Republic Act No.

8792 transmission, routing, or providing of connections for

online communications.
“Electronic Commerce Act of 2000”  Necessary technical means by which electronic
Approved: June 14, 2000 documents of an originator may be stored and made
accessible to a designated or undesignated third party.
This Act aims to facilitate domestic and international
dealings, transactions, arrangements, agreements, contracts SECTION 33. Penalties.
and exchanges and storage of information through the a)(32) Hacking or cracking which refers to unauthorized
utilization of electronic, optical and similar medium, mode, access into or interference in a computer system/server or
instrumentality and technology to recognize the authenticity information and communication system; or any access in
and reliability of electronic data messages or electronic order to corrupt, alter, steal, or destroy using a computer.
documents related to such activities and to promote the [fine:P100,000.00 + 6mos-3yrs imprisonment]
universal use of electronic transactions in the government and
by the general public. b)(33) Piracy or the unauthorized copying, reproduction,
This Act shall apply to any kind of electronic data dissemination, distribution, importation, use, removal,
message and electronic document used in the context of alteration, making available to the public, or broadcasting of
commercial and non-commercial activities to include protected material, electronic signature or copyrighted works,
domestic and international dealings, transactions, in a manner that infringes intellectual property rights
arrangements, agreements, contracts and exchanges and [fine:P100,000.00 + 6mos-3yrs imprisonment]
storage of information.

Definition of Terms [PPT]

“Addressee” refers to a person who is intended by the E-Commerce - the process of buying and selling goods
originator to receive the electronic data message or electronic electronically by consumers and from company to company
document though computerized business transactions (e.g.Laz&Shopee)

“Computer” refers to any device or apparatus singly or Objectives of RA 8792

interconnected which, by electronic, electro-mechanical,  provide a secure legal framework and environment for
optical and/or magnetic impulse, or other means with the electronic commerce.
same function  protect the integrity of electronic documents and
“Electronic data message” refers to information generated, electronic signatures as well as its transmission and
sent, received or stored by electronic, optical or similar communication so as to build and ensure the trust and
means. reliance of the public on electronic transactions.

“Information and Communication System” refers to a Salient Features of RA 8792

system for generating, sending, receiving, storing or otherwise 1. It gives legal recognition of electronic data messages,
processing electronic data messages or electronic documents electronic documents, and electronic signatures. (sec 6 -13)
and includes the computer system  Sec. 6. Legal Recognition of Data Messages.
 Sec. 7. Legal Recognition of Electronic documents
“Electronic signature” refers to any distinctive mark,  Sec. 8. Legal Recognition of Electronic Signatures
characteristic and/or sound in electronic form, representing  Sec. 9. Presumption Relating to Electronic
the identity of a person and attached to or logically associated Signatures
with the electronic data message or electronic document  Sec. 10. Original Documents.
 Sec. 11. Authentication of Electronic Data
“Electronic document” refers to information or the Messages and Electronic Documents
representation of information, data, figures, symbols or other  Sec. 12. Admissibility and Evidential Weight of
modes of written expression, which is received, recorded, Electronic Data Message or electronic document
transmitted, stored, processed, retrieved or produced  Sec. 13. Retention of Electronic Data Message and
electronically. Electronic Document.
2. Allows the formation of contracts in electronic form.
“Electronic key” refers to a secret code which secures and (section 16)
defends sensitive information that crosses over public  Sec. 16. Formation and Validity of Electronic
channels into a form decipherable only with a matching Contracts.
electronic key.

