intended to benefit particular persons or special
ANTI‐PLUNDER
ACT (R.A. 7080,
AS AMENDED)
Q: Who are covered
under this act?
A: Public officers which means any person
holding any public office in the Government of
the Republic of the Philippines by virtue of an
appointment, election or contract.
Q: What is ill‐gotten wealth?
A: It is any asset, property, business enterprise
or material possession of any person, acquired
by a public officer directly or indirectly through
dummies, nominees, agents, subordinates
and/or business associates.
Q: How is ill‐gotten wealth acquired?
A: It is acquired by any combination or series of
the following means or similar schemes:
1. Through misappropriation, conversion,
misuse, or malversation of public funds or raids
on the public treasury
2. By receiving, directly or indirectly, any
commission, gift, share, percentage, kickbacks or
any/or entity in connection with any
government contract or project or by reason of
the office or position of the public officer
concerned
3. By the illegal or fraudulent conveyance or
disposition of assets belonging to the National
government or any of its subdivisions, agencies
or instrumentalities or government‐owned or
controlled corporations and their subsidiaries
4. By obtaining, receiving or accepting directly or
indirectly any shares of stock, equity or any
other form of interest or participation including
the promise of future employment in any
business enterprise or undertaking
5. By establishing agricultural, industrial or
commercial monopolies or other combinations
and/or implementation of decrees and orders
interests
6. By taking undue advantage of official position,
authority, relationship, connection or influence
to unjustly enrich himself or themselves at the
expense and to the damage and prejudice of the
Filipino people and the Republic of the
Philippines
Q: What is Plunder?
A: It is a crime committed by a public officer by
himself or in connivance with members of his
family, relatives by affinity or consanguinity,
business associates, subordinates or other
persons, by amassing, accumulating or acquiring
ill‐gotten wealth through a combination or series
of overt acts in the aggregate amount or total
value of at least P50 million.
Q: What are the elements of Plunder?
A:
1. That the offender is a public officer who
acts by himself or in connivance with
members of his family, relatives by
affinity or consanguinity, business
associates, subordinates, or other
persons;
2. That he amassed, accumulated or
acquired ill-gotten wealth through a
combination of series of the following
overt or criminal acts
3. That the aggregate amount or total value
of the ill gotten wealth amassed,
accumulated or acquired is at least
P50,000,000.00
Q: What is combination?
A: Combination refers to at least 2 of the above
enumerations found in different numbers. e.g.
misappropriation in no.(1) and receiving
commission in no. (2).
Q: What is series?
A: Series refers to at least 2 or more overt acts is
under the same category of enumeration. e.g.
misappropriation and raids of public treasury all
found in no. (1)
Q: Is it necessary to prove each and every
criminal act done by the accused to commit
the crime of plunder?
A: No. It is sufficient to establish beyond
reasonable doubt a pattern of overt or criminal
acts indicative of the overall unlawful scheme or
conspiracy.
Note: Plunder is a malum in se. The degree of
responsibility of the offender is determined by
his criminal intent. Hence, it authorizes the
application of mitigating and extenuating
circumstances in the RPC.
The Law is silent on whether a person can be
charged with a predicate crime. E.g.Garcia
pleading guilty before the Sandiganbayan to the
lesser offenses of indirect bribery and facilitating
money laundering, instead of plunder, which is a
non‐bailable capital offense, and to return less
than half the loot he was accused of stealing.
ESTRADA V. SANDIGANBAYAN
Supreme Court stated that plunder is made up of
a complex and manifold network of crimes. The
different accused and their different criminal
acts have a commonality – to help the former
President (in that case) amass, accumulate or
acquire ill-gotten wealth. The gravemen of the
conspiracy charge is that each of them, by their
individual acts, agreed to participate, directly or
indirectly, in the amassing, accumulation and
acquisition of ill-gotten wealth of and/or for
former President Estrada.
