You are on page 1of 11

Republic of the Philippines to attain free, easy, and intelligible access to exchange and/or

CONGRESS OF THE PHILIPPINES delivery of information; and the need to protect and safeguard the
Metro Manila integrity of computer, computer and communications systems,
networks, and databases, and the confidentiality, integrity, and
Fifteenth Congress availability of information and data stored therein, from all forms
Second Regular Session of misuse, abuse, and illegal access by making punishable under
the law such conduct or conducts. In this light, the State shall
Begun and held in Metro Manila, on Monday, the twenty-fifth day adopt sufficient powers to effectively prevent and combat such
of July, two thousand eleven. offenses by facilitating their detection, investigation, and
prosecution at both the domestic and international levels, and by
providing arrangements for fast and reliable international
Section 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
Be it enacted by the Senate and House of Representatives of the
use of any resources of a computer system or
Philippines in Congress assembled:
communication network.
(b) Alteration refers to the modification or change, in form
or substance, of an existing computer data or program.
Section 1. Title. — This Act shall be known as the "Cybercrime
(c) Communication refers to the transmission of
Prevention Act of 2012″.
information through ICT media, including voice, video and
other forms of data.
Section 2. Declaration of Policy. — The State recognizes the vital
role of information and communications industries such as
(d) Computer refers to an electronic, magnetic, optical,
content production, telecommunications, broadcasting electronic
electrochemical, or other data processing or
commerce, and data processing, in the nation’s overall social and
communications device, or grouping of such devices,
economic development. The State also recognizes the
capable of performing logical, arithmetic, routing, or
importance of providing an environment conducive to the
storage functions and which includes any storage facility
development, acceleration, and rational application and
or equipment or communications facility or equipment
exploitation of information and communications technology (ICT)

actions. or instructions which are capabilities including. or (ii) conduct not computer system or indirectly. or concepts in a form suitable for processing vital to this country that the incapacity or destruction of or in a computer system including a program suitable to interference with such system and assets would have a cause a computer system to perform a function and debilitating impact on security. recording. through the use of covered by established legal defenses. time that the communication is occurring. including procuring of the content of (h) Without right refers to either: (i) conduct undertaken data. (k) Cybersecurity refers to the collection of tools. one or more of which. smart phones. (j) Critical infrastructure refers to the computer systems. It also includes computer (m) Interception refers to listening to. policies. output and storage and which are intended for use in a computer system. national or economic includes electronic documents and/or electronic data security. The device consisting of hardware and prepared. at the same orders. performs automated processing of (l) Database refers to a representation of information. computer networks and other devices connected to the internet. It covers any type of device with data processing knowledge. or relevant principles under the law. and/or networks. (f) Computer program refers to a set of instructions risk management approaches. excuses. national public health and safety. justifications. concepts. It covers any type of computer device including electronic medium in which online communication takes devices with data processing capabilities like mobile place. (n) Service provider refers to: . phones.directly related to or operating in conjunction with such (i) Cyber refers to a computer or a computer network. components which may stand alone or be connected in a network or other similar devices. practices. computers and being prepared. through access and use of a without or in excess of authority. training. assurance and technologies that can be used to protect the cyber environment and organization and (g) Computer system refers to any device or group of user’s assets. either directly. online. pursuant to a program. and/or the (e) Computer data refers to any representation of facts. but not limited to. facts. processed or stored in a formalized manner software may include input. or any messages whether stored in local computer systems or combination of those matters. the device. interconnected or related devices. whether physical or virtual. data storage devices or media. processed or stored or have been mobile phones. computer data and/or traffic data so information. monitoring or surveillance of the content of communications. court electronic eavesdropping or tapping devices. best executed by the computer to achieve intended results. computer programs. data.