“Intermediary” refers to a person who in behalf of another 3. Makes banking transactions done through ATM switching
person and with respect to a particular electronic data message networks absolute once consummated. (section 16)
or electronic document sends, receives and/or stores  Sec. 16. Formation and Validity of Electronic
“Originator” refers to a person by whom, or on whose behalf, Contracts.
the electronic document purports to have been created, 4. Parties are given the right to choose the type and level of
generated and/or sent. security methods that suit their needs. (section 24)
 Sec. 24. Choice of Security Methods
“Service provider” refers to a provider of — 5. Provides the mandate for the electronic implementation of
 Online services or network access, or the operator of transport documents to facilitate carriage of goods.(section 25
facilities therefor, including entities offering the and 26)
  Sec. 25. Actions Related to Contracts of Carriage of
Goods.
 Sec. 26. Transport Documents.
6. Mandates RPWeb to be implemented. RPWeb is a strategy
that intends to connect all government offices to the Internet
and provide universal access to the general public. (section
28)
 Sec. 28. RPWEB To Promote the Use Of Electronic
Documents and
7. Made cable, broadcast, and wireless physical infrastructure
within the activity of telecommunications. (section 28)
 Sec. 28. RPWEB To Promote the Use Of Electronic
Documents and
8. Empowers the Department of Trade and Industry to
supervise the development of e-commerce in the country.
(section 29)
 Sec. 29. Authority of the Department of Trade and
Industry and Participating Entities
10. Provided guidelines as to when a service provider can be
liable. (section 30)
 Sec. 30. Extent of Liability of a Service Provider.
11. Authorities and parties with the legal right can only gain
access to electronic documents, electronic data messages, and
electronic signatures. For confidentiality purposes, it shall not
share or convey to any other person.
 Sec. 31. Lawful Access.
 Sec. 32. Obligation of Confidentiality.
12. Hacking or cracking, refers to unauthorized access
including the introduction of computer viruses, is punishable
by a fine from 100 thousand to maximum commensurating to
the damage. With imprisonment from 6 months to 3 years.
 Sec. 33. Penalties
13. Piracy through the use of telecommunication networks,
such as the Internet, that infringes intellectual property rights
is punishable. The penalties are the same as hacking. (section
33)
 Sec. 33. Penalties
14. All existing laws such as the Consumer Act of the
Philippines also applies to e-commerce transactions. (section
33)
 Sec. 33. Penalties

“No one is above the law. Ignorance of the

law excuses no one.”
 Republic Act No. 8293 CHAPTER II: PATENTABILITY
"Intellectual Property Code of the CHAPTER III: RIGHT TO A PATENT
Philippines of 1997" Section 28. Right to a Patent. - The right to a patent belongs to
Approved: June 6, 1997 the inventor, his heirs, or assigns. When two (2) or more
PART I: THE INTELLECTUAL PROPERTY OFFICE persons have jointly made an invention, the right to a patent
Section 4. Definitions. - 4.1. The term "intellectual property shall belong to them jointly.
rights" consists of:
a) Copyright and Related Rights; Section 29. First to File Rule. - If two (2) or more persons
b) Trademarks and Service Marks; have made the invention separately and independently of each
c) Geographic Indications; other, the right to the patent shall belong to the person who
d) Industrial Designs; filed an application for such invention
e) Patents;
f) Layout-Designs (Topographies) of Integrated CHAPTER IV: PATENT APPLICATION
Circuits; and Section 32. The Application. - 32.1. The patent application
g) Protection of Undisclosed Information (n, TRIPS). shall be in Filipino or English and shall contain the following:
(a) A request for the grant of a patent;
4.2. The term "technology transfer arrangements" refers to (b) A description of the invention;
contracts or agreements involving the transfer of systematic (c) Drawings necessary for the understanding of the invention;
knowledge for the manufacture of a product, the application (d) One or more claims; and
of a process, or rendering of a service including management (e) An abstract.
contracts;
CHAPTER V: PROCEDURE FOR GRANT OF PATENT
4.3. The term "Office" refers to the Intellectual Property ection 40. Filing Date Requirements. - 40.1. The filing date of
Office created by this Act. a patent application shall be the date of receipt by the Office
of at least the following elements:
4.4. The term "IPO Gazette" refers to the gazette published (a) An express or implicit indication that a Philippine patent is
by the Office under this Act. sought;
(b) Information identifying the applicant; and
6.2. The Office shall be divided into six (6) Bureaus, each of (c) Description of the invention and one (1) or more claims in
which shall be headed by a Director and assisted by an Filipino or English.
Assistant Director. These Bureaus are:
a) The Bureau of Patents; CHAPTER XIII: INDUSTRIAL DESIGN
b) The Bureau of Trademarks; PART III: THE LAW ON TRADEMARKS, SERVICE
c) The Bureau of Legal Affairs; MARKS AND TRADE NAMES
d) The Documentation, Information and Technology Section 121. Definitions. - As used in Part III, the following
Transfer Bureau; terms have the following meanings:
e) The Management Information System and EDP
Bureau; and 121.1. "Mark" means any visible sign capable of
f) The Administrative, Financial and Personnel distinguishing the goods (trademark) or services (service
Services Bureau. mark) of an enterprise and shall include a stamped or marked
container of goods; (Sec. 38, R.A. No. 166a)
PART II: THE LAW ON PATENTS
CHAPTER I: GENERAL PROVISIONS 121.2. "Collective mark" means any visible sign designated as
Section 20. Definition of Terms Used in Part II, The Law on such in the application for registration and capable of
Patents. - As used in Part II, the following terms shall have the distinguishing the origin or any other common characteristic,
following meanings: including the quality of goods or services of different
enterprises which use the sign under the control of the
20.1. "Bureau" means the Bureau of Patents, registered owner of the collective mark; (Sec. 40, R.A. No.
166a)
20.2. "Director" means the Director of Patents;
121.3. "Trade name" means the name or designation
20.3. "Regulations" means the Rules of Practice in Patent identifying or distinguishing an enterprise; (Sec. 38, R.A. No.
Cases formulated by the Director of Patents and promulgated 166a)
by the Director General;
PART IV: THE LAW ON COPYRIGHT
20.4. "Examiner" means the patent examiner; CHAPTER I: PRELIMINARY PROVISIONS
171.1. "Author" is the natural person who has created the
20.5. "Patent application" or "application" means an work;
application for a patent for an invention except in Chapters
XII and XIII, where "application" means an application for a 171.2. A "collective work" is a work which has been created
utility model and an industrial design, respectively; and by two (2) or more natural persons at the initiative and under
the direction of another
20.6. "Priority date" means the date of filing of the foreign
application for the same invention referred to in Section 31 of 171.3. "Communication to the public" or "communicate to the
this Act public" means the making of a work available to the public by
wire or wireless means in such a way that members of the
public may access these works from a place and time
individually chosen by them;