Because plunder is a crime that only a public
official can commit, the identification in the
information of such public official as the main
plunderer among the several individuals thus
charged is logically necessary under the law
itself. In the original case, the individuals
charged were 10 public officials; hence, it was
only proper to identify the main plunderer or
plunderers among the 10 accused.
ON PERSONAL BENEFIT:
To ascertain the objective meaning of the phrase
raids on the public treasury, the Court resorted to
statutory construction and the deilberations of
Congress showing the intent of Congress to
require personal benefit for the predicate act of
raids on the public treasury.
The phrase raids on the public treasury similarly
require such use of the property taken. Mere
accumulation and gathering does not constitute
the forbidden act of raids on the public treasury.
Pursuant to the maxim of noscitur a sociis, raids
on the public treasury requires the raider to use
the property taken impliedly for his personal
benefit. At the same time, Congress deliberation
reveals that the requirement of personal benefit
on the part of the main plunderer or his co-
conspirators by virtue of their plunder was not
removed.
ANTI‐GRAFT AND
CORRUPT PRACTICES
ACT (R.A. 3019,AS
AMENDED)
Q: Who are covered
under this act?
A: All public officers which includes elective and
appointive officials and employees, permanent
or temporary, whether in the classified or
unclassified or exempt service, receiving
compensation, even nominal from the
government.
Note: Government includes:
1. National government
2. Local government
3. GOCCs
4. Other instrumentalities or agencies
5. Their branches
Q: What are the punishable acts under Sec. 3
of R.A. 3019?
A:. Anti‐Graft and Corrupt Practices Act (R.A.
9,as1. A public officer:
A. Persuading, inducing, or influencing
another public officer to:
I. Perform an act constituting a
violation of the Rules and
Regulations duly promulgated by
competent authority, or
II. An offense in connection with the
official duties of the latter
Note: An example of the abovementioned
punishable act is the act of Former Comelec
Chaiman Benjamin Abalos in bribing Romulo
Neri the amount of 200 Million Pesos in
exchange for the approval of the NBN Project.
(Neri v. Senate Committee on Accountablility of
Public Officers and Investigation, G.R. No. 180643,
March 25, 2008)
B. Allowing himself to be persuaded,
induced or influenced to commit such
violation or offense.
2. Directly or indirectly requesting or receiving
any gift, present, share, percentage, or benefit,
for himself or for any other person, in connection
with any contract or transaction between the
Government and any other part, wherein the
public officer in his official capacity has to
intervene under the law.
Note: This is a special form of bribery
Q: What are the elements of this crime?
A:
I. The offender is a public officer
II. He requested and/or received, directly or
indirectly a gift, present or consideration
III. The gift, present or consideration was for
the benefit of the said public officer or for
any other person
IV. It was requested and/or received in
connection with a contract or transaction
with the Government
V. The public officer has the right to
intervene in such contract or transaction
in his official capacity
Note: R.A. 3019 punishes the separate acts of:
I. Requesting
II. Receiving
III. Requesting and receiving
Lack of demand is immaterial. After all, it uses
the word “or” between requesting and receiving.
3. Directly or indirectly requesting or receiving
any gift, present or other pecuniary or material
benefit, for himself or for another, from any
person for whom the public officer, in any
manner or capacity, has secured or obtained, or
will secure or obtain, any Government permit or
license, in consideration for the help given or to
be given.
Note: This is a special form of bribery
4. Accepting or having any member of his family
accept employment in a private enterprise which
has pending official business with him during the
pendency thereof or within one year after its
termination.
Q: What are the elements of this crime?
A:
I. The public officer accepted, or having any
of his family member accept any
employment in a private enterprise
II. Such private enterprise has a pending
official business with the public officer
III. It was accepted during:
a) The pendency thereof, or
b) Within 1 year after its termination
5. Causing any undue injury to any party,
including the Government, or giving any private
party any unwarranted benefits, advantage or
preference in the discharge of his official
administrative or judicial functions through
manifest partiality, evident bad faith or gross
inexcusable negligence.
