CYBERCRIME PREVENTION ACT OF 2012

The republic act under 10175 known as a cybercrime prevention act of 2012 is the
consolidation of senate bill no. 2796 proposed by former Senator Edguardo Anggara and
house bill no. 5808 offered by Susan Yap Sulid of the second district of tarlac. This was
finally passed by Senate and The House of Representatives on June 04 and June 05, 2012
respectively. It was signed into law by former president Benigno Aquino III on September
12, 2012.
For purposes of this Act, the following terms are hereby defined as follows:
a. Access refers to the instruction, communication with, storing data in, retrieving data from,
or otherwise making use of any resources of a computer system or communication network.
b. Alteration refers to the modification or change, in form or substance, of an existing
computer data or program.
c. Communication refers to the transmission of information through ICT media, including
voice, video and other forms of data.
d. Computer refers to any storage facility or equipment or communications facility or
equipment directly related to or operating in conjunction with such device.
e. 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.
f. Computer system refers to any device or group of interconnected or related devices, one or
more of which, pursuant to a program, performs automated processing of data.
g. Cyber refers to a computer or a computer network, the electronic medium in which online
communication takes place.
h. Cyber security refers to technologies that can be used to protect the cyber environment and
organization and user’s assets.

HISTORY OF CYBERCRIME
• The legal framework of the Republic Act No. 10175 or “Cybercrime Prevention Act of
2012” is in line with the Cybercrime Prevention Act of the Budapest Convention, which took
effect in February 2014.
• The Philippine Congress enacted the Cybercrime Prevention Act of 2012, which addresses
entirely crimes committed against and through the computer system on September 12 2012,
and signed by President Benigno Aquino III. It includes substantive penal, procedural, and
international cooperation rules.

PURPOSE OF CYBERCRIME LAW

Its purpose is to direct certain legal issues concerning the use of cyberspace, online
interactions, and the usage of Internet in the Philippines since the advancement of technology
is a fast becoming trend in the Philippines. It also provides for punishment relative to the
wrongful and unlawful acts done through the use of cyberspace.
Republic Act 10175 intends to protect consumers who are dependent on cyber laws to
safeguard them from online fraud or identity theft.

TEMPORARY RESTRAINING ORDER OF THE R.A 10175

On October 9, 2012 the Supreme Court of the Philippines issued a temporary restraining
order, stopping implementation of the Act for 120 days, and extended it on Febraury 05, 2013
until further orders from the court.
On May 24, 2013 the DOJ announced that provisions of the law have been dropped, namely,
the contentious online libel provisions.
The new Act received mixed reactions from several sectors upon its enactment, particularly
with how its provisions could potentially affect freedom of expression, freedom of speech
and data security in the Philippines.

IS THE R.A 10175 TRO LIFTED?

By February 2014, the Supreme Court ruled that the provision on Internet Libel was legal or
constitutional. By this time, RA 10175 is now enforceable since the TRO has been lifted after
been given final judgment.
In early December 2012, the government requested the lifting of the TRO, which was denied.
Over four hours of oral arguments by petitoners were heard on January 15, 2013, followed by
a three-hour rebuttal by the Office of the Solicitor General, representing the government, on
January 29, 2013.

OFFENSES UNDER CYBERCRIME LAW

Cybercrime Offenses. — The

following acts constitute the offense
of cybercrime punishable under this
Act:
(a) 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.
5. 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
6. 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.
7. 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.
8. 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
9. 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.