Professional Documents
Culture Documents
Section 2. Declaration of Policy. — The State (f) Computer program refers to a set of
recognizes the vital role of information and instructions executed by the computer to
communications industries such as content achieve intended results.
production, telecommunications, broadcasting
electronic commerce, and data processing, in the
nation’s overall social and economic development. (g) Computer system refers to any device or
The State also recognizes the importance of group of interconnected or related devices,
providing an environment conducive to the one or more of which, pursuant to a
development, acceleration, and rational application program, performs automated processing of
and exploitation of information and data. It covers any type of device with data
communications technology (ICT) to attain free, processing capabilities including, but not
easy, and intelligible access to exchange and/or limited to, computers and mobile phones.
delivery of information; and the need to protect and The device consisting of hardware and
safeguard the integrity of computer, computer and software may include input, output and
communications systems, networks, and storage components which may stand alone
databases, and the confidentiality, integrity, and or be connected in a network or other similar
availability of information and data stored therein, devices. It also includes computer data
from all forms of misuse, abuse, and illegal access storage devices or media.
by making punishable under the law such conduct
or conducts. In this light, the State shall adopt (h) Without right refers to either: (i) conduct
sufficient powers to effectively prevent and combat undertaken without or in excess of
such offenses by facilitating their detection, authority; or (ii) conduct not covered by
investigation, and prosecution at both the domestic established legal defenses, excuses, court
and international levels, and by providing orders, justifications, or relevant principles
arrangements for fast and reliable international under the law.
cooperation.
(i) Cyber refers to a computer or a computer
Section 3. Definition of Terms. — For purposes of network, the electronic medium in which
this Act, the following terms are hereby defined as online communication takes place.
follows:
(j) Critical infrastructure refers to the
(a) Access refers to the instruction, computer systems, and/or networks,
communication with, storing data in, whether physical or virtual, and/or the
retrieving data from, or otherwise making computer programs, computer data and/or
use of any resources of a computer system traffic data so vital to this country that the
or communication network. incapacity or destruction of or interference
with such system and assets would have a
(b) Alteration refers to the modification or debilitating impact on security, national or
change, in form or substance, of an existing economic security, national public health
computer data or program. and safety, or any combination of those
matters.
(c) Communication refers to the transmission
of information through ICT media, including (k) Cybersecurity refers to the collection of
voice, video and other forms of data. tools, policies, risk management
approaches, actions, training, best
practices, assurance and technologies that
(d) Computer refers to an electronic,
can be used to protect the cyber
magnetic, optical, electrochemical, or other
environment and organization and user’s
data processing or communications device,
assets.
or grouping of such devices, capable of
performing logical, arithmetic, routing, or
storage functions and which includes any
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(l) Database refers to a representation of Section 4. Cybercrime Offenses. — The following
information, knowledge, facts, concepts, or acts constitute the offense of cybercrime punishable
instructions which are being prepared, under this Act:
processed or stored or have been prepared,
processed or stored in a formalized manner (a) Offenses against the confidentiality,
and which are intended for use in a integrity and availability of computer data
computer system. and systems:
(m) Interception refers to listening to, (1) Illegal Access. – The access to the
recording, monitoring or surveillance of the whole or any part of a computer
content of communications, including system without right.
procuring of the content of data, either
directly, through access and use of a (2) Illegal Interception. – The
computer system or indirectly, through the interception made by technical
use of electronic eavesdropping or tapping means without right of any non-
devices, at the same time that the public transmission of computer
communication is occurring. data to, from, or within a computer
system including electromagnetic
(n) Service provider refers to: emissions from a computer system
carrying such computer data.
(1) Any public or private entity that
provides to users of its service the (3) Data Interference. — The
ability to communicate by means of a intentional or reckless alteration,
computer system; and damaging, deletion or deterioration
of computer data, electronic
(2) Any other entity that processes or document, or electronic data
stores computer data on behalf of message, without right, including the
such communication service or users introduction or transmission of
of such service. viruses.
