PhilCST

PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice

OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

MODULE 2: CYBERCRIME OFFENSES

Lesson 2.2: Related Laws to Cybercrimes

Learning Objectives:
At the end of the lesson, the student should be able to:
1. Discuss prohibited acts as defined by various laws related to cybercrimes.

Concept/Discussion:

Cybercrime, also called computer crime, the use of a computer as an instrument

to further illegal ends, such as committing fraud, trafficking in child pornography and
intellectual property, stealing identities, or violating privacy. Cybercrime, especially
through the Internet, has grown in importance as the computer has become central to
commerce, entertainment, and government.

New technologies create new criminal opportunities but few new types of crime.
What distinguishes cybercrime from traditional criminal activity? Obviously, one
difference is the use of the digital computer, but technology alone is insufficient for any
distinction that might exist between different realms of criminal activity.

Most cybercrime is an attack on information about individuals, corporations, or

governments. Although the attacks do not take place on a physical body, they do take
place on the personal or corporate virtual body, which is the set of informational
attributes that define people and institutions on the Internet. In other words, in the digital
age our virtual identities are essential elements of everyday life: we are a bundle of
numbers and identifiers in multiple computer databases owned by governments and
corporations. Cybercrime highlights the centrality of networked computers in our lives,
as well as the fragility of such seemingly solid facts as individual identity.

An important aspect of cybercrime is its nonlocal character: actions can occur in

jurisdictions separated by vast distances. This poses severe problems for law enforcement
since previously local or even national crimes now require international cooperation.
Cyberspace is simply a richer version of the space where a telephone conversation takes
place, somewhere between the two people having the conversation. As a planet-spanning
network, the Internet offers criminals multiple hiding places in the real world as well as
in the network itself. However, just as individuals walking on the ground leave marks that
a skilled tracker can follow, cybercriminals leave clues as to their identity and location,
despite their best efforts to cover their tracks. In order to follow such clues across national
boundaries, though, international cybercrime treaties must be ratified.
 PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

RA No. 10173 or the Data Privacy Act of 2012

In 2012, the Philippines passed Republic Act No. 10173 or the Data Privacy Act of
2012 (DPA) “to protect the fundamental human right to privacy of communication while
ensuring free flow of information to promote innovation and growth [and] the [State’s]
inherent obligation to ensure that personal information in information and
communications systems in government and in the private sector are secured and
protected”.

The DPA was passed in accordance with the Philippines agreements under ASEAN
Vision 2020 and at the urging of the growing business process outsourcing industry. The
law was modeled after the Data Protection Directive (95/46/EC) with many of its
terminologies and provisions similar to privacy laws in other jurisdictions.

What acts are covered by the DPA?

The DPA and its Implementing Rules and Regulations (IRR) apply to all acts done or
practices engaged in and outside of the Philippines if:
• If the person, either an individual or an institution, involved in the processing of
personal data is located in the Philippines;
• The act or practice involves personal data of a Philippine citizen or Philippine
resident;
• The processing of personal data is done in the Philippines; or
• The act, practice or processing of personal data is done by an entity with links to
the Philippines, subject to international law and comity.

“Personal data” refers to all types of personal information.

“Processing” is any operation/s performed upon personal data. These operations include,
but are not limited to the collection, recording, organization, storage, updating or
modification, retrieval, consultation, use, consolidation, blocking, erasure, or destruction
of data.

Who implements the DPA?

The National Privacy Commission (NPC) is in charge of administering and
implementing the DPA. It is also tasked to monitor and ensure compliance of the
Philippines with international standards for personal data protection.

“Personal information controller” is an individual or institution, or any other body who

controls the processing of personal data, or instructs another to process personal data on
its behalf.
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PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

How to comply with the Data Privacy Act?

If you are a personal information controller, you are required to comply with the following
in accordance with the law:

1. Registration of data processing systems (DPS). An individual or institution

employing fewer than 250 employees need not register unless its data processing
operations:

a. involves sensitive personal information of at least 1,000 individuals; likely

to pose a risk to the rights and freedoms of data subjects; or the processing
is not occasional.

