LESSON 6: Cyber Laws in the Philippines

RA 8792 (E-commerce Law of the Philippines)

E-commerce Act - aims to facilitate domestic and international dealings, transactions, arrangements,
agreements, contracts and exchanges and storage of information through the utilization of electronic, optical and
similar medium, mode, instrumentality and technology to recognize the authenticity and reliability of electronic
documents related to such activities and to promote the universal use of electronic transaction in the government
and general public.
This act was signed into Law in June 14, 2000.

Salient Features of Republic Act 8792:

1. It gives legal recognition of electronic data messages, electronic documents, and electronic signatures.
Section 6. Legal Recognition of Electronic Data Messages
Section 7. Legal Recognition of Electronic Documents
Section 8. Legal Recognition of Electronic Signatures
Section 9. Presumption Relating to Electronic Signatures
Section 10. Original Documents
Section 11. Authentication of Electronic Data Messages and Electronic Documents
Section 12. Admissibility and Evidential Weight of Electronic Data Message or electronic
document.
Section 13. Retention of Electronic Data Message and Electronic Document.

2. Allows the formation of contracts in electronic form.

Section 16. Formation and Validity of Electronic Contracts
(1) Except as otherwise agreed by the parties, an offer, the acceptance of an offer and such other
elements required under existing laws for the formation of contracts may be expressed in, demonstrated
and proved by means of electronic data message or electronic documents and no contract shall be denied
validity or enforceability on the sole ground that it is in the form of an electronic data message or
electronic document, or that any or all of the elements required under existing laws for the formation of
the contracts is expressed, demonstrated and proved by means of electronic documents.

3. Makes banking transactions done through ATM switching networks absolute once consummated.
Section 16. Formation and Validity of Electronic Contracts
(2) Electronic transactions made through networking among banks, or linkages thereof with
other entities or networks, and vice versa, shall be deemed consummated upon the actual dispensing of
cash or the debit of one account and the corresponding credit to another, whether such transaction is
initiated by the depositor or by an authorized collecting party: Provided, that the obligation of one bank,
entity, or person similarly situated to another arising therefrom shall be considered absolute and shall not
be subjected to the process of preference of credits.

4. Parties are given the right to choose the type and level of security methods that suit their needs.
Section 24. Choice of Security Methods.

5. Provides the mandate for the electronic implementation of transport documents to facilitate carriage of
goods. This includes documents such as, but not limited to, multi-modal, airport, road, rail, inland waterway,
courier, post receipts, transport documents issued by freight forwarders, marine/ocean bill of lading,
nonnegotiable seaway bill, charter party bill of lading.
Section 25. Actions Related to Contracts of Carriage of Goods.
Section 26. Transport Documents.
Salient Features of Republic Act 8792:

6. Mandates the government to have the capability to do e-commerce within 2 years or before June 19,
2002.
Section 27. Government Use of Electronic Data Messages, Electronic Documents and Electronic
Signatures.

7. Mandates RPWeb to be implemented. RPWeb is a strategy that intends to connect all government offices
to the Internet and provide universal access to the general public. The Department of Transportation and
Communications, National Telecommunications Commission, and National Computer Center will come up
with policies and rules that shall lead to substantial reduction of costs of telecommunication and Internet
facilities to ensure the implementation of RPWeb.
Section 28. RPWEB To Promote the Use Of Electronic Documents and Electronic Data
Messages In Government and to the General Public.

8. Made cable, broadcast, and wireless physical infrastructure within the activity of telecommunications.
Section 28. RPWEB To Promote the Use Of Electronic Documents and Electronic Data
Messages In Government and to the General Public.
 9. Empowers the Department of Trade and Industry to supervise the development of ecommerce in the
country. It can also come up with policies and regulations, when needed, to facilitate the growth of ecommerce.
Section 29. Authority of the Department of Trade and Industry and Participating Entities.

10. Provided guidelines as to when a service provider can be liable.

Section 29. Extent of Liability of a Service Provider.

11. Authorities and parties with the legal right can only gain access to electronic documents, electronic data
messages, and electronic signatures. For confidentiality purposes, it shall not share or convey to any other
person.
Section 31. Lawful Access.
Section 32. Obligation of Confidentiality.

12. Hacking or cracking, refers to unauthorized access including the introduction of computer viruses, is
punishable by a fine from 100 thousand to maximum commensurating to the damage. With imprisonment from
6 months to 3 years.
Section 33. Penalties.