Q: What are the elements of this crime?
A:
I. The accused must be a public officer
discharging administrative, judicial or
official functions
II. He must have acted with manifest
partiality, evident bad faith or inexcusable
negligence
III. That his action caused:
a) Any undue injury to any party,
including the government, or
b) ii. Giving any private party
unwarranted benefits, advantage or
preference in the discharge of his
functions.
Note: Since bad faith is an element, good faith
and lack of malice is a valid defense.
6. Neglecting or refusing, after due demand or
request, without sufficient justification, to act
within a reasonable time on any matter pending
before him.
Q: What are the elements of this crime?
A:
a) Offender is a public officer
b) Public officer neglected or refused to
act without sufficient justification
after due demand or request has been
made on him
c) Reasonable time has elapsed from
such demand or request without the
public officer having acted on the
matter pending before him
d) Such failure to act is for the purpose
of:
i. Obtaining (directly or
indirectly) from any person
interested in the matter
some pecuniary or material
benefit or advantage,
ii. Favoring his own interest,
iii. Giving undue advantage in
favor of or discriminating
against any other interested
party.
Note: The neglect or delay of public function
must be accompanied by an express or implied
DEMAND of any benefit or consideration for
himself or another. Absent such demand, the
officer shall be merely administratively liable.
7. Entering, on behalf of the Government, into
any contract or transaction manifestly and
grossly disadvantageous to the same, whether or
not the public officer profited or will profit
thereby.
Q: What are the elements of this crime?
A:
I. Accused is a public officer
II. The public officer entered into a contract
or transaction on behalf of the
government
III. Such contract or transaction is grossly
and manifestly disadvantageous to the
government. (the threshold of the crime)
Note: Lack of public bidding and violation of
administrative orders do not by themselves
satisfy the 3rd element. It does not in itself result
to manifest and gross disadvantage. The law
requires the disadvantage be gross and manifest.
(Caunan v. People)
8. Directly or indirectly having financial or
pecuniary interest in any business, contract or
transaction in which he:
a. Intervenes or takes part in his official
capacity; or
b. Is prohibited by the constitution or by
law from having any interest
Note: Intervention must be actual and in the
official capacity of the public officer.
9.
a. Directly or indirectly becoming
interested, for personal gains, or
b. Having a material interest in any
transaction or act which:
I. Requires the approval of a board,
panel or group of which he is a
member and which exercises
discretion in such approval
II. Even if he votes against the same
or does not participate in the
action of the board, committee,
panel or group.
Note: Interest for personal gain shall be
presumed against those public officials
responsible for the approval of manifestly
unlawful, inequitable, or irregular transaction or
acts by the board, panel or group to which they
belong.
10.Knowingly approving or granting any license,
permit, privilege or benefit in favor of:
a)Any person not qualified for or not
legally entitled to such license, permit,
privilege or benefit; or
b) A mere representative or dummy of
one who is not so qualified or entitled.
11.
I. Divulging valuable information of
a:
a) Confidential character
b) Acquired by his office or by him on
account of his official position to
unauthorized person
II. Releasing such information in
advance of its authorized released
date.
Note: The ff. persons shall also be punished with
the public officer and shall be permanently or
temporarily disqualified, in the discretion of the
Court, from transacting business in any form
with the Government:
1. Person giving the gift, present, share,
percentage or benefit in par. 2 and 3.
2. Person offering or giving to the public
officer the employment mentioned in
par. 4.
3. Person urging the divulging or
untimely release of the confidential
information in par. 11.
Q: What are the prohibited acts for private
individuals?
A: It shall be unlawful:
1. For any person having family or close
personal relation with any public official
to capitalize or exploit or take advantage
of such family or personal relation, by
directly or indirectly requesting or
receiving any present, gift, material or
pecuniary advantage from any person
having some business, transaction,
application, request or contract with the
government, in which such public officer
has to intervene (Sec. 4)
Note: Family relations include the spouse or
relatives by consanguinity or affinity within 3rd
civil degree.
