JABONE, NICO T.
ASSIGNMENT # 3C SEPT 26, 2020
CDI 6C 1:30-5:30 TF
LAW CYBER-OFFENSE
ACCESS DEVICE FRAUD:
REPUBLIC a) Producing, using, trafficking
ACT NO. 8484 in one or more counterfeit
access devices;
b) Trafficking in one or more
unauthorized access devices
or access devices
fraudulently applied for;
c) Using, with intent to
defraud, an unauthorized
access device;
d) Using an access device
fraudulently applied for;
e) Possessing one or more
counterfeit access devices or
access devices fraudulently
applied for;
f) Producing, trafficking in,
having control or custody of,
or possessing device-making
or altering equipment
without being in the
business or employment,
SCORE:
PENALTY
A fine of Ten thousand pesos
(P10,000.00) or twice the value
obtained by the offense, and
imprisonment for not less than
ten (10) years and for not more
than twelve (12) years
A fine of Ten thousand pesos
(P10,000.00) or twice the value
obtained by the offense,
whichever is greater and
imprisonment for not less than
six (6) years and not more than
ten (10) years
A fine of Ten thousand pesos
(P10,000.00) or twice the value
obtained by the offense,
whichever is greater and
imprisonment for not less than
six (6) years and not more than
ten (10) years
A fine of Ten thousand pesos
(P10,000.00) or twice the value
obtained by the offense,
whichever is greater and
imprisonment for not less than
six (6) years and not more than
ten (10) years
A fine of Ten thousand pesos
(P10,000.00) or twice the value
obtained by the offense,
whichever is greater and
imprisonment for not less than
six (6) years and not more than
ten (10) years
A fine of Ten thousand pesos
(P10,000.00) or twice the value
obtained by the offense, and
imprisonment for not less than
ten (10) years and for not more
than twelve (12) years
 which lawfully deals with the
manufacture, issuance, or
distribution of such
equipment;
g) Inducing, enticing, A fine of Ten thousand pesos
permitting or in any manner (P10,000.00) or twice the value
allowing another, for obtained by the offense,
consideration or otherwise whichever is greater and
to produce, use, traffic in imprisonment for not less than
counterfeit access devices, six (6) years and not more than
unauthorized access devices ten (10) years
or access devices
fraudulently applied for;
h) Multiple imprinting on more A fine of Ten thousand pesos
than one transaction record, (P10,000.00) or twice the value
sales slip or similar obtained by the offense,
document, thereby making it whichever is greater and
appear that the device imprisonment for not less than
holder has entered into a six (6) years and not more than
transaction other than those ten (10) years
which said device holder had
lawfully contracted for, or
submitting, without being an
affiliated merchant, an order
to collect from the issuer of
the access device, such extra
sales slip through an
affiliated merchant who
connives therewith, or,
under false pretenses of
being an affiliated merchant,
present for collection such
sales slips, and similar
documents;
i) Disclosing any information A fine of Ten thousand pesos
imprinted on the access (P10,000.00) or twice the value
device, such as, but not obtained by the offense,
limited to, the account whichever is greater and
number or name or address imprisonment for not less than
of the device holder, without six (6) years and not more than
the latter's authority or ten (10) years
permission;
j) Obtaining money or anything A fine of Ten thousand pesos
of value through the use of (P10,000.00) or twice the value
an access device, with intent obtained by the offense,
to defraud or with intent to whichever is greater and
gain and fleeing thereafter; imprisonment for not less than

k) Having in one's possession,
without authority from the
owner of the access device
or the access device
company, an access device,
or any material, such as slips,
carbon paper, or any other
medium, on which the
access device is written,
printed, embossed, or
otherwise indicated;
l) Writing or causing to be
written on sales slips,
approval numbers from the
issuer of the access device of
the fact of approval, where
in fact no such approval was
given, or where, if given,
what is written is
deliberately different from
the approval actually given;
m) Making any alteration,
without the access device
holder's authority, of any
amount or other information
written on the sales slip;
n) Effecting transaction, with
one or more access devices
issued to another person or
persons, to receive payment
or any other thing of value;
o) Without the authorization of
the issuer of the access
device, soliciting a person for
the purpose of:
1) offering an access
device; or
2) selling information
regarding or an
application to obtain an
access device; or
six (6) years and not more than
ten (10) years
A fine of Ten thousand pesos
(P10,000.00) or twice the value
obtained by the offense,
whichever is greater and
imprisonment for not less than
six (6) years and not more than
ten (10) years
A fine of Ten thousand pesos
(P10,000.00) or twice the value
obtained by the offense,
whichever is greater and
imprisonment for not less than
six (6) years and not more than
ten (10) years
A fine of Ten thousand pesos
(P10,000.00) or twice the value
obtained by the offense,
whichever is greater and
imprisonment for not less than
six (6) years and not more than
ten (10) years
A fine of Ten thousand pesos
(P10,000.00) or twice the value
obtained by the offense,
whichever is greater and
imprisonment for not less than
six (6) years and not more than
ten (10) years
A fine of Ten thousand pesos
(P10,000.00) or twice the value
obtained by the offense,
whichever is greater and
imprisonment for not less than
six (6) years and not more than
ten (10) years
p) Without the authorization of
the credit card system
member or its agent, causing
or arranging for another
person to present to the
member or its agent, for
payment, one or more
evidence or records of
transactions made by credit
card.
