EDUARDO, Ray Bradley B.

CLEP 2
Atty. Galahad Pe Benito

SUMMARY OF XVII: TIPS TO IDENTIFY AND PREVEN CYBERCRIMES

Crimes are committed in every form as the perpetrator deems them. Heeding such a fact,
they are commenced shocking to the conscience of an ordinary man and beyond emphatical
comprehension. Sometimes, they are conducted with every means that perpetrators may have, and
such include computer systems. With the advancement of technology, the doers of iniquity know
no bounds.

Crimes committed with the use of information communications and technology (ICT) have
paved the way to intrude on one’s inherent rights. They intrude, disrupt, destroy, trick, illegally
access, and steal the integrity of a computer system and the identity and well-being of a person.
With their emergence, innocent people became more wary and protective of their rights. As an
additional security measure, the Congress passed a law that discourages such crimes and
encourages law enforcement authorities to safeguard their welfare and pursue perpetrators of
crimes through the use of ICTs.

Under Republic Act 10175 or the Cybercrime Prevention Act of 2012, it provides
prevention, investigation, suppression, and imposition of penalties on crimes punishable under its
provisions, to wit: illegal access, illegal interception, data interference, system interference, misuse
of the device, cyber-squatting, computer-related forgery, computer-related fraud, cybersex,
cyberlibel, and other crimes committed with the use of ICT. It is the duty of the Philippine National
Police (PNP) to efficiently and effectively enforce the provisions of the Act. From January 2022
– August 2022, the PNP reported 7,849 cybercime cases and most of which are Swindling/Estafa.
Perpetrators often use cyber-squatting or phishing to steal information from innocent people and
lure them to log in to their bank accounts in a seemingly legitimate domain. Unconventional ways
include love scams/romance scams. This is prevalent in dating applications or software. They
would trick innocent people into an intimate relationship, and once trust is acquired, they phish
their money and break the bonds that they had established for some time.

How can innocent people identify such scams? They would know if an act is a scam if a
pretentious company rushes them into a fake transaction, the website that they are linked to does
not have security features, they are being asked for their personal information and identification
numbers, and lured to reply to a destructive mail infected with malware. Although the State
penalizes such acts, general public awareness and prevention stimulate better progress.
EDUARDO, Ray Bradley B.
CLEP 2
Atty. Galahad Pe Benito

SUMMARY OF XVIII: INTELLECTUAL PROPERTY RIGHTS

The State values originality, rewarding people for their innovations to best society as
ordinarily lived. They solve modern problems, even provide convenience in day-to-day situations.
As a reward, the State recognizes the same and affording rights over intellectual assets or
properties. Settled is the rule that intellectual property rights exist at the moment of creation. It is
a misnomer that the right over a trademark establishes at the date of filing with the IPO. While it
is true that intellectual property rights exist at the moment of creation, it does not come with a
patent because such is different from copyright. In order to claim exclusive right over an invention,
one must secure a patent. Unlike in literary and artistic works, copyright is protected from the
moment of creation. However, not all literary works are copyrightable because some of them are
useful articles. A useful article is a component that cannot be severed without diminishing the
value and purpose of an object. Notwithstanding such a classification, it may be subject to
copyright protection when it incorporates a design element that is physically or conceptually
separable from the product.
A patent is a technical solution to a problem or an innovative invention. An inventor may
secure a patent over his or her invention, but if it was made during the course of his or her
commission or employment, he or she cannot claim patent over the same except when it was not
made during his or her regular duties. In other words, patent belongs to the employer if the
invention is a result of an employee’s regular course of business. Patent rights are territorial. It
means that it can only be enforced in a country where it was registered, except when a product,
business, or invention had established international recognition. While it is true that patent
excludes others from making use of an invention without consent, it may be owned by two (2) or
more persons known as Joint Owners. Under the IP law, each of the joint owners shall be entitled
to personally make, use, or sell the common invention for one’s profit. However, if a joint owner
wishes to allow a 3rd party from using the common invention, he or she must secure the consent of
the joint owners and that the desired transaction with the 3rd party shall not entice undue advantage
over the profit.
Since a patent excludes other from using an invention or trademark without the consent of
the inventor or owner, a geographical term cannot be subjected as patentable article. If a word is
broad or general, it cannot be a subject of patent because excluding others from using the same
would deprive others. Same with laws of nature and scientific discoveries, they cannot be subjected
to patent or exclude others from using the same since they can benefit the public and protect the
welfare of the people. Prohibiting them from using an invention would deprive national interest.
EDUARDO, Ray Bradley B.
CLEP 2
Atty. Galahad Pe Benito