13. Piracy through the use of telecommunication networks, such as the Internet, that infringes intellectual
property rights is punishable. The penalties are the same as hacking.
Section 33. Penalties.

14. All existing laws such as the Consumer Act of the Philippines also applies to e-commerce transactions.
Section 33. Penalties.

RA 10175 (Cybercrime Law of the Philippines)

REPUBLIC ACT No. 10175
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION,
SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES

Crime Penalty
Section 4 (a) - Offenses against the confidentiality,
integrity and availability of computer data and systems:

Illegal Access. - The access to the whole or any part of
a computer system without right.
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.
System Interference. - The intentional alteration or
reckless hindering or interference with the functioning
of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering
or suppressing computer data or program, electronic
document, or electronic data message, without right or
authority, including the introduction or transmission of
viruses.
Data Interference. - The intentional or reckless
alteration, damaging, deletion or deterioration of
computer data, electronic document, or electronic data
message, without right, including the introduction or
transmission of viruses.
Misuse of Devices. –
(i) The use, production, sale, procurement,
importation, distribution, or otherwise
making available, without right, of:
A). Imprisonment - Prision Mayor
B). Fine – at least 200,000 pesos up to a
maximum amount commensurate to the damage
incurred.
C). Both Imprisonment and Fine
A). Imprisonment - Prision Mayor
B). Fine – at least 200,000 pesos up to a
maximum amount commensurate to the damage
incurred.
C). Both Imprisonment and Fine
A). Imprisonment - Prision Mayor
A). Imprisonment - Prision Mayor
B). Fine – at least 200,000 pesos up to a
maximum amount commensurate to the damage
incurred.
C). Both Imprisonment and Fine
A). Imprisonment - Prision Mayor
B). Fine – at least 500,000 pesos up to a
maximum amount commensurate to the damage
incurred.
 (aa) A device, including a computer program, C). Both Imprisonment and Fine
designed or adapted primarily for the purpose of
committing any of the offenses under this Act; or
6
(bb) 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 intent that it be used for the purpose of
committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs
5(i)(aa) or (bb) above with intent to use said devices for
the purpose of committing any of the offenses under
this section.
If Crimes under Section 4(a) are committed against Critical Infrastructure:
a) Imprisonment – Reclusion Temporal
b) Fine – at least P 500,000.00 up to amount of damage
c) Both fine and Imprisonment

Crime Penalty
Section 4 (b) –Computer-related Offenses:
Computer-related Forgery. – A). Imprisonment - Prision Mayor
(i) The input, alteration, or deletion of any B). Fine – at least 200,000 pesos up to a
computer data without right resulting in maximum amount commensurate to the damage
inauthentic data with the intent that it be incurred.
considered or acted upon for legal C). Both Imprisonment and Fine
purposes as if it were authentic. regardless
whether or not the data is directly readable
and intelligible; or
(ii) The act of knowingly using computer
data; which is the product of computer-
related forgery as defined herein. for the
purpose of perpetuating a fraudulent or
dishonest design.
Computer· related Fraud. - The unauthorized input, A). Imprisonment - Prision Mayor
alteration, or deletion of computer data or program or B). Fine – at least 200,000 pesos up to a
interference in the functioning of a computer system maximum amount commensurate to the damage
causing damage thereby with fraudulent intent: Provided, incurred.
that if no damage has yet been caused, the penalty C). Both Imprisonment and Fine
imposable shall be one (1) degree lower.
Computer-related Identity Theft. - The intentional A). Imprisonment - Prision Mayor
acquisition, use, misuse, transfer, possession) alteration B). Fine – at least 200,000 pesos up to a
or deletion of identifying information belonging to maximum amount commensurate to the damage
another, whether natural or juridical, without right: incurred.
Provided, That if no damage has yet been caused, the C). Both Imprisonment and Fine
penalty imposable shall be one (1) degree lower.