the computer data or program. the installation of communication equipment. deletion or payment information. without right or size. emissions from a computer system carrying such computer data. billing and reckless alteration. damaging. available on the basis of the service agreement or (4) System Interference. from. or electronic data message. damaging. alteration or reckless hindering or interference with the functioning of a computer or computer (p) Traffic data or non-content data refers to any network by inputting. and Section 4. integrity and availability of computer data and systems: (o) Subscriber’s information refers to any information contained in the form of computer data or any other form (1) Illegal Access. — The intentional or any assigned network address. electronic document. without right. (3) Data Interference. communication’s origin. or within a technical provisions taken thereto and the period computer system including electromagnetic of service. electronic service agreement or arrangement. but not limited to. including the introduction or transmission of (3) Any other available information on the site of viruses. postal or geographic address. or electronic data message. and document. Cybercrime Offenses. destination. time. the transmission of computer data to. — The intentional arrangement. (2) The subscriber’s identity. altering or suppressing communication including. date. of its services other than traffic or content data and by which identity can be established: (2) Illegal Interception. route. telephone and other access numbers. duration. (1) Any public or private entity that provides to CHAPTER II users of its service the ability to communicate by PUNISHABLE ACTS means of a computer system. relating to subscribers any part of a computer system without right. – The access to the whole or that is held by a service provider. available on the basis of the deterioration of computer data. . computer data other than the content of the deleting. or type of underlying service. – The interception made by technical means without right of any non-public (1) The type of communication service used. (a) Offenses against the confidentiality. — The following acts constitute (2) Any other entity that processes or stores the offense of cybercrime punishable under this Act: computer data on behalf of such communication service or users of such service. deteriorating. transmitting.

and deprive others (2) Computer-related Fraud. (ii) Identical or in any way similar with the importation. or (b) Computer-related Offenses: (bb) A computer password. including the introduction or (i) Similar. to an existing trademark registered with the appropriate government agency at the (5) Misuse of Devices. identical. in case of a personal name. – The acquisition of a domain dishonest design. or confusingly similar transmission of viruses. if such a domain name input. destroy reputation. name over the internet in bad faith to profit. or deletion of any system is capable of being computer data without right resulting in accessed with intent that it be inauthentic data with the intent that it be used for the purpose of committing considered or acted upon for legal any of the offenses under this Act. procurement. mislead. and (aa) A device. regardless whether or not the data is (ii) The possession of an item referred to directly readable and intelligible. of committing any of the offenses under this Act. alteration.authority. sale. or similar data by which the whole or any part of a computer (i) The input. — code. purposes as if it were authentic. or otherwise name of a person other than the making available. distribution. — The unauthorized from registering the same. production. designed or (iii) Acquired without right or with adapted primarily for the purpose intellectual property interests in it. for the purpose of perpetuating a fraudulent or (6) Cyber-squatting. including a computer program. time of the domain name registration: (i) The use. related forgery as defined herein. or deletion of computer data or is: program or interference in the functioning of a . without right. or in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose (ii) The act of knowingly using computer of committing any of the offenses under data which is the product of computer- this section. alteration. access (1) Computer-related Forgery. of: registrant.

(iii) The following conditions are present: (c) Content-related Offenses: (aa) The commercial electronic communication contains a simple. communication is for service and/or possession. computer system. committed through a the electronic message. the penalty imposable shall be one (1) degree lower. receipt of indirectly. — The unlawful or (bb) The commercial electronic prohibited acts defined and punishable communication does not by Republic Act No. for favor or consideration. the penalty (i) There is prior affirmative consent from imposable shall be one (1) degree lower. causing damage thereby with which seek to advertise. misuse. directly or recipient to reject. That the penalty to be imposed shall be (1) one degree higher than (cc) The commercial electronic that provided for in Republic Act No. source. — information in any part of the The transmission of commercial electronic message in order to induce the communication with the use of computer system recipients to read the message. sell. or offer for sale fraudulent intent: Provided. the recipient. control. valid. or damage has yet been caused. That if no customers. whether natural sender to its existing users. of any lascivious exhibition of sexual further commercial electronic organs or sexual activity. (1) Cybersex. or operation. and computer system: Provided. and reliable way for the maintenance. with the aid of a messages (opt-out) from the same computer system. 9775. subscribers or or juridical. (2) Child Pornography. — The willful engagement. or (3) Computer-related Identity Theft. That if no products and services are prohibited unless: damage has yet been caused. 9775 or the Anti-Child purposely disguise the source of Pornography Act of 2009. – The (ii) The primary intent of the intentional acquisition. use. 1âwphi1 communication does not purposely include misleading (3) Unsolicited Commercial Communications. . without right: Provided. alteration or deletion of identifying administrative announcements from the information belonging to another. transfer.