Close Personal relations include:
a. Close personal friendship
b. Social and fraternal relations
c. Personal employment
This all gives rise to intimacy, which assumes
free access to such public officer.
2. For any person to knowingly induce or
cause any public official to commit any of
the offenses defined in Sec. 3. (Sec.6)
Q: What are the other prohibited acts for the
relatives?
A: GR: it shall be unlawful for the spouse or
rd
relative by consanguinity or affinity within 3
civil degree of the President, Vice President,
Senate President, or Speaker of the House to
intervene directly or indirectly in any business,
transaction, contract or application with the
government.
XPN: This will not apply to:
1. Any person who prior to the
assumption of office of any of the
above officials to whom he is related,
has been already dealing with the
Government along the same line of
business
2. Any transaction, contract or
application already existing or
pending at the time of such
assumption of public office
3. Any application filed by him the
approval of which is not discretionary
on the part of the official or officials
concerned but depends upon
compliance with requisites provided
by law, or rules or regulations issued
pursuant to law
4. Any act lawfully performed in an
official capacity or in the exercise of a
profession.
MOMMY PETS SLIDES
RA 3019
Approved Aug. 17, 1960
Cognizable before the RTC or Sandiganbayan
The Ombudsman
 Created under RA 6770
 Cases:     
1. Criminal case
2. Administrative
3. Request for Assistance
RA 3019
 Any offense committed in relation to the
performance of official functions of a
public official  in which he is prohibited by the Constitution or
Corrupt Practices:
(a) Persuading, inducing or influencing another
public officer to perform an act constituting an
offense in connection with the official duties of
the latter, or allowing himself to be persuaded or
influenced to commit such violation .
(b) Requesting or receiving any gift, present, or
benefit, in connection with any contract
between the Government and any party,
wherein the public officer has to intervene under
the law.
(c) Requesting or receiving any gift or material
benefit for whom the public officer has secured
or will secure permit or license.
(d) Accepting or having any member of his
family accept employment in a private enterprise
which has pending official business with him or
within one year after its termination.
(e) Causing any undue injury to any party,
including the Government, or giving any private
party any unwarranted benefits, advantage or
preference in the discharge of his official
administrative or judicial functions through
manifest partiality, evident bad faith or gross
inexcusable negligence.
(f) Neglecting or refusing to act within a
reasonable time on any matter pending before
him for the purpose of obtaining some
pecuniary or material benefit or advantage, or
for the purpose of favoring his own interest or
giving undue advantage in favor of or
discriminating against any other interested
party.
(g) Entering, on behalf of the Government, into
any contract or transaction manifestly and
grossly disadvantageous , whether or not the
public officer profited thereby.
(h) Directly or indirectly having financial or
pecuniary interest in any business, contract or
transaction in connection with which he
intervenes or takes part in his official capacity, or
by any law from having any interest.
(i) Directly or indirectly becoming interested,
for personal gain, or having a material
interest in any transaction or act requiring
the approval of a board, panel or group of
which he is a member, and which exercises
discretion in such approval, even if he votes
against the same or does not participate in the
action of the board, committee, panel or group.
Interest for personal gain shall be presumed
against those public officers responsible for the
approval of manifestly unlawful, inequitable, or
irregular transaction or acts by the board, panel
or group to which they belong.
(j) Knowingly approving or granting any
license, permit, privilege or benefit in favor
of any person not qualified  or not legally
entitled.
(k) Divulging valuable information of a
confidential character, acquired by his office or
by him on account of his official position to
unauthorized persons, or releasing such
information in advance of its authorized release
date.
Prohibition on private individuals
(a) For those having family or close personal
relation with a public official to take advantage
of such relation by requesting or receiving any
present, gift, material or pecuniary advantage
from those having some business, transaction,
application, request or contract with the
government, in which such public official has to
intervene. Family relation shall include the
spouse or relatives by consanguinity or affinity
in the third civil degree.
