Legal aspects of RA 10175

and Rule on Cybercrime

Warrants

Cherryfe M España, RCrim

DEPARTMENT OF JUSTICE
Office of Cybercrime

REPUBLIC ACT NO. 10175

 REPUBLIC ACT NO. 10175
SUBSTANTIVE PROCEDURAL COOPERATION

Criminalization Investigative Mechanisms

of certain acts tools for for
and providing detection and international
penalties for prosecution. cooperation.
the same.
DEPARTMENT OF JUSTICE
Office of Cybercrime

MOST PREVALENT CYBERCRIMES

Online Libel
Online Scam/Fraud
Online Threats and Coercion
Online Child Sexual Abuse and Exploitation
Photo and Video Voyeurism
Online Illegal Gambling

Source: Inventory Report as of 11 February 2020

Pursuant to Department Circular No. 008, dated 24 April 2019
REPUBLIC ACT NO. 10175 Sec. 4

A. Offenses against Confidentiality, Integrity

and Availability of Computer Data &Systems

• Illegal Access
• Illegal Interception
• Data Interference
• System Interference
• Misuse of Devices
• Cyber-squatting
REPUBLIC ACT NO. 10175 Sec. 4

B. Computer-related Offenses
• Computer-related Forgery
• Computer-related Fraud
• Computer-related Identity Theft

C.Content-related Offenses
• Cybersex
• Child Pornography
• Cyber Libel
 Disini v. SOJ
G.R. No. 203335, February 11, 2014

UNCONSTITUTIONAL PROVISIONS as declared by the

Supreme Court:

• Section 4 (c) (3) -Unsolicited Commercial Communications;

• Section 5 - Aiding or Abetting / Attempt in the Commission of
Cybercrime in relation to Cyber Libel and Online Child
Pornography;
• Section 12 - Real-Time Collection of Traffic Data; and
• Section 19 - Restricting or Blocking Access to Computer Data.
 SECTION 6

Crimes under: penalty is

Revised Penal Code ICT 1 degree
Special Penal Laws
higher
 JURISDICTION
SEC. 21. of R.A. No. 10175

Regional Trial Court for violations of the law if committed

(a) in the Philippines
(b) by a Filipino national regardless of the place of commission
(c) with the use of any computer system wholly or partially situated
in the country; or
(d) when by such commission any damage is caused to a natural or
juridical person, who at the time the offense was committed was
in the Philippines

Sec 1.4, RCW (f) Cybercrime court – refers to any of the Regional Trial
Courts which are designated as special cybercrime courts;
 LAW ENFORECEMENT AUTHORITIES
SEC. 10. 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 this Act. The NBI and the PNP shall
organize a cybercrime unit or center manned by special investigators
to exclusively handle cases involving violations of this Act.
 DEPARTMENT OF JUSTICE
Office of Cybercrime

DEPARTMENT OF JUSTICE
OFFICE OF CYBERCRIME
• Central Authority in all matters relating to international mutual
assistance and extradition, as far as cybercrimes is concerned.

• Competent Authority for all requests for assistance for

investigation or proceedings concerning cybercrime and cyber-
related offenses.

• 24/7 Network Point-of-Contact in line with Article 35 of the

Budapest Convention.

• Builds and upskills the capacity of all criminal justice sector

players with regard to cybercrime enforcement and prosecution.
CYBERCRIME WARRANTS
 LEGAL FRAMEWORK

2018
2014
Rules on
2001 Cyber
2000 Cybercrime
warrants
Prevention
Rules on
Act of 2012
Electronic
Electronic
Evidence
Commerce
Act
 Rule on Cybercrime Warrant

• The detection, investigation, and prosecution of cybercrime

offenses necessitate a rule of procedure therefor, especially
for the application, issuance, and implementation of court
warrants technically-suited to the nature of cybercrime
offenses
• Rules of procedure "that shall respond to the technical
requirements of cybercrime prosecution and aid the
cybercrime courts in the exercise of their special jurisdiction“
 SCOPE AND APPLICATION

• RCW sets for the procedure for the application and grant of
warrants and related orders involving the preservation,
disclosure, interception, search, seizure, and/or examination,
as well as the custody, and destruction of computer data, as
provided under R.A. No. 10175.
 COMPUTER DATA

• Computer data refers to any representation of facts,

information, or concepts in a form suitable for
processing in a computer system including a
program suitable to cause a computer system to
perform a function and includes electronic
documents and/or electronic data messages
whether stored in local computer systems or online.
CLASSIFICATION OF
COMPUTER DATA
 A. SUBSCRIBER’S INFORMATION