Crime
Section 4 (c) –Content-related Offenses:
Cybersex. - The wilful 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.
Child Pornography. - The unlawful or prohibited acts
defined and punishable by Republic Act No. 9775 or the
Anti-Child Pornography Act of 2009, committed through
a computer system: Provided, That the penalty to be
imposed. shall be (1) one degree higher than that
provided for in Republic Act No. 9775.
Unsolicited Commercial Communications. - The
transmission of commercial electronic communication
with the use of computer system which seek to advertise,
Penalty
A). Imprisonment - Prision Mayor
B). Fine – at least 200,000 pesos up but not
exceeding to one million pesos.
C). Both Imprisonment and Fine
Any person found guilty shall be punished with
the penalties as enumerated in REPUBLIC Act
No. 9775 : Provided, That the penalty to be
imposed shall be one (1) degree higher than that
provided for in Republic Act No. 9775, if
committed through a computer system.
A). Imprisonment - Arrest Mayor
B). Fine – at least 50,000 pesos up but not
exceeding 200,000 pesos.
 sell, or offer for sale products and services are prohibited C). Both Imprisonment and Fine
unless:
(i) There is prior affirmative consent from the
recipient; or
(ii) The primary intent of the communication is
for service and/or administrative
announcements from the sender to its
existing users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication
contains a simple, valid, and reliable way for the
recipient to reject receipt of further commercial
electronic messages (opt-out) from the same source;
(bb) The commercial electronic communication does
not purposely disguise the source of the electronic
message; and
(cc) 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.
Libel- The unlawful or prohibited acts of libel as defined One degree higher than the penalty provided for
in Article 355 of the Revised Penal Code, as amended, the Libel under the Revised Penal Code
committed through a computer system or any other
similar means which may be devised in the future.

Crime Penalty
Section 5 - Other Offenses:
Aiding or Abetting in the Commission of Cybercrime. A). Imprisonment - One degree lower than that
- Any person who wilfully abets or aids in the of the prescribed penalty
commission of any of the offenses enumerated in this B). Fine – at least 100,000 pesos up but not
Act shall be held liable. exceeding 500,000 pesos.
C). Both Imprisonment and Fine
Attempt in the Commission of Cybercrime. - Any A). Imprisonment - One degree lower than that
person who wilfully attempts to commit any of the of the prescribed penalty
offenses enumerated in this Act shall be held liable. B). Fine – at least 100,000 pesos up but not
exceeding 500,000 pesos.
C). Both Imprisonment and Fine

RA 10173 (Data Privacy Act)

DATA PRIVACY ACT OF 2012 (DPA)
“An act protecting individual personal information in information and communications systems in the
government and the private sector, creating for this purpose a National Privacy Commission, and for other
purposes”
The Act was approved into law last August 15, 2012.

Key Roles of DPA:

» Data Subjects
» Refers to an individual whose, sensitive personal, or
privileged information is processed
» Personal Information Controller (PIC)
» Controls the processing of personal data, or instructs
another to process personal data on its behalf.
» Personal Information Processor (PIP)
» Organization or individual whom a personal information
controller may outsource or instruct the processing of
personal data pertaining to a data subject
» Data Protection Officer (DPO)
» Responsible for the overall management of compliance to DPA
» National Privacy Commission
 » Independent body mandated to administer and implement the DPA of 2012, and to monitor and
ensure compliance of the country with international standards set for personal data protection

Scope:
SEC. 4. Scope. – This Act applies to the processing of all types of personal information and to any natural
and juridical person involved in personal information processing including those personal information
controllers and processors who, although not found or established in the Philippines, use equipment that are
located in the Philippines, or those who maintain an office, branch or agency in the Philippines subject to
the immediately succeeding paragraph:

This Act does not apply to the following:

(a) Information about any individual who is or was an officer or employee of a government institution
that relates to the position or functions of the individual, including:
(1) The fact that the individual is or was an officer or employee of the government institution;
(2) The title, business address and office telephone number of the individual;
(3) The classification, salary range and responsibilities of the position held by the individual; and
(4) The name of the individual on a document prepared by the individual in the course of employment
with the government;

(b) Information about an individual who is or was performing service under contract for a government
institution that relates to the services performed, including the terms of the contract, and the name of the
individual given in the course of the performance of those services;

(c) Information relating to any discretionary benefit of a financial nature such as the granting of a license
or permit given by the government to an individual, including the name of the individual and the exact
nature of the benefit;

(d) Personal information processed for journalistic, artistic, literary or research purposes;

(e) Information necessary in order to carry out the functions of public authority which includes the
processing of personal data for the performance by the independent, central monetary authority and law
enforcement and regulatory agencies of their constitutionally and statutorily mandated functions. Nothing in
this Act shall be construed as to have amended or repealed Republic Act No. 1405, otherwise known as the
Secrecy of Bank Deposits Act; Republic Act No. 6426, otherwise known as the Foreign Currency Deposit
Act; and Republic Act No. 9510, otherwise known as the Credit Information System Act (CISA);

(f) Information necessary for banks and other financial institutions under the jurisdiction of the
independent, central monetary authority or Bangko Sentral ng Pilipinas to comply with Republic Act No.
9510, and Republic Act No. 9160, as amended, otherwise known as the Anti-Money Laundering Act and
other applicable laws; and

(g) Personal information originally collected from residents of foreign jurisdictions in accordance with
the laws of those foreign jurisdictions, including any applicable data privacy laws, which is being processed
in the Philippines.