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(bb) The commercial Any person found guilty of the punishable act under
electronic Section 4(a)(5) shall be punished with imprisonment
communication does of prision mayor or a fine of not more than Five
not purposely hundred thousand pesos (PhP500,000.00) or both.
disguise the source of
the electronic If punishable acts in Section 4(a) are committed
message; and against critical infrastructure, the penalty
of reclusion temporal or a fine of at least Five
(cc) The commercial hundred thousand pesos (PhP500,000.00) up to
electronic maximum amount commensurate to the damage
communication does incurred or both, shall be imposed.
not purposely include
misleading Any person found guilty of any of the punishable
information in any acts enumerated in Section 4(c)(1) of this Act shall
part of the message in be punished with imprisonment of prision mayor or
order to induce the a fine of at least Two hundred thousand pesos
recipients to read the (PhP200,000.00) but not exceeding One million
message. pesos (PhPl,000,000.00) or both.
(4) Libel. — The unlawful or Any person found guilty of any of the punishable
prohibited acts of libel as defined in acts enumerated in Section 4(c)(2) of this Act shall
Article 355 of the Revised Penal be punished with the penalties as enumerated in
Code, as amended, committed Republic Act No. 9775 or the "Anti-Child
through a computer system or any Pornography Act of 2009″: Provided,That the
other similar means which may be penalty to be imposed shall be one (1) degree higher
devised in the future. than that provided for in Republic Act No. 9775, if
committed through a computer system.
Section 5. Other Offenses. — The following acts
shall also constitute an offense: Any person found guilty of any of the punishable
acts enumerated in Section 4(c)(3) shall be punished
(a) Aiding or Abetting in the Commission of with imprisonment of arresto mayor or a fine of at
Cybercrime. – Any person who willfully abets least Fifty thousand pesos (PhP50,000.00) but not
or aids in the commission of any of the exceeding Two hundred fifty thousand pesos
offenses enumerated in this Act shall be held (PhP250,000.00) or both.
liable.
Any person found guilty of any of the punishable
(b) Attempt in the Commission of acts enumerated in Section 5 shall be punished with
Cybercrime. — Any person who willfully imprisonment one (1) degree lower than that of the
attempts to commit any of the offenses prescribed penalty for the offense or a fine of at least
enumerated in this Act shall be held liable. One hundred thousand pesos (PhPl00,000.00) but
not exceeding Five hundred thousand pesos
Section 6. All crimes defined and penalized by the (PhP500,000.00) or both.
Revised Penal Code, as amended, and special laws,
if committed by, through and with the use of Section 9. Corporate Liability. — When any of the
information and communications technologies shall punishable acts herein defined are knowingly
be covered by the relevant provisions of this committed on behalf of or for the benefit of a
Act: Provided, That the penalty to be imposed shall juridical person, by a natural person acting either
be one (1) degree higher than that provided for by individually or as part of an organ of the juridical
the Revised Penal Code, as amended, and special person, who has a leading position within, based on:
laws, as the case may be. (a) a power of representation of the juridical person
provided the act committed falls within the scope of
Section 7. Liability under Other Laws. — A such authority; (b) an authority to take decisions on
prosecution under this Act shall be without behalf of the juridical person: Provided, That the act
prejudice to any liability for violation of any committed falls within the scope of such authority;
provision of the Revised Penal Code, as amended, or or (c) an authority to exercise control within the
special laws. juridical person, the juridical person shall be held
liable for a fine equivalent to at least double the fines
CHAPTER III imposable in Section 7 up to a maximum of Ten
PENALTIES million pesos (PhP10,000,000.00).