Conspiracy to commit access
device fraud: If two (2) or more
persons conspire to commit any
of the offenses listed in Section 9
and one or more of such persons
does any act to effect the object
of the conspiracy
Frustrated and attempted
access device fraud: Any person
who performs all the acts of
execution which would produce
any of the unlawful acts
enumerated in Section 9 of this
Act, but which nevertheless does
not produce it by reason of
causes independent of the will of
said person
Accessory to access device
fraud: Any person who, with
intent to gain for himself or for
another, buy, receives,
possesses, keeps, acquires,
conceals, sells, or disposes of,
shall buy and sell, or in any
manner deal in any article, item,
object or anything of value
which he knows or should be
known to him, to have been
A fine of Ten thousand pesos
(P10,000.00) or twice the value
obtained by the offense,
whichever is greater and
imprisonment for not less than
six (6) years and not more than
ten (10) years
Each of the parties to such
conspiracy shall be punished as
in the case of the doing of the
act, the accomplishment of
which is the object of such
conspiracy.
Shall be punished with two-
thirds (2/3) of the fine and
imprisonment provided for the
consummated offenses listed in
said section. Any person who
commences the commission of
any of the unlawful acts
enumerated in Section 9 of this
Act directly by overt acts and
does not perform all the acts of
execution which would produce
the said acts by reason of some
cause or accident other than said
person's own spontaneous
desistance, shall be punished
with one-half (1/2) of the fine
and imprisonment provided for
the consummated offenses listed
in the said section.
One-half (1/2) of the fine and
imprisonment provided for the
applicable consummated
offenses listed in Section 9 of
this Act. Said person shall be
prosecuted under this Act or
under the Anti-Fencing Law of
1979 (Presidential Decree No.
1612) whichever imposes the
longer prison term as penalty for
the consummated offense.
 acquired through the use of
counterfeit access device or an
unauthorized access device or an
access device known to him to
have been fraudulently applied
for, shall be considered as an
accessory to an access device
fraud
 Hacking or crackling: shall be punished by a minimum
REPUBLIC Unauthorized access into or
interference in a computer
fine of One Hundred Thousand
pesos (P 100,000.00) and a
ACT NO. 8792 system/server or information
and communication system; or
maximum commensurate to the
damage incurred and a
any access in order to corrupt, mandatory imprisonment of six
alter, steal, or destroy using a (6) months to three (3) years;
computer or other similar
information and communication
devices, without the knowledge
and consent of the owner of the
computer or information and
communications system,
including the introduction of
computer viruses and the like,
resulting in the corruption,
destruction, alteration, theft or
loss of electronic data messages
or electronic documents
Piracy: the unauthorized shall be punished by a minimum
copying, reproduction, fine of one hundred thousand
dissemination, or distribution, pesos (P 100,000.00) and a
importation, use, removal, maximum commensurate to the
alteration, substitution, damage incurred and a
modification, storage, uploading, mandatory imprisonment of six
downloading, communication, (6) months to three (3) years;
making available to the public, or
broadcasting of protected
material, electronic signature or
copyrighted works including
legally protected sound
recordings or phonograms or
information material on
protected works, through the
use of telecommunication
networks, such as, but not
limited to, the internet, in a
manner that infringes
intellectual property rights
 Violations of the Consumer Act
of Republic Act No. 7394 and
other relevant to pertinent laws
through transaction covered by
or using electronic data
messages or electronic
documents
To take photo or video coverage
REPUBLIC of a person or group of persons
performing sexual act or any
ACT NO. 9995 similar activity or to capture an
image of the private area of a
person/s such as the naked or
undergarment clad genitals,
public area, buttocks or female
breast without the consent of
the person/s involved and under
circumstances in which the
person/s has/have a reasonable
expectation of privacy;
 To copy or reproduce, or to
cause to be copied or
reproduced, such photo or video
or recording of sexual act or any
similar activity with or without
consideration;
To sell or distribute, or cause to
be sold or distributed, such
photo or video or recording of
sexual act, whether it be the
original copy or reproduction
thereof; or
To publish or broadcast, or
cause to be published or
broadcast, whether in print or
broadcast media, or show or
exhibit the photo or video
coverage or recordings of such
sexual act or any similar activity
through VCD/DVD, internet,
shall be penalized with the same
penalties as provided in those
laws;
Other violations of the provisions
of this act shall be penalized with
a maximum penalty of one
million pesos (P 1,000,000.00) or
six (6) years imprisonment.
