COLLEGE OF EDUCATION

TECHNOLOGY IN TEACHING AND LEARNING 1

Period Covered: Week 1 – 5

(Preliminary Term)

Prepared by:

Vivian B. Titular
Professor

Approved by:

Jerrylyn B. Magbuo
Program Chair, College of education

TECHOLOGY IN TEACHING AND LEARNING 1

 LESSON 2

Information and Communication Technology Policies

(Anti-Cybercrime Law in the Philippines)
Credits: Dr. Raymund Baesa

Suggested Timeframe: 2 WEEKS

Topics

At the end of the lesson, you should be able to demonstrate your

knowledge and skills in identifying the rule of law in cyberspace and
classify cybercrime related laws in the Philippines. You are considered
successful in this culminating performance task if you have satisfied at
least the following indicators of success:

1. Legal framework of Cybercrime Prevention Act of 2012

2. Cybercrime laws and cybercrime related cases in the Philippines

LEARNING OBJECTIVES

In this lesson, you are expected to:

 identify the legal framework of Cybercrime Prevention Act of 2012; and

 classify cybercrime policies and related laws in the Philippines.

ATTRACT (Engage)

There are opposing views regarding the value of CCTV to our present
day lives. Can its use really combat crime?

According to a study, CCTV cameras are very successful at preventing crimes against
people and property because they can record scenes that can be used to identify the
perpetrators of reported theft and robbery occurrences.

Is its use just an invasion on people’s lives and their right to privacy?
In accordance with Article 12 of the 1948 United Nations Declaration of Human Rights
(UDHR), "No one shall be the subject of arbitrary interference with his family, home, or
correspondence, nor to attacks upon his honor and character." Everyone is entitled to
legal protection from such intrusions and assaults.

Since the passage of Republic Act No. 10175, the Philippines has taken difficult steps in
strengthening its capability to implement and enforce the law in order to fight cybercrime
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 in the country. The Philippines has been regarded as a haven of crime committed online
for many years while other countries have developed cyber-warfare. It has only begun its
stand when the country received recognition in 2000 as the source of “LOVE BUG” or
the “I love you” virus. It has been 19 years since the virus bolstered the insufficiency of
the government’s policies on cybercrime suppression, investigation and prosecution
when the author of the virus was released from jail and no case was filed against him for
lack of legislation defining the act as a crime and imposing penalty for such commission.

There are around 177 Internet Service Providers (ISPs) in the country today with the
major providers offering services at an average rate of P25.00 per hour. Digital
subscriber line (DSL), wireless and fixed broadband, cable, satellite Internet facilities are
now being offered to the public making access to the internet easily serviceable. The
number of Philippine Internet users’ range to 33.6 million (PNP Cybersecurity, Research
and Analysis Division Report, 2012). Contributing heavily to its growth are Internet cafes
that allow Filipinos who do not own computers to gain access to the facility at an
affordable price. An increasing number of schools and small and medium enterprises
(SMEs) accessing the Internet contributed to this growth as well.

On 12 September 2012, the Philippine Congress enacted the Cybercrime Prevention Act
to govern crimes committed in the cyberspace. The new law specifies several new acts
of cybercrime. Among those prohibited under the law are cybersex, online child
pornography, illegal access to computer systems or hacking, online identity theft, and
spamming. It increases the penalty for computer-related crimes. However, the law could
not take its course in attaining its aim due to the indefinite restraining order issued by the
Supreme Court for its implementation until the petitions challenging constitutionality of
the law were resolved last February 2014 (Philippines 2014-2015 Cybercrime Report,
2015).

LEGAL FRAMEWORK OF CYBERCRIME PREVENTION ACT OF 2012

[Republic Act No. 10175] an act defining cybercrime, providing for the prevention,
investigation, suppression and the imposition of penalties therefor and for other
purposes

Declaration of Policy. The State recognizes the vital role of information and
communications industries such as content production, telecommunications,
broadcasting electronic commerce, and data processing, in the nation’s overall social
and economic development. The State also recognizes the importance of providing an
environment conducive to the development, acceleration, and rational application and
exploitation of information and communications technology (ICT) to attain free, easy, and
intelligible access to exchange and/or delivery of information; and the need to protect
and safeguard the integrity of computer, computer and communications systems,
networks, and databases, and the confidentiality, integrity, and availability of information
and data stored therein, from all forms of misuse, abuse, and illegal access by making
punishable under the law such conduct or conducts. In this light, the State shall adopt
sufficient powers to effectively prevent and combat such offenses by facilitating their
detection, investigation, and prosecution at both the domestic and international levels,
and by providing arrangements for fast and reliable international cooperation.