2. Notification of automated processing operations where the processing becomes

the sole basis of making decisions about a data subject and when the decisions
would significantly affect the data subject. A “data subject” is an individual whose
personal, sensitive personal or privileged information is process.

NOTE: No decision with legal effects concerning a data subject shall

be made solely on the basis of automated processing without the consent
of the data subject. The consent may be in written, electronic or recorded
form. It may be given by a lawful representative or agent.

3. Appointment of a Data Protection Officer in charge of ensuring compliance with

the DPA;

4. Creation of a data breach response team that will immediately address security
incidents or personal data breach;

5. Adoption of data protection policies that provide for data security measures and
security incident management;

6. Annual report of the summary of documented security incidents and personal

data breaches; and

7. Compliance with other requirements as may be provided by the NPC.

What should you do in the event of a data breach?

The law requires a data breach notification within 72 hours upon knowledge of
the breach or reasonable belief that it has occurred to the NPC and the data subject. The
notification is generally required when the breach involves sensitive personal information
or any other information that may be used to enable identity fraud; this information has
been acquired by an unauthorized person; and the acquisition is likely to give rise to a real
risk of serious harm to the affected data subject.
 PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

The NPC may investigate the breach, depending on its nature or if there is a delay or
failure to notify. Inquiries may include on-site examination of systems and procedures.

The Philippines has a relatively young data privacy regime. The Data Privacy Act , as well
as RA No. 10175 or the Cybercrime Prevention Act, was only enacted in 2012, although
some countries passed data protection laws as early as the 70s. The Philippines’
regulatory body NPC was formally organized only in 2016, which issued IRRs and circulars
in the same year. Nevertheless, the country is on its way to developing a stable framework
of privacy protection as technological innovations liberalize information sharing.

Access Device Regulation Act of 1998

An Act Regulating The Issuance And Use Of Access Devices, Prohibiting Fraudulent Acts
Committed Relative Thereto, Providing Penalties And For Other Purposes

Access Device – means any card, plate, code,

account number, electronic serial number,
personal identification number, or other
telecommunications service, equipment, or
instrumental identifier, or other means of account
access that can be used to obtain money, good,
services, or any other thing of value or to initiate a
transfer of funds (other than a transfer originated
solely by paper instrument);

Section 9. Prohibited Acts. – The following acts shall constitute access device fraud and are hereby
declared to be unlawful:
(a) producing, using, trafficking in one or more counterfeit access devices;
(b) trafficking in one or more unauthorized access devices or access devices fraudulently
applied for;
(c) using, with intent to defraud, an unauthorized access device;
(d) using an access device fraudulently applied for;
(e) possessing one or more counterfeit access devices or access devices fraudulently
applied for;
(f) producing, trafficking in, having control or custody of, or possessing device-making or
altering equipment without being in the business or employment, which lawfully deals with the
manufacture, issuance, or distribution of such equipment;
(g) inducing, enticing, permitting or in any manner allowing another, for consideration or
otherwise to produce, use, traffic in counterfeit access devices, unauthorized access devices or
access devices fraudulently applied for;
(h) multiple imprinting on more than one transaction record, sales slip or similar
document, thereby making it appear that the device holder has entered into a transaction other
than those which said device holder had lawfully contracted for, or submitting, without being an
affiliated merchant, an order to collect from the issuer of the access device, such extra sales slip
through an affiliated merchant who connives therewith, or, under false pretenses of being an
affiliated merchant, present for collection such sales slips, and similar documents;
 PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

