PUNISHABLE ACTS
II
(6) Cyber-squatting. The acquisition of a domain name over the internet in bad faith to
profit, mislead, destroy reputation, and deprive others from registering the same, if such
a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration:
(ii) Identical or in any way similar with the name of a person other than the registrant, in
case of a personal name; and
(iii) Acquired without right or with intellectual property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery.
(i) The input, alteration, or deletion of any computer data without right resulting in
inauthentic data with the intent that it be considered or acted upon for legal purposes as
if it were authentic, regardless whether or not the data is directly readable and
intelligible; or
(ii) The act of knowingly using computer data which is the product of computer-related
forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest
design.
(2) Computer-related Fraud. The unauthorized input, alteration, or deletion of
computer data or program or interference in the functioning of a computer system,
causing damage thereby with fraudulent intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. The willful engagement, maintenance, control, or operation, directly or
indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of
a computer system, for favor or consideration.
(2) Child Pornography. The unlawful or prohibited acts defined and punishable
by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through
a computer system: Provided, That the penalty to be imposed shall be (1) one degree
higher than that provided for in Republic Act No. 9775.
(3) Unsolicited Commercial Communications. The transmission of commercial
electronic communication with the use of computer system which seek to advertise, sell,
or offer for sale products and services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or administrative
announcements from the sender to its existing users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple, valid, and reliable
way for the recipient to reject. receipt of further commercial electronic messages (optout) from the same source;
(bb) The commercial electronic communication does not purposely disguise the source
of the electronic message; and
(cc) The commercial electronic communication does not purposely include misleading
information in any part of the message in order to induce the recipients to read the
message.
(4) Libel. The unlawful or prohibited acts of libel as defined in Article 355 of the
Revised Penal Code, as amended, committed through a computer system or any other
similar means which may be devised in the future.
SEC. 5. Other Offenses. The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. Any person who willfully abets
or aids in the commission of any of the offenses enumerated in this Act shall be held
liable.
(b) Attempt in the Commission of Cybercrime. Any person who willfully attempts to
commit any of the offenses enumerated in this Act shall be held liable.
SEC. 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
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 (PhP100,000.00) but not
exceeding Five hundred thousand pesos (PhP500,000.00) or both.
SEC. 9. Corporate Liability. When any of the punishable acts herein defined are
knowingly committed on behalf of or for the benefit of a juridical person, by a natural
person acting either individually or as part of an organ of the juridical person, who has a
leading position within, based on: (a) a power of representation of the juridical person
provided the act committed falls within the scope of such authority; (b) an authority to
take decisions on behalf of the juridical person: Provided, That the act committed falls
within the scope of such authority; or (c) an authority to exercise control within the
juridical person, 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 Ten million pesos
(PhP10,000,000.00).
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
(PhP5,000,000.00).
The liability imposed on the juridical person shall be without prejudice to the criminal
liability of the natural person who has committed the offense.
CHAPTER
ENFORCEMENT AND IMPLEMENTATION
IV
SEC. 10. Law Enforcement Authorities. The National Bureau of Investigation (NBI)
and the Philippine National Police (PNP) shall be responsible for the efficient and
effective law enforcement of the provisions of this Act. 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.
SEC. 11. Duties of Law Enforcement Authorities. To ensure that the technical nature
of cybercrime and its prevention is given focus and considering the procedures involved
for international cooperation, law enforcement authorities specifically the computer or
technology crime divisions or units responsible for the investigation of cybercrimes are
required to submit timely and regular reports including pre-operation, post-operation and
investigation results and such other documents as may be required to the Department
of Justice (DOJ) for review and monitoring.
SEC. 12. Real-Time Collection of Traffic Data. Law enforcement authorities, with due
cause, shall be authorized to collect or record by technical or electronic means traffic
data in real-time associated with specified communications transmitted by means of a
computer system.
Traffic data refer only to the communications origin, destination, route, time, date, size,
duration, or type of underlying service, but not content, nor identities.
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.
SEC. 13. Preservation of Computer Data. The integrity of traffic data and subscriber
information relating to communication services provided by a service provider shall be
preserved for a minimum period of six (6) months from the date of the transaction.
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.
SEC. 14. Disclosure of Computer Data. Law enforcement authorities, upon securing
a court warrant, shall issue an order requiring any person or service provider to disclose
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.