• It refers to any information

contained in the form of
computer data or any other
form that is held by a service
provider, relating to subscribers
of its services other than traffic
or content data and by which
identity can be established
 B. TRAFFIC OR NON-CONTENT DATA

• It refers to any computer data

other than the content of the
communication including, but
not limited to, the
communication’s origin,
destination, route, time, date,
size, duration, or type of
underlying service.
 C. CONTENT DATA

• It refers to the content

of the communication
• SERVICE
PROVIDER

(1) Any public or private

entity that provides to users
of its service the ability to
communicate by means of a
computer system; and

(2) Any other entity that

processes or stores
computer data on behalf of
such communication service
or users of such service.
PRESERVATION ORDER
 Preservation Order

• Preservation refers to the keeping of data that

already exists in a stored form, protected from
anything that would cause its current quality or
condition to change or deteriorate;
• Preservation Request/Order is an Order from
the LEAs mandating the service providers to keep,
preserve, and maintain the integrity of the
computer data subject thereof. It is a condition
sine qua non before an application for a cyber
warrant may be filed in court.
• SEC. 13. Preservation of Computer Data. — The
integrity of traffic data and subscriber information
relating to communication services provided by a service
provider shall be preserved for a minimum period of six
(6) months from the date of the transaction.

A. SUBSCRIBER/TRAFFIC DATA – Minimum 6 mos from

the date of transaction

B. CONTENT DATA – 6 mos from the receipt of the order

from the LEAs requiring the preservation of the data
• Law enforcement authorities may order a one-time
extension for another six (6) months:

Provided, that once computer data that is preserved,

transmitted or stored by a service provider is used as
evidence in a case, the receipt by the service provider
of a copy of the transmittal document to the Office of
the Prosecutor shall be deemed a notification to
preserve the computer data until the final termination
of the case and/or as ordered by the court, as the case
maybe.
TYPES OF CYBERCRIME WARRANTS

Warrant to Disclose Computer Data (WDCD)

Warrant to Interception Computer Data (WICD)

Warrant to Search, Seize and Examine Computer Data

(WSSECD)

Warrant to Examine Computer Data (WECD)

 WHERE TO FILE AN APPLICATION FOR A WARRANT?
CYBERCRIME COURTS REGULAR/SPECIALIZED
COURTS
On 19 January 2017, the Office of the Court Regional Trial Courts with Regular
Administrator issued OCA Circular No. 18-2017 Jurisdiction
designating all commercial courts in the Drugs Courts
Philippines as cybercrime courts. Family Courts
Violation of Sections 4 and 5, Chapter II of R.A. Violation of the Revised Penal Code
No. 10175 and other Special Penal Laws in
relation to Section 6 of R.A. No. 10175
Valid within its territorial jurisdiction, except for Valid within its territorial jurisdiction.
those issued in Quezon City, Manila City, Makati
City, Pasig City, Cebu City, Davao City, and
Cagayan De Oro City, which warrants shall be
enforceable nationwide and outside the (Section 21 of R.A. No. 10175 and
Philippines. Section 2.2, RCW)
Cyber Warrant Applicant

Law Enforcement Authorities

 DEPARTMENT OF JUSTICE
Office of Cybercrime

TYPES OF CYBERCRIME WARRANTS

⮚DISCLOSURE OF COMPUTER DATA (Section 4, RCW)

• Authorizes law enforcement authorities to issue an Order to

disclose and require any person or service provider
to disclose or submit computer data in his/her or its possession or
control.

• PRODUCTION ORDER is accordingly issued by the law

enforcement authorities.

• Compliance should be within seventy-two (72) hours from

receipt of the order.
CONTENTS OF APPLICATION FOR A WARRANT

O- Offense
R- Relevance and Necessity
I- Names of Individuals or entities
D- Particular Description
E- Place where the disclosure computer data is to
be enforced
M- Manner or method by which the computer data
will be disclosed
O- Other relevant information
RETURN ON THE DISCLOSURE OF COMPUTER DATA

• Within 48 hours from the implementation or after the expiration

of effectivity of the WDCD
• Law enforcement are allowed to retain copy of the disclosed
computer data if:
(1) used for case build-up and Preliminary investigation
(2) kept CONFIDENTIAL and labelled as RETAINED COPY
 DEPARTMENT OF JUSTICE
Office of Cybercrime

⮚ INTERCEPTION OF COMPUTER DATA (Section 5, RCW)

• Authorizes law enforcement authorities to carry out any or all of the

following activities:
a) Listening to;
b) Recording;
c) Monitoring; or
d) Surveillance of the content of communications, including
procuring of the content of computer data.

