Acaso Final Report

RULE 3
Enforcement and Implementation

Section 9. 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 the Act.
The NBI and PNP
Section 10. Powers cybercrime unit or
and Functions of
Law Enforcement division shall have the
Authorities following powers and
functions:
• Investigate all cybercrimes
where computer systems are
involved;
Powers and • Conduct data recovery and
Functions of forensic analysis on computer
PNP and NBI systems and other electronic
evidence seized;
• Formulate guidelines in
investigation, forensic evidence
recovery, and forensic data
analysis consistent with industry
Powers and standard practices;
Functions of • Provide technological support to
investigating units within the PNP
PNP and NBI and NBI including the search,
seizure, evidence preservation and
forensic recovery of data from
crime scenes and systems used in
crimes, and provide testimonies;
• Develop public, private
sector, and law
enforcement agency
Powers and relations in addressing
Functions of cybercrimes;
PNP and NBI • Maintain necessary and
relevant databases for
statistical and/or
monitoring purposes;
• Develop capacity within their
organizations in order to
perform such duties necessary
Powers and for the enforcement of the
Act;
Functions of • Support the formulation and
PNP and NBI enforcement of the national
cybersecurity plan; and
• Perform other functions as
may be required by the Act.
Section 12. Preservation and Retention of
Computer Data.
The integrity of traffic data and subscriber

information shall be kept, retained and preserved
by a service provider 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.
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) – Office of Cybercrime for review and
monitoring.
Section 13. Collection of Computer Data
Law enforcement authorities, upon the issuance of a

court warrant, shall be authorized to collect or record by
technical or electronic means, and the service providers
are required to collect or record by technical or
electronic means and/or to cooperate and assist in the
collection or recording of computer data that are
associated with specified communications transmitted by
means of a computer system.
Law enforcement authorities, upon
securing a court warrant, shall issue an
order requiring any person or service
provider to disclose or submit, within
Section 14. seventy-two (72) hours from receipt of
such order, subscriber’s information,
Disclosure of traffic data or relevant data in his/its
possession or control, in relation to a valid
Computer Data complaint officially docketed and assigned
for investigation by law enforcement
authorities, and the disclosure of which is
necessary and relevant for the purpose of
investigation.
Where a search and
seizure warrant is
Section 15. Search, properly issued, the law
Seizure and
Examination of enforcement authorities
Computer Data shall likewise have the
following powers and
duties:
a. Within the time period specified in the warrant, to
conduct interception, as defined in this Rules, and to:
1.Search and seize computer data;

2.Secure a computer system or a computer data storage medium;
3.Make and retain a copy of those computer data secured;
4.Maintain the integrity of the relevant stored computer data;
5.Conduct forensic analysis or examination of the computer data storage
medium; and
6.Render inaccessible or remove those computer data in the accessed
computer or computer and communications network.
Section 16. Custody of Computer Data
All computer data, including content and traffic data, that are
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 have access
to 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.
Section 17. Destruction of Computer Data
Upon expiration of the periods as provided in

Sections 12 and 15 hereof, or until the final termination
of the case and/or as ordered by the Court, as the case
may be, service providers and law enforcement
authorities, as the case may be, shall immediately and
completely destroy the computer data that are the subject
of a preservation and examination order or warrant.
Section 18. Exclusionary Rule
Any evidence obtained without a

valid warrant or beyond the authority
of the same shall be inadmissible for
any proceeding before any court or
tribunal.
Section 19. Non-compliance.
Failure to comply with the provisions of Chapter IV of the
Act, and Rules 7 and 8 of Chapter VII hereof, specifically the
orders from law enforcement authorities, shall be punished as a
violation of Presidential Order No. 1829 (entitled “Penalizing
Obstruction Of Apprehension And Prosecution Of Criminal
Offenders”) with imprisonment of prision correccional in its
maximum period, or a fine of One Hundred Thousand Pesos
(P100,000.00), or both for each and every noncompliance with
an order issued by law enforcement authorities.
Section 20. Extent of Liability of a Service
Provider
Except as otherwise provided in this

Section, no person or party shall be subject to
any civil or criminal liability in respect of a
computer data for which the person or party
acting as a service provider merely provides
access if such liability is founded on:
Section 21. Jurisdiction
Except as otherwise provided in this

Section, no person or party shall be subject to
any civil or criminal liability in respect of a
computer data for which the person or party
acting as a service provider merely provides
access if such liability is founded on:
Section 22. Venue.
Criminal action for violation of the Act may be filed
with the RTC of the province or city where the
cybercrime or any of its elements is committed, or where
any part of the computer system used is situated, or
where any of the damage caused to a natural or juridical
person took place: Provided, That the court where the
criminal action is first filed shall acquire jurisdiction to
the exclusion of other courts.
Section 23. Designation of Cybercrime Courts
There shall be designated special

cybercrime courts manned by
specially trained judges to handle
cybercrime cases.
Section 24. Designation of Special Prosecutors
and Investigators
The Secretary of Justice shall designate

prosecutors and investigators who shall
comprise the prosecution task force or
division under the DOJ-Office of
Cybercrime, which will handle
cybercrime cases in violation of the Act.

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RULE 3

Enforcement and Implementation

• The National Bureau of

The integrity of traffic data and subscriber

Law enforcement authorities, upon the issuance of a

1.Search and seize computer data;

Upon expiration of the periods as provided in

Any evidence obtained without a

Except as otherwise provided in this

Except as otherwise provided in this

There shall be designated special

The Secretary of Justice shall designate

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