SEC. 17. Destruction of Computer Data. Upon expiration of the periods as provided
in Sections 13 and 15, service providers and law enforcement authorities, as the case
may be, shall immediately and completely destroy the computer data subject of a
preservation and examination.
SEC. 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.
SEC. 19. Restricting or Blocking Access to Computer Data. When a computer data
is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an
order to restrict or block access to such computer data.
SEC. 20. Noncompliance. Failure to comply with the provisions of Chapter IV hereof
specifically the orders from law enforcement authorities shall be punished as a violation
of Presidential Decree No. 1829 with imprisonment of prision correctional in its
maximum period or a fine of One hundred thousand pesos (Php100,000.00) or both, for
each and every noncompliance with an order issued by law enforcement authorities.
CHAPTER
JURISDICTION
SEC. 21. Jurisdiction. The Regional Trial Court shall have jurisdiction over any
violation of the provisions of this Act. 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 Philippines.
There shall be designated special cybercrime courts manned by specially trained judges
to handle cybercrime cases.
CHAPTER
INTERNATIONAL COOPERATION
VI
VII
VIII
SEC. 27. Appropriations. The amount of Fifty million pesos (PhP50,000,000.00) shall
be appropriated annually for the implementation of this Act.
SEC. 28. Implementing Rules and Regulations. The ICTO-DOST, the DOJ and the
Department of the Interior and Local Government (DILG) shall jointly formulate the
necessary rules and regulations within ninety (90) days from approval of this Act, for its
effective implementation.
SEC. 29. Separability Clause If any provision of this Act is held invalid, the other
provisions not affected shall remain in full force and effect.
SEC. 30. Repealing Clause. All laws, decrees or rules inconsistent with this Act are
hereby repealed or modified accordingly. Section 33(a) of Republic Act No. 8792 or the
Electronic Commerce Act is hereby modified accordingly.
SEC. 31. Effectivity. This Act shall take effect fifteen (15) days after the completion of
its publication in the Official Gazette or in at least two (2) newspapers of general
circulation.
MANILA, Philippines - Netizens will now have to be careful with what they post online.
The Supreme Court (SC) yesterday upheld the constitutionality of a key provision in the controversial
Republic Act No. 10175 or Cybercrime Prevention Act that criminalizes online libel.
Justices of the high court voted in session to declare constitutional Section 4 (c) (4) of the law, which
penalizes acts of libel as defined in Article 355 of the Revised Penal Code (RPC) committed through a
computer system.
The SC ruled that imposition of cyber libel on the original author of the post is constitutional, but clarified
the same is unconstitutional insofar as it penalizes those who simply receive the post and react to it.
This means only the source of a malicious e-mail, post on social media like Facebook or any website,
tweet on Twitter can be held liable under RA 10175.
It was not, however, clarified whether forwarding, commenting, sharing or retweeting the item could be
considered a crime under the law.
The court said such provision violates the constitutional right against double jeopardy. This means a
netizen prosecuted for online libel under the cybercrime law could no longer be charged with a separate
case for libel under the Revised Penal Code.
The high court dismissed the constitutional questions raised in the 15 consolidated petitions on 19 other
provisions of RA 10175.
Among the key provisions declared constitutional by the SC were the sections penalizing illegal access,
data interference, cybersquatting, computer-related identity theft, cybersex, child pornography and
allowing search and seizure of computer data.
The SC, however, struck down as unconstitutional three other assailed provisions of the law: Section 4 (c)
(3), which penalizes unsolicited commercial communication; Section 12, which authorizes the collection or
recording of traffic data in real-time; and Section 19, which authorizes the Department of Justice (DOJ) to
restrict or block access to suspected computer data.
The magistrates voted on each of the assailed provisions, but Te said he was not informed as to how the
voting per provision went.
RA 10175 was supposed to take effect in October 2012 but its implementation was stopped by the SC
through a 120-day temporary restraining order that was extended for an indefinite period in February last
year.
With the SC ruling, Te explained the TRO has been automatically lifted.
That is functus officio (of no further legal efficacy) since the case is already done. As far as the provisions
that were not declared unconstitutional, the presumption of course is that they will now be enforceable
because they were not affected by the declaration of the Court, Te said. With Christina Mendez,
Artemio Dumlao