• Said activities are conducted either: DIRECTLY or INDIRECTLY

• 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. 5.2]
RETURN ON THE INTERCEPTION OF COMPUTER DATA

• Within 48 hours from the implementation or after the expiration

of effectivity of the WICD
• Notice After Filing of Return
• Within 30 days from the filing of return, or from the lapse of 48
hour period to file a return, LEA has the duty to notify the
person whose communication or computer data have been
intercepted.
• Within 10 days from receipt of Notice, the person may
challenge by motion, the legality of the interception
 DEPARTMENT OF JUSTICE
Office of Cybercrime

⮚ SEARCH, SEIZURE AND EXAMINATION OF COMPUTER

DATA (Section 6, RCW)

• Authorizes law enforcement authorities to search a particular place for items

to be seized and/or examined.

• Allows the conduct of both physical and virtual search.

• Once issued, interception may be conducted without the need of another
warrant for such purpose.

• Period to examine fixed by court, which may be extended not exceeding 30

days upon motion for justifiable reasons.
 CONTENTS OF APPLICATION FOR A WARRANT
• Same with WDCD
• Subject matter sought to be searched, seized, and examined
and all items related thereto.
• In addition, the application shall contain an explanation of
the search and seizure strategy to be implemented,
including a projection of whether or not an off-site or on-
site search will be conducted, taking into account the nature
of the computer data involved, the computer or computer
system’s security features, and/or other relevant
circumstances, if such information is available.
 DEPARTMENT OF JUSTICE
Office of Cybercrime

What is the difference between a

WSSECD and an Ordinary SW?

• Non-tangible items can be a subject (COMPUTER DATA)

• Search and Examination can be done either onsite of offsite

General rule: the LEAs must endeavor to conduct an on-site search

by first making a forensic image of the computer data on-site as well
as to limit their search to the place specified in the warrant.

Exception: If not practicable, an off-site search may be made,

provided: (a) forensic image is nevertheless made; and (b) the reason
for such off-site search is stated in the initial return.
 INITIAL RETURN ON THE SEARCH, SEIZURE,
EXAMINATION OF COMPUTER DATA

• Within ten (10) days from the issuance of the WSSECD, the
authorized law enforcement officers shall submit an initial return
that contains the following information:
• List of items seized and the hash value of the data stored
therein, forensic image and search, interception, actions taken,
and estimation of how long the examination will take place(Sec
6.6)
 DEPARTMENT OF JUSTICE
Office of Cybercrime

⮚ EXAMINATION OF COMPUTER DATA (Section 6.9, RCW)

• Authorizes law enforcement authorities to conduct forensic

examination on the computer data stored in a computer
device or computer system, the possession of which was
acquired via a lawful warrantless arrest or by any
other lawful means.
 EFFECTIVE PERIOD OF WARRANTS

GENERAL RULE : 10 DAYS FROM THE ISSUANCE OF THE WARRANT

EXCEPTION: May be extended based on justifiable reasons for a period

not exceeding 10 days from he expiration of the original period
 DEPARTMENT OF JUSTICE
Office of Cybercrime

SANCTIONS AGAINST LEAS & SPS

CONTEMPT (RULE 71, RULES OF COURT) – LEAS

• Failure to file a Return

• Failure to Turn over custody of items disclosed, intercepted, seized
and/or examined
• Non-compliance with LEA’s Order to Disclose (Sec. 4.6, RCW) [Sec.
2.6]

OBSTRUCTION OF JUSTICE (PD 1829)

• Non-compliance with the Orders of the LEAs (Sec. 20, RA 10175)

• Charge for Obstruction of Justice shall be filed in the SCCC which
has jurisdiction of the place where the non-compliance was committed
[Sec. 2.7]
 Section 7.1. Deposit and Custody of Seized
Computer Data. – Upon the filing of the return
for a WDCD or WICD, or the final return for a
WSSECD or WECD, all computer data subject
thereof shall be simultaneously deposited in a
sealed package with the same court that issued
the warrant.
 Section 7.3. Access to and Use of Computer
Data. The package containing the computer data
so deposited under Section 7.1 of this Rule shall
not be opened, or the recordings replayed, or its
contents revealed, or, in any manner, used as
evidence, except upon motion duly granted by the
court.
 Section 8.2. Destruction and Return of Computer
Data in the Custody of the Court. – Upon motion
and due hearing, the court may, for justifiable
reasons, order the complete or partial destruction,
or the return to its lawful owner or possessor, of the
computer data or any of the related items turned
over to its custody.
READ THE FULL-TEXT OF RULES ON CYBERWARRANT
FOR FULL UNDERSTANDING