Salient Features of the Law:

» It applies to processing of personal information (SEC, 3 G) and sensitive personal information
(SEC. 3 L).
(g) Personal information refers to any information whether recorded in a material form or not, from which
the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding
the information, or when put together with other information would directly and certainly identify an
individual.

(l) Sensitive personal information refers to personal information:

(1) About an individual’s race, ethnic origin, marital status, age, color, and religious,
philosophical or political affiliations;
(2) About an individual’s health, education, genetic or sexual life of a person, or to any
proceeding for any offense committed or alleged to have been committed by such person, the disposal of
such proceedings, or the sentence of any court in such proceedings;
(3) Issued by government agencies peculiar to an individual which includes, but not limited to,
social security numbers, previous or cm-rent health records, licenses or its denials, suspension or revocation,
and tax returns; and
(4) Specifically established by an executive order or an act of Congress to be kept classified.

» Created the National Privacy Commission to monitor the implementation of this law.
SEC. 7 - Functions of the National Privacy Commission. – To administer and implement the provisions of
this Act, and to monitor and ensure compliance of the country with international standards set for data
protection, there is hereby created an independent body to be known as the National Privacy Commission.

» Gave parameters on when and on what premise can data processing of personal information be
allowed. Its basic premise is when a data subject has given direct consent.
SEC. 12 - Criteria for Lawful Processing of Personal Information.
SEC. 13 -Sensitive Personal Information and Privileged Information.

» Companies who subcontract processing of personal information to 3rd party shall have full
liability and can’t pass the accountability of such responsibility. 
SEC. 14 -Subcontract of Personal Information. – A personal information controller may subcontract the
processing of personal information: Provided, That the personal information controller shall be responsible
for ensuring that proper safeguards are in place to ensure the confidentiality of the personal information
processed, prevent its use for unauthorized purposes, and generally, comply with the requirements of this
Act and other laws for processing of personal information.

» Data subject has the right to know if their personal information is being processed. The person
can demand information such as the source of info, how their personal information is being used,
and copy of their information. One has the right to request removal and destruction of one’s
personal data unless there is a legal obligation that required for it to be kept or processed.
SEC. 16 – Rights of the Data Subject. – The data subject is entitled to:
(a) Be informed whether personal information pertaining to him or her shall be, are being or have been
processed;
(b) Be furnished the information indicated hereunder before the entry of his or her personal information
into the processing system of the personal information controller, or at the next practical opportunity:
(1) Description of the personal information to be entered into the system;
(2) Purposes for which they are being or are to be processed;
SEC. 18 – Right to Data Portability. – The data subject shall have the right, where personal information is
processed by electronic means and in a structured and commonly used format, to obtain from the personal
information controller a copy of data undergoing processing in an electronic or structured format, which is
commonly used and allows for further use by the data subject. The Commission may specify the electronic
format referred to above, as well as the technical standards, modalities and procedures for their transfer.

» If the data subject has already passed away or became incapacitated (for one reason or another),
their legal assignee or lawful heirs may invoke their data privacy rights.
SEC. 17 – Transmissibility of Rights of the Data Subject. – The lawful heirs and assigns of the data subject
may invoke the rights of the data subject for, which he or she is an heir or assignee at any time after the
death of the data subject or when the data subject is incapacitated or incapable of exercising the rights as
enumerated in the immediately preceding section.

» Personal information controllers must ensure security measures are in place to protect the
personal information they process and be compliant with the requirements of this law.
SEC. 20 –Security of Personal Information. –– (a) The personal information controller must implement
reasonable and appropriate organizational, physical and technical measures intended for the protection of
personal information against any accidental or unlawful destruction, alteration and disclosure, as well as
against any other unlawful processing.
SEC. 21 –Principle of Accountability. – Each personal information controller is responsible for personal
information under its control or custody, including information that have been transferred to a third party for
processing, whether domestically or internationally, subject to cross-border arrangement and cooperation.

» In case a personal information controller systems or data got compromised, they must notify the
affected data subjects and the National Privacy Commission.
SEC. 20 (f) The personal information controller shall promptly notify the Commission and affected data
subjects when sensitive personal information or other information that may, under the circumstances, be
used to enable identity fraud are reasonably believed to have been acquired by an unauthorized
person………The notification shall at least describe the nature of the breach, the sensitive personal
information possibly involved, and the measures taken by the entity to address the breach.