(i) disclosing any information imprinted on the access device, such as, but not limited to,
the account number or name or address of the device holder, without the latter’s authority or
permission;
(j) obtaining money or anything of value through the use of an access device, with intent
to defraud or with intent to gain and fleeing thereafter;
(k) having in one’s possession, without authority from the owner of the access device or
the access device company, an access device, or any material, such as slips, carbon paper, or any
other medium, on which the access device is written, printed, embossed, or otherwise indicated;
(l) writing or causing to be written on sales slips, approval numbers from the issuer of the
access device of the fact of approval, where in fact no such approval was given, or where, if given,
what is written is deliberately different from the approval actually given;
(m) making any alteration, without the access device holder’s authority, of any amount
or other information written on the sales slip;
(n) effecting transaction, with one or more access devices issued to another person or
persons, to receive payment or any other thing of value;
(o) without the authorization of the issuer of the access device, soliciting a person for the
purpose of:
1) offering an access device; or
2) selling information regarding or an application to obtain an access device; or
(p) without the authorization of the credit card system member or its agent, causing or
arranging for another person to present to the member or its agent, for payment, one or more
evidence or records of transactions made by credit card.

ANTI-CHILD PORNOGRAPHY ACT OF 2004

RA 9775

a) To hire, employ, use, persuade, induce or coerce a

child to perform in the creation or
production of any form of child pornography;
b) To produce, direct, manufacture, or create any
form of child pornography;
c) To publish, offer, transmit, sell, distribute,
broadcast, advertise, promote, export, or
import any form of child pornography;
d) To possess any form of child pornography with the intent to sell, distribute, publish, or
broadcast: Provided, That possession of three (3) or more articles of child pornography of
the same form shall be prima facie evidence of intent to sell, distribute, publish, or
broadcast;
e) To knowingly, willfully, and intentionally provide a venue for the commission of prohibited acts
such as, but not limited to, dens, private rooms, cubicles, cinemas, houses, or in
establishments purporting to be a legitimate business;
f) For film distributors, theaters, and telecommunication companies, by themselves or in
cooperation with other entities, to distribute any form of child pornography;
g) For a parent, legal guardian, or person having custody or control of a child to knowingly permit
the child to engage, participate, or assist in any form of child pornography;
h) To engage in the luring or grooming of a child;
 PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

i) To engage in pandering of any form of child pornography;

j) To willfully access any form of child pornography;
k) To conspire to commit any of the prohibited acts stated in this Section.
Conspiracy to commit any form of child pornography shall be committed when two (2) or
more persons come to an agreement concerning the commission of any of the said
prohibited acts and decide to commit it; and
l) To possess any form of child pornography

Republic Act 9208: Anti-Trafficking in Persons Act of 2003

An Act to institute policies to eliminate trafficking in persons especially women and

children, establishing the necessary institutional mechanisms for the protection and support of
trafficked persons, providing penalties for its violations, and for other purposes.

Trafficking in Persons — refers to the recruitment, transportation, transfer or harboring, or

receipt of arsons with or without the victim’s consent or knowledge, within or across national
borders by means of threat or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of the persons, or,
the giving or receiving of payments or benefits to achieve the consent of a person having control
over another person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of organs.
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PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

Section 4. Acts of Trafficking in Persons. — It shall be unlawful for any person, natural or judicial,
to commit any of the following acts.

(a) To recruit, transport, transfer, harbor, provide, or receive a person by any means, including
those done under the pretext of domestic or overseas employment or training or apprenticeship,
for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;

(b) To introduce or match for money, profit, or material, economic or other consideration, any
person or, as provided for under Republic Act No. 6955, any Filipino women to a foreign national,
for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt
bondage;

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering,
selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor
or slavery, involuntary servitude or debt bondage;

(d) To undertake or organize tours and travel plans consisting of tourism packages or activities
for the purpose of utilizing and offering persons for prostitution, pornography or sexual
exploitation;

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud
deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said
person; and

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or
abroad.

Section 5. Acts that Promote Trafficking in Persons. — The following acts which promote or
facilitate trafficking in persons shall be unlawful:

(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment
for the purpose of promoting trafficking in persons;

(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates,
registration stickers and certificates of any government agency which issued these certificates and
stickers as proof of compliance with government regulatory and pre-departure requirements for
the purpose of promoting trafficking in persons;

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication,
printing broadcasting or distribution by any means, including the use of information technology
 PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in
persons;

(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the
acquisition of clearances and necessary exit documents from government agencies that are
mandate to provide pre-departure registration and services for departing persons for the purpose
of promoting trafficking in persons;

(e) To facilitate, assist or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in possession of
unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in
persons;

(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or
belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the
country or seeking redress from the government or appropriate agencies; and

(h) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a
person held to a condition of involuntary servitude, forced labor, or slavery.

