CYBERCRIME LAW IN PHILIPPINES

1. What are the acts that constitute a cybercrime under the law?

Offenses against the confidentiality, integrity and availability of computer data and systems:

(1) Illegal Access.

(2) Illegal Interception..
(3) Data Interference.
(4) System Interference.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or otherwise
making available, without right, of:
(aa) A device, including a computer program, designed or adapted primarily for the
purpose of committing any of the offenses under this Act; or
(bb) 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 be used for the
purpose of committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with
intent to use said devices for the purpose of committing any of the offenses under this
section.
(6) Cyber-squatting. –
(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. —
(3) Computer-related Identity Theft..
(c) Content-related Offenses:

(1) Cybersex. —
(2) Child Pornography.

(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 (opt-out) 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.

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION,

SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES

CHAPTER I
PRELIMINARY PROVISIONS

Section 1. Title. — This Act shall be known as the "Cybercrime Prevention Act of 2012″.

Section 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 nation’s 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.

Section 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.

(c) Communication refers to the transmission of information through ICT media, including

voice, video and other forms of data.

(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data

processing or communications device, or grouping of such devices, capable of performing
logical, arithmetic, routing, or storage functions and which includes any storage facility or
equipment or communications facility or equipment directly related to or operating in
conjunction with such device. 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.

(e) Computer data refers to any representation of facts, information, or concepts in a form

suitable for processing in a computer system including a program suitable to cause a
computer system to perform a function and includes electronic documents and/or electronic
data messages whether stored in local computer systems or online.

(f) Computer program refers to a set of instructions executed by the computer to achieve

intended results.

(g) Computer system refers to any device or group of interconnected or related devices, one

or more of which, pursuant to a program, performs automated processing of data. 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.

(h) Without right refers to either: (i) conduct undertaken 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.

(i) Cyber refers to a computer or a computer network, the electronic medium in which online

communication takes place.

(j) Critical infrastructure refers to the computer systems, and/or networks, whether physical

or virtual, and/or the computer programs, computer data and/or traffic data so vital to this
country that the incapacity or destruction of or interference with such system and assets
would have a debilitating impact on security, national or economic security, national public
health and safety, or any combination of those matters.

(k) Cybersecurity refers to the collection of tools, policies, risk management approaches,

actions, training, best practices, assurance and technologies that can be used to protect the
cyber environment and organization and user’s assets.

(l) Database refers to a representation of information, knowledge, facts, concepts, or

instructions which are being prepared, processed or stored or have been prepared,
processed or stored in a formalized manner and which are intended for use in a computer
system.

(m) Interception refers to 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.

(n) Service provider refers to:

 (1) Any public or private entity that provides to users of its service the ability to
communicate 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.

(o) Subscriber’s information refers to 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:

(1) The type of communication service used, the technical provisions taken thereto
and the period of service;

(2) The subscriber’s identity, postal or geographic address, telephone and other
access numbers, any assigned network address, billing and payment information,
available on the basis of the service agreement or arrangement; and

(3) Any other available information on the site of the installation of communication
equipment, available on the basis of the service agreement or arrangement.

(p) Traffic data or non-content data refers to any computer data other than the content of the
communication including, but not limited to, the communication’s origin, destination, route,
time, date, size, duration, or type of underlying service.

CHAPTER II
PUNISHABLE ACTS

Section 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime
punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability of computer data and
systems:

(1) Illegal Access. – The access to the whole or any part of a computer system
without right.

(2) Illegal Interception. – The interception made by technical means without right of
any non-public transmission of computer data to, from, or within a computer system
including electromagnetic emissions from a computer system carrying such computer
data.

(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or

deterioration of computer data, electronic document, or electronic data message,
without right, including the introduction or transmission of viruses.

(4) System Interference. — The intentional alteration or reckless hindering or

interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer data
or program, electronic document, or electronic data message, without right or
authority, including the introduction or transmission of viruses.
 (5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or

otherwise making available, without right, of:

(aa) A device, including a computer program, designed or adapted

primarily for the purpose of committing any of the offenses under this
Act; or

(bb) 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 be used for the purpose of committing any of the
offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above

with intent to use said devices for the purpose of committing any of the
offenses under this section.