(4) Libel.000. Any person found guilty of any of the punishable acts enumerated as amended. committed through a shall be punished with imprisonment of prision mayor or a fine of computer system or any other similar means at least Two hundred thousand pesos (PhP200.000. laws. Section 5. That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code. 9775 or the "Anti-Child Section 7.000. 9775. in Section 4(c)(2) of this Act shall be punished with the penalties as enumerated in Republic Act No. — The unlawful or prohibited acts of libel Section 8.00) up to (b) Attempt in the Commission of Cybercrime. Penalties. – (PhP500. if committed through a computer system.000.00) or both. as amended.00) up to a which may be devised in the future. and special laws.000. as amended. the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500. as amended. — A prosecution under Pornography Act of 2009″: Provided. All crimes defined and penalized by the Revised Penal in Section 4(c)(1) of this Act shall be punished with imprisonment Code. maximum amount commensurate to the damage incurred or both. if committed by.000.00) or both.000. as the case may be. Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held If punishable acts in Section 4(a) are committed against critical liable. Other Offenses. through of prision mayor or a fine of at least Two hundred thousand pesos and with the use of information and communications technologies (PhP200. Any person found guilty of any of the punishable acts enumerated Section 6. — Any maximum amount commensurate to the damage incurred or both. person who willfully attempts to commit any of the shall be imposed. and special laws. or special Republic Act No. Any person found guilty of any of the punishable acts enumerated CHAPTER III in Section 4(c)(3) shall be punished with imprisonment of arresto PENALTIES mayor or a fine of at least Fifty thousand pesos (PhP50. offenses enumerated in this Act shall be held liable. — Any person found guilty of any of the as defined in Article 355 of the Revised Penal punishable acts enumerated in Sections 4(a) and 4(b) of this Act Code. infrastructure.00) but not exceeding One million pesos shall be covered by the relevant provisions of this (PhPl. Act: Provided.That the penalty to be this Act shall be without prejudice to any liability for violation of imposed shall be one (1) degree higher than that provided for in any provision of the Revised Penal Code. — The following acts shall also Any person found guilty of the punishable act under Section constitute an offense: 4(a)(5) shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (a) Aiding or Abetting in the Commission of Cybercrime.00) . Liability under Other Laws.

000. Real-Time Collection of Traffic Data. who has this Act. The NBI and the PNP acts herein defined are knowingly committed on behalf of or for shall organize a cybercrime unit or center manned by special the benefit of a juridical person. investigation results and such other documents as may be required to the Department of Justice (DOJ) for review and If the commission of any of the punishable acts herein defined monitoring. (PhP5. shall be authorized to person acting under its authority. for the benefit of that juridical person by a natural enforcement authorities. law enforcement authorities specifically the exercise control within the juridical person. Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one (1) degree CHAPTER IV lower than that of the prescribed penalty for the offense or a fine ENFORCEMENT AND IMPLEMENTATION of at least One hundred thousand pesos (PhPl00.000. post-operation and pesos (PhP10.00). — Law paragraph. Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for the efficient and effective law Section 9. Corporate Liability.00) or both. the juridical person shall be held collect or record by technical or electronic means traffic data in liable for a fine equivalent to at least double the fines imposable real-time associated with specified communications transmitted in Section 7 up to a maximum of Five million pesos by means of a computer system.000. or (c) an authority to cooperation. That the act committed focus and considering the procedures involved for international falls within the scope of such authority. (b) an authority to take decisions on that the technical nature of cybercrime and its prevention is given behalf of the juridical person: Provided. — The National both.000. — To ensure scope of such authority.000. based on: (a) a power of representation of the juridical person provided the act committed falls within the Section 11. with due cause. — When any of the punishable enforcement of the provisions of this Act. prejudice to the criminal liability of the natural person who has committed the offense. the juridical person computer or technology crime divisions or units responsible for shall be held liable for a fine equivalent to at least double the the investigation of cybercrimes are required to submit timely and fines imposable in Section 7 up to a maximum of Ten million regular reports including pre-operation. .00) or Section 10. Law Enforcement Authorities. Duties of Law Enforcement Authorities. a leading position within.000. was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding Section 12. by a natural person acting either investigators to exclusively handle cases involving violations of individually or as part of an organ of the juridical person.but not exceeding Two hundred fifty thousand pesos The liability imposed on the juridical person shall be without (PhP250.000.00).00) but not exceeding Five hundred thousand pesos (PhP500.