Section 6. Qualified Trafficking in Persons. — The following are considered as qualified

trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the “Inter-
Country Adoption Act of 1995” and said adoption is for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another. It is deemed committed in large scale if committed against three
(3) or more persons, individually or as a group;

(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercise
authority over the trafficked person or when the offense is committed by a public officer or
employee;

(e) When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or
the Acquired Immune Deficiency Syndrome (AIDS).
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PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

The Anti-Photo and Video Voyeurism Act of 2009

RA 9995

The highly publicized sex videos of celebrity physician Hayden Kho with various
celebrity partners rocked Philippine society in May 2009 and was quickly shared online
and later distributed through DVD in the streets and sidewalks. In response to this,
Congress passed Republic Act 9995 (Anti-Photo and Video Voyeurism Act of 2009) to
prevent the publication and distribution of similar material in the future.[1] The law
prohibits recording videos or taking photos of a sexual act, the male or female genitalia,
and of the female breast, among others, without consent of the persons featured in the
material. The law ultimately seeks to prevent the reproduction, distribution, and
publication of said material regardless of whether or not the persons featured consented
to the recording.

Prohibited Acts

• The unconsented taking of a photo or video of a person or group of persons

engaged in a sexual act or any similar activity, or capturing an image of the private
area of a person, under circumstances in which the said person has a reasonable
expectation of privacy;
• The copying or reproduction of such photo or video recording of the sexual act;
• The selling or distribution of such photo or video recording;
• The publication or broadcasting, whether in print or broadcast media, or the
showing of such sexual act or any similar activity through VCD/DVD, the internet,
cellular phones, and other similar means or devices without the written consent
of the persons featured.
• Prohibitions numbered 2, 3, and 4 will still apply even if the person or persons
featured in the photo or video consented to the taking of the photo or recording
of the sexual act.

Important Questions

What does the “private area of a person” include?

The “private area of a person” includes naked or undergarment-clad genitals,
pubic area, buttocks, or the female breast.

What does it mean to have a reasonable expectation of privacy?

R.A. 9995 contemplates two situations where a person can have a reasonable
expectation of privacy:
• When the person believes that one could undress in privacy without being
concerned that an image of him or her is being taken; and,
• When a reasonable person would believe that one’s private area would not be
visible regardless of whether the person is in a public or private place.
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PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

Will one be liable for the non-commercial copying or reproduction of said photo or
video?
Yes. The mere copying or reproduction of said material will make one liable under
the law regardless of the reason or whether one profits or not from such act. Indeed, the
mere showing of the material on one’s cellphone would violate the law.

The persons in the photo knew and consented to the video recording or taking of the
photo; can I reproduce, distribute, or broadcast it?
If the person or persons in the photo or video gave written consent for the
reproduction, distribution, or broadcasting of said material, then one will not be held
liable under the Anti-Photo and Video Voyeurism Act. However, if the person merely
consented to the taking of the photo or the video recording and did not give written
consent for its reproduction, distribution, and broadcasting, then anyone committing the
said acts shall be held liable under R.A. 9995.

Electronic Commerce Act (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."