»  Heads of government agencies must ensure their system compliance to this law (including security
requirements). Personnel can only access sensitive personal information off-site, limited to 1000
records, in government systems with proper authority and in a secured manner. 
SEC. 22 - Responsibility of Heads of Agencies. – All sensitive personal information maintained by the
government, its agencies and instrumentalities shall be secured, as far as practicable, with the use of the
most appropriate standard recognized by the information and communications technology industry, and as
recommended by the Commission. The head of each government agency or instrumentality shall be
responsible for complying with the security requirements mentioned herein while the Commission shall
 monitor the compliance and may recommend the necessary action in order to satisfy the minimum
standards.

» Government contractors who have existing or future deals with the government that involves
accessing of 1000 or more records of individuals should register their personal information
processing system with the National Privacy Commission. 

For Personal For Sensitive

DPA Punishable
Information Personal Information Fine (Pesos)
Section Act
JAIL TERM
Unauthorized
25 1-3 years 3-6 years 500 k – 4 million
processing
Access due to
26 1-3 years 3-6 years 500 k – 4 million
negligence
27 Improper disposal 6 months – 2 years 3-6 years 100 k – 1 million
Unauthorized 18 months – 5
28 2-7 years 500 k – 2 million
purposes years
29 Intentional breach 1-3 years 500 k – 2 million
Concealment of
30 18 months – 5 years 500 k – 1 million
breach
Malicious
31 18 month – 5 years 500 k – 1 million
disclosure
Unauthorized
32 1-3 years 3-5 years 500 k – 2 million
disclosure
Combination of
33 1-3 years 1 million – 5 million
acts

» If at least 100 persons are harmed, the maximum penalty shall apply SECTION 35.
SEC. 35 - Large-Scale. – The maximum penalty in the scale of penalties respectively provided for the
preceding offenses shall be imposed when the personal information of at least one hundred (100) persons is
harmed, affected or involved as the result of the above-mentioned actions.

»  For public officers (working in government), an accessory penalty consisting in the

disqualification to occupy public office for a term double the term of criminal penalty imposed
shall he applied.
SEC. 36 - Offense Committed by Public Officer. – When the offender or the person responsible for the
offense is a public officer as defined in the Administrative Code of the Philippines in the exercise of his or
her duties, an accessory penalty consisting in the disqualification to occupy public office for a term double
the term of criminal penalty imposed shall he applied.

RA 10844 (DICT)
REPUBLIC ACT NO. 10844
AN ACT CREATING THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY, DEFINING ITS POWERS AND FUNCTIONS APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
The “DICT Act” was signed into law on 23 May 2016.

Salient Features:
» The DICT Act created the Department of Information and Communications Technology
(“DICT”) which is mandated to be the primary policy, planning, coordinating, implementing and
administrative agency of the Executive Branch of the Philippine Government, and is tasked to
plan, develop, and promote the national Information and Communications Technology (“ICT”)
development agenda.
SEC. 4 -  Creation of the Department of Information and Communications Technology (DICT). – There is
hereby created the Department of Information and Communications Technology, hereinafter referred to as
the Department.
SEC. 5 -  Mandate. – The Department shall be the primary policy, planning, coordinating, implementing,
and administrative entity of the Executive Branch of the government that will plan, develop, and promote
the national ICT development agenda
 » The new law also renames the existing Department of Transportation and Communications
(DOCT) to Department of Transportation, and abolishes all of its agencies and units dealing with
communications such as the National Computer Center (NCC), National Telecommunications
Training Institute (NTTI), Information and Communications Technology Office (ICTO),
Telecommunications Office (TELOF), and the National Computer Institute (NCI). The powers,
functions, appropriations, personnel, and property of these agencies are transferred to the DICT.
Existing agencies pertaining to ICT are also attached to the DICT for policy and program
coordination, such as the National Telecommunications Commission (NTC), National Privacy
Commission (NPC), and Cybercrime Investigation and Coordination Center (CICC).
SEC. 15 - Transfer of Agencies and Personnel. 

