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Home » 16 Cybercrimes covered under Cybercrime Prevention Act – Republic Act 10175
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Republic Act 10175 – Cybercrime Prevention Act was signed into law last
September 12, 2012. This law is already in effect as the Supreme Court
uphold its constitutionality (February 18, 2014). Although some provisions
were deemed as unconstitutional (struck down) particularly Sections 4(c)(3),
7, 12, and 19.
As we use and integrate ICT and Internet in our lives, perhaps it is possible
that new forms of crimes can happen online and where broader or special
legislation will have to be created (that provides mandate for resource
allotment too). Nevertheless, that perspective, whether agreeable or not,
brings the importance of having more organized groups of netizens who can
interact with policy makers proactively on Internet / ICT related policies and do
its share of stakeholder consultation.
4. System Interference
Unauthorized 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 – same as above
messages, and including the introduction or transmission of
viruses.Authorized action can also be covered by this provision if
the action of the person went beyond agreed scope resulting to
damages stated in this provision.
5. Misuse of devices
The unauthorized use, possession, production, sale, procurement,
importation, distribution, or otherwise making available,
of devices, computer program designed or adapted for the purpose
of committing any of the offenses stated in Republic Act – same as above except fine should be no more th
10175.Unauthorized use of computer password, access code, or hundred thousand pesos (P500,000).
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 Republic Act
10175.
7. Computer-related Forgery
Unauthorized input, alteration, or deletion of computer data
resulting to inauthentic data with the intent that it be considered Prision mayor (imprisonment of six years and 1 da
or acted upon for legal purposes as if it were authentic, regardless years) or a fine of at least Two hundred thousand
whether or not the data is directly readable and intelligible; orThe (P200,000) up to a maximum amount commensu
act of knowingly using computer data which is the product of damage incurred or BOTH.
computer-related forgery as defined here, for the purpose of
perpetuating a fraudulent or dishonest design.
8. Computer-related Fraud
Unauthorized input, alteration, or deletion of computer data or – same as aboveProvided, That if no damage has
program or interference in the functioning of a computer system, caused, the penalty imposed shall be one (1) degr
causing damage thereby with fraudulent intent.
10. Cybersex
Willful engagement, maintenance, control, or operation, directly or
indirectly, of any lascivious exhibition of sexual organs or sexual
Prision mayor (imprisonment of six years and 1 da
activity, with the aid of a computer system, for favor or
years) or a fine of at least Two hundred thousand
consideration.There is a discussion on this matter if it involves
(P200,000) but not exceeding One million pesos (
“couples” or “people in relationship” who engage in cybersex. For
or BOTH.
as long it is not done for favor or consideration, I don’t think it will
be covered. However, if one party (in a couple or relationship) sues
claiming to be forced to do cybersex, then it can be covered.
11. Child Pornography
Penalty to be imposed shall be one (1) degree hig
Unlawful or prohibited acts defined and punishable by Republic Act
that provided for in Republic Act 9775, if committ
No. 9775 or the Anti-Child Pornography Act of 2009, committed
a computer system.
through a computer system.
If you are going to include all provisions in the Revised Penal Code, there can
even be more than 16 types of cybercrime as a result.
3. Jurisdiction
(a) The Regional Trial Court designated special cybercrime courts shall have
jurisdiction over any violation of the provisions of this Act including any
violation committed by a Filipino national regardless of the place of
commission. Jurisdiction shall lie if any of the elements was committed within
the Philippines or committed with the use of any computer system wholly or
partly situation in the country, or when by such commission any damage is
caused to a natural or juridical person who, at the time the offense was
committed, was in the Philippines. (section 21)
This gives the Philippines the ability to participate in treaties and of mutual
cooperation with countries that have counterpart legislation effectively –
especially – on cybercrime cases that have team members or victims residing
in the Philippines.
