Republic Act No.

10175
Cybercrime Prevention Act of 2012
An Act Defining Cybercrime, Providing For the Prevention, Investigation, Suppression and The Imposition Of
Penalties Therefor And For Other Purposes
Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, was signed into law by President Aquino on
Sept. 12, 2012. Its goal was to penalize acts like cybersex, child pornography, identity theft and unsolicited electronic
communication in the country. It is the one of the first law in the Philippines which specifically criminalizes computer
crime, which prior to the passage of the law had no strong legal precedent in Philippine jurisprudence. While laws such as
the Electronic Commerce Act of 2000 (Republic Act No. 8792) regulated certain computer-related activities, these laws did
not provide a legal basis for criminalizing crimes committed on a computer in general: for example, Onel de Guzman, the
computer programmer charged with purportedly writing the ILOVEYOU computer worm.
This was superseded by several cybercrime-related bills filed in the 14th and 15th Congress. The Cybercrime
Prevention Act ultimately was the product of House Bill No. 5808, authored by Representative Susan Yap-Sulit of
the second district of Tarlac and 36 other co-authors, and Senate Bill No. 2796, proposed by Senator Edgardo Angara. Both
bills were passed by their respective chambers within one day of each other on June 5 and 4, 2012.
Senator Edgardo Angara, the main proponent of the Act, defended the law by saying that it is a legal framework
to protect freedoms such as the freedom of expression. He asked the Act's critics to wait for the bill's implementing rules
and regulations to see if the issues were addressed.[13] He also added that the new law is unlike the controversial Stop Online
Piracy Act and PROTECT IP Act. However, Senator TG Guingona criticized the bill, calling it a prior restraint to the
freedom of speech and freedom of expression.
Cybercrime is defined as a crime in which a computer is the object of the crime (hacking, phishing, spamming) or
is used as a tool to commit an offense (child pornography, hate crimes). Cybercriminals may use computer technology to
access personal information, business trade secrets or use the internet for exploitative or malicious purposes.
Punishments:
 Individuals found guilty of cybersex face a jail term of prision mayor (6 years and one day to 12 years) or a fine of
at least P200,000 but not exceeding P1 million.
 Child pornography via computer carries a penalty one degree higher than that provided by RA 9775, or the Anti-
Child Pornography Act of 2009. Under RA 9775, those who produce, disseminate or publish child pornography
will be fined from P50,000 to P5 million, and slapped a maximum jail term of reclusion perpetua, or 20 to 40 years.
 Persons found guilty of unsolicited communication face arresto mayor (imprisonment for 1 month and 1 day to 6
months) or a fine of at least P50,000 but not more than P250,000, or both.
The following acts constitute the offense of cybercrime punishable under this Act:
a. Illegal Access – The access to the whole or any part of a computer system without right.
b. Illegal Interception – The interception made by technical means without right of any non-public transmission of
computer data to, from, or within a computer system including electromagnetic emissions from a computer system
carrying such computer data.
c. Data Interference — Intentional or reckless alteration, damaging, deletion or deterioration of computer data,
electronic document, or electronic data message, without right.
d. System Interference — The intentional alteration or reckless hindering or interference with the functioning of a
computer or computer network by inputting, transmitting, damaging, deleting, and suppressing computer data or
program.
e. Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession, alteration or
deletion of identifying information belonging to another, whether natural or juridical, without right.
f. Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious
exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.
g. Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or
the Anti-Child Pornography Act of 2009.