» The DICT shall be composed of a Secretary, three (3) undersecretaries, and four (4) assistant
rsecretaries, all of whom shall be appointed by the President.  The law requires that they shall
possess at least seven (7) years of experience in any of the following fields: information and
communications technology, information security management, e-commerce, human capital
development in the ICT sector, cybersecurity, data privacy, or information technology service
management.
SEC. 7.- Composition. – The Department shall be headed by a Secretary. The Department proper shall be
composed of the Office of the Secretary, the Offices of the Undersecretaries and the assistant secretaries.
SEC. 8 -  Secretary of Information and Communications Technology. – The Secretary shall be appointed by
the President, subject to confirmation by the Commission on Appointments. 
SEC. 9 - Undersecretaries. – The Secretary shall be assisted by three (3) undersecretaries, who shall be
appointed by the President upon the recommendation of the Secretary: Provided, That two (2) of the
undersecretaries shall be career officers.
SEC.10- Assistant Secretaries. – The Secretary shall be assisted by four (4) assistant secretaries who shall
be appointed by the President upon the recommendation of the Secretary: Provided, That two (2) of the
assistant secretaries shall be career officers: Provided, further, That at least one (1) of the assistant
secretaries shall be a licensed Professional Electronics Engineer (PECE), or any suitably qualified person in
accordance with Civil Service Commission (CSC) rules and regulations.
SEC.11-  Qualifications. – No person shall be appointed Secretary, Undersecretary, or Assistant Secretary
of the Department unless he or she is a citizen and resident of the Philippines, of good moral character, of
proven integrity and with at least seven (7) years of competence and expertise in any of the following:
information and communications technology, information technology service management, information
security management, cybersecurity, data privacy. e-Commerce, or human capital development in the ICT
sector.

RA 8293 (The Intellectual Property Code of the Philippines)

INTELLECTUAL PROPERTY RIGHT (IPR)
The term "intellectual property rights" consists of:
Copyright and Related Rights
Trademarks and Service Marks
Geographic Indications
Industrial Designs
Patents
Layout-Designs (Topographies) of Integrated Circuits
Protection of Undisclosed Information

GOVERNMENT AGENCIES
The agency of the government in charge of the implementation of the Intellectual Property Code is the
Intellectual Property Office which replaced the Bureau of Patents, Trademarks and Technology Transfer. It is
divided into six [6] Bureaus, namely:
Bureau of Patents
Bureau of Trademarks
 Bureau of Legal Affairs
 Documentation, Information and Technology Transfer Bureau
Management Information System and EDP Bureau
 Administrative, Financial and Personnel Services Bureau.

INTELLECTUAL PROPERTY OFFICE

The Intellectual Property Office of the Philippines (IPOPHL) is the lead agency responsible for handling the
registration and conflict resolution of intellectual property rights.
It was created by virtue of Republic Act No. 8293 or the Intellectual Property Code of the Philippines,
which took effect on January 1, 1998 under the presidency of Fidel V. Ramos.
PATENTS
A Patent is a grant issued by the government through the Intellectual Property Office of the Philippines.
It is an exclusive right granted for a product, process or an improvement of a product or process which is
new, inventive and useful.
This exclusive right gives the inventor the right to exclude others from making, using, or selling the product
of his invention during the life of the patent.
A patent has a term of protection of twenty (20) years providing an inventor significant commercial gain. In
return, the patent owner must share the full description of the invention.

PATENTABLE INVENTIONS
SECTION 21. Patentable Inventions. — Any technical solution of a problem in any field of human
activity which is new, involves an inventive step and is industrially applicable shall be patentable. It may be,
or may relate to, a product, or process, or an improvement of any of the foregoing.

NON-PATENTABLE INVENTIONS
SECTION 22. Non-Patentable Inventions. — The following shall be excluded from patent protection:
22.1. Discoveries, scientific theories and mathematical methods;
22.2. Schemes, rules and methods of performing mental acts, playing games or doing business,
and programs for computers;
22.3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic
methods practiced on the human or animal body. This provision shall not apply to products and composition
for use in any of these methods;

NON-PATENTABLE INVENTIONS
SECTION 22. Non-Patentable Inventions. — The following shall be excluded from patent protection:
22.4. Plant varieties or animal breeds or essentially biological process for the production of
plants or animals. This provision shall not apply to microorganisms and non-biological and microbiological
processes. Provisions under this subsection shall not preclude Congress to consider the enactment of a law
providing sui generis protection of plant varieties and animal breeds and a system of community intellectual
rights protection:
22.5. Aesthetic creations; and
22.6. Anything which is contrary to public order or morality.

