Republic Act No 10175-Chap 1

[ Republic Act No.
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 I
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 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.
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.
(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.

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[ Republic Act No.

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION,

Be it enacted by the Senate and House of Representatives of the Philippines in

(b) Alteration refers to the modification or change, in form or substance, of an existing

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

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

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

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

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

(h) Without right refers to either: (i) conduct undertaken without or in excess of

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

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

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

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

(m) Interception refers to listening to, recording, monitoring or surveillance of the

(n) Service provider refers to:

(o) Subscriber’s information refers to any information contained in the form of computer

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