171.4. A "computer" is an electronic or similar device having

information-processing capabilitie

171.5. "Public lending" is the transfer of possession of the

original or a copy of a work or sound recording for a limited
period, for non-profit purposes, by an institution the services
of which are available to the public

171.6. "Public performance", in the case of a work other than

an audiovisual work, is the recitation, playing, dancing, acting
or otherwise performing the work

171.7. "Published works" means works, which, with the

consent of the authors, are made available to the public by
wire or wireless means

171.8. "Rental" is the transfer of the possession of the original

or a copy of a work or a sound recording for a limited period
of time, for profit-making purposes;

171.9. "Reproduction" is the making of one (1) or more copies

of a work or a sound recording in any manner or form

171.10. A "work of applied art" is an artistic creation with

utilitarian functions or incorporated in a useful article

171.11. A "work of the Government of the Philippines" is a

work created by an officer or employee of the Philippine
Government or any of its subdivisions and instrumentalities

CHAPTER II: ORIGINAL WORKS

Section 172. Literary and Artistic Works.
(a) Books, pamphlets, articles and other writings;
(b) Periodicals and newspapers;
(c) Lectures, sermons, addresses, dissertations prepared for
oral delivery, whether or not reduced in writing or other
material form;
(d) Letters;
(e) Dramatic or dramatico-musical compositions;
choreographic works or entertainment in dumb shows;
(f) Musical compositions, with or without words;
(g) Works of drawing, painting, architecture, sculpture,
engraving, lithography or other works of art; ...

CHAPTER III: DERIVATIVE WORKS

Section 173. Derivative Works.
(a) Dramatizations, translations, adaptations, abridgments,
arrangements, and other alterations of literary or artistic
works; and
(b) Collections of literary, scholarly or artistic works, and
compilations of data and other materials which are original

