JABONE, NICO T.

ASSIGNMENT # 3C SEPT 26, 2020

CDI 6C 1:30-5:30 TF SCORE:

LAW CYBER-OFFENSE PENALTY

ACCESS DEVICE FRAUD:
REPUBLIC a) Producing, using, trafficking A fine of Ten thousand pesos
ACT NO. 8484 in one or more counterfeit
access devices;
(P10,000.00) or twice the value
obtained by the offense, and
imprisonment for not less than
ten (10) years and for not more
than twelve (12) years
b) Trafficking in one or more A fine of Ten thousand pesos
unauthorized access devices (P10,000.00) or twice the value
or access devices obtained by the offense,
fraudulently applied for; whichever is greater and
imprisonment for not less than
six (6) years and not more than
ten (10) years
c) Using, with intent to A fine of Ten thousand pesos
defraud, an unauthorized (P10,000.00) or twice the value
access device; obtained by the offense,
whichever is greater and
imprisonment for not less than
six (6) years and not more than
ten (10) years
d) Using an access device A fine of Ten thousand pesos
fraudulently applied for; (P10,000.00) or twice the value
obtained by the offense,
whichever is greater and
imprisonment for not less than
six (6) years and not more than
ten (10) years
e) Possessing one or more A fine of Ten thousand pesos
counterfeit access devices or (P10,000.00) or twice the value
access devices fraudulently obtained by the offense,
applied for; whichever is greater and
imprisonment for not less than
six (6) years and not more than
ten (10) years
f) Producing, trafficking in, A fine of Ten thousand pesos
having control or custody of, (P10,000.00) or twice the value
or possessing device-making obtained by the offense, and
or altering equipment imprisonment for not less than
without being in the ten (10) years and for not more
business or employment, than twelve (12) years
 which lawfully deals with the
manufacture, issuance, or
distribution of such
equipment;
g) Inducing, enticing, A fine of Ten thousand pesos
permitting or in any manner (P10,000.00) or twice the value
allowing another, for obtained by the offense,
consideration or otherwise whichever is greater and
to produce, use, traffic in imprisonment for not less than
counterfeit access devices, six (6) years and not more than
unauthorized access devices ten (10) years
or access devices
fraudulently applied for;
h) Multiple imprinting on more A fine of Ten thousand pesos
than one transaction record, (P10,000.00) or twice the value
sales slip or similar obtained by the offense,
document, thereby making it whichever is greater and
appear that the device imprisonment for not less than
holder has entered into a six (6) years and not more than
transaction other than those ten (10) years
which said device holder had
lawfully contracted for, or
submitting, without being an
affiliated merchant, an order
to collect from the issuer of
the access device, such extra
sales slip through an
affiliated merchant who
connives therewith, or,
under false pretenses of
being an affiliated merchant,
present for collection such
sales slips, and similar
documents;
i) Disclosing any information A fine of Ten thousand pesos
imprinted on the access (P10,000.00) or twice the value
device, such as, but not obtained by the offense,
limited to, the account whichever is greater and
number or name or address imprisonment for not less than
of the device holder, without six (6) years and not more than
the latter's authority or ten (10) years
permission;
j) Obtaining money or anything A fine of Ten thousand pesos
of value through the use of (P10,000.00) or twice the value
an access device, with intent obtained by the offense,
to defraud or with intent to whichever is greater and
gain and fleeing thereafter; imprisonment for not less than
 six (6) years and not more than
ten (10) years
k) Having in one's possession, A fine of Ten thousand pesos
without authority from the (P10,000.00) or twice the value
owner of the access device obtained by the offense,
or the access device whichever is greater and
company, an access device, imprisonment for not less than
or any material, such as slips, six (6) years and not more than
carbon paper, or any other ten (10) years
medium, on which the
access device is written,