Illegal Activities / Penalties

To protect internet users, consumers and owners of computer systems / servers
and copyright owners, the new law defines what constitutes illegal activities and provides
penalties thereof. Thus:

• Hacking or cracking which refers to unauthorized access into or interference in a

computer system/server or information and communication system; or any access
in order to corrupt, alter, steal, or destroy using a computer or other similar
information and communication devices, without the knowledge and consent of
the owner of the computer or information and communications system, including
the introduction of computer viruses and the like, resulting in the corruption,
destruction, alteration, theft or loss of electronic data messages or electronic
documents shall be punished by a minimum fine of One Hundred Thousand Pesos
(P100,000.00) and a maximum commensurate to the damage incurred and a
mandatory imprisonment of six (6) months to three (3) years;

• Piracy or the unauthorized copying, reproduction, dissemination, distribution,

importation, use, removal, alteration, substitution, modification, storage,
uploading, downloading, communication, making available to the public, or
broadcasting of protected material, electronic signature or copyrighted works
including legally protected sound recording or phonograms or information
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PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

material on protected works, through the use of telecommunication networks,

such as, but not limited to, the internet, in a manner that infringes intellectual
property rights shall be punished by a minimum fine of One Hundred Thousand
Pesos (P100,000.00) and a maximum commensurate to the damage incurred and
a mandatory imprisonment of six (6) months to three (3) years;

• Violation of the Consumer Act or Republic Act No. 7394 and other relevant or
pertinent laws through transactions covered by or using electronic data messages
or electronic documents, shall be penalized with the same penalties as provided
in those laws;

• Other violations of the provisions of this Act, shall be penalized with a maximum
penalty of One Million Pesos (P1,000,000.00) or six (6) years imprisonment.

A.M. NO. 01-7-01-SC.- RE: RULES ON ELECTRONIC EVIDENCE

Acting on the Memorandum dated 18 June 2001 of the Committee on the Revision
of the Rules of Court to Draft the rules on E-Commerce Law [R.A. No. 8792] submitting
the Rules on Electronic Evidence for this Court’s consideration and approval, the Court
Resolved to APPROVED the same.

ELECTRONIC DOCUMENTS
• Electronic documents as functional equivalent of paper-based documents. –
Whenever a rule of evidence refers to the term of writing, document, record,
instrument, memorandum or any other form of writing, such term shall be
deemed to include an electronic document as defined in these Rules.
• An electronic document is admissible in evidence if it complies with the rules on
admissibility prescribed by the Rules of Court and related laws and is
authenticated in the manner prescribed by these Rules.
• The confidential character of a privileged communications is not solely on the
ground that it is in the form of an electronic document.

BEST EVIDENCE RULE

o Original of an electronic document. – An electronic document shall be regarded
as the equivalent of an original document under the Best Evidence Rule if it is a
printout or output readable by sight or other means, shown to reflect the data
accurately.
o Copies as equivalent of the originals. – When a document is in two or more copies
executed at or about the same time with identical contents, or is a counterpart
produced by the same impression as the original, or from the same matrix, or by
mechanical or electronic re-recording, or by chemical reproduction, or by other
equivalent techniques which is accurately reproduces the original, such copies or
 PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

duplicates shall be regarded as the equivalent of the original. Notwithstanding the

foregoing, copies or duplicates shall not be admissible to the same extent as the
original if:
o a genuine question is raised as to the authenticity of the original; or
o in the circumstances it would be unjust or inequitable to admit a copy in
lieu of the original.

ELECTRONIC SIGNATURES
Electronic signature. – An electronic signature or a digital signature authenticate din the
manner prescribed hereunder is admissible in evidence as the functional equivalent of
the signature of a person on a written document.

Disputable presumptions relation to electronic signature. – Upon the

authentication of an electronic signature, it shall be presumed that:

o The electronic signature is that of the person to whom it correlates;

o The electronic signature was affixed by that person with the intention of
authenticating or approving the electronic document to which it is
related or to indicate such person’s consent to the transaction embodied
therein; and
o The methods or processes utilized to affix or verity the electronic
signature operated without error or fault.

EVIDENTIARY WEIGHT OF ELECTRONIC DOCUMENTS

Section 1. Factors for assessing evidentiary weight. – In assessing the evidentiary weight
of an electronic document, the following factors may be considered:

o The reliability of the manner or method in which it was generated, stored

or communicated, including but not limited to input and output
procedures, controls, tests and checks for accuracy and reliability of the
electronic data message or document, in the light of all the circumstances
as well as any relevant agreement;

o The reliability of the manner in which its originator was identified;

o The integrity of the information and communication system in which it is

recorded or stored, including but not limited to the hardware and
computer programs or software used as well as programming errors;

o The familiarity of the witness or the person who made the entry with the
communication and information system;
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PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

o The nature and quality of the information which went into the
communication and information system upon which the electronic data
message or electronic document was based; or

o Other factors which the court may consider as affecting the accuracy or
integrity of the electronic document or electronic data message.