The PNP and NBI shall be responsible for the enforcement of this law. This
includes:
(a) The PNP and NBI are mandated to organize a cybercrime unit or center
manned by special investigators to exclusively handle cases involving
violations of this Act. (Section 10).
(b) The PNP and NBI are required to submit timely and regular reports
including pre-operation, post-operation, and investigation results and such
other documents as may be required to the Department of Justice for review
and monitoring. (Section 11)
(e) Carry out search and seizure warrants on computer data. (section 15)
Once done, turn-over custody in a sealed manner to courts within 48 hours
(section 16) unless an extension for no more than 30 days was given by the
courts (section 15).
Service provider refers any public or private entity that provides to users of its
service the ability to communicate by means of a computer system,
and processes or stores computer data on behalf of such communication
service or users of such service. (Section 3(n).
6. Responsibility of individuals
7. Inadmissible evidence
(a) Any evidence procured without a valid warrant or beyond the authority of
the same shall be inadmissible for any proceeding before any court or
tribunal. (section 18)
8. Access limitation
The Supreme Court struck down Section 19 of the law that gives the
Department of Justice powers to order the blocking of access to a site
provided there is prima facie evidence supporting it.
(a) Office of Cybercrime within the DOJ designated as the central authority in
all matters relating to international mutual assistance and extradition. (section
23)
The CICC is the cybercrime czar tasked to ensure this law is effectively
implemented. (section 26)
Although the law specifically stated a fifty million pesos (P50,000,000) annual
budget, the determination as where it would go or allotted to, I assume shall
be to the CICC.
In crimes committed online, the law gives a higher penalty compared to its
offline counterpart. This is seen as a violation of principles within the E-
Commerce Law where both offline and online evidence is given equal weight.
In its implementing rules and regulations, it also indicated not to give special
benefit or penalty to electronic transactions just because it is committed
online.
However, I note that perhaps the reason for this also is to increase the
penalties. The original Revised Penal Code, for example, gives a penalty for
libel in the amount of up to six thousand pesos (P6,000).
Libel is already a criminal offense under the Revised Penal Code as is. Then it
got extended to its electronic form since 2000 (with the recognition of its
electronic form provided by the E-Commerce Law) with existing penalties
applying to it. With the Cybercrime Law, it increased the penalty further if
committed with the use of ICT.
Hitting the “Like” button on Facebook does not make you commit the act of
libel. In this ANC interview, Senator Ed Angara clarified that posting a
comment where you get to share your thoughts is covered under “protected
expression”.
The mention of libel in the Cybercrime Law is the most contested provision in
the law. The additional penalties is seen to curtail freedom of expression.
Most of the petitions against the Cybercrime Law focused on this provision.
I appreciate the need for real-time access to data, such as cellular traffic
data, especially in tracking scammers and any critical incident as it happens
(such as kidnapping and other in-progress crimes) where immediate access is
important.
However, the mining of this data for surveillance can be seen as subject
abuse. Furthermore, if no intervention such as a judge approval, comes first
before getting access where need can be justified.
Although I think this will slow down the process if anything needs court
approval first. But other parties believe that this is a must requirement. As the
Supreme Court struck down Section 12, I hope processes will be set-up
to assist law enforcement with its investigation, to fasten court warrant
issuance, especially as it receives complaints from victims of
cybercrime.
2. Make the process for data access efficient so that text and online scams
culprits can be made accountable soon while ensuring that the data collected
won’t be abused.
Author
Janette Toral
Janette Toral is an E-Commerce Advocate. Digital Influencer.
Comments (44)
Roel Pineda Reply
does downloading through utorrent, bit torrent, etc, belongs to the scope of the
cybercrime law?even if the contents downloaded were already old?like old movies,
songs etc?
March 20, 2014 at 3:52 pm
Janette Toral Reply
Yes it is. But only if the copyright holder will be the one to sue you.
March 31, 2014 at 8:16 pm
Ed Reply
Is the libelous or defamatory exchange in the PM inbox of Facebook can be used as
evidence for Libel in RA 10175?