(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. 1âwphi1

(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 (opt-out) 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.

Section 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.
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: 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.

Section 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to
any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.

CHAPTER III
PENALTIES

Section 8. Penalties. — Any person found guilty of any of the punishable acts enumerated in
Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at
least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to
the damage incurred or both.

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
(PhP500,000.00) or both.

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 (PhP500,000.00) up to
maximum amount commensurate to the damage incurred or both, shall be imposed.

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
(PhP200,000.00) but not exceeding One million pesos (PhPl,000,000.00) or both.

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. 9775 or the "Anti-Child
Pornography Act of 2009″: Provided, That the penalty to be imposed shall be one (1) degree higher
than that provided for in Republic Act No. 9775, if committed through a computer system.

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
(PhP50,000.00) but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both.

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 (PhPl00,000.00) but not exceeding Five hundred thousand
pesos (PhP500,000.00) or both.

Section 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 IV
ENFORCEMENT AND IMPLEMENTATION

Section 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.

Section 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.

Section 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 communication’s 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.

Section 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.

Section 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 or submit
subscriber’s information, traffic data or relevant data in his/its possession or control within seventy-
two (72) hours from receipt of the order in relation to a valid complaint officially docketed and
assigned for investigation and the disclosure is necessary and relevant for the purpose of
investigation.

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.

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.

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.

Section 16. Custody of Computer Data. — All computer data, including content and traffic data,
examined under a proper warrant shall, within forty-eight (48) hours after the expiration of the period
fixed therein, be deposited with the court in a sealed package, and shall be accompanied by an
affidavit of the law enforcement authority 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. 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.

Section 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.

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.

Section 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.

Section 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 V
JURISDICTION

Section 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 VI
INTERNATIONAL COOPERATION

Section 22. 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.

CHAPTER VII
COMPETENT AUTHORITIES
Section 23. Department of Justice (DOJ). — There is hereby created an Office of Cybercrime within
the DOJ designated as the central authority in all matters related to international mutual assistance
and extradition.

Section 24. Cybercrime Investigation and Coordinating Center. — There is hereby created, within
thirty (30) days from the effectivity of this Act, an inter-agency body to be known as the Cybercrime
Investigation and Coordinating Center (CICC), under the administrative supervision of the Office of
the President, for policy coordination among concerned agencies and for the formulation and
enforcement of the national cybersecurity plan.

Section 25. Composition. — The CICC shall be headed by the Executive Director of the Information
and Communications Technology Office under the Department of Science and Technology (ICTO-
DOST) as Chairperson with the Director of the NBI as Vice Chairperson; the Chief of the PNP; Head
of the DOJ Office of Cybercrime; and one (1) representative from the private sector and academe,
as members. The CICC shall be manned by a secretariat of selected existing personnel and
representatives from the different participating agencies.1âwphi1

Section 26. Powers and Functions. — The CICC shall have the following powers and functions:

(a) To formulate a national cybersecurity plan and extend immediate assistance for the
suppression of real-time commission of cybercrime offenses through a computer emergency
response team (CERT);

(b) To coordinate the preparation of appropriate and effective measures to prevent and
suppress cybercrime activities as provided for in this Act;

(c) To monitor cybercrime cases being bandied by participating law enforcement and
prosecution agencies;

(d) To facilitate international cooperation on intelligence, investigations, training and capacity

building related to cybercrime prevention, suppression and prosecution;

(e) To coordinate the support and participation of the business sector, local government units
and nongovernment organizations in cybercrime prevention programs and other related
projects;

(f) To recommend the enactment of appropriate laws, issuances, measures and policies;

(g) To call upon any government agency to render assistance in the accomplishment of the
CICC’s mandated tasks and functions; and

(h) To perform all other matters related to cybercrime prevention and suppression, including
capacity building and such other functions and duties as may be necessary for the proper
implementation of this Act.

CHAPTER VIII
FINAL PROVISIONS

Section 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000_00) shall be

appropriated annually for the implementation of this Act.
Section 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.

Section 29. Separability Clause — If any provision of this Act is held invalid, the other provisions not
affected shall remain in full force and effect.

Section 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.

Section 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.