The Cybercrime Summary

The Cybercrime Prevention Act of 2012 is a law in the Philippines that criminalizes computer
crimes like cybersquatting, cybersex, child pornography, identity theft, illegal access to data,
and libel. The law provides procedures for law enforcement to investigate and enforce
cybercrime offenses at the domestic and international level.
The Rationale and Purpose of the Law:
The Cybercrime Prevention Act of 2012 was enacted to address the rise of various
cybercrimes both globally and in the Philippines. Existing laws at the time did not
adequately criminalize emerging computer-related and online offenses like hacking, identity
theft, cybersex, child pornography, and libel committed online.
The law aims to adopt sufficient powers for law enforcement agencies to effectively
prevent, detect, investigate and prosecute cybercrime activities at the domestic and
international levels, It provides the legal basis and frameworks for law enforcement to
oppose cybercrimes that exploit computer systems, networks and the internet.
Roles of Law Enforcement Agencies:
The law designates the National Bureau of Investigation (NBI) and Philippine National Police
(PNP) as the primary enforcement agencies.
Dedicated cybercrime units were created within each agency to focus expertise on
cybercrime prevention and response. key responsibilities include monitoring cybercrime
cases, collecting digital evidence, restricting access to illicit data, obtaining warrants, and
international cooperation.
The Cybercrime Investigation and Coordinating Center (CICC) under the Office of the
President provides high-level oversight and policy coordination.
Categories of Cybercrime Offenses:
Offenses against confidentiality, integrity and availability of computer systems and data.
Computer-related fraud, forgery, and identity theft.
Content-related offenses like cybersex and child pornography.
Online libel.
Aiding/abetting cybercrime or attempted cybercrime.

Penalties:
Imprisonment ranging from prision mayor (6-12 years) to reclusion temporal (12-20 years)
depending on the offense.
Fines ranging from Php200,000 to Php1,000,000.
Higher penalties prescribed for offenses against critical infrastructure.
Corporate fines up to Php10 million if committed by employees.
Republic Act 10175, also known as the Cybercrime Prevention Act of 2012, consists of eight
chapters covering various aspects of cybercrime prevention and regulation in the
Philippines.
Chapter l Preliminary Provisions: This chapter defines the scope of the law, its objectives,
and the terms used throughout the act.
Chapter ll Punishable Acts: It outlines specific cybercrimes such as hacking, cybersex,

identity theft, and spamming, along with their corresponding penalties.
Chapter lll Enforcement and Implementation: This chapter discusses the role of law
enforcement agencies, procedures for investigation and prosecution, as well as
international cooperation in combating cybercrime.
Chapter lV Jurisdiction: It establishes the jurisdiction of Philippine courts over cybercrime

offenses committed within the country, regardless of where the data or network is located.
Chapter V Law Enforcement Authorities: This chapter delineates the powers and functions
of law enforcement agencies in the investigation and prosecution of cybercrimes.
Chapter Vl Preservation of Computer Data: It mandates the preservation of computer data
and the issuance of preservation orders to prevent the destruction or alteration of
evidence.
Chapter Vll Disclosure of Computer Data: This chapter allows law enforcement agencies to
compel service providers to disclose computer data related to cybercrime investigations.
Chapter Vlll Penalties: Chapter Vlll specifies the penalties for various cybercrimes, including
fines and imprisonment, depending on the severity of the offense.
1. Cybercrime Offenses: This section lists various acts that constitute cybercrimes, including
illegal access, interception, data interference, system interference, misuse of devices, cyber-
squatting, computer-related forgery, fraud, identity theft, cybersex, child pornography, and
unsolicited commercial communications.
2. Other Offenses: It states that aiding or abetting in the commission of cybercrime and
attempting to commit cybercrime are also considered offenses under the act.
3. Application of the Law: All crimes defined by the Revised Penal Code and special laws, if
committed using information and communications technologies, shall be covered by this Act.
The penalty imposed for these offenses shall be one degree higher than that provided for by
the Revised Penal Code or special laws.
4. Liability under Other Laws: Prosecution under this Act does not exempt individuals from
liability under the Revised Penal Code or special laws.
Jurisdiction: The Regional Trial Court has jurisdiction over any violation of the Act, regardless of
the place of commission, if any element of the offense occurred within the Philippines or if any
damage was caused to a person in the Philippines.
Special Cybercrime Courts: Special cybercrime courts manned by specially trained judges will
handle cybercrime cases.
International Cooperation: The Act emphasizes cooperation with relevant international

instruments and domestic laws for investigations or proceedings concerning criminal offenses
related to computer systems and data.
Competent Authorities:
Department of Justice (DOJ): An Office of Cybercrime within the DOJ is created as the central
authority for international mutual assistance and extradition matters.
Cybercrime Investigation and Coordinating Center (CICC): This inter-agency body, under the
administrative supervision of the Office of the President, is responsible for policy coordination
among concerned agencies, formulation and enforcement of the national cybersecurity plan,
and other related functions. Powers and Functions of CICC: The CICC is tasked with formulating
a national cybersecurity plan, coordinating measures to prevent and suppress cybercrime,
monitoring cybercrime cases, facilitating international cooperation, coordinating with various
sectors, recommending legislative measures, and performing other necessary functions related
to cybercrime prevention and suppression.
Appropriations: An annual appropriation of Fifty million pesos (PhP50,000,000.00) is allocated

for the implementation of the Act.
Implementing Rules and Regulations: The ICTO-DOST, DOJ, and DILG are tasked with
formulating the necessary rules and regulations within ninety (90) days from the approval of
the Act.
Separability Clause: If any provision of the Act is held invalid, the other provisions not affected
shall remain in full force and effect.
Repealing Clause: All laws, decrees, or rules inconsistent with the Act are repealed or modified
accordingly.
Effectivity: The Act shall take effect fifteen (15) days after its publication in the Official Gazette
or in at least two (2) newspapers of general circulation.

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The Cybercrime Prevention Act of 2012 is a law in the Philippines that criminalizes computer

The Rationale and Purpose of the Law:

Roles of Law Enforcement Agencies:

Categories of Cybercrime Offenses:

Computer-related fraud, forgery, and identity theft.

Content-related offenses like cybersex and child pornography.

Aiding/abetting cybercrime or attempted cybercrime.

Fines ranging from Php200,000 to Php1,000,000.

Higher penalties prescribed for offenses against critical infrastructure.

Corporate fines up to Php10 million if committed by employees.

Chapter ll Punishable Acts: It outlines specific cybercrimes such as hacking, cybersex,

Chapter lV Jurisdiction: It establishes the jurisdiction of Philippine courts over cybercrime

International Cooperation: The Act emphasizes cooperation with relevant international

Appropriations: An annual appropriation of Fifty million pesos (PhP50,000,000.00) is allocated

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