CYBERCRIME

PREVENTION LAW OF
2012
Presented by Group 5
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PRESENTATION OUTLINE

INTRODUCTION TO RA10175 PUNISHABLE ACTS AND

AND CYBERCRIME PENALTIES

ENFORCEMENT AND COMPETENT AUTHORITIES AND

IMPLEMENTATION INTERNATIONAL COOPERATION
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INTRODUCTION TO RA10175
AND CYBERCRIME
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TOP CYBERCRIMES IN THE

PHILIPPINES DURING THE
PANDEMIC:
1. PHISHING
2. ONLINE SCAMS
3. FAKE NEWS
4. ONLINE SEXUAL
EXPLOITATION OF
CHILDREN
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INTRODUCTION TO RA10175 AND CYBERCRIME

THE CYBERCRIME PREVENTION ACT OF 2012, OFFICIALLY RECORDED

AS REPUBLIC ACT NO. 10175, IS A LAW IN THE PHILIPPINES
THAT WAS APPROVED ON SEPTEMBER 12, 2012. IT AIMS TO
ADDRESS LEGAL ISSUES CONCERNING ONLINE INTERACTIONS AND
THE INTERNET IN THE PHILIPPINES. AMONG THE CYBERCRIME
OFFENSES INCLUDED IN THE BILL ARE CYBERSQUATTING,
CYBERSEX, CHILD PORNOGRAPHY, IDENTITY THEFT, ILLEGAL
ACCESS TO DATA AND LIBEL.
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SEC. 27. APPROPRIATIONS. -

THE AMOUNT OF FIFTY
MILLION PESOS (PHP
50,000,000.00) SHALL BE
APPROPRIATED ANUALLY FOR
THE IMPLEMENTATION OF THIS
ACT.
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PUNISHABLE ACTS AND

PENALTIES
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PUNISHABLE ACTS AND PENALTIES

SECTION 4. CYBERCRIME OFFENSES

A. OFFENSES AGAINST THE CONFIDENTIALITY, INTEGRITY AND AVAILABILITY OF
COMPUTER DATA AND SYSTEMS
ILLEGAL ACCESS
ILLEGAL INTERCEPTION
DATA INTERFERENCE
SYSTEM INTERFERENCE
MISUSE OF DEVICES
B. COMPUTER-RELATED OFFENSES

COMPUTER-RELATED FORGERY
COMPUTER-RELATED FRAUD
COMPUTER-RELATED IDENTITY THEFT
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PUNISHABLE ACTS AND PENALTIES

SECTION 5. OTHER CYBERCRIMES.

CYBER-SQUATTING
CYBERSEX
LIBEL
AIDING OR ABETTING IN THE
COMMISSION OF CYBERCRIME.
ATTEMPT TO COMMIT CYBERCRIME.
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PUNISHABLE ACTS AND PENALTIES

SECTION 6. CORPORATE LIABILITY. - THE PUNISHABLE ACTS DEFINED

ARE KNOWINGLY COMMITTED ON BEHALF OF OR FOR THE BENEFIT OF A
JURIDICAL PERSON, BY A NATURAL PERSON ACTING EITHER
INDIVIDUALLY OR AS PART OF AN ORGAN OF THE JURIDICAL PERSON,
WHO HAS A LEADING POSITION WITHIN
(A) A POWER OF REPRESENTATION OF THE JURIDICAL PERSON;
(B) AN AUTHORITY TO TAKE DECISIONS ON BEHALF OF THE JURIDICAL
PERSON; (C) AN AUTHORITY TO EXERCISE CONTROL WITHIN THE JURIDICAL
PERSON, THE JURIDICAL PERSON SHALL BE HELD LIABLE FOR A FINE
EQUIVALENT TO AT LEAST DOUBLE THE FINES IMPOSABLE IN SECTION 7 UP TO
A MAXIMUM OF TEN MILLION PESOS (P10,000,000.00).
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PUNISHABLE ACTS AND PENALTIES

SECTION 7. VIOLATION OF THE REVISED PENAL CODE, AS AMENDED,

THROUGH AND WITH THE USE OF INFORMATION AND COMMUNICATION
TECHNOLOGY. – ALL CRIMES DEFINED AND PENALIZED BY THE REVISED
PENAL CODE, 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
THE ACT: PROVIDED, THAT THE PENALTY TO BE IMPOSED SHALL BE ONE

(1) DEGREE HIGHER THAN THAT PROVIDED FOR BY THE REVISED PENAL
CODE, AS AMENDED, AND SPECIAL LAWS, AS THE CASE MAY BE.
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PUNISHABLE ACTS AND PENALTIES

SECTION 8. LIABILITY UNDER OTHER LAWS. – A PROSECUTION UNDER

THE ACT SHALL BE WITHOUT PREJUDICE TO ANY LIABILITY FOR
VIOLATION OF ANY PROVISION OF THE REVISED PENAL CODE, AS
AMENDED, OR SPECIAL LAWS: PROVIDED, THAT THIS PROVISION SHALL
NOT APPLY TO THE PROSECUTION OF AN OFFENDER UNDER
(1) BOTH SECTION 4(C)(4) OF R.A. 10175 AND ARTICLE 353 OF THE
REVISED PENAL CODE;
(2) BOTH SECTION 4(C)(2) OF R.A. 10175 AND R.A. 9775 OR THE
“ANTI-CHILD PORNOGRAPHY ACT OF 2009”.
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ENFORCEMENT AND
IMPLEMENTATION
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ENFORCEMENT AND IMPLEMENTATION