THE FIRST TO FILE RULE

SECTION 29. First to File Rule. — If two (2) or more persons have made the invention separately and
independently of each other, the right to the patent shall belong to the person who filed an application for
such invention, or where two or more applications are filed for the same invention, to the applicant who has
the earliest filing date or, the earliest priority date. (3rd sentence, Sec. 10, R.A. No. 165a.)

TRADEMARK
TRADEMARKS "Mark" means any visible sign capable of distinguishing the goods (trademark) or
services (service mark) of an enterprise and shall include a stamped or marked container of goods.
A trademark is a tool used that differentiates goods and services from each other. It is a very important
marketing tool that makes the public identify goods and services.
A trademark can be one word, a group of words, sign, symbol, logo, or a combination of any of these.
Generally, a trademark refers to both trademark and service mark, although a service mark is used to
identify those marks used for services only.

TRADEMARK PROTECTION
A trademark can be protected through registration.
Registration gives the trademark owner the exclusive right to use the mark and to prevent others from using
the same or similar marks on identical or related goods and services

COPYRIGHT
Copyright is the legal protection extended to the owner of the rights in an original work.
“Original work” refers to every production in the literary, scientific and artistic domain. Among the literary
and artistic works enumerated in the IP Code includes books and other writings, musical works, films, paintings
and other works, and computer programs.

COPYRIGHT
WORKS COVERED BY COPYRIGHT PROTECTION:
 Books, pamphlets, articles and other writings
 Periodicals and newspapers
 Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing
or other material form
 Letters
  Dramatic or dramatico-musical compositions; choreographic works or entertainment in dumb shows
 Musical compositions, with or without words
 Works of drawing, painting, architecture, sculpture, engraving, lithography or other work of art; models
or designs for works of art
 Original ornamental designs or models for articles of manufacture, whether or not registrable as an
industrial design, and other works of applied art
 Illustrations, maps, plans, sketches, charts and three-dimensional works relative to geography,
topography, architecture or science
 Drawings or plastic works of a scientific or technical character
 Photographic works including works produced by a process analogous to photography; lantern slides
 Audiovisual works and cinematographic works and works produced by a process analogous to
cinematography or any process for making audio-visual recordings
 Pictorial illustrations and advertisements
Computer programs
 Other literary, scholarly, scientific and artistic works.

COPYRIGHT OWNERSHIP
SECTION 178. Rules on Copyright Ownership. — Copyright ownership shall be governed by the
following rules:
178.1. Subject to the provisions of this section, in the case of original literary and artistic works,
copyright shall belong to the author of the work;
178.2. In the case of works of joint authorship, the co-authors shall be the original owners of the
copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership.
If, however, a work of joint authorship consists of parts that can be used separately and the author of
each part can be identified, the author of each part shall be the original owner of the copyright in the part
that he has created;
178.3. In the case of work created by an author during and in the course of his employment, the
copyright shall belong to:
a. The employee, if the creation of the object of copyright is not a part of his regular
duties even if the employee uses the time, facilities and materials of the employer.
b. The employer, if the work is the result of the performance of his regularly-assigned
duties, unless there is an agreement, express or implied, to the contrary.
178.4. In the case of a work commissioned by a person other than an employer of the author and
who pays for it and the work is made in pursuance of the commission, the person who so commissioned
the work shall have ownership of the work, but the copyright thereto shall remain with the creator,
unless there is a written stipulation to the contrary;
178.5. In the case of audiovisual work, the copyright shall belong to the producer, the author of
the scenario, the composer of the music, the film director, and the author of the work so adapted.
However, subject to contrary or other stipulations among the creators, the producer shall exercise the
copyright to an extent required for the exhibition of the work in any manner, except for the right to
collect performing license fees for the performance of musical compositions, with or without words,
which are incorporated into the work; and
178.6. In respect of letters, the copyright shall belong to the writer subject to the provisions of
Article 723 of the Civil Code. (Sec. 6, P.D. No. 49a)

COPYRIGHT INFRIGEMENT
Copyright infringement consists in infringing any right secured or protected under the Code. It may also
consist in aiding or abetting such infringement.
The law also provides for the liability of a person who at the time when copyright subsists in a work has
in his possession an article which he knows, or ought to know, to be an infringing copy of the work for the
purpose of:
Selling or letting for hire, or by way of trade offering or exposing for sale or hire, the article
Distributing the article for the purpose of trade, or for any other purpose to an extent that will
prejudice the rights of the copyright owner in the work
Trade exhibit of the article in public.

People and their behavior in the Cyberspace

Key Terms:
Cyberspace refers to the virtual computer world, and more specifically, is an electronic medium used to form a
global computer network to facilitate online communication.