SUMMARY OF XIX: GUIDELINES OF CIVIL AERONAUTICS BOARD

Air passenger rights protect passengers' interests and ensure their safety and comfort
before, during, and after air travel. The rights of passengers are governed by a variety of
international and national laws, depending on which country an offline or online carrier operates.
They have the right to be informed accurately of the price, to receive the full and compensatory
value of the service purchased, and to be compensated in case of damage or, worse, death.
Jurisprudence provides that airline travel connotes mutual obligations between the passengers and
airline carrier. The former has the right to be informed of the terms and conditions of the flight,
while the latter may expect that they have read the same with diligence. It should be automatic for
passengers to read the terms and conditions to be fully aware of their rights, especially when
mishaps occur, they would know how to efficiently enforce them.

One of the rights mentioned was the right to compensation. How are passengers
compensated when a flight was cancelled due to the fault of the airline carrier? What if passengers
are at fault? If none is at fault, how can passengers be compensated? Passengers may seek to
redress grievances, refund, rebook, or travel fund. Refund is regulated as a matter of statutory right.
Rebooking or scheduling another date of flight is a practice that seeks to amicably settle an issue
without resorting to refund. Travel funds differ from all or some airline carriers. Some do not allow
a travel fund as a matter of policy, and some do allow it as a leeway for compensation.

Among the possible actions, refund proves to be dubious and time consuming since it
would require presentation of evidence, summary hearings, alternative dispute resolutions, and the
likes. Contrarily, it would be efficient for some if an airline carrier is compliant with the demand
of refund of passengers depending on the gravity of the situation. If the passenger is at fault, then
there would be no rights to begin with since they are deemed waived unless an airline, in good will
and comity, provides otherwise.
EDUARDO, Ray Bradley B.
CLEP 2
Atty. Galahad Pe Benito

SUMMARY OF XX: GUIDELINES OF NATIONAL TELECOMMUNICATIONS

COMMISSION

Telecommunications in the Philippines is at its significant growth. With the advancement

in technology, almost all Filipinos own mobile phones, smartphones, laptops, and other similar
gadgets. Along with its advancement, the government is a vital body for its significant growth by
authorizing its use, including protection against invasion of privacy, installing cellular towers, and
granting franchise for telecommunications companies like Globe, Smart, Converge, PLDT, DITO,
and other similar telecom companies. Despite such an advancement or widespread improvement,
the Philippines still faces lackluster telecom users. They infringe the rights of others to the
detriment of national interest. Most users are uninformed of their rights in case of damage. As an
additional protection, the Congress passed a law and the State created a body that seek to rectify
any issues that may arise from the use or abuse of telecom devices.

Under RA 7925 or the Public Telecommunication Policy Act of the Philippines and the
NTC Memorandum Circular No. 07-08-2015, telecom users have the right to non-discriminatory
use, right to be given first-single line connection, regular and accurate billing, and right to seek
redress in case of damage. They also have the right to confidentiality over any information stored
within a device, and telecom companies shall not have the right to invade their privacy unless
authorized by them accordingly. Similar to the provisions of the Consumer Act of the Philippines,
users shall have the right to select their preferred service. They shall not be deceived to purchase
a service or forced to pay a service that they do not intend to use from the moment of an alleged
purchase. With regard internet service providers, they shall not deprive users from equal utility or
connection of great quality. They shall not deprive them of connection without notice and an
opportunity to be heard or computed with efficient scheme in case of non-payment.