CHAPTER V: COPYRIGHT OR ECONOMIC RIGHTS

Section 177. Copyright or Economic Rights.
CHAPTER VI: OWNERSHIP OF COPYRIGHT
Section 178. Rules on Copyright Ownership.
Section 179. Anonymous and Pseudonymous Works.
CHAPTER X: MORAL RIGHTS
Section 193. Scope of Moral Rights.
CHAPTER XI: RIGHTS TO PROCEEDS IN
SUBSEQUENT TRANSFERS
Section 200. Sale or Lease of Work.
 Republic Act No. 10175 services other than traffic or content data and by which
identity can be established:
“Cybercrime Prevention Act of 2012”
Approved: Sept. 12 2012 (p) Traffic data or non-content data refers to any computer
Passed: June 5, 2012 & June 4, 2012 data other than the content of the communication including,
but not limited to, the communication’s origin, destination,
SEC. 3. Definition of Terms. — For purposes of this Act, the route, time, date, size, duration, or type of underlying service.
following terms are hereby defined as follows:
(a) Access refers to the instruction, communication with, CHAPTER II: PUNISHABLE ACTS
storing data in, retrieving data from, or otherwise making use SEC. 4. Cybercrime Offenses. — The following acts
of any resources of a computer system or communication constitute the offense of cybercrime punishable under this
network. Act:

(b) Alteration refers to the modification or change, in form or (a) Offenses against the confidentiality, integrity and
substance, of an existing computer data or program. availability of computer data and systems:
(1) Illegal Access. – The access to the whole or any part of a
(c) Communication refers to the transmission of information computer system without right.
through ICT media (2) Illegal Interception. – The interception made by technical
means without right of any non-public transmission of
(d) Computer refers to an electronic, magnetic, optical, computer data
electrochemical, or other data processing or communications (3) Data Interference. — The intentional or reckless
device alteration, damaging, deletion or deterioration of computer
data
(e) Computer data refers to any representation of facts, (4) System Interference. — The intentional alteration or
information, or concepts in a form suitable for processing in a reckless hindering or interference with the functioning of a
computer system computer or computer network
(6) Cyber-squatting. – The acquisition of a domain name
(f) Computer program refers to a set of instructions executed over the internet in bad faith to profit, mislead, destroy
by the computer to achieve intended results. reputation, and deprive others from registering the same

(g) Computer system refers to any device or group of (b) Computer-related Offenses:
interconnected or related devices, one or more of which, (1) Computer-related Forgery. —
pursuant to a program, performs automated processing of (i) The input, alteration, or deletion of any computer data
data. without right resulting in inauthentic data with the intent that
it be considered or acted upon for legal purposes
(h) Cyber refers to a computer or a computer network, the (ii) The act of knowingly using computer data which is the
electronic medium in which online communication takes product of computer-related forgery as defined herein, for the
place. purpose of perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. — The unauthorized input,
(i) Critical infrastructure refers to the computer systems, alteration, or deletion of computer data or program or
and/or networks, whether physical or virtual, and/or the interference in the functioning of a computer system, causing
computer programs, computer data and/or traffic data so vital damage thereby with fraudulent intent
to this country that the incapacity or destruction of or (3) Computer-related Identity Theft. – The intentional
interference with such system and assets would have a acquisition, use, misuse, transfer, possession, alteration or
debilitating impact on security, national or economic security, deletion of identifying information belonging to another,
national public health and safety, or any combination of those whether natural or juridical
matters.
(c) Content-related Offenses:
(j) Cybersecurity refers to the collection of tools, policies, (1) Cybersex. — The willful engagement, maintenance,
risk management approaches, actions, training, best practices, control, or operation, directly or indirectly, of any lascivious
assurance and technologies that can be used to protect the exhibition of sexual organs or sexual activity, with the aid of a
cyber environment and organization and user’s assets. computer system, for favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts
(k) Database refers to a representation of information, defined and punishable by Republic Act No. 9775 or the Anti-
knowledge, facts, concepts, or instructions which are being Child Pornography Act of 2009, committed through a
prepared, processed or stored or have been prepared, computer system
processed or stored in a formalized manner and which are (3) Unsolicited Commercial Communications. — The
intended for use in a computer system. transmission of commercial electronic communication with
the use of computer system which seek to advertise, sell, or
(l) Interception refers to listening to, recording, monitoring offer for sale products and services are prohibited unless:
or surveillance of the content of communications,through the (4) Libel. — The unlawful or prohibited acts of libel as
use of electronic eavesdropping or tapping devices defined in Article 355 of the Revised Penal Code, as
amended, committed through a computer system or any other
(o) Subscriber’s information refers to any information similar means which may be devised in the future.
contained in the form of computer data or any other form that
is held by a service provider, relating to subscribers of its
 (1) Description of the personal information to be entered into
the system;