Cyberpsychology is the branch of psychology that examines how we interact with others using technology,
how our behaviour is influenced by technology, how technology can be developed to best suit our needs, and
how our psychological states can be affected by technologies.
 The most commonly studied technology in cyberpsychology research is the Internet, although the area
considers human interactions with many devices, including mobile computing, games consoles, virtual
reality and artificial intelligence.

Identity is the development of one’s self-concept, including one’s thoughts and feelings about oneself.
Three domains of Self by Higgins (1987):
1. actual self’ or ‘now self’ – Refers to the characteristics an individual actually possesses.
2. ‘ideal self’ – Refers to the characteristics a person would like to possess.
3. ‘ought self’ – Refers to the characteristics a person feels that they should possess.

Online anonymity gives people the chance to present any of these three selves and hence permits individuals to
better present aspects of their true selves than they would feel capable of doing in a face to face (F2F)
interaction.

‘True self’ has been used to refer to the ‘hidden aspects of what we need or wish to be, and ‘hidden’ has meant
‘anti-normative’ or ‘deviant’ in this context.
The person’s ‘true self’ is often inhibited in the real world because of the established norms in the
society that tells us how to act and behave.
In a fully anonymous online world where responsibility is absent, the masks people wear offline are
often discarded and their ‘true self’ allowed to emerge.

Online Disinhibition Effect (ODE) is a phenomenon where in an absence of face to face communication,
people tend to behave differently in the cyber world.
Some do things they don’t normally do and say things they don’t normally say. People are more
confident and feel uninhibited.

Categories of ODE:
1. The benign disinhibition demonstrates an attempt to comprehend and investigate oneself, to work
through issues and find better approaches.
People with benign inhibition tend to uncover secret feelings, wishes, or fear. Sometimes, they also
give unusual acts of goodness and generosity.
2. The toxic disinhibition demonstrates actions with disreputable needs and wishes without any personal
growth at all.
People tend to spill discourteous language and brutal reactions, outrage, disdain, or even threats. Also,
they are likely to explore things in the dark web, pornography sites, brutality sites, and other places they could
never visit in reality.

Factors causes ODE:

1. You Don't Know Me (dissociative anonymity).
Hiding some or all of the identity of the person creating a separation between the in-person and virtual identity.
Dissociation – believing that “ My virtual behavior aren’t really me”.
2. You Can't See Me (invisibility)
In virtual world, we cant always be sure when/where someone is present.
Virtual invisibility gives us the courage to do things that we perhaps do not do otherwise.
Physical invisibility also means less inhibited expressions.
3. See You Later (asynchronicity)
Virtual communication is always asynchronous – interaction does not always happen real time.
Not having to deal with someone's immediate reaction can be disinhibiting.
There is safety when posting something personal, emotional, or hostile and then “running away” – “The
Emotional Hit and Run”.
4. It's All in My Head (solipsistic introjection)
When we don’t know what the virtual person looks/sounds like, we tend to assign traits to those individuals.
Interactions with this introjected character feel more imaginary.
We also may treat virtual companion as ourselves, which can lead to greater disinhibition.
5. It's Just a Game (dissociative imagination)
The virtual world is in different space entirely, with imaginary character completely separate from the real
word.
Virtual life can be viewed as like more of a game versus as a real world interaction.
How we act in the “fantasy game” is not always how we act in the real world.
6. We're Equals (minimizing authority)
Everyone on the internet, regardless of status, wealth, race, gender, etc, has an equal opportunity to voice him or
herself. We are more willing to speak out and misbehave without disapproval and punishment by the authority.
In real world, authority and status are expressed by clothing, body language, etc.
7. Personality
The strength of underlying feelings, needs, and drive level has a big influence on how people behave in the
cyberspace. 

Online Behavior Theory:

The way we present ourselves can be explained in two prominent theories:
1. Equalisation Hypothesis
It suggests that with the removal of these social cues, a reduction of associated stereotypes may occur,
and therefore may lead to increased social power in the online world.
It is hypothesized that individuals who hold less power in society should have increased power in the
online environment.
2. Social Identity Model of Deindividuation Effects (SIDE) Theory
SIDE Theory anticipates that when complete anonymity exists within a group, then group salience will
be enhanced, with those members’ identification with the group growing stronger.
SIDE Theory proposes that in order to achieve goal-directed groups, where each member strives to
achieve the group’s goal and not their own personal goals, circumstances call for the complete anonymity of
each member for the group.