The Faculty of the College of Criminal Justice Education

Saint Michael College of Caraga

Nasipit, Agusan del Norte

THE CYBERCRIME OFFENSES IN THE PHILIPPINES

A Research paper presented in partial fulfillment in the course

Bachelor of science in Criminology

Submitted by:
ADAM PAUL G. HERMOSADA

Submitted to:
IVAN ALEN C. HONRADA RCrim
Professor
 INTRODUCTION

Beyond its technical and international scope, cybercrime also involves

perpetrators who design their assaults with the specific intention of taking advantage of

any potential flaws in the infrastructure's global nature. It poses a threat to the public's,

governments', and industry's large and expanding reliance on the information

infrastructure for carrying out operations, sending communications, and processing

information.

In Asia, cybercrime is one of the non-violent crimes with the greatest rate of

growth. In order to solve such issues, a lot of technological know-how and collaboration,

both domestically and internationally, is required. Depending on the level of each

country’s law implementation, different countries are affected by this crime to varying

degrees. In the Philippines, new laws must be passed or current laws must be amended

in order to fully handle cyber dangers as the technical and electronic environments

change.

The Internet is increasingly being used for political, military, and economic

espionage, even between nations, according to information from organizations like

NATO, the FBI, the Center for Education and Research in Information Assurance and

Security (CERIAS), the Serious Organized Crime Agency (SOCA), the International

Institute for Counter-Terrorism, and the London School of Economics in a 40-page

report. According to the research, these actions are becoming increasingly complex. It

implies that because there is no organization with required international regulations

between countries as to how to pursue these kinds of crimes and the people who

commit them, cybercriminals have no fear of law enforcement (Sheman, 2005).

The Philippines National Police (PNP) reports that cybercrimes rose sharply in 2010

and continue to rise annually. According to the findings of the Criminal Investigation and

Detection Group (CIDG), the Philippine police reported 4,673 cases of cybercrime in

2006. In contrast, only $27 cases of cybercrime were reported in 2006, a threefold

increase in a single year. Between 2005 and 2010, 2,624 cases were reported,

according to the police. Only 37 cases were reported in 2004, but they continued to rise

each year, reaching 56 in 2004 and 161 in 2005. The PNP looked into 195 computer

crimes between 2004 and 2006, including a variety of cases involving credit and debt

card fraud. According to SPAMfighter (2008), internet pornography, copyright violations,

and other computer-related crimes were discovered.

A survey from the software company Symantec claimed that every year, an

increasing number of Filipinos become the targets of online crimes and other dangerous

attacks. Filipinos have been victims of numerous assaults, including virus infiltration,

phishing scams, and “sexual predation” (Brenner, 2009). Social networking sites, like

Facebook, which has at least 16 million users in the Philippines as of right now, are

among the areas where these crimes are most likely to occur for private users.
 FRAMEWORK

Cybercrime offenses

The Cybercrime Prevention Act of 2012 also Penalizes offenses against the

privacy, confidentiality, integrity, and availability of computer data and systems, such as

illegal access, system interference, data interference, misuse of devices, and

cybersquatting.

In the Philippines, as many as 87 percent of Filipinos were identified as victims of

malicious activities committed online, according to DOJ, which quoted a 2010 report of

the security software firm Symantec. These include victims of malware invasion, sexual

predation, and online or phishing scam (avendaño, 2013).

As to illegal access

Unauthorized access (without right) to a computer system or application.

For the purposes of Article 184, computer system means any device or

Group of interconnected or related devices, one or more of which, pursuant

To a program, performs automatic processing of data.

access to the computer information protected by law, i.e. the information reflected in

data-carrier, computer, computer system or their network that has caused a loss,

blocking, modifying or copying of information or malfunctioning of the computer,

computer system or their network,- shall be punishable by fine or by corrective labour

for up to two years in length or by imprisonment similar in length.

Related to Illegal access

 Critical access hospital or “CAH” means a hospital licensed as a critical access

hospital by the department of inspections a

 Provider network means an affiliated group of varied health care providers that

is established to provide a continuum of health care services to individuals;

 Critical infrastructure means existing and proposed systems and assets,

whether physical or virtual,

 Service Level means the standard set forth below by which IBM measures the

level of service it provides in this SLA.

 Critical habitat means habitat areas with which endangered, threatened,

sensitive or monitored plant,

As to Data interference

Unauthorized action can also be covered by this clause if the person's action went

beyond the agreed-upon scope and caused the damages listed in this clause.

Unauthorized action includes the introduction or transmission of viruses as well as the

alteration, destruction, deletion, or degradation of computer data, electronic documents,

or electronic data messages.

 the act of destroying, erasing, deteriorating, altering, or suppressing computer data is

punishable by the crime of data interference. The acts of entering, transmitting,

damaging, deleting, deteriorating, altering, or suppressing computer data constitute the

offense of system interference, the acts of “the input, alteration, deletion, or suppression

of computer datas” constitute the crime of computer-related forgery. And the act of

entering, altering, erasing, or suppressing computer data—the crime of computer-

related fraud. Even though the text is slightly different, it appears that the same material

acts are the root of all crimes: computer data input, deletion, damage, or modification.

Further, the fact that the crime of data interference does not predict "input of data"

or that the crime of system interference predicts transmitting in a way that the other

crimes do not does not seem relevant. The majority of the material acts that are

included in these crimes’ legal definitions are the same (cybercrime, 2015).