AUDIO, PHOTOGRAPHIC. VIDEO AND EPHEMERAL EVIDENCE

o Audio, video and similar evidence. – Audio, photographic and video evidence of
events, acts or transactions shall be admissible provided is shall be shown,
presented or displayed to the court and shall be identified, explained or
authenticated by the person who made the recording or by some other person
competent to testify on the accuracy thereof.
o Ephemeral electronic communication. – Ephemeral electronic communications
shall be proven by the testimony of a person who was a party to the same or has
personal knowledge thereof. In the absence or unavailability of such witnesses,
other competent evidence may be admitted. A recording of the telephone
conversation or ephemeral electronic communication shall be covered by the
immediately preceding section. If the foregoing communications are recorded or
embodied in an electronic document, then the provisions of Rule 5 shall apply.

REPUBLIC ACT No. 4200

AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS
OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES.

It shall be unlawful for any person, not being authorized by all the parties to any
private communication or spoken word, to:
o tap any wire or cable, or by using any other device or arrangement,
o to secretly overhear, intercept, or record such communication or spoken
word by using a device commonly known as a dictaphone or dictagraph or
dictaphone or walkie-talkie or tape recorder
o to knowingly possess any tape record, wire record, disc record, or any
other such record, or copies thereof, of any communication or spoken
word secured either before or after the effective date of this Act in the
manner prohibited by this law;
o to replay the same for any other person or persons; or to communicate the
contents thereof, either verbally or in writing, or to furnish transcriptions
thereof, whether complete or partial, to any other person
o Provided, That the use of such record or any copies thereof as
evidence in any civil, criminal investigation or trial of offenses
mentioned in section 3 hereof, shall not be covered by this
prohibition.
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PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

Nothing contained in this Act, however, shall render it unlawful or punishable for
any peace officer, who is authorized by a written order of the Court, to execute any of the
acts declared to be unlawful in the two preceding sections in cases involving:
o treason,
o espionage,
o provoking war and disloyalty in case of war,
o piracy,
o mutiny in the high seas,
o rebellion,
o conspiracy and proposal to commit rebellion,
o inciting to rebellion,
o sedition,
o conspiracy to commit sedition,
o inciting to sedition,
o kidnapping as defined by the Revised Penal Code,
o violations of Commonwealth Act No. 616, punishing espionage and other
offenses against national security:

Provided, That such written order shall only be issued or granted upon written
application and the examination under oath or affirmation of the applicant and the
witnesses he may produce and a showing:
(1) that there are reasonable grounds to believe that any of the crimes
enumerated hereinabove has been committed or is being committed or is about to be
committed: Provided, however, That in cases involving the offenses of rebellion,
conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to
commit sedition, and inciting to sedition, such authority shall be granted only upon prior
proof that a rebellion or acts of sedition, as the case may be, have actually been or are
being committed;
(2) that there are reasonable grounds to believe that evidence will be obtained
essential to the conviction of any person for, or to the solution of, or to the prevention
of, any of such crimes; and
(3) that there are no other means readily available for obtaining such evidence.

The order granted or issued shall specify:

(1) the identity of the person or persons whose communications, conversations,
discussions, or spoken words are to be overheard, intercepted, or recorded and, in the
case of telegraphic or telephonic communications, the telegraph line or the telephone
number involved and its location;
(2) the identity of the peace officer authorized to overhear, intercept, or record the
communications, conversations, discussions, or spoken words;
(3) the offense or offenses committed or sought to be prevented; and
(4) the period of the authorization. The authorization shall be effective for the period
specified in the order which shall not exceed sixty (60) days from the date of issuance of
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PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

the order, unless extended or renewed by the court upon being satisfied that such
extension or renewal is in the public interest.