The word "close personal relation" shall include
close personal friendship, social and fraternal
connections, and professional employment all
giving rise to intimacy which assures free access
to such public officer.
Prohibition on certain relatives
It shall be unlawful for the spouse or for any
relative, by consanguinity or affinity, within the
3rd civil degree, of the President,  VP,  Senate
Pres., or the Speaker, to intervene in  business,
contract or application with the Government.
This shall not apply to any person who, prior to
the assumption of office of any of the above
officials to whom he is related, has been already
dealing with the Government along the same line
of business, nor to any transaction, contract or
application already existing or pending at the
time of such assumption of public office, nor to
any application filed by him the approval of
which is not discretionary on the part of the
official or officials concerned but depends upon
compliance with requisites provided by law, or
rules or regulations issued pursuant to law, nor
to any act lawfully performed in an official
capacity or in the exercise of a profession.
SALN
 Section 7. Every public officer, within 30
days after assuming office, and within the
month of January of every other year
thereafter, as well as upon the expiration
of his term of office, or upon his
resignation or separation from office,
shall prepare and file a true detailed and
sworn statement of assets and liabilities,
including a statement of the amounts and
sources of his income, the amounts of his
personal and family expenses and the
amount of income taxes paid for the next
preceding calendar year: Provided, That
public officers assuming office less than
two months before the end of the
calendar year, may file their statements in
the following months of January.
Unexplained wealth
 Section 8. Dismissal due to unexplained
wealth. If a public official has been found
to have acquired during his incumbency,
whether in his name or in the name of
other persons, an amount of property
and/or money manifestly out of
proportion to his salary and to his other
lawful income, that fact shall be a ground
for dismissal or removal. Properties in the
name of the spouse and unmarried
children of such public official may be
taken into consideration, when their
acquisition through legitimate means
 cannot be satisfactorily shown. Bank
deposits shall be taken into consideration
in the enforcement of this section,
notwithstanding any provision of law to
the contrary.
Suspension and loss of benefits
 Any public officer against whom any criminal
prosecution under a valid information under
this Act or under the RPC on bribery is pending
in court, shall be suspended from office. Should
he be convicted by final judgment, he shall lose
all retirement or gratuity benefits under any law,
but if he is acquitted, he shall be entitled to
reinstatement and to the salaries and benefits
which he failed to receive during suspension,
unless in the meantime administrative
proceedings have been filed against him.
Exception
Unsolicited gifts or presents of small or
insignificant value offered or given as a mere
ordinary token of gratitude or friendship
according to local customs or usage, shall be
excepted from the provisions of this Act.
 Nothing in this Act shall be interpreted to
prejudice or prohibit the practice of any
profession, lawful trade or occupation by
any private person or by any public
officer who under the law may
legitimately practice his profession, trade
or occupation, during his incumbency,
except where the practice of such
profession, trade or occupation involves
conspiracy with any other person or
public official to commit any of the
violations penalized in this Act.
Flores v. Layosa, G.R. 154714, Aug 12, 2004
Once a court determines that the information
charging a public officer with an offense under
R.A. 3019 or Title 7, RPC, or any other offense
involving fraud upon government or public funds
or property is valid, it is bound to issue an order
of preventive suspension of the accused public
officer as a matter of course.
The order of suspension pendente lite, while
mandatory in nature, is by no means automatic
or self-operative. Before such suspension is
imposed, a determination as to the validity of the
information must first be made in a pre-
suspension hearing. There is no hard and fast
rule as to the conduct of such hearing, as the
Court has previously explained in several cases.
No specific rules need be laid down for such pre-
suspension hearing. Suffice it to state that the
accused should be given a fair and adequate
opportunity to challenge the validity of the
criminal proceedings against him.