June 15, 2015 at 11:21 pm
Janette Toral Reply
Yes it can be since the year 2000 when the E-Commerce Law or Republic Act 8792
was passed.
July 4, 2015 at 4:31 pm
Karizza Reply
Sakop po ba yung panghahack ng facebook account? and paggamit nung account na
yun para siraan sa ibang tao?
March 11, 2019 at 9:52 pm
JKenneth Rendal Reply
i’ve been trying to file a case against my neighbors but they have been continously
blocking all evident proof and other forms of evidence, they have tried all sorts of ways
just for me to send the given pictures and videos how should i consult the NBI or the
PNP with the correct approach on this? since i already tried but authorities here in
Dumaguete are still naive about the cybercrime law, and by far has been gradually
increasing with more of my friends experiencing the same technical issues i’m dealing
with. They are using the OS program Linux, please give me an IT or Programmer who’s
under the supervision of the NBI or the PNP to contact in region 7 please.
December 25, 2015 at 9:21 pm
Dhan Jarin Reply
Hello sakop po b nito yung pag sell online. Niloko po kasi ako ng pinagbilihan ko ng
laptop. May sira yunf item. Ano pwede kong icase dun? Thank you.
February 24, 2016 at 12:51 am
Janette Toral Reply
Hi Dhan. You can file a complaint sa NBI or PNP. Cover siya ng Consumer Act of the
Philippines.
February 25, 2016 at 10:07 pm
Danriel Caberto Reply
Hi po. Ah ma’am i would like to ask if sakop ba nito kapag ba yung naka away mo is
post ng post online pero shes not naming you . She has a lot of post po ma’am
concerning to our fight. Amd even using bad words. ? Her post dont contain my name
and the case po is sinasabi niyang chinismis ko siya about sa pagkakaroon po niya ng
ibang kinakasama and nagpapabayad po siya sakin ng 10k for moral damage. I cant
afford to pay her so she posted a lot na. Po what case can i file to her?
June 12, 2017 at 7:48 am
o
Janette Toral Reply
If it does not mention you in anyway – it will be hard to push it. Unless this person
started giving clues that will clearly allude to you.
July 11, 2017 at 8:49 am
Gail satorre Reply
Does the libelous or defamatory exchange in the PM inbox of skype can be used as
evidence for Libel in RA 10175?
June 16, 2017 at 6:00 am
Janette Toral Reply
It can be. But it will also put the person sharing that conversation at risk for violating
confidentiality.
July 11, 2017 at 8:48 am
Remo Reply
If some body blackmails some one to post their nude pictures online . Does it comes
under cyber crime?
June 26, 2017 at 7:07 pm
Janette Toral Reply
Yes and other related crimes (including extortion).
July 11, 2017 at 8:47 am
thea aguilar Reply
does cyber crime include remarks made on viber chat group( viber chat group
composed of 12 members). remarks were accusations & character assasinations like
how u dress up/ how u dance etc. after 2 hrs bashings the one who formed d viber
group chat evicted me
August 4, 2018 at 11:10 am
Roel Reply
Sakop din po ba nito yung binuksan ang fb account mo, binasa ang mga PMs mo, at
nag print out pa po?
August 5, 2018 at 11:32 pm
Nathaniel Reply
Hi Good Day,
If your daughter/ son received a tweet from another student and was verified that the
tweet came from one student stating “ pakielamero kaputa ka! ….. My classmate ………
is a bitch….
Ano po ba ang pedeng gawin as a parents? Sakop po va ito ng cyber bullying?
Maraming sa,amat po.
