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Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Department of Justice
(i'As Manila

DEPARTMENT CIRCULAR NO. n

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To OFFICE OF THE PROSECUTOR GENERAL

ALL OFFICES OF THE REGIONAL PROSECUTOR/OFFICES OF THE
PROVINCIAL PROSECUTOR/OFFICES OF THE CITY PROSECUTOR

Subject AMENDMENT TO DEPARTMENT CIRCULAR NO. 002 DATED 04

JANUARY 2018

Date APR 2^ 2019

In the interest of the service and pursuant to the provisions of existing laws,
Department Circular No. 002, Series of 2018, requiring the submission of monthly
inventory report of cybercrime and cyber-related cases is hereby amended as follows:

To ensure that the technical nature of cybercrime and its prevention is given
focus and considering the procedures involved for international cooperation, all
Regional, Provincial, and City Prosecutors, as well as Chairpersons of the various
Prosecution Task Forces in the Department proper are enjoined to submit every
month, timely and relevant inventory reports of cybercrime and cyber-related cases
filed with, or prosecuted by, their respective offices.

The Inventory Report on Cybercrime and Cyber-related Cases In the

National Prosecution Service (NPS) shall comprehensively indicate the following
information:

a. Date Filed - the date of filing of the complaint with the office of the
prosecutor;

b. NPS No. - the docket number assigned by the office of the prosecutor to
the complaint upon its filing;

c. Complete name/s of the Complalnant/s and the Respondent/s of the

case;

d. Specific crime/s and offense/s - the specific law and provision of the
subject crime/offense as defined and penalized under Republic Act (R.A.)
No. 10175 or the Cybercrime Prevention Act of 2012, and/or those under
the Revised Penal Code (RPC), as amended, and special penal laws, if
committed by, through and with the use of information and communications
technology (ICT);

L
 e. Designation and Complete name of the Assigned Prosecutor to conduct
Preliminary Investigation or Inquest; and

f. Status of the case - the actual status of the case, which may be either of
the following: (1) pending preliminary investigation; (2) submitted for
resolution; (3) resolved pending review; (4) for filing of information; (5) filed
in court; or (6) dismissed.

The assigned prosecutor shall furnish the Department of Justice(DOJ)- Office

of Cybercrime (OOC) with copies of Resolutions issued for cybercrime and cyber-
related cases submitted to the NPS.

Once a case is filed in court, the handling prosecutor in the court where the
case is raffled shall submit a monthly Inventory of Cybercrime and Cyber-related
Cases in Court, which shall consist of the following information:

a. Date Filed - the complete date when the case was raffled in court;

b. Case No.- the number assigned by the court;

c. Complete name of the accused in the case;

d. Specific crime/s and offense/s - the specific law and provision of the
subject crime/offense as defined and penalized under R.A. No. 10175,
and/or those under the RFC, as amended, and special penal laws, if
committed by, through and with the use of ICT;

e. Designation and Complete name of the Handling Prosecutor of the

case;

f. Complete name of the Defense Counsel of the accused;

g. Branch of the Court and Complete name of the Presiding Judge where
the case is raffled; and

h. Status of the case - the actual status of the case, which may be either of
the following: (1) arraignment; (2) pre-trial; (3) presentation of prosecution
evidence; (4) presentation of defense evidence; (5) archived; (6)
provisionally dismissed; (7) order of acquittal; or (8) order of
conviction/judgment.

The DOJ-OOC shall likewise be furnished with copies of Order of Archival,

Dismissal, Acquittal or Conviction issued by the court in relation to cybercrime or
cyber-related cases prosecuted by the handling prosecutor.

In case of appeal, the prosecutor who received a copy of such under appeal
shall furnish the DOJ-OOC a copy thereof.

For purposes of this Department Circular, cybercrime and cyber-related cases

shall pertain to cases for violation of R.A. No. 10175, as well as those crimes defined
and penalized by the Revised Penal Code, as amended, and special laws, if the same
are filed in relation to R.A. No. 10175.

The aforesaid Inventory Reports, accompanied by copies of Resolutions issued by

the prosecutor in complaints pending with the NFS, and Orders issued by the court in
cases pending therewith, as the case may be, shall be submitted to the DOJ-OOC every
Monday of the month succeeding the period covered by said Inventory Reports.

Submission of the requisite Inventory Reports, Resolutions, and/or Orders may be

through ordinary mail or e-mail to the details below:

Department of Justice-Office of Cybercrime

Floor JDC Center
571 Engrancia Reyes St., Ermita
Manila 1000
cvbercrime@doi.qov.ph

All Resolutions issued by the NFS prosecutors involving cybercrime and cyber-
related complaints starting January 2018 shall be submitted to the DOJ-OOC.

All department orders, circulars, and issuances inconsistent herewith are hereby
revoked. This Circular takes effect immediately and shall remain in force until further
orders.

Attached are the sample formats of the Inventory Report on Cybercrime and Cyber-
related Cases in the NFS and Inventory Report on Cybercrime and Cyber-related Cases
in Court for your reference and guidance.

For strict compliance.

MENARDO I. GUEVARRA
Secretary
Department of Justice
CM: 0201904188
III I
INVENTORY REPORT ON CYBERCRIME AND CYBER-RELATED CASES IN THE NFS
Office of the Prosecutor General / Regional I Provincial / City Prosecutor
Month of

DATE FILED NFS NO. TITLE OF THE COMPLAINANT RESPONDENT CRIME/ ASSIGNED STATUS COPY OF REMARKS
COMPLAINT OFFENSE PROSECUTOR RESOLUTION

XXX XXX XXX XXX XXX XXX XXX XXX Y/N NEW

Note:

(1) On the ninth (9*^) column (Copy of Resolution), indicate Y if a copy of the Resolution is being submitted with the Inventory Report. Otherwise, indicate N.
(2) On the tenth (10*^) column (Remarks), indicate NEW if a complaint is reported for the first time. Also, use this column to report noteworthy developments
in a complaint.

INVENTORY REPORT ON CYBERCRIME AND CYBER-RELATED CASES IN COURT

Office of the Prosecutor General / Regional I Provincial / City Prosecutor
Month of

DATE CASE CASE ACCUSED CRIME/ HANDLING DEFENSE BRANCH OF STATUS COPY OF REMARKS
FILED NO. TITLE OFFENSE PROSECUTOR COUNSEL THE COURT RESOLUTION/
AND ORDER
PRESIDING
JUDGE

XXX XXX XXX XXX Y/N NEW

XXX XXX XXX XXX XXX

Note:

(1) On the tenth (10*^) column (Copy of Resolution), indicate Y if a copy of the Resolution/Order is being submitted with the Inventory Report. Otherwise, indicate N.
(2) On the eleventh (11^)column (Remarks), indicate NEW if a case is reported for the first time. Also, use this column to report noteworthy developments
■ in a case.