Section 8. Penalties. — Any person found guilty of If the commission of any of the punishable acts
any of the punishable acts enumerated in Sections herein defined was made possible due to the lack of
4(a) and 4(b) of this Act shall be punished with supervision or control by a natural person referred
imprisonment of prision mayor or a fine of at least to and described in the preceding paragraph, for the
Two hundred thousand pesos (PhP200,000.00) up benefit of that juridical person by a natural person
to a maximum amount commensurate to the acting under its authority, the juridical person shall
damage incurred or both. be held liable for a fine equivalent to at least double
the fines imposable in Section 7 up to a maximum
of Five million pesos (PhP5,000,000.00).
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The liability imposed on the juridical person shall be transaction. Content data shall be similarly
without prejudice to the criminal liability of the preserved for six (6) months from the date of receipt
natural person who has committed the offense. of the order from law enforcement authorities
requiring its preservation.
CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION Law enforcement authorities may order a one-time
extension for another six (6) months: Provided, That
Section 10. Law Enforcement Authorities. — The once computer data preserved, transmitted or
National Bureau of Investigation (NBI) and the stored by a service provider is used as evidence in a
Philippine National Police (PNP) shall be responsible case, the mere furnishing to such service provider
for the efficient and effective law enforcement of the of the transmittal document to the Office of the
provisions of this Act. The NBI and the PNP shall Prosecutor shall be deemed a notification to
organize a cybercrime unit or center manned by preserve the computer data until the termination of
special investigators to exclusively handle cases the case.
involving violations of this Act.
The service provider ordered to preserve computer
Section 11. Duties of Law Enforcement data shall keep confidential the order and its
Authorities. — To ensure that the technical nature compliance.
of cybercrime and its prevention is given focus and
considering the procedures involved for Section 14. Disclosure of Computer Data. — Law
international cooperation, law enforcement enforcement authorities, upon securing a court
authorities specifically the computer or technology warrant, shall issue an order requiring any person
crime divisions or units responsible for the or service provider to disclose or submit subscriber’s
investigation of cybercrimes are required to submit information, traffic data or relevant data in his/its
timely and regular reports including pre-operation, possession or control within seventy-two (72) hours
post-operation and investigation results and such from receipt of the order in relation to a valid
other documents as may be required to the complaint officially docketed and assigned for
Department of Justice (DOJ) for review and investigation and the disclosure is necessary and
monitoring. relevant for the purpose of investigation.
Section 12. Real-Time Collection of Traffic Data. — Section 15. Search, Seizure and Examination of
Law enforcement authorities, with due cause, shall Computer Data. — Where a search and seizure
be authorized to collect or record by technical or warrant is properly issued, the law enforcement
electronic means traffic data in real-time associated authorities shall likewise have the following powers
with specified communications transmitted by and duties.
means of a computer system.
Within the time period specified in the warrant, to
Traffic data refer only to the communication’s origin, conduct interception, as defined in this Act, and:
destination, route, time, date, size, duration, or type
of underlying service, but not content, nor (a) To secure a computer system or a
identities. computer data storage medium;
All other data to be collected or seized or disclosed (b) To make and retain a copy of those
will require a court warrant. computer data secured;
Service providers are required to cooperate and (c) To maintain the integrity of the relevant
assist law enforcement authorities in the collection stored computer data;
or recording of the above-stated information.
(d) To conduct forensic analysis or
The court warrant required under this section shall examination of the computer data storage
only be issued or granted upon written application medium; and
and the examination under oath or affirmation of
the applicant and the witnesses he may produce (e) To render inaccessible or remove those
and the showing: (1) that there are reasonable computer data in the accessed computer or
grounds to believe that any of the crimes computer and communications network.
enumerated hereinabove has been committed, or is
being committed, or is about to be committed: (2)
that there are reasonable grounds to believe that Pursuant thereof, the law enforcement authorities
may order any person who has knowledge about the
evidence that will be obtained is essential to the
conviction of any person for, or to the solution of, or functioning of the computer system and the
to the prevention of, any such crimes; and (3) that measures to protect and preserve the computer data
there are no other means readily available for therein to provide, as is reasonable, the necessary
obtaining such evidence. information, to enable the undertaking of the
search, seizure and examination.