imprisonment of not less than
three (3) years but not more
than seven (7) years and a fine of
not less than One hundred
thousand pesos (P100,000.00)
but not more than Five hundred
thousand pesos (P500,000.00),
or both, at the discretion of the
court shall be imposed
imprisonment of not less than
three (3) years but not more
than seven (7) years and a fine of
not less than One hundred
thousand pesos (P100,000.00)
but not more than Five hundred
thousand pesos (P500,000.00),
or both, at the discretion of the
court shall be imposed
imprisonment of not less than
three (3) years but not more
than seven (7) years and a fine of
not less than One hundred
thousand pesos (P100,000.00)
but not more than Five hundred
thousand pesos (P500,000.00),
or both, at the discretion of the
court shall be imposed
imprisonment of not less than
three (3) years but not more
than seven (7) years and a fine of
not less than One hundred
thousand pesos (P100,000.00)
but not more than Five hundred
thousand pesos (P500,000.00),
or both, at the discretion of the
 cellular phones and other similar
means or device.
Unauthorized Processing of
REPUBLIC Personal Information and
Sensitive Personal
ACT NO. Information: persons who
process personal information
10173 without the consent of the
data subject, or without
being authorized under this
Act or any existing law.
Unauthorized processing of
personal sensitive
information: persons who
process personal
information without the
consent of the data subject,
or without being authorized
under this Act or any existing
law.
Accessing personal
information due to
negligence: persons who,
due to negligence, provided
access to personal
information without being
authorized under this Act or
any existing law.
Accessing sensitive personal
information due to
negligence: persons who,
due to negligence, provided
access to personal
information without being
authorized under this Act or
any existing law.
The improper disposal of
personal information: Persons,
who knowingly or negligently
dispose, discard or abandon the
personal information of an
individual in an area accessible
to the public or has otherwise
placed the personal information
of an individual in its container
for trash collection.
The improper disposal of
court shall be imposed
imprisonment ranging from one
(1) year to three (3) years and a
fine of not less than Five
hundred thousand pesos
(Php500,000.00) but not more
than Two million pesos
(Php2,000,000.00)
imprisonment ranging from
three (3) years to six (6) years
and a fine of not less than Five
hundred thousand pesos
(Php500,000.00) but not more
than Four million pesos
(Php4,000,000.00)
imprisonment ranging from one
(1) year to three (3) years and a
fine of not less than Five
hundred thousand pesos
(Php500,000.00) but not more
than Two million pesos
(Php2,000,000.00)
imprisonment ranging from
three (3) years to six (6) years
and a fine of not less than Five
hundred thousand pesos
(Php500,000.00) but not more
than Four million pesos
(Php4,000,000.00)
 imprisonment ranging from six
(6) months to two (2) years and a
fine of not less than One
hundred thousand pesos
(Php100,000.00) but not more
than Five hundred thousand
pesos (Php500,000.00)
 imprisonment ranging from one
sensitive personal information:
Persons, who knowingly or
negligently dispose, discard or
abandon the personal
information of an individual in an
area accessible to the public or
has otherwise placed the
personal information of an
individual in its container for
trash collection.
Processing of Personal
Information and Sensitive
Personal Information for
Unauthorized Purposes: persons
processing personal information
for purposes not authorized by
the data subject, or otherwise
authorized under this Act or
under existing laws.