REPUBLIC ACT NO
10175
An Act Defining
Cybercrime
Providing For The
Prevention,
Investigation,
Suppression And
The Imposition Of
Penalties Therefor
And For Other
Purposes
LEGAL BACKGROUND
 Electronic Commerce Act of 2000
 An act providing for the recognition and use
of electronic commercial and non-
commercial transactions and documents,
penalties for unlawful use thereof and for
other purposes
PURPOSE OF THE LAW
 Iloveyou Virus by Onel De Guzman
 The current laws at that time did not provide
a legal basis for criminalizing crimes
committed on a computer in general
DEFINITION OF TERMS
 ACCESS
o refers to the instruction,
communication with, storing data in,
retrieving data from, or otherwise
 making use of any resources of a
computer system or communication
network
 CYBER
o Refers to a computer or computer
network, the electronic medium in
which online communication takes
place
 INTERCEPTION
o Refers to listening to, recording,
monitoring or surveillance of the
content of communications, including
the procurement of the content data,
either directly, through access and use
of a computer system or indirectly,
through the use of electronic
eavesdropping or tapping devices, at
the same time that the communication
is occurring
SEC. 4 PUNISHABLE ACTS
 Offenses against the confidentiality, integrity
and availability of computer data and
systems
 Computer-related offenses
 Content-related offenses
A. OFFENSES AGAINST THE
CONFIDENTIALITY, INTEGRITY AND
AVAILABILITY OF COMPUTER DATA AND
SYSTEMS
a. Illegal access – the intentional access to the
whole or any part of a computer system
without right
b. Illegal interception – the intentional
interception made by technical means
i. Exception: employee or agent of a
service provider
ii. Exception to the exception: except
that the latter shall not utilize service
observing a random monitoring
except for mechanical or service
control quality checks;
c. Data interference – the intentional or
reckless alteration, damaging, deletion or
deterioration of computer data
d. System interference – the intentional
alteration or reckless hindering or
interference with the functioning of a
computer or computer network
e. Misuse of devices – the use, production, sale,
procurement, importation, distribution or
otherwise making available intentionally and
without right, of:
i. A device for the purpose of
committing any of the offenses
ii. A computer password, access code, or
similar data by which the whole or
any part of a computer system is
capable of being accessed with the
intent that it be used for the purpose
of committing any of the offenses
under this act;
- the possession of an item referred to in
paragraphs (a), 5(i)(aa) or (bb) herein
with the intent to use said devices for the
purpose of committing any of the offenses
under this Section
f. Cyber-squatting – the acquisition of a domain
name over the internet in bad faith to profit,
mislead, destroy reputation, and deprive others
from registering the same
i. Similar, identical, or confusingly similar
to an existing trademark registered with
the appropriate government agency at the
time of the domain name registration
ii. identical or in any way similar with the
name of a person other than the
registrant, in case of a personal name; and
iii. acquired without right or with
intellectual property interests in it
B. COMPUTER-RELATED OFFENSES
a. Computer Forgery – the intentional
input, alteration, deletion or suppression
of any computer data, without right
resulting in unauthentic data WITH THE
INTENT that it be considered or acted
upon for legal purposes as if it were
authentic, regardless whether or not the
data is directly readable and intelligible;
- the act of knowingly using a
computer which is the product of
computer-related forgery as defined
herein, for the purpose of perpetuating a
fraudulent or dishonest design;
b. Computer-related Fraud – the
intentional and unauthorized input,
alteration, or deletion of computer data or
program or interference in the
functioning of a computer system
 including, but not limited to, phishing,
causing damage thereby, WITH THE
INTENT of procuring an economic benefit
for oneself or for another person or for
the perpetuation of a fraudulent (?)
