ILOCOS SUR POLYTECHNIC STATE COLLEGE

Sta. Maria, Main-Campus

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Lesson 2: Republic Act of the Philippines Related to Information Technology

Republic Act No. 10844

Republic Act No. 10844, otherwise known as the “Department of Information and
Communications Technology Act of 2015”, which was signed into law on 23 May 2016.

In accordance to the law, the Department of Information and Communications

Technology (DICT) 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 DICT shall strengthen its efforts on the following focus areas:

 Policy and Planning

 Improved Public Access
 Resource-Sharing and Capacity-Building
 Consumer Protection and Industry Development

Apart from this, the DICT is expected to spearhead the following endeavors:

 Nation building Through ICT

 Safeguarding of Information
 Advancement of ICT in the Philippines

Aligning with the current administration’s ICT Agenda, the DICT will prioritize the
following:

 Development of a National Broadband Plan to accelerate the deployment of fiber

optic cables and wireless technologies to improve internet speed
 Provision of Wi-Fi access at no charge in selected public places including parks,
plazas, public libraries, schools, government hospitals, train stations, airports,
and seaports
 Development of a National ICT Portal
Republic Act No. 10173
The Philippines Data Privacy Act (RA 10173) was enacted in 2012 but the
Implementing Rules and Regulations (IRR) were only issued in 2016 and became
enforceable on September 9, 2016.

The National Privacy Commission (NPC) is a body that is mandated to administer and
implement this law. The functions of the NPC include rule-making, advisory, public
education, compliance and monitoring, investigations and complaints, and enforcement.
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Sta. Maria, Main-Campus

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In general, the Philippines Data Privacy Act (RA 10173) applies to the processing of
personal data by any natural or juridical person in the government or private sector. The
Philippines Data Privacy Act (RA 10173) would apply to an act done or practice
engaged in and outside of the Philippines in the instances described below.

1. The natural or juridical person involved in the processing of personal data is

found or established in the Philippines.
2. The Philippines Data Privacy Act (RA 10173) would affect an entity if the
processing of personal data is done or engaged by an entity with links to the
Philippines. This can include, among others, organizations that have equipment
located in the Philippines that is used to process personal data or entities who
have branches or subsidiaries, affiliates and even affiliates in the country which
has access to that personal data.
3. If the processing of personal data is done in the Philippines.
4. If the processing relates to personal data about a Philippine citizen or Philippine
resident.

Republic Act No. 10175

The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175,
is a law in the Philippines 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.

The Act, divided into 31 sections split across eight chapters, criminalizes several types
of offense, including illegal access (hacking), data interference, device misuse,
cybersquatting, computer-related offenses such as computer fraud, content-related
offenses such as cybersex and spam, and other offenses. The law also reaffirms
existing laws against child pornography, an offense under Republic Act No. 9775 (the
Anti-Child Pornography Act of 2009), and libel, an offense under Section 355 of the
Revised Penal Code of the Philippines, also criminalizing them when committed using a
computer system. Finally, the Act includes a "catch-all" clause, making all offenses
currently punishable under the Revised Penal Code also punishable under the Act when
committed using a computer, with severer penalties than provided by the Revised Penal
Code alone.

The Act has universal jurisdiction: its provisions apply to all Filipino nationals regardless
of the place of commission. Jurisdiction also lies when a punishable act is either
committed within the Philippines, whether the erring device is wholly or partly situated in
the Philippines, or whether damage was done to any natural or juridical person who at
the time of commission was within the Philippines. Regional Trial Courts shall have
jurisdiction over cases involving violations of the Act.
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Sta. Maria, Main-Campus

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Republic Act No. 8792
On 14 June 2000, President Joseph E. Estrada signed into law R.A. 8792 "An Act
Providing for the Recognition and Use of Electronic Commercial and Non-Commercial
Transactions, Penalties For Unlawful Use Thereof, And Other Purposes, also known as
the "Electronic Commerce Act".

In its Declaration of Policy (Section 2), it is declared that "The State recognizes the vital
role of information and communications technology (ICT) in nation building. The
Objective and Sphere of Application of the new law are as hereunder stated:

Sec. 3. Objective - This 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
data messages or electronic documents related to such activities and to promote the
universal use of electronic transactions in the government and by the general public.

Sec. 4. Sphere of Application - This Act shall apply to any kind of electronic data
message and electronic document used in the context of commercial and non-
commercial activities to include domestic and international dealings, transactions,
arrangements, agreements, contracts and exchanges and storage of information.

The new law defines in Section 5 thereof what constitutes "electronic data message",
"electronic signature" and "electronic document", as follows:

c) "Electronic data message" refers to information generated, sent, received or stored

by electronic, optical or similar means.

e) "Electronic signature" refers to any distinctive mark, characteristic and/or sound in

electronic form, representing the identity of a person and attached to or logically
associated with the electronic data message or electronic document or any
methodology or procedures employed or adopted by a person and executed or adopted
by such person with the intention of authenticating or approving an electronic data
message or electronic document.

f) "Electronic document" refers to information or the representation of information, data,

figures, symbols or other modes of written expression, described or however
represented, by which a right is established or an obligation extinguished, or by which a
fact may be proved and affirmed, which is received, recorded, transmitted, stored,
processed, retrieved or produced electronically.
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Republic Act no. 8293

An Act prescribing the Intellectual Property Code and Establishing the Intellectual
Property Office, Providing for Its Powers and Functions, and for Other Purposes
otherwise known as the Intellectual Property Code of the Philippines.

Intellectual property (IP) refers to any creation or product of the human mind or intellect.
It can be an invention, an original design, a practical application of a good idea, a mark
of ownership such as trademark, literary and artistic works, among other things. The
term intellectual property rights consists of (1) copyrights and related rights; (2)
trademarks and service marks; (3) geographic indications; (4) industrial designs; (5)
patents; (6) layout-designs (topographies) of integrated circuits; and (7) protection of
undisclosed information (IPOPHL, 2013).

Intellectual creations are deemed necessary for a successful business since IPs allow
the recognition and control over the commercialization of a creation or invention. An
effective IP system is vital to ensure the development of domestic and creative activity,
to facilitate the transfer of technology, to attract foreign investment and to ensure market
access for products.

The Intellectual Property Office of the Philippines or the IPOPHL was created by virtue
of Republic Act (R.A.) No. 8293. The law, otherwise known as the IP Code of the
Philippines, was signed by President Fidel V. Ramos on June 6, 1997, and took effect
on January 1, 1998. The IPOPHL, one of offices under the Office of the Secretary
(OSEC) of the DTI, leads the implementation of state policies (i.e. registration and
conflict resolution) on IP.
Coverage of the IP Code
The important provisions of the IP Code of the Philippines include among others (1)
laws on patents, (2) laws on trademarks, service marks and trade names, and (3) laws
on copyright.

The IP Code define patentable as any technical solution of a problem in any field of
human activity which is new, involves an inventive step and is industrially applicable. It
may include or relate to a product, a process, or an improvement of any of the
foregoing. The right to a patent belongs to the inventor, his heirs, or assigns. When two
or more persons have jointly made an invention, the right to patent shall belong to them
jointly. The 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 trademark is a tool used to differentiate goods and services from each other. The
certificate of registration shall remain in force for ten (10) years and may be renewed for
periods of ten years at its expiration upon payment of the prescribed fee and upon filing
of a request.
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Copyright is the legal protection extended to the owner of the rights in an original work,
which may refer to every production in the literary, scientific, and artistic domain. Among
the literary and artistic works enumerated in the IP Code are books, and other writings,
musical works, films, paintings and other works, and computer programs (IPOPHL,
2013).