printed, embossed, or
otherwise indicated;
l) Writing or causing to be A fine of Ten thousand pesos
written on sales slips, (P10,000.00) or twice the value
approval numbers from the obtained by the offense,
issuer of the access device of whichever is greater and
the fact of approval, where imprisonment for not less than
in fact no such approval was six (6) years and not more than
given, or where, if given, ten (10) years
what is written is
deliberately different from
the approval actually given;
m) Making any alteration, A fine of Ten thousand pesos
without the access device (P10,000.00) or twice the value
holder's authority, of any obtained by the offense,
amount or other information whichever is greater and
written on the sales slip; imprisonment for not less than
six (6) years and not more than
ten (10) years
n) Effecting transaction, with A fine of Ten thousand pesos
one or more access devices (P10,000.00) or twice the value
issued to another person or obtained by the offense,
persons, to receive payment whichever is greater and
or any other thing of value; imprisonment for not less than
six (6) years and not more than
ten (10) years
o) Without the authorization of A fine of Ten thousand pesos
the issuer of the access (P10,000.00) or twice the value
device, soliciting a person for obtained by the offense,
the purpose of: whichever is greater and
1) offering an access imprisonment for not less than
device; or six (6) years and not more than
2) selling information ten (10) years
regarding or an
application to obtain an
access device; or
p) Without the authorization of A fine of Ten thousand pesos
the credit card system (P10,000.00) or twice the value
member or its agent, causing obtained by the offense,
or arranging for another whichever is greater and
person to present to the imprisonment for not less than
member or its agent, for six (6) years and not more than
payment, one or more ten (10) years
evidence or records of
transactions made by credit
card.
Conspiracy to commit access Each of the parties to such
device fraud: If two (2) or more conspiracy shall be punished as
persons conspire to commit any in the case of the doing of the
of the offenses listed in Section 9 act, the accomplishment of
and one or more of such persons which is the object of such
does any act to effect the object conspiracy.
of the conspiracy
Frustrated and attempted Shall be punished with two-
access device fraud: Any person thirds (2/3) of the fine and
who performs all the acts of imprisonment provided for the
execution which would produce consummated offenses listed in
any of the unlawful acts said section. Any person who
enumerated in Section 9 of this commences the commission of
Act, but which nevertheless does any of the unlawful acts
not produce it by reason of enumerated in Section 9 of this
causes independent of the will of Act directly by overt acts and
said person does not perform all the acts of
execution which would produce
the said acts by reason of some
cause or accident other than said
person's own spontaneous
desistance, shall be punished
with one-half (1/2) of the fine
and imprisonment provided for
the consummated offenses listed
in the said section.
Accessory to access device One-half (1/2) of the fine and
fraud: Any person who, with imprisonment provided for the
intent to gain for himself or for applicable consummated
another, buy, receives, offenses listed in Section 9 of
possesses, keeps, acquires, this Act. Said person shall be
conceals, sells, or disposes of, prosecuted under this Act or
shall buy and sell, or in any under the Anti-Fencing Law of
manner deal in any article, item, 1979 (Presidential Decree No.
object or anything of value 1612) whichever imposes the
which he knows or should be longer prison term as penalty for
known to him, to have been the consummated offense.
 acquired through the use of
counterfeit access device or an
unauthorized access device or an
access device known to him to
have been fraudulently applied
for, shall be considered as an
accessory to an access device
fraud
 Hacking or crackling: shall be punished by a minimum
REPUBLIC Unauthorized access into or
interference in a computer