Search. date. Within the time period specified in the warrant. time. shall issue an order requiring any person or service provider to disclose or submit The court warrant required under this section shall only be issued subscriber’s information. preserved. person for. or to the solution of. The service provider ordered to preserve computer data shall keep confidential the order and its compliance. evidence in a case. been committed. traffic data or relevant data in his/its or granted upon written application and the examination under possession or control within seventy-two (72) hours from receipt oath or affirmation of the applicant and the witnesses he may of the order in relation to a valid complaint officially docketed and produce and the showing: (1) that there are reasonable grounds assigned for investigation and the disclosure is necessary and to believe that any of the crimes enumerated hereinabove has relevant for the purpose of investigation. Law enforcement authorities may order a one-time extension for (c) To maintain the integrity of the relevant stored another six (6) months: Provided. or to the prevention of. transmitted or stored by a service provider is used as . or is being committed. and: traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a (a) To secure a computer system or a computer data minimum period of six (6) months from the date of the storage medium. Disclosure of Computer Data. destination.Traffic data refer only to the communication’s origin. All other data to be collected or seized or disclosed will require a court warrant. transaction. be deemed a notification to preserve the computer data until the termination of the case. — Where a search and seizure warrant is properly issued. but of the transmittal document to the Office of the Prosecutor shall not content. Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the Section 14. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement (b) To make and retain a copy of those computer data authorities requiring its preservation. as defined in this Act. and (3) that there are no other means readily available for powers and duties. or is about to be committed: (2) that there are reasonable grounds to believe that Section 15. — The integrity of interception. Seizure and Examination of Computer evidence that will be obtained is essential to the conviction of any Data. any such the law enforcement authorities shall likewise have the following crimes. secured. the mere furnishing to such service provider route. authorities. size. to conduct Section 13. That once computer data computer data. or type of underlying service. upon securing a court warrant. Preservation of Computer Data. — Law enforcement above-stated information. duration. nor identities. obtaining such evidence.

except upon order of the including any violation committed by a Filipino national regardless court. as is reasonable. — Failure to comply with the Section 16.000. (e) To render inaccessible or remove those computer Section 17. Section 19. or if JURISDICTION made. the DOJ shall issue an order to restrict medium and to make a return thereon but in no case for a period or block access to such computer data. — Upon expiration of data in the accessed computer or computer and the periods as provided in Sections 13 and 15. 1829 with imprisonment of prision the period fixed therein. The law enforcement authority shall also certify that no duplicates or CHAPTER V copies of the whole or any part thereof have been made. and law enforcement authorities. provisions of Chapter IV hereof specifically the orders from law including content and traffic data. the necessary a valid warrant or beyond the authority of the same shall be information. who may access the deposit. be deposited with the court in a sealed correctional in its maximum period or a fine of One hundred package. that all such duplicates or copies are included in the package deposited with the court. for each and every enforcement authority executing it stating the dates and times noncompliance with an order issued by law enforcement covered by the examination.00) or both. Exclusionary Rule. Jurisdiction shall lie if any of the . seizure and inadmissible for any proceeding before any court or tribunal. (d) To conduct forensic analysis or examination of the notice and opportunity to be heard to the person or persons computer data storage medium. examined under a proper enforcement authorities shall be punished as a violation of warrant shall. within forty-eight (48) hours after the expiration of Presidential Decree No. evidence. the law enforcement authorities may order any a preservation and examination. examination. person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer Section 18. or the recordings replayed. — The Regional Trial Court shall have shall not be opened. Restricting or Blocking Access to Computer Data. as the case may be. with due of the place of commission. shall immediately and completely destroy the computer data subject of Pursuant thereof. and shall be accompanied by an affidavit of the law thousand pesos (Php100. or used in jurisdiction over any violation of the provisions of this Act. service providers communications network. — Law enforcement authorities may request for an extension of time When a computer data is prima facie found to be in violation of to complete the examination of the computer data storage the provisions of this Act. longer than thirty (30) days from date of approval by the court. Section 20. or then contents revealed. Destruction of Computer Data. and the law enforcement authority authorities. — All computer data. which shall not be granted except upon motion. among other relevant data. to enable the undertaking of the search. Custody of Computer Data. — Any evidence procured without data therein to provide. Jurisdiction. Noncompliance. and whose conversation or communications have been recorded. The package so deposited Section 21.