Nathaniel
August 11, 2018 at 8:59 pm
Tristan Drake Reply
Is hacking online games account covered dito? Pero wala pong money nainvolve pero
para game may value po siya? Tanong ko lang po sana kasi may game policy din
kasing nakalagay na trade at your own risk thank you po
August 15, 2018 at 11:49 pm
Delia C. Calagui Reply
Hi ma’am,sir:
Ask ko lang po kung pwede po bang kasuhan ang hipag ko na masyadong
nampapahiya sa anak ko sa lahat po ng post nia?nakalagay din po sa lahat ng post nia
ang name ng anak ko…ano po ba ang dapat kong gawin?masyado na pong napahiya
ang anak ko sa mga post nia sa facebook…thank you in advance po for your reply.
August 26, 2018 at 11:47 pm
Rolaine Reply
Sakop po ba nito ang pagpost nila na patay na ang anak mo and claiming na anak niya
ang shinare nyang photo?
August 30, 2018 at 4:46 pm
Xy Figura Reply
If you have transactions via web apps and eventually ask for a refund but they keep on
telling that they’re working on it. Its been 2months of waiting and yet i havent received
any refunds, does that fall on this category?
September 2, 2018 at 3:23 am
Carlos Paradero Reply
Kasama ba sa cyber libel kapag minura ka sa isang viber group chat? As in minura ka
ng PI na nabasa ng lahat ng members who are all prominent people..?
September 6, 2018 at 1:46 pm
Ester Reply
I recently got an email regarding a blackmailing me for apparently getting into an x-rated
website. Stating that i should send him money in order to cover up for the damages he
might apparently do. Saan ko kaya siya pwede isumbong? Mukhang US based ang
taong ito, or if not baka dito lang.
And, I have not even made a visit to any x rated site, ever.
September 13, 2018 at 11:10 am
Hanyb Reply
Hello po! Sakop po ba ang illegal na pag open ng facebook account at pangingialam ng
messenger ng ibang tao?
September 14, 2018 at 3:28 am
Cherry Reply
May classmate po kasi ako na nakialam ng fb account ng isa ko pa pong classmate,
nagbasa po siya at nagbackread ng conversations namin sa group chat. 6 lang po
kaming member ng group chat na yon pero ung classmate ko pong nagbasa hindi po
siya kasali don. Ngayon po, nagscreenshot po siya nung mga pinag-usapan namin and
kinalat po niya sa buong klase namin, nakaabot pa po sa mga prof. Tanong ko lang po
kung sakop po ba ng cybercrime law ung ginawa niya and pwede po ba siyang kasuhan
about don? Salamat po
September 14, 2018 at 7:37 pm
Tel Reply
Ano pong pwdeng isampang kaso sa dati kong kalaguyo na patuloy na nag sesend me
messages sa asawa ko para tuluyan kaming maghiwalay. Gusto na po naming mag
move forwars at ayusin ang family namin pero itong taong ito ayaw tumigil sa pagsira
saakin para hiwalayan ako ng mr ko.
September 20, 2018 at 5:34 am
Jesus Basea Reply
My girlfriend and stay in a know hotel in manila, one night my girl friend went out of our
room and i was not there,since i am the registered guest,my girlfriend was subjected to
security procedure wherein she was asked to undress in a small room for security
check,to her surprise she later seen a cctv camera installed on that room, does the
hotel commit violation on her privacy.
September 21, 2018 at 9:46 am
Mark Reply
Hi po…
is sending of message by unknown profile on facebook
forcing someone to do something is a crime?
September 22, 2018 at 7:35 pm
Nix Reply
Sakop po ba ito yung nagpost ng nude pic ng bata para ipakita ang mga sugat sugat at
kung anong kalagayan ng bata?
September 24, 2018 at 1:51 am
Line Reply
Nahulihan ko ang mister ko ng ibat ibang fb acct at puro teenagers ang mga chinachat
nya at tinatanong nya kung gustong makapanood ng sex video. May pumapayag kaya
napapadalhan nya.
Isa sa mga kachat nya nagsbi sya (mister ko) na padalhan siya ng nakahubad at
nagpadala nga ng napakaraming pictures nya na nakahubad. Sa kasunod na kachat ng
mister ko pinadala nya ang mga ito sa kakilala nung babae.
