Types of Cybercrime

Types of Cybercrime Penalty
Prision mayor (imprisonment of six years and 1 day up to

12 years) or a fine of at least Two hundred thousand
pesos (P200,000) up to a maximum amount
commensurate to the damage incurred or BOTH.
1. Illegal access
————————If committed against critical
Unauthorized access (without right) to a computer system or
infrastructure:Reclusion temporal (imprisonment for
application.
twelve years and one day up to twenty years) or a fine of
at least Five hundred thousand pesos (P500,000) up to a
maximum amount commensurate to the damage incurred
or BOTH
2. Illegal interception
Unauthorized interception of any non-public transmission of – same as above
computer data to, from, or within a computer system.
3. Data Interference
Unauthorized alteration, damaging, deletion or deterioration
of computer data, electronic document, or electronic data
message, and including the introduction or transmission of – same as above
viruses.Authorized action can also be covered by this
provision if the action of the person went beyond agreed
scope resulting to damages stated in this provision.
4. System Interference
Unauthorized 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 – same as above
data messages, and including the introduction or transmission
of viruses.Authorized action can also be covered by this
provision if the action of the person went beyond agreed
scope resulting to damages stated in this provision.
5. Misuse of devices
The unauthorized use, possession, production, sale,
procurement, importation, distribution, or otherwise making
available, of devices, computer program designed or adapted
for the purpose of committing any of the offenses stated in – same as above except fine should be no more than Five
Republic Act 10175.Unauthorized use of computer password, hundred thousand pesos (P500,000).
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 Republic Act 10175.
6. Cyber-squatting
Acquisition of domain name over the Internet in bad faith to
profit, mislead, destroy reputation, and deprive others from
the registering the same. This includes those existing
trademark at the time of registration; names of persons other
than the registrant; and acquired with intellectual property
interests in it.Those who get domain names of prominent – same as above
brands and individuals which in turn is used to damage their
reputation – can be sued under this provision.Note that
freedom of expression and infringement on trademarks or
names of person are usually treated separately. A party can
exercise freedom of expression without necessarily violating
the trademarks of a brand or names of persons.
7. Computer-related Forgery Prision mayor (imprisonment of six years and 1 day up to

Unauthorized input, alteration, or deletion of computer data 12 years) or a fine of at least Two hundred thousand
resulting to inauthentic data with the intent that it be pesos (P200,000) up to a maximum amount
considered or acted upon for legal purposes as if it were commensurate to the damage incurred or BOTH.
authentic, regardless whether or not the data is directly
readable and intelligible; orThe act of knowingly using
computer data which is the product of computer-related
forgery as defined here, for the purpose of perpetuating a
fraudulent or dishonest design.
8. Computer-related Fraud
– same as aboveProvided, That if no damage has yet been
Unauthorized input, alteration, or deletion of computer data or
caused, the penalty imposed shall be one (1) degree
program or interference in the functioning of a computer
lower.
system, causing damage thereby with fraudulent intent.
9. Computer-related Identity Theft

Unauthorized acquisition, use, misuse, transfer, possession,
– same as above
alteration or deletion of identifying information belonging to
another, whether natural or juridical.
10. Cybersex
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, Prision mayor (imprisonment of six years and 1 day up to
for favor or consideration.There is a discussion on this matter 12 years) or a fine of at least Two hundred thousand
if it involves “couples” or “people in relationship” who engage pesos (P200,000) but not exceeding One million pesos
in cybersex. For as long it is not done for favor or (P1,000,000) or BOTH.
consideration, I don’t think it will be covered. However, if one
party (in a couple or relationship) sues claiming to be forced to
do cybersex, then it can be covered.
11. Child Pornography
Penalty to be imposed shall be one (1) degree higher than
Unlawful or prohibited acts defined and punishable
that provided for in Republic Act 9775, if committed
by Republic Act No. 9775 or the Anti-Child Pornography Act
through a computer system.
of 2009, committed through a computer system.
****** Unsolicited Commercial Communications (SPAMMING)

THIS PROVISION WAS STRUCK DOWN BY THE SUPREME
COURT AS UNCONSTITUTIONAL.
12. Libel Penalty to be imposed shall be one (1) degree higher than

Unlawful or prohibited acts of libel as defined in Article 355 of that provided for by the Revised Penal Code, as amended,
the Revised Penal Code, as amended committed through a
computer system or any other similar means which may be
devised in the future.Revised Penal Code Art. 355 states Libel
means by writings or similar means. — A libel committed by
means of writing, printing, lithography, engraving, radio,
phonograph, painting, theatrical exhibition, cinematographic
exhibition, or any similar means, shall be punished by prision
correccional in its minimum and medium periods or a fine
and special laws, as the case may be.
ranging from 200 to 6,000 pesos, or both, in addition to the
civil action which may be brought by the offended party.The
Cybercrime Prevention Act strengthened libel in terms of
penalty provisions.The electronic counterpart of libel has been
recognized since the year 2000 when the E-Commerce Law
was passed. The E-Commerce Law empowered all existing
laws to recognize its electronic counterpart whether
commercial or not in nature.
Imprisonment of one (1) degree lower than that of the

13. Aiding or Abetting in the commission of cybercrime – Any
prescribed penalty for the offense or a fine of at least One
person who willfully abets or aids in the commission of any of
hundred thousand pesos (P100,000) but not exceeding
the offenses enumerated in this Act shall be held liable.
Five hundred thousand pesos (P500,000) or both.
14. Attempt in the commission of cybercrime Any person who

willfully attempts to commit any of the offenses enumerated – same as above
in this Act shall be held liable.
15. All crimes defined and penalized by the Revised Penal

Code, as amended, and special laws, if committed by, through Penalty to be imposed shall be one (1) degree higher than
and with the use of information and communications that provided for by the Revised Penal Code, as amended,
technologies shall be covered by the relevant provisions of and special laws, as the case may be.
this Act.
Although not exactly a cybercrime, I am including this here as For sanctioned actions, Juridical person shall be held
penalties are also imposed by the law. liable for a fine equivalent to at least double the fines
16. Corporate Liability. (Section 9)
When any of the punishable acts herein defined are knowingly
committed on behalf of or for the benefit of a juridical person, imposable in Section 7 up to a maximum of Ten million
by a natural person acting either individually or as part of an pesos (P10,000,000).For neglect such as misuse of
organ of the juridical person, who has a leading position computer resources that resulted to cybercrime
within, based on:(a) a power of representation of the juridical committed in organization physical or virtual premises or
person provided the act committed falls within the scope of resources, juridical person shall be held liable for a fine
such authority;(b) an authority to take decisions on behalf of equivalent to at least double the fines imposable in
the juridical person. Provided, That the act committed falls Section 7 up to a maximum of Five million pesos
within the scope of such authority; or(c) an authority to (P5,000,000).Criminal liability may still apply to the
exercise control within the juridical person,It also includes natural person.
commission of any of the punishable acts made possible due
to the lack of supervision or control.

Types of Cybercrime

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Types of Cybercrime Penalty

Prision mayor (imprisonment of six years and 1 day up to

7. Computer-related Forgery Prision mayor (imprisonment of six years and 1 day up to

9. Computer-related Identity Theft

****** Unsolicited Commercial Communications (SPAMMING)

12. Libel Penalty to be imposed shall be one (1) degree higher than

Imprisonment of one (1) degree lower than that of the

14. Attempt in the commission of cybercrime Any person who

15. All crimes defined and penalized by the Revised Penal

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