Section 13. Preservation of Computer Data. — The
integrity of traffic data and subscriber information Law enforcement authorities may request for an
relating to communication services provided by a extension of time to complete the examination of the
service provider shall be preserved for a minimum computer data storage medium and to make a
return thereon but in no case for a period longer
period of six (6) months from the date of the
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than thirty (30) days from date of approval by the There shall be designated special cybercrime courts
court. manned by specially trained judges to handle
cybercrime cases.
Section 16. Custody of Computer Data. — All
computer data, including content and traffic data, CHAPTER VI
examined under a proper warrant shall, within INTERNATIONAL COOPERATION
forty-eight (48) hours after the expiration of the
period fixed therein, be deposited with the court in Section 22. General Principles Relating to
a sealed package, and shall be accompanied by an International Cooperation. — All relevant
affidavit of the law enforcement authority executing international instruments on international
it stating the dates and times covered by the cooperation in criminal matters, arrangements
examination, and the law enforcement authority agreed on the basis of uniform or reciprocal
who may access the deposit, among other relevant legislation, and domestic laws, to the widest extent
data. The law enforcement authority shall also possible for the purposes of investigations or
certify that no duplicates or copies of the whole or proceedings concerning criminal offenses related to
any part thereof have been made, or if made, that computer systems and data, or for the collection of
all such duplicates or copies are included in the evidence in electronic form of a criminal, offense
package deposited with the court. The package so shall be given full force and effect.
deposited shall not be opened, or the recordings
replayed, or used in evidence, or then contents CHAPTER VII
revealed, except upon order of the court, which shall COMPETENT AUTHORITIES
not be granted except upon motion, with due notice
and opportunity to be heard to the person or
Section 23. Department of Justice (DOJ). — There is
persons whose conversation or communications
hereby created an Office of Cybercrime within the
have been recorded.
DOJ designated as the central authority in all
matters related to international mutual assistance
Section 17. Destruction of Computer Data. — Upon and extradition.
expiration of the periods as provided in Sections 13
and 15, service providers and law enforcement
Section 24. Cybercrime Investigation and
authorities, as the case may be, shall immediately
Coordinating Center. — There is hereby created,
and completely destroy the computer data subject
of a preservation and examination. within thirty (30) days from the effectivity of this Act,
an inter-agency body to be known as the Cybercrime
Investigation and Coordinating Center (CICC),
Section 18. Exclusionary Rule. — Any evidence under the administrative supervision of the Office of
procured without a valid warrant or beyond the the President, for policy coordination among
authority of the same shall be inadmissible for any concerned agencies and for the formulation and
proceeding before any court or tribunal. enforcement of the national cybersecurity plan.
Section 19. Restricting or Blocking Access to Section 25. Composition. — The CICC shall be
Computer Data. — When a computer data is prima headed by the Executive Director of the Information
facie found to be in violation of the provisions of this and Communications Technology Office under the
Act, the DOJ shall issue an order to restrict or block Department of Science and Technology (ICTO-
access to such computer data. DOST) as Chairperson with the Director of the NBI
as Vice Chairperson; the Chief of the PNP; Head of
Section 20. Noncompliance. — Failure to comply the DOJ Office of Cybercrime; and one (1)
with the provisions of Chapter IV hereof specifically representative from the private sector and academe,
the orders from law enforcement authorities shall be as members. The CICC shall be manned by a
punished as a violation of Presidential Decree No. secretariat of selected existing personnel and
1829 with imprisonment of prision correctional in representatives from the different participating
its maximum period or a fine of One hundred agencies.1âwphi1
thousand pesos (Php100,000.00) or both, for each
and every noncompliance with an order issued by Section 26. Powers and Functions. — The CICC
law enforcement authorities. shall have the following powers and functions:
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(d) To facilitate international cooperation on
intelligence, investigations, training and
capacity building related to cybercrime
prevention, suppression and prosecution;
CHAPTER VIII
FINAL PROVISIONS