TECHOLOGY IN TEACHING AND LEARNING 1

 To download the complete details and information of the law, follow this link:
https://www.officialgazette.gov.ph/2012/09/12/republic-act-no-10175/

The Creation of the Office of the Cybercrime Division

Section 23 of Republic Act (R.A.) No. 10175 or the Cybercrime Prevention Act of 2012
provides for the creation of an Office of Cybercrime (OOC) within the Department of
Justice (DOJ) and is designated as the central authority in all matters related to
international mutual assistance and extradition for cybercrime matters (Section 23, R.A.
10175).
In this regard, to ensure that the technical nature of cybercrime and its prevention is
given focus, Section 11 of R.A. No. 10175 specifically mandates the National Bureau of
Investigation – Cybercrime Division and the Philippine National Police – Anti-Cybercrime
Group (ACG) to submit timely and regular reports including pre-operation, post-
operation, and investigation results and such other documents as may be required, to
the DOJ-OOC for monitoring and review (Section 11, R.A. 10175).

From January to December of 2014, the Philippine National Police (PNP) – Anti-
Cybercrime Group (ACG) recorded six hundred fourteen (614) cybercrime incidents,
compared to 2013 where there were only two-hundred and eighty-eight (288) incidents

(Philippines 2014-2015 Cybercrime Report, 2015).

CYBERCRIME 203 VERSUS 2014

Source: Philippines 2014-2015 Cybercrime Report (2015)

TECHOLOGY IN TEACHING AND LEARNING 1

 DISTRIBUTION OF CYBERCRIME FOR THE YEAR 2014

Source: Philippines 2014-2015 Cybercrime Report (2015)

RESEARCH (Explore)

Again, since reading, viewing, or exploring the internet need time from
you, they should be done outside the class time. Your class time should
then be reserved to clarifying your confusions with your teacher. You
should also find this as a time to get to interact with your classmates on what they have
understood and probably found out different from what you have discovered yourself
from your own exploration of the lesson.

Republic Act No. 10175

[Watch this Video] Cybercrime

Prevention Act of 2012

Source:
https://www.youtube.com/watch?
v=NH4UCKfGS3M&t=21s

TECHOLOGY IN TEACHING AND LEARNING 1

 Let’s react on the video clip: What is your insight about the Philippine Cybercrime
Law?
Cybercrime law establishes socio-legal penalties for cybercrime, specifies standards of
appropriate behavior for ICT users, protects ICT users in general and mitigates or
prevents harm to people, data, systems, services, and infrastructure in particular,
upholds human rights, enables the investigation and prosecution of crimes committed
online (outside of conventional real-world settings), and encourages cooperation
between law enforcement agencies (UNODC, 2013, p. 52). For the use of computers,
the Internet, and other associated digital technologies as well as for the actions of the
general public, governments, and private enterprises, cybercrime legislation prescribes
rules of conduct and behavior. Additionally, it defines guidelines for criminal procedure,
evidence, and other areas of cyber justice, and it controls to reduce the danger of
cybercrime and/or diminish the harm it may cause to individuals, groups, and
infrastructure. Therefore, cybercrime is subject to substantive, procedural, and
preventive law.

IMPLANT (Explain)

CYBERCRIME AND PHILIPPINE RELATED LAWS

RA 9995 – Anti-Photo and Voyeurism Act of 2009

Declaration of Policy. The State values the dignity and privacy of every human person
and guarantees full respect for human rights. Toward this end, the State shall penalize
acts that would destroy the honor, dignity and integrity of a person.

RA 9775 – Anti-Child Pornography Act of 2009

Declaration of Policy. The State recognizes the vital role of the youth in nation building
and shall promote and protect their physical, moral, spiritual, intellectual, emotional,
psychological and social well-being. Towards this end, the State shall: (a) guarantee the
fundamental rights of every child from all forms of neglect, cruelty and other conditions
prejudicial to his/her development; (b) protect every child from all forms of exploitation
and abuse including, but not limited to: the use of a child in pornographic performances
and materials; and the inducement or coercion of a child to engage or be involved in
pornography through whatever means; and (c) comply with international treaties to
which the Philippines is a signatory or a State party concerning the rights of children
which include, but not limited to, the Convention on the Rights of the Child, the Optional
Protocol to the Convention on the Rights of the Child of the Child on the Sale of
Children, Child Prostitution and Child Pornography, the International Labor Organization
(ILO) Convention No.182 on the Elimination of the Worst Forms of Child Labor and the
Convention Against Transnational Organized Crime.