As regards billing, all users have the right to be accurately informed of the amount of
expense. No hidden charges shall be honored or included, unless they were made known to the
consumer prior the signing of agreement and rendition of service. Applying the modern trend,
users may opt to have their bills sent through email or as an electronic bill (e-bill). Companies may
adopt their own policy on e-billing, but it should be within the bounds of regulation of the National
Telecommunications Commission (NTC). If users opt to receive e-bills, telecom companies shall
abide and the responsibility rests upon them to regularly check their e-mails. If, however, users
opt to receive the bills traditionally, they shall not be required to pay delivery fee to telecom
companies. Having the same settled, telecom companies shall not impose a hidden delivery fee as
it is unfair and unconscionable. Should a telecom company commit the same, user or consumers
would have the right to file a complaint.
EDUARDO, Ray Bradley B.
CLEP 2
Atty. Galahad Pe Benito

SUMMARY OF XXI: GUIDELINES OF DEPARTMENT OF HUMAN SETTLEMENTS

AND URBAN DEVELOPMENT

A homeowners association is a non-stock, nonprofit association registered with the

Department of Human Settlements and Urban Development. In urban livelihood, people may
incorporate themselves to create an association that shares common goal of protecting their
interests over their respective land areas and to enforce their rights when at threat. Not only those
who are living in urban areas have the right to incorporate themselves, but also those who are in
subdivisions or villages because the law makes no distinction when it states “owners” or
“purchasers of a lot.” However, this does not include awardees of ownership rights because they
are implemented by the national and/or local government.

Under RA 9904 or the Magna Carta for Homeowners and Homeowners Association, these
associations may collect from their members a fee subject to the minimum standards of law. The
imposed fee shall bear the approval of the members—and it is known as “association dues.” Assoc.
dues is the amount paid by the members for the purposes of defraying expenses incurred by the
association. Such differs from membership fees. People often confuse them, but, for clarity,
membership fee is the amount paid for their actual membership, while association dues is based
on the number of lots owned by the members. However, both of them are used for the
administrative matters of the association, but their purpose clearly differs from each other.

The association is created to increase the optimal value of the real estate of neighboring
homeowners. It shall establish its bylaws through its members and impose or collect reasonable
and lawful fees. It shall be composed of Board Members that enforces its duties and
responsibilities. Ordinary members, on the other hand, are obliged to pay monthly association
dues, support the projects of the association, attend meetings, and vehemently respect the bylaws.
A member who fails to pay association dues for three (3) cumulative months shall be deemed a
delinquent member, and a delinquent member cannot enforce and exercise the rights of an ordinary
member. Although no voting rights, the delinquent member shall still pay the monthly association
dues. If such a member opts to pay, the association may impose late charges as penalty for his or
her delinquency or late payment.

As regards rentals or those who are renting, our laws mandated policies to help people
afford quality rental housing units. Under the Department Order No. 2021-10, funders and
production arms shall contribute to the equitable development goal of housing gaps of minimum
wage earners or household below average income. It aims to provide sustainable, healthy, and
affordable rental housing units for the underprivileged. To help stabilize housing gaps, real estate
developers shall impose incentivized compliance to lower cost of rental housing units, and to give
more opportunities for the underprivileged.
EDUARDO, Ray Bradley B.
CLEP 2
Atty. Galahad Pe Benito

SUMMARY OF XXII: PRODUCT CERTIFICATION SCHEMES ON MANDATORY

PRODUCTS

Consumers’ purchasing power increases over time, but usually it depends on the stability
of a country’s economy. People can buy goods or products expecting a good quality. Others,
however, do not expect much from an affordable, cheap good. It is championed that an affordable
price usually comes with the least quality, but not all the time that it is case. One can own a better
quality paid at a low price and produced with low cost. How can people guarantee quality from
such goods? When marked as “safe” or “inspected” by the government and compliant with
international standards.

The Bureau of Philippine Standards or BPS was mandated by law to implement

certification schemes on mandatory products. These certifications can be gleaned from various
construction materials and motorcycle gears like helmets and other related protective gears.
Product certifications schemes are Philippine Standard Certification Scheme, intended for local or
foreign manufacturers, and Import Commodity Clearance Scheme for importers. It must be noted,
however, that these schemes are not limited to the mentioned items. This is also applicable to all
items, products, or goods that are detrimental to public health when no mandate is applied like
Christmas lights, wires, speakers, engines, electric fans, cement, light bulbs, microwaves, and the
likes.

These marks are conspicuous so that consumers may see that the product they purchased
passed the accredited laboratory tests of the DTI and BPS. As enforcement of the BPS, it devised
an app that allows consumers to scan PS or ICC marks and to check whether it is duly certified or
authorized. In some unfortunate circumstances, a product may contain a PS or ICC mark but the
issuer in not licensed or, worse, faked. Aside from these marks, consumers shall be diligently in
reading and following safety measures and precautions.