Enforcement is the act of enforcing or compulsion to

give force or putting in execution that which enforces,
constraints, authority,or effect and force applied and the
Implementation is the process of moving an idea from
concept to reality in business, engineering and other
fields, and also Implementation refers to the building
process rather than the design process.
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ENFORCEMENT AND IMPLEMENTATION

Section 9. Law Enforcement Authorities. – The National

Bureau of Investigation (NBI) and the Philippine National
Police (PNP) shall be responsible for the efficient and
effective law enforcement of the provisions of the Act.
The NBI and the PNP shall organize a cybercrime division
or unit to be manned by Special Investigators to
exclusively handle cases involving violations of the Act.
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ENFORCEMENT AND IMPLEMENTATION

Section 10. Powers and Functions of

Law Enforcement Authorities. – The NBI
and PNP cybercrime unit or division
shall have the following powers and
functions
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ENFORCEMENT AND IMPLEMENTATION

Section 11. Duties of Law Enforcement Authorities. – To ensure that the

technical nature of cybercrime and its prevention is given focus, and
considering the procedures involved for international cooperation, law
enforcement authorities, specifically the computer or technology crime
divisions or units responsible for the investigation of cybercrimes, are
required to submit timely and regular reports including pre-operation,
post-operation and investigation results, and such other documents as may
be required to the Department of Justice (DOJ) – Office of Cybercrime for
review and monitoring.
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COMPETENT AUTHORITIES AND

INTERNATIONAL COOPERATION
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COMPETENT AUTHORITIES AND INTERNATIONAL COOPERATION

CHAPTER VI : INTERNATIONAL COOPERATION

Sec. 22. General Principles Relating to International Cooperation
All relevant international instruments on international
cooperation in criminal matters, arrangements agreed on
the basis of uniform or reciprocal legislation, and domestic
laws, to the widest extent possible for the purposes of
investigations or proceedings concerning criminal offenses
related to computer systems and data, or for the collection
of evidence in electronic form of a criminal, offense shall be
given full force and effect.
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COMPETENT AUTHORITIES AND INTERNATIONAL COOPERATION

CHAPTER VII : COMPETENT

AUTHORITIES

SEC 23. Department of Justice (DOJ).

There is hereby created an Office of Cybercrime within the
DOJ designated as the central authority in all matters
related to international mutual assistance and extradition.
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COMPETENT AUTHORITIES AND INTERNATIONAL COOPERATION

SEC. 24. Cybercrime Investigation and

Coordinating Center.
There is hereby created, within thirty (30) days from the effectivity of this
Act, 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, for policy coordination among concerned agencies and for the
formulation and enforcement of the national cybersecurity
plan.
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COMPETENT AUTHORITIES AND INTERNATIONAL COOPERATION

SEC. 25. Composition.

The CICC shall be headed by the Executive Director of the Information and
Communications Technology Office under the Department of Science and
Technology (ICTO-DOST) as Chairperson with the Director of the NBI as Vice
Chairperson; the Chief of the PNP; Head of the DOJ Office of Cybercrime; and
one
(1) representative from the private sector and academe, as members. The CICC
shall be manned by a secretariat of selected existing personnel and
representatives from the different participating agencies.
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COMPETENT AUTHORITIES AND INTERNATIONAL COOPERATION

SEC. 26. Powers and

Functions.
The CICC shall have the
following powers and
functions:
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OUTLINE ENFORCEMENT CONCLUSION:

The Cybercrime Prevention Law of
2012 was passed not only to prevent
cybercrime but also to make various
INTRODUCTION AUTHORITIES cybercrime punishable according to
the law. The PNP, NBI, DOJ, and CICC
are tasked with enforcing the law
and giving appropriate punishments
when it comes to cybercrime.
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OUTLINE ENFORCEMENT SOURCES:

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO.
10175 | GOVPH. (2015, AUGUST 12). OFFICIAL GAZETTE OF THE
REPUBLIC OF THE PHILIPPINES.
HTTPS://WWW.OFFICIALGAZETTE.GOV.PH/2015/08/12/IMPLEMENTING
-RULES-AND-REGULATIONS-OF-REPUBLIC-ACT-NO-10175/?
FBCLID=IWAR35Z3VQYBUAU45RU2C8JHOC3GTAMJBA1TPA13DCCWTKDGWOW
YON-MN79YO
INTRODUCTION AUTHORITIES
BBC NEWS. (2012, OCTOBER 3). PHILIPPINE CYBERCRIME LAW
TAKES EFFECT AMID PROTESTS. BBC NEWS; BBC NEWS.
HTTPS://WWW.BBC.COM/NEWS/TECHNOLOGY-
19810474#:~:TEXT=THE%20NEW%20LAW%2C%20CALLED%20THE,TO%2012
%20YEARS%20IN%20JAIL.

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