TECHOLOGY IN TEACHING AND LEARNING 1

 RA 8792 – E-Commerce Act of 2000

Declaration of Policy. The State recognizes the vital role of information and
communications technology (ICT) in nation-building; the need to create an information -
friendly environment which supports and ensures the availability, diversity and
affordability of ICT products and services; the primary responsibility of the private sector
in contributing investments and services in telecommunications and information
technology; the need to develop, with appropriate training programs and institutional
policy changes, human resources for the information technology age, a labor force
skilled in the use of ICT and a population capable of operating and utilizing electronic
appliances and computers; its obligation to facilitate the transfer and promotion of
adaptation technology, to ensure network security, connectivity and neutrality of
technology for the national benefit; and the need to marshal, organize and deploy
national information infrastructures, comprising in both telecommunications network and
strategic information services, including their interconnection to the global information
networks, with the necessary and appropriate legal, financial, diplomatic and technical
framework, systems and facilities.

RA 8484 – Access Devices Regulation Act of 1998

Declaration of Policy. The State recognizes the recent advances in technology and the
widespread use of access devices in commercial transactions. Toward this end, the
State shall protect the rights and define the liabilities of parties in such commercial
transactions by regulating the issuance and use of access devices.

For a complete summary of the Philippine Laws and Jurisprudence Databank, visit the
link https://lawphil.net/statutes/repacts/repacts.html

This website was a legal web site project of Arellano Law Foundation through its
Information Technology Center. Realizing the essence of making the law accessible and
understandable not only to the legal community but to all sectors of society, Arellano
Law Foundation has embarked to digitize and make available through the internet all
Philippine laws, statutes, jurisprudence, presidential decrees, issuances, executive
orders, administrative orders, and other legal materials.

SET OUT (Elaborate)

A. Help solve the cases below by answering the given questions:

CASE ANALYSIS

Many view the use of closed-circuit television or CCTV as just an invasion of

people’s privacy. As more and more sophisticated technology develop, it is
getting harder for anyone to track if there is a CCTV in a premise at any given
time. Regular people who are not even crime suspects have their every move
recorded in these cameras while doing daily ordinary work, commuting in public,
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 eating at a diner, or even while grocery shopping. A family with a next door
neighbor with installed home CCTV may capture the family’s property by the
position of such CCTV.

There seems to be that there is nowhere that a person can go without being
watched by the cameras installed on the streets, in the malls and stores and
even walkways and roads.

In schools, some CCTV cameras have been installed without proper consent
from the parents. Some parents take note of their children’s right to privacy.

The other view on this notes that after weighing the pros and cons of CCTV
installation, the advantages outweigh the negative consequences of such CCTV
installation. To them, not only can such cameras infringe on people’s privacy, but
they also help a great deal on missing persons’ cases and on business
opportunities when they are used to predict foot traffic and the feasibility of
setting up a business in a local area.

QUESTIONS:
1. What are the ethical issues presented in the case? Explain.
it is becoming more difficult for anyone to determine whether a CCTV is there at any
particular time in a building. These cameras record every action of regular people
who aren't even suspects in crimes while they go about their daily business and
commute in public.

2. Who do you think are responsible in controlling the situation? Explain your answer.
Keeping an eye out for anyone acting strangely and notifying security personnel or
the police if you spot any theft, vandalism, or other criminal activity. For the safety of
the cleaning crew working in huge unoccupied buildings. any antisocial behavior and
reporting it to the police. keeping a record of each event to report to the police.

3. What are the social impacts on local and global communities of the problem given in
the case?
44 research were found to be sufficiently robust for inclusion after a meta-analysis of
93 studies on surveillance systems' effectiveness at reducing crime was conducted.
The majority of the research were conducted in the United Kingdom, but some also
took place in American locations including Cincinnati and New York. According to the
data, parking lots saw a 51% decrease in crime when CCTV devices were used
there. Systems in other public settings had some impact on crime, with a 7% drop in
city centers and public housing areas and a 23% drop in public transit systems, but
the effects were not statistically significant. Systems were largely responsible for the
decline when sorted by country; the decline in other nations was negligible.

B. Consider this situation: You are a senatorial candidate and you claim that you will
be the voice in education sector, citizen journalists, bloggers and netizens champion in
the senate should you win the election. The National Union of Journalists of the
Philippines (NUJP), Philippine Internet Freedom Alliance (PIFA.ph) and National Union
of Students of the Philippines and other media practitioners asked for your clear, detailed
manifesto for cybercrime prevention act issue. You will be presenting the said platform
before them in a general assembly.

TECHOLOGY IN TEACHING AND LEARNING 1

 Prepare your proposal/speech in the language that the netizens could easily
comprehend and accept its practicality. (You may cite provisions from the law that you
have studied)

The following rubrics will be used: clear statement (15%); organization of thoughts
(25%); focus on central theme (20%); accuracy of claims (20%); mechanics (e.g.
sentence structure, grammar, spelling, ect.) (10%); audience and purpose (effective
word choice, focus on persuasive task) (10%)

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EVALUATE

Directions: The dimensions of Philippine laws concerning the code of ethics

for IT professionals may be grouped into: (1) the punishable acts/offenses;
(2) the penalties/sanctions; (3) the enforcement/ implementation; (4) the
authorities/ regulatory board; and (5) other provisions.