As to system interference

Unauthorized entry, transmission, deletion, degradation, alteration, or suppression

of computer data or programs, electronic documents, or electronic data messages,

including the introduction or transmission of viruses. Authorized action can also be

covered by this provision if the person's action exceeded the agreed-upon scope and

resulted in the damages listed in this provision (Gazette, 2015).

In addition, Computer fraud is one of the first generations of computer crimes, and in

this generation, the computer is only seen as a tool for committing crimes. As a result,
computer fraud can be viewed as one of the computer crimes following the computer’s

undeniable interference in people’s daily lives (Alipour, 2004). Hackers first attempted to

break into computer networks. Some did it only for the joy of getting into high-security

networks, while others wanted to get their hands on important or secret information.

Eventually, hackers began to introduce computer viruses into networks, causing

malfunctions on both home and office machines.

As to misuse of devices

Further, Unauthorized use of computer passwords, access codes, or other similar data

that allows access to all or a portion of a computer system with the intent that it be used

for the purpose of committing any of the offenses listed in Republic Act 10175.

Unauthorized use of computer programs that are designed or modified for the purpose

of committing any of the offenses listed in Republic Act 10175.

Furthermore, cyberbullying involves breaking into someone’s computer (for instance,

hacking into someone’s Facebook account and posting pornographic content). The

Computer Misuse Act of 1990 may be applicable in certain circumstances. This law

forbids accessing computer data with the goal to facilitate or commit a crime, altering

data, and creating, getting, or supplying anything that could be used to misuse

computers

(Asam and samara 2016).

As to cybersquatting
Purchasing a domain name online with the intent to profit, deceive, damage reputation,

or prevent others from registering the name. This includes names of people other than

the registrant, acquired with intellectual property interests in it, and trademarks that

were already in existence at the time of registration. Those who obtain domain names of

well-known brands and people, which are then used to harm their reputation, may be

held liable under this provision. Note that freedom of expression and infringement on

trademarks or names of people are typically treated separately. A party can utilize their

right to free speech without necessarily infringing on other people’s names or brand’s

trademarks.

When social media became prominent, the scope of cybersquatting legislation

increased to social networks. It can be challenging to tell traditional trademark

infringement from cybersquatting in these circumstances. For instance, it would be

conventional infringement to use a branded name to boost search results for another

product. Cybersquatting, on the other hand, is claiming to be or represent a brand.

(Cybersquatting 2020).

In addition, the legislation relating to computer crime does not specifically address this

situation. In this instance, it is stated that since only a person may be victimized by the

fraud crime, machines cannot be deceived. Furthermore, it has been asserted that the

commission of the fraud crime is ruled out during computer fraud since individuals are

not in contact with one another in order to be able to deceive or trick one another, and

only it may be proposed in the law linked to computer fraud (Goldouzian, 2005).
 ANALYSIS

Multinational corporations, financial institutions, and embassies are among the targets

of sophisticated hacking. According to numerous risk consultants, if lawmakers in the

Philippines do not address cybercrime, it will continue to be a threat to individuals and

businesses alike. The Philippines’ investor confidence could be negatively impacted by

laws that do not cover information and communication technology (ICT). Business

process outsourcing (BPO) and information technology (IT)—two of the most important

sectors in the country—are particularly vulnerable to cybercrime, and the government’s

inadequate approach to protecting businesses will continue to affect investment. Other

sectors, such as banking and investment institutions, are also vulnerable. Despite the

fact that the websites of the Philippine government’s agencies have been compromised,

the government's response to the issue is lackluster. The general public relies on these

organizations for urgent assistance. The public’s confidence in the government’s efforts

to efficiently provide services that are quick, accurate, safe, and timely is undermined by

the impediment to its operations caused by cybercrimes."

The capacity of cybercrime to obstruct justice and compromise safety and security is

one of its more potent effects. Traditional methods for obstructing justice include the

following: destroying electronic evidence or generating false evidence; altering or

deleting court records to get rid of criminal charges or convictions, and threatening

judges and law enforcement; stifling crime-reporting systems and submitting false

reports of crimes. Additionally, it can assume the persona of a public official or law

enforcement officer. Malicious minds frequently use computer technology to carry out

their intentions. Computer technology can be used to undermine a nation’s essential

infrastructures, decrease its responding capacity in the event of foreign invasions, and

crack its fiscal stability. When a criminal breaks into the classified systems of the

national defense system and extracts data of top secrets and exchanges with foreign

countries for benefits More horrible.

 CONCLUSION

Controlling transnational cybercrime necessitates a comprehensive array of responses,

including voluntary and legally mandated cooperation. Since there are currently

widespread disparities among states in the legal, regulatory, or policy environment

regarding cybercrime, the government must actively pursue transnational initiatives,

either voluntary, informal exchange of information, or multilateral treaties, to establish a

common and substantial degree of cooperation in the investigation and prosecution of

cybercrime offenses.

Congress has yet to act on the pending bills aimed at enacting cybercrime law in the

Philippines despite all of the consolidation, revisions, and re-filing of the improved bills

in an effort to align them with the Budapest treaty.

When litigating cybercrime cases, judges and prosecutors must have technical

expertise.
To fight such a technical war, law enforcement agencies require specialized training and

equipment.

Lastly, capacity building efforts will be enhanced by tapping into all government-allied

regional and international agencies.

RECOMMENDATIONS

 Establish a specialized agency with the technical expertise necessary to regulate

and monitor cyber-activity.

 be staffed by law enforcement personnel with sufficient computer skills