All recordings made under court authorization shall, within forty-eight hours after
the expiration of the period fixed in the order, be deposited with the court in a sealed
envelope or sealed package, and shall be accompanied by an affidavit of the peace officer
granted such authority stating the number of recordings made, the dates and times
covered by each recording, the number of tapes, discs, or records included in the deposit,
and certifying that no duplicates or copies of the whole or any part thereof have been
made, or if made, that all such duplicates or copies are included in the envelope or
package deposited with the court. The envelope or package so deposited shall not be
opened, or the recordings replayed, or used in evidence, or their contents revealed,
except upon order of the court, which shall not be granted except upon motion, with due
notice and opportunity to be heard to the person or persons whose conversation or
communications have been recorded.

Any communication or spoken word, or the existence, contents, substance,

purport, effect, or meaning of the same or any part thereof, or any information therein
contained obtained or secured by any person in violation of the preceding sections of this
Act shall not be admissible in evidence in any judicial, quasi-judicial, legislative or
administrative hearing or investigation.

REPUBLIC ACT NO. 10627

AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES
TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS

Acts of Bullying
"bullying" shall refer to any severe or
repeated use by one or more students of a
written, verbal or electronic expression, or a
physical act or gesture, or any combination
thereof, directed at another student that has the
effect of actually causing or placing the latter in
reasonable fear of physical or emotional harm or
damage to his property; creating a hostile
environment at school for the other student;
infringing on the rights of the other student at
school; or materially and substantially disrupting
the education process or the orderly operation of a school; such as, but not limited to,
the following:
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PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

a. Any unwanted physical contact between the bully and the victim like punching,
pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing,
fighting and the use of available objects as weapons;

b. Any act that causes damage to a victim’s psyche and/or emotional well-being;

c. Any slanderous statement or accusation that causes the victim undue emotional
distress like directing foul language or profanity at the target, name-calling, tormenting
and commenting negatively on victim’s looks, clothes and body; and

d. Cyber-bullying or any bullying done through the use of technology or any electronic
means.

REPUBLIC ACT NO. 10175

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION,
SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES
"Cybercrime Prevention Act of 2012″.

Cybercrime Offenses

Offenses against the confidentiality, integrity and availability of computer data and
systems:

(1) Illegal Access. – The access to the whole or any part of a computer system without
right.

(2) 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.

(3) 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.

(4) 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.
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PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

(5) Misuse of Devices.

(i) The use, production, sale, procurement, importation, distribution, or otherwise making
available, without right, of:

(aa) A device, including a computer program, designed or adapted primarily for the
purpose of committing any of the offenses under this Act; or

(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.

(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to
profit, mislead, destroy reputation, and deprive others from registering the same, if such
a domain name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration:

(ii) Identical or in any way similar with the name of a person other than the registrant, in
case of a personal name; and

(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

(i) The input, alteration, or deletion of any computer data without right resulting in
inauthentic data with the intent that it be considered or acted upon for legal 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.

(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of

computer data or program or interference in the functioning of a computer system,
causing damage thereby with fraudulent intent: Provided, That if no
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PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

damage has yet been caused, the penalty imposable shall be one (1) degree lower.

(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.

(c) Content-related Offenses:

(1) Cybersex. — The willful 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.

(2) 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. 9775.1âwphi1

(3) Unsolicited Commercial Communications. — The transmission of commercial

electronic communication with the use of computer system which seek to advertise, sell,
or offer for sale products and services are prohibited 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.
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PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised
Penal Code, as amended, committed through a computer system or any other similar
means which may be devised in the future.

Section 5. Other Offenses. — The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets
or aids in the commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to
commit any of the offenses enumerated in this Act shall be held liable.
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PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

Learning Sources:

https://www.toppr.com/guides/computer-aptitude-and-knowledge/basics-of-
computers/hardware-and-software/

https://www.idtech.com/blog/parts-of-a-computer