offense shall be given commission of cybercrime offenses through a computer full force and effect. — All relevant international instruments on international cooperation in criminal matters. for the use of any computer system wholly or partly situated in the policy coordination among concerned agencies and for the country. arrangements Section 26.1âwphi1 Cooperation. Composition. and following powers and functions: domestic laws. assistance and extradition. or when by such commission any damage is caused to a formulation and enforcement of the national cybersecurity plan. Head of the DOJ CHAPTER VI Office of Cybercrime. an inter-agency body to be known as the Cybercrime Investigation and Coordinating Center (CICC). the Chief of the PNP. as members. to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses (a) To formulate a national cybersecurity plan and extend related to computer systems and data. within thirty (30) days from cybercrime prevention. CHAPTER VII (b) To coordinate the preparation of appropriate and COMPETENT AUTHORITIES effective measures to prevent and suppress cybercrime activities as provided for in this Act.elements was committed within the Philippines or committed with the administrative supervision of the Office of the President. Department of Justice (DOJ). Section 24. — There is hereby created an Office of Cybercrime within the DOJ designated as the (c) To monitor cybercrime cases being bandied by central authority in all matters related to international mutual participating law enforcement and prosecution agencies. the effectivity of this Act. emergency response team (CERT). natural or juridical person who. suppression and prosecution. Technology (ICTO-DOST) as Chairperson with the Director of the NBI as Vice Chairperson. General Principles Relating to International from the different participating agencies. Section 25. (d) To facilitate international cooperation on intelligence. at the time the offense was committed. Section 23. was in the Philippines. training and capacity building related to Center. The CICC shall be manned by a secretariat of selected existing personnel and representatives Section 22. — There is hereby created. — The CICC shall have the agreed on the basis of uniform or reciprocal legislation. under . Cybercrime Investigation and Coordinating investigations. Powers and Functions. and one (1) representative from the private INTERNATIONAL COOPERATION sector and academe. or for the collection of immediate assistance for the suppression of real-time evidence in electronic form of a criminal. — The CICC shall be headed by the Executive Director of the Information and Communications There shall be designated special cybercrime courts manned by Technology Office under the Department of Science and specially trained judges to handle cybercrime cases.

) MARILYN B. (Sgd. measures and policies. 2796 and CHAPTER VIII House Bill No. Separability Clause — If any provision of this Act is (Sgd. the other provisions not affected shall remain in full President of the Philippines force and effect.) FELICIANO (Sgd. Repealing Clause. 8792 or the programs and other related projects.) JUAN PONCE (h) To perform all other matters related to cybercrime BELMONTE JR. — The ICTO- Secretary General DOST. Appropriations. (f) To recommend the enactment of appropriate laws. Implementing Rules and Regulations. days after the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation. local government units and inconsistent with this Act are hereby repealed or modified nongovernment organizations in cybercrime prevention accordingly. and (Sgd. This Act which is a consolidation of Senate Bill No. including capacity building Speaker of the House of President of the Senate and such other functions and duties as may be necessary Representatives for the proper implementation of this Act. "Electronic Commerce Act" is hereby modified accordingly. — All laws. for its effective implementation. . 2012 and June 4.) EMMA LIRIO-REYES BARUA-YAP Secretary of Senate Section 28. (Sgd. the DOJ and the Department of the Interior and Local House of Representatives Government (DILG) shall jointly formulate the necessary rules and regulations within ninety (90) days from approval of this Act.000_00) shall be appropriated annually for the implementation of this Act. Section 31. respectively. (g) To call upon any government agency to render assistance in the accomplishment of the CICC’s Approved. Section 33(a) of Republic Act No.) BENIGNO S. AQUINO III held invalid. — The amount of Fifty million pesos (PhP50. Approved: SEP 12 2012 Section 29.000. mandated tasks and functions. 5808 was finally passed by the Senate and the FINAL PROVISIONS House of Representatives on June 5. decrees or rules business sector. (e) To coordinate the support and participation of the Section 30. Effectivity. — This Act shall take effect fifteen (15) issuances. ENRILE prevention and suppression. 2012. Section 27.