The processing of sensitive
personal information for
unauthorized purposes: persons
processing sensitive personal
information for purposes not
authorized by the data subject,
or otherwise authorized under
this Act or under existing laws. 
Unauthorized Access or
Intentional Breach:   persons
who knowingly and unlawfully,
or violating data confidentiality
and security data systems,
breaks in any way into any
system where personal and
sensitive personal information is
stored.
Concealment of Security
Breaches Involving Sensitive
Personal Information: persons
who, after having knowledge of
a security breach and of the
obligation to notify the
Commission pursuant to Section
20(f), intentionally or by
omission conceals the fact of
such security breach.
Unauthorized Disclosure:
(1) year to three (3) years and a
fine of not less than One
hundred thousand pesos
(Php100,000.00) but not more
than One million pesos
(Php1,000,000.00)
 imprisonment ranging from one
(1) year and six (6) months to
five (5) years and a fine of not
less than Five hundred thousand
pesos (Php500,000.00) but not
more than One million pesos
(Php1,000,000.00)
imprisonment ranging from two
(2) years to seven (7) years and a
fine of not less than Five
hundred thousand pesos
(Php500,000.00) but not more
than Two million pesos
(Php2,000,000.00)
imprisonment ranging from one
(1) year to three (3) years and a
fine of not less than Five
hundred thousand pesos
(Php500,000.00) but not more
than Two million pesos
(Php2,000,000.00) 
imprisonment of one (1) year
and six (6) months to five (5)
years and a fine of not less than
Five hundred thousand pesos
(Php500,000.00) but not more
than One million pesos
(Php1,000,000.00)
 a) Any personal information
controller or personal
information processor or any
of its officials, employees or
agents, who discloses to a
third party personal
information not covered by
the immediately preceding
section without the consent
of the data subject
b) Any personal information
controller or personal
information processor or any
of its officials, employees or
agents, who discloses to a
third party sensitive personal
information not covered by
the immediately preceding
section without the consent
of the data subject
Combination or Series of Acts:
Any combination or series of acts
as defined in Sections 25 to 32
Bullying on school grounds;
REPUBLIC property immediately adjacent
to school grounds; at school-
ACT NO. sponsored or school-related
activities, functions or programs
10627 whether on or off school
grounds; at school bus stops; on
school buses or other vehicles
owned, leased or used by a
school; or through the use of
technology or an electronic
device owned, leased or used by
a school;
 Bullying at a location, activity,
function or program that is not
school-related and through the
use of technology or an
electronic device that is not
owned, leased or used by a
school if the act or acts in
question create a hostile
imprisonment ranging from one
(1) year to three (3) years and a
fine of not less than Five
hundred thousand pesos
(Php500,000.00) but not more
than One million pesos
(Php1,000,000.00).
imprisonment ranging from
three (3) years to five (5) years
and a fine of not less than Five
hundred thousand pesos
(Php500,000.00) but not more
than Two million pesos
(Php2,000,000.00).
imprisonment ranging from
three (3) years to six (6) years
and a fine of not less than One
million pesos (Php1,000,000.00)
but not more than Five million
pesos (Php5,000,000.00).
Required to undergo a
rehabilitation program which
shall be administered by the
institution concerned. The
parents of the said perpetrator
shall be encouraged by the said
institution to join the
rehabilitation program;
Required to undergo a
rehabilitation program which
shall be administered by the
institution concerned. The
parents of the said perpetrator
shall be encouraged by the said
institution to join the
rehabilitation program;
 environment at school for the
victim, infringe on the rights of
the victim at school, or
materially and substantially
disrupt the education process or
the orderly operation of a school
Retaliation against a person who Required to undergo a
reports bullying, who provides rehabilitation program which
information during an shall be administered by the
investigation of bullying, or who institution concerned. The
is a witness to or has reliable parents of the said perpetrator
information about bullying shall be encouraged by the said
institution to join the
rehabilitation program;
Subject a student who knowingly disciplinary administrative action
makes a false accusation of
bullying

REFERENCE:

https://lawphil.net/statutes/repacts/ra1998/ra_8484_1998.html
https://www.lawphil.net/statutes/repacts/ra2000/rao2_2000.html
https://www.lawphil.net/statutes/repacts/ra2010/ra_9995_2010.html
https://www.lawphil.net/statutes/repacts/ra2012/ra_10173_2012.html
https://www.lawphil.net/statutes/repacts/ra2013/ra_10627_2013.html