(2) Purposes for which they are being or are to be processed;

REPUBLIC ACT NO. 10173
(3) Scope and method of the personal information processing;
“Data Privacy Act of 2012”
Approved: Aug 15, 2012 (4) The recipients or classes of recipients to whom they are or
SEC. 3. Definition of Terms. may be disclosed;

(a) Commission shall refer to the National Privacy (5) Methods utilized for automated access, if the same is
Commission created by virtue of this Act. allowed by the data subject, and the extent to which such
access is authorized;
(b) Consent of the data subject refers to any freely given,
specific, informed indication of will, whereby the data subject (6) The identity and contact details of the personal
agrees to the collection and processing of personal information controller or its representative;
information about and/or relating to him or her.
(7) The period for which the information will be stored; and
(c) Data subject refers to an individual whose personal
information is processed. (8) The existence of their rights, i.e., to access, correction, as
well as the right to lodge a complaint before the Commission.
(d) Direct marketing refers to communication by whatever
means of any advertising or marketing material which is
directed to particular individuals.

(e) Filing system refers to any act of information relating to

natural or juridical persons

(f) Information and Communications System refers to a

system for generating, sending, receiving, storing or otherwise
processing electronic data messages or electronic documents

(g) Personal information refers to any information whether

recorded in a material form or not, from which the identity of
an individual

(h) Personal information controller refers to a person or

organization who controls the collection, holding, processing
or use of personal information

(i) Personal information processor refers to any natural or

juridical person qualified to act as such under this Act to
whom a personal information controller may outsource the
processing of personal data pertaining to a data subject.

(j) Processing refers to any operation or any set of operations

performed upon personal information including, but not
limited to, the collection, recording, organization, storage

(k) Privileged information refers to any and all forms of data

which under the Rules of Court and other pertinent laws
constitute privileged communication.

CHAPTER IV RIGHTS OF THE DATA SUBJECT

SEC. 16. Rights of the Data Subject. – The data subject is

entitled to:

(a) Be informed whether personal information pertaining to

him or her shall be, are being or have been processed;

(b) Be furnished the information indicated hereunder before

the entry of his or her personal information into the processing
system of the personal information controller, or at the next
practical opportunity:
 (3) Cybercrime Investigation and Coordination Center
(CICC)

Republic Act No. 10844

“Department of Information and
Communications Technology Act of
2015”
Approved: May 23, 2016
SEC. 3. Definition of Terms. – As used in this Act the
following terms are defined as follows:

(a) Information and Communications Technology or ICT

shall mean the totality of electronic means to access, create,
collect, store, process, receive, transmit, present and
disseminate information:

(b) Convergence shall mean the interface between and among

various telephony, radio, video, broadcasting and multimedia
infrastructure, devices and services, enabling users or
subscribers thereof to communicate with one another;

(c) Electronic Government or E-Government shall mean

the use of ICT by the government and the public to enhance
the access to and delivery of government services to bring
about efficient, responsive, ethical, accountable and
transparent government service:

(d) ICT Sector shall mean those engaged in providing goods

and services primarily intended to fulfill or enable the
function of information processing and communication by
electronic means.

(e) ICT-Enabled Services or ICT-ES Sector shall mean

those engaged in providing services that require the intrinsic
use of Id’s including engineering or architectural design

(f) Chief Information Officer or CIO shall mean a senior

officer in all national government agencies (NGAs), including
constitutional offices, state universities and colleges (SUCs),
government-owned and -controlled corporations (GOCCs),
and government financial institutions (GFIs) responsible for
the development and management of the agency’s ICT
systems and applications.

SEC. 15. Transfer of Agencies and Personnel.

(1) Information and Communications Technology Office
(ICTO);

(2) National Computer Center (NCC);

(3) National Computer Institute (NCI);

(4) Telecommunications Office (TELOF):

(5) National Telecommunications Training Institute (NTTT)

(6) All operating units of the Department of Transportation

and Communications (DOTC)

(1) National Telecommunications Commission (NTC)

(2) National Privacy Commission (NPC)