fine of One Hundred Thousand
pesos (P 100,000.00) and a
ACT NO. 8792 system/server or information
and communication system; or
maximum commensurate to the
damage incurred and a
any access in order to corrupt, mandatory imprisonment of six
alter, steal, or destroy using a (6) months to three (3) years;
computer or other similar
information and communication
devices, without the knowledge
and consent of the owner of the
computer or information and
communications system,
including the introduction of
computer viruses and the like,
resulting in the corruption,
destruction, alteration, theft or
loss of electronic data messages
or electronic documents
Piracy: the unauthorized shall be punished by a minimum
copying, reproduction, fine of one hundred thousand
dissemination, or distribution, pesos (P 100,000.00) and a
importation, use, removal, maximum commensurate to the
alteration, substitution, damage incurred and a
modification, storage, uploading, mandatory imprisonment of six
downloading, communication, (6) months to three (3) years;
making available to the public, or
broadcasting of protected
material, electronic signature or
copyrighted works including
legally protected sound
recordings or phonograms or
information material on
protected works, through the
use of telecommunication
networks, such as, but not
limited to, the internet, in a
manner that infringes
intellectual property rights
 Violations of the Consumer Act shall be penalized with the same
of Republic Act No. 7394 and penalties as provided in those
other relevant to pertinent laws laws;
through transaction covered by Other violations of the provisions
or using electronic data of this act shall be penalized with
messages or electronic a maximum penalty of one
documents million pesos (P 1,000,000.00) or
six (6) years imprisonment.
To take photo or video coverage imprisonment of not less than
REPUBLIC of a person or group of persons
performing sexual act or any
three (3) years but not more
than seven (7) years and a fine of
ACT NO. 9995 similar activity or to capture an
image of the private area of a
not less than One hundred
thousand pesos (P100,000.00)
person/s such as the naked or but not more than Five hundred
undergarment clad genitals, thousand pesos (P500,000.00),
public area, buttocks or female or both, at the discretion of the
breast without the consent of court shall be imposed
the person/s involved and under
circumstances in which the
person/s has/have a reasonable
expectation of privacy;
 To copy or reproduce, or to imprisonment of not less than
cause to be copied or three (3) years but not more
reproduced, such photo or video than seven (7) years and a fine of
or recording of sexual act or any not less than One hundred
similar activity with or without thousand pesos (P100,000.00)
consideration; but not more than Five hundred
thousand pesos (P500,000.00),
or both, at the discretion of the
court shall be imposed
To sell or distribute, or cause to imprisonment of not less than
be sold or distributed, such three (3) years but not more
photo or video or recording of than seven (7) years and a fine of
sexual act, whether it be the not less than One hundred
original copy or reproduction thousand pesos (P100,000.00)
thereof; or but not more than Five hundred
thousand pesos (P500,000.00),
or both, at the discretion of the
court shall be imposed
To publish or broadcast, or imprisonment of not less than
cause to be published or three (3) years but not more
broadcast, whether in print or than seven (7) years and a fine of
broadcast media, or show or not less than One hundred
exhibit the photo or video thousand pesos (P100,000.00)
coverage or recordings of such but not more than Five hundred
sexual act or any similar activity thousand pesos (P500,000.00),
through VCD/DVD, internet, or both, at the discretion of the
 cellular phones and other similar court shall be imposed
means or device.
Unauthorized Processing of imprisonment ranging from one
REPUBLIC Personal Information and
Sensitive Personal
(1) year to three (3) years and a
fine of not less than Five
ACT NO. Information: persons who
process personal information
hundred thousand pesos
(Php500,000.00) but not more