Using the Republic Act No. 9995 also known as Anti-Photo and Voyeurism Act of
2009, Republic Act No. 9775 also known as Anti-Child Pornography Act of 2009 and
the Republic Act No. 10175 also known as Cybercrime Prevention Act of 2012,
prepare a matrix of provisions/articles for each dimension. In the column of the matrix,
cite at least three (3) actual violations of those, often practiced by professionals or by the
industry and institutions. Use the matrix below as an example (take note that entries are
only samples, they are incomplete):

Policy Punishable acts/offenses Penalties/sanctions

Republic Act No. Any person found guilty of violating
9995 AN ACT DEFINING AND Section 4 of this Act faces a
PENALIZING THE CRIME OF penalty of not less than three (3)
PHOTO AND VIDEO VOYEURISM, years in prison and not more than
PRESCRIBING PENALTIES seven (7) years in prison, as well
THEREFOR, AND FOR OTHER as a fine of not less than one
PURPOSES. hundred thousand pesos
(P100,000.00) and not more than
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 five hundred thousand pesos
(P500,000.00), or both, depending
on the discretion of the court.

Republic Act No.

9775 OTHERWISE KNOWN AS THE
ANTI‐CHILD PORNOGRAPHY Any person found guilty of violating
ACT OF 2009. (B) "CHILD" Section 13 of this Act shall suffer
REFERS TO A PERSON BELOW the penalty of arrestor mayor in its
EIGHTEEN (18) YEARS OF AGE minimum period and a fine of not
OR OVER BUT IS UNABLE TO less than one hundred thousand
FULLY TAKE CARE OF, OR pesos (Php100,000.00) but not
PROTECT, HIMSELF/HERSELF more than three hundred thousand
FROM ABUSE, NEGLECT, pesos (Php300,000.00).
CRUELTY, EXPLOITATION OR
DISCRIMINATION BECAUSE OF
A PHYSICAL OR MENTAL
DISABILITY OR CONDITION.

Republic Act No.

10175 Any person found guilty of any of
OFFENSES AGAINST THE the punishable acts enumerated in
CONFIDENTIALITY, INTEGRITY Sections 4(a) and 4(b) of this Act
AND AVAILABILITY OF shall be punished
COMPUTER DATA AND with imprisonment of prision mayor
SYSTEMS: (1) ILLEGAL or a fine of at least Two hundred
ACCESS. – THE ACCESS TO thousand pesos (PhP200,000.00)
THE WHOLE OR ANY PART OF A up to a maximum amount
COMPUTER SYSTEM WITHOUT commensurate to the damage
RIGHT. (2) ILLEGAL incurred or both.
INTERCEPTION.

References:

PNP Cybersecurity, Research and Analysis Division Report. Retrieved on June 26, 2019, from
https://www.doj.gov.ph/files/cybercrime_office/2014-2015_Annual_Cybercrime_Report.pdf

Philippines 2014-2015 Cybercrime Report. Retrieved on June 26, 2019, from

https://www.doj.gov.ph/files/cybercrime_office/2014-2015_Annual_Cybercrime_Report.pdf

Republic Act No. 10175. Retrieved on June 26, 2019, from

https://www.officialgazette.gov.ph/2012/09/12/republic-act-no-10175/

Republic Act No. 9995. Retrieved on June 26, 2019, from

https://dict.gov.ph/wp-content/uploads/2014/10/RA-9995-Anti-Photo-and-Video-Voyeurism-
Act.pdf

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Republic Act No. 9775. Retrieved on June 26, 2019, from
https://www.officialgazette.gov.ph/2009/11/17/republic-act-no-9775-s-2009/

Republic Act No. 8792. Retrieved on June 26, 2019, from

http://www.bsp.gov.ph/downloads/laws/RA8792.pdf

Republic Act No. 8484. Retrieved on June 26, 2019, from

https://www.pnpacg.ph/main/images/downloads/LegalReferences/RA8484.pdf

Republic Act No. 4200. Retrieved on June 26, 2019, from

https://lawphil.net/statutes/repacts/ra1965/ra_4200_1965.html

Philippine Laws and Jurisprudence Databank. Retrieved on June 26, 2019, from
https://lawphil.net/statutes/repacts/repacts.html

Cybercrime Prevention Act of 2012. Retrieved on June 26, 2019, from

https://www.youtube.com/watch?v=NH4UCKfGS3M&t=21s

STUDENT NAME: _________________________________________________

STUDENT NUMBER: ________________________________

STUDENT’S SIGNATURE: ____________________________

DATE SUBMITTED: _________________________________

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