Ano ang pwede kong gawing hakbang (ikaso) sa knya dhil una, matagal na niya akong
winawalang hiya. 2nd gusto ko ng matigil na o kundi man ay mabigyan siya ng kaso?
September 25, 2018 at 1:39 am
Mimi Reply
How does it wprk when the accused is not within the philippines?
September 28, 2018 at 2:37 am
Racquel Reply
Hello po good afternoon..ask ko lang po Kung pwede ko kasuhan Yung tao Kasi nag
post po siya pinangalanan Niya ako at sinasabi na linoko ko daw which is Hindi Naman
po totoo..
October 3, 2018 at 3:35 pm
Eve Reply
Hello po. Someone sent a private message sa friend nya tagging me and my partner as
“mga magnanakaw” with our photo below the message and even said that i stole the
money of a specific call center campaign sa center na dati kong minamanage. Her
friend sent me the screenshot of that message. Matibay po ba yung evidence ng libel?
And ano pa po ang cases na pwedeng ifile against her?
October 21, 2018 at 8:30 am
Paula Pena Reply
If some body blackmails some one to send their intimate videos to other people. Does it
comes under cyber crime? and where should we file a case and what are the penalties
for this? Thank you!
October 22, 2018 at 2:54 pm
Clar Reply
Pano po ung akin mam nag order ako online sa kapit bahay ng kapatid ko binayadan ko
na lahat afternoon almost 2 months ng di pinapadala item nung finofollow up ko blinock
ako pag tatawagan ko kinakancel ang call so ang ginawa ko since my isa pa akong
account ung convo namin na ng aask ko why 1 month ng bayad ung item wala pa at
ung patunay na nakablock ko nilagay ko sa comment box ng isa sa mga pictures nya.
Kasi i tried messaging here sa inbox gamit ung isang account ko you cannot send
message to this person ang lumalabas considered cybercrime po ba ung ginawa ko?
November 12, 2018 at 8:48 pm
Jaworski Manuel Reply
Hi po i need help.
sakop ba ng online libel ung pananakot or black mail na ilalabas ung sex video kapag
nagkahantungan sa kasuhan
kc po balak ko po magpannull sa asawa ko tapos ginagamit nya ung sex video n
nangyari before n nagkapirmahan kami sa amicable settlement.
ngaun marami xang minimessage through messnger n kamag anak or family ng GF ko.
na sinisiraan nya ung GF ko tapos ilalabas ung sex video namin.
pwede ba xang makasuhan ng e libel tapos extortion
or anu magandang gawin
salamat po sa response nu
November 22, 2018 at 12:06 am
Janine Reply
Is it possible to file a cyber libel case on a anonymous deleted facebook account? What
are needed to do so.
November 23, 2018 at 7:25 am
Gabriel D. Embile Reply
Pwede po ba kasuhan yung isang tao or ang company na anti-cybercrime law dahil
piang-tittext nila yung mga frined at client ko na may utang ako sa kanila.
Nakuha nila yung mga contact number sa phonebook ko kaya sila nakapag-text sa mga
friend at clinet ko,Parang gusto nila akong ipahiya at minsan tinawagan pa nila ang isa
sa cellphone number na tinext nila at sinisigawan pa.
December 4, 2018 at 10:10 am
alvin Reply
posting of cheating/illicit affairs conversation sa instagram. does it comes under cyber
crime?
December 7, 2018 at 12:16 pm
jinky Reply
pwede po bang makasuhan dito sa Pilipinas ang taong nagtthreat thru online kahit nasa
ibang bansa siya at ang taong tinethreat niya ay nandito sa Pilipinas? Kung hindi po
pwede sa Pilipinas, saan po pwede magfile ng kaso at anong kaso pwede ifile sa
kanya?
March 17, 2019 at 9:41 am
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