10173 without the consent of the

data subject, or without
than Two million pesos
(Php2,000,000.00)
being authorized under this
Act or any existing law.
Unauthorized processing of imprisonment ranging from
personal sensitive three (3) years to six (6) years
information: persons who and a fine of not less than Five
process personal hundred thousand pesos
information without the (Php500,000.00) but not more
consent of the data subject, than Four million pesos
or without being authorized (Php4,000,000.00)
under this Act or any existing
law.
Accessing personal imprisonment ranging from one
information due to (1) year to three (3) years and a
negligence: persons who, fine of not less than Five
due to negligence, provided hundred thousand pesos
access to personal (Php500,000.00) but not more
information without being than Two million pesos
authorized under this Act or (Php2,000,000.00)
any existing law.
Accessing sensitive personal imprisonment ranging from
information due to three (3) years to six (6) years
negligence: persons who, and a fine of not less than Five
due to negligence, provided hundred thousand pesos
access to personal (Php500,000.00) but not more
information without being than Four million pesos
authorized under this Act or (Php4,000,000.00)
any existing law.
The improper disposal of  imprisonment ranging from six
personal information: Persons, (6) months to two (2) years and a
who knowingly or negligently fine of not less than One
dispose, discard or abandon the hundred thousand pesos
personal information of an (Php100,000.00) but not more
individual in an area accessible than Five hundred thousand
to the public or has otherwise pesos (Php500,000.00)
placed the personal information
of an individual in its container
for trash collection.
The improper disposal of  imprisonment ranging from one
sensitive personal information: (1) year to three (3) years and a
Persons, who knowingly or fine of not less than One
negligently dispose, discard or hundred thousand pesos
abandon the personal (Php100,000.00) but not more
information of an individual in an than One million pesos
area accessible to the public or (Php1,000,000.00)
has otherwise placed the
personal information of an
individual in its container for
trash collection.
Processing of Personal  imprisonment ranging from one
Information and Sensitive (1) year and six (6) months to
Personal Information for five (5) years and a fine of not
Unauthorized Purposes: persons less than Five hundred thousand
processing personal information pesos (Php500,000.00) but not
for purposes not authorized by more than One million pesos
the data subject, or otherwise (Php1,000,000.00)
authorized under this Act or
under existing laws.
The processing of sensitive imprisonment ranging from two
personal information for (2) years to seven (7) years and a
unauthorized purposes: persons fine of not less than Five
processing sensitive personal hundred thousand pesos
information for purposes not (Php500,000.00) but not more
authorized by the data subject, than Two million pesos
or otherwise authorized under (Php2,000,000.00)
this Act or under existing laws. 
Unauthorized Access or imprisonment ranging from one
Intentional Breach:   persons (1) year to three (3) years and a
who knowingly and unlawfully, fine of not less than Five
or violating data confidentiality hundred thousand pesos
and security data systems, (Php500,000.00) but not more
breaks in any way into any than Two million pesos
system where personal and (Php2,000,000.00) 
sensitive personal information is
stored.
Concealment of Security imprisonment of one (1) year
Breaches Involving Sensitive and six (6) months to five (5)
Personal Information: persons years and a fine of not less than
who, after having knowledge of Five hundred thousand pesos
a security breach and of the (Php500,000.00) but not more
obligation to notify the than One million pesos
Commission pursuant to Section (Php1,000,000.00)
20(f), intentionally or by
omission conceals the fact of
such security breach.
Unauthorized Disclosure:
 a) Any personal information imprisonment ranging from one
controller or personal (1) year to three (3) years and a
information processor or any fine of not less than Five
of its officials, employees or hundred thousand pesos
agents, who discloses to a (Php500,000.00) but not more
third party personal than One million pesos
information not covered by (Php1,000,000.00).
the immediately preceding
section without the consent
of the data subject
b) Any personal information imprisonment ranging from
controller or personal three (3) years to five (5) years
information processor or any and a fine of not less than Five
of its officials, employees or hundred thousand pesos
agents, who discloses to a (Php500,000.00) but not more
third party sensitive personal than Two million pesos
information not covered by (Php2,000,000.00).
the immediately preceding
section without the consent
of the data subject
Combination or Series of Acts: imprisonment ranging from
Any combination or series of acts three (3) years to six (6) years
as defined in Sections 25 to 32 and a fine of not less than One
million pesos (Php1,000,000.00)
but not more than Five million
pesos (Php5,000,000.00).
Bullying on school grounds; Required to undergo a
REPUBLIC property immediately adjacent
to school grounds; at school-
rehabilitation program which
shall be administered by the
ACT NO. sponsored or school-related
activities, functions or programs
institution concerned. The
parents of the said perpetrator

10627 whether on or off school

grounds; at school bus stops; on
shall be encouraged by the said
institution to join the
school buses or other vehicles rehabilitation program;
owned, leased or used by a
school; or through the use of
technology or an electronic
device owned, leased or used by
a school;
 Bullying at a location, activity, Required to undergo a
function or program that is not rehabilitation program which
school-related and through the shall be administered by the
use of technology or an institution concerned. The
electronic device that is not parents of the said perpetrator
owned, leased or used by a shall be encouraged by the said
school if the act or acts in institution to join the
question create a hostile rehabilitation program;
 environment at school for the
victim, infringe on the rights of
the victim at school, or
materially and substantially
disrupt the education process or
the orderly operation of a school
Retaliation against a person who Required to undergo a
reports bullying, who provides rehabilitation program which
information during an shall be administered by the
investigation of bullying, or who institution concerned. The
is a witness to or has reliable parents of the said perpetrator
information about bullying shall be encouraged by the said
institution to join the
rehabilitation program;
Subject a student who knowingly disciplinary administrative action
makes a false accusation of
bullying

REFERENCE:

https://lawphil.net/statutes/repacts/ra1998/ra_8484_1998.html
https://www.lawphil.net/statutes/repacts/ra2000/rao2_2000.html
https://www.lawphil.net/statutes/repacts/ra2010/ra_9995_2010.html
https://www.lawphil.net/statutes/repacts/ra2012/ra_10173_2012.html
https://www.lawphil.net/statutes/repacts/ra2013/ra_10627_2013.html