c. Computer-related identity theft – the
intentional acquisition, use, misuse,
transfer, possession, alteration or
deletion of identifying information
belonging to another, whether natural,
juridical, without right
C. CONTENT-RELATED OFFENSES
a. Cybersex – includes any form of interactive
prostitution and other forms of obscenity
through the cyberspace as the primary
channel with the use of webcams, by inviting
people either here or in other countries to
watch men, women and children perform
sexual acts;
b. Child Pornography – the unlawful or
prohibited acts defined and punishable by RA
9775 committed through a computer system:
provided, that the penalty to be imposed
shall be 1 degree higher than that provided
for in RA 9775
c. Unsolicited Commercial Communications
– the transmission of commercial electronic
communication with the use of a computer
system which seeks to advertise, sell or offer
for sale products and services are prohibited
unless:
i. there is a prior affirmative consent from
the recipient; or
ii. the following conditions are present:
1. the commercial electronic
communication contains a simple,
valid and reliable way for the
recipient to reject receipt of
further commercial electronic
communication from the same
source, also referred to as opt-out;
2. the commercial electronic
communication does not
purposely disguise the source of
the electronic message; and
3. the commercial electronic
communication does not
purposely include misleading
information in any part of the
message in order to induce the
recipients to read the message
d. Libel – the unlawful or prohibited acts of
libel as defined in Article 355 of the RPC, as
amended, committed through a computer
system or any other similar means which
may be devised in the future
a. All crimes defined and penalized by
the RPC, as amended, and special
criminal laws committed by, through
and with the use of information and
communications technologies shall be
covered by the relevant provisions of
this act
SECTION 5: OTHER OFFENSES
 Aiding or abetting in the commission of
cybercrime
o Any person who willfully abets, aids
or financially benefits in the
commission of any of the offenses
enumerated in this Act shall be held
liable; or
 Attempt to Commit Cybercrime
o Any person who willfully attempts to
commit any of the offenses
enumerated in this Act shall be held
liable
SECTION 6
 All crimes defined and penalized by the RPC,
as amended, and special laws, if committed
by, through and with the use of information
and communications technologies shall be
covered by the relevant provisions of this act:
provided, that the penalty to be imposed
shall be one (1) degree higher than that
provided for by the RPC or special laws
SECTION 7. LIABILITY UNDER OTHER LAWS
 A prosecution under this act shall be without
prejudice to any liability for violation of any
provision of the RPC or special laws
SECTION 9. CORPORATE LIABILITY
 Liability shall be based on:
o A power of representation of the
juridical person
o An authority to take decisions on
behalf of the juridical person; or
 o An authority to exercise control
within the juridical person
 Juridical person and natural person acting
under the authority of the juridical person is
liable for a fine equivalent to at least double
the fines imposable in section 7
 The chairperson of the board of directors, the
president, the general manager of the
corporation, the general partners of a
partnership, and the officers and employees
directly responsible shall be jointly and
severally liable with the firm for the fine
imposed therein.
 For foreign corporations, the person or
persons directly responsible for the
management and operation thereof shall be
liable.
obtained is essential to the conviction
of any person for, or to the solution of,
or to the prevention of, any such
crimes; and
o That there are no other means readily
available for obtaining such evidence
SEC. 18 CYBERCRIME INVESTIGATION AND
COORDINATING CENTER
 There is hereby created, an inter-agency
body to be known as the Cybercrime
Investigation and Coordinating Center
(CICC), under the administrative supervision
of the Office of the President

SECTION 10. ENFORCEMENT AND

IMPLEMENTATION
 LAW ENFORCEMENT AGENCIES
o PNP
o NBI

SECTION 12. REAL-TIME COLLECTION OF

TRAFFIC DATA
 Law enforcement authorities, with due cause,
shall be authorized to collect or record by
technical or electronic means traffic data in
real-time associated with specified
communications transmitted by means of a
computer system.
 Limitation: Traffic data refer only to the
communication’s origin, destination, route,
time, date, size, duration, or type of
underlying service, but not content, nor
identities

WHEN COURT WARRANT COULD BE ISSUED

 Upon written application and the
examination under oath or affirmation of the
applicant and the witnesses he may produce
and the showing:
o That there are reasonable grounds to
believe that any of the crimes
enumerated hereinabove has been
committed, or is being committed or is
about to be committed.
o That there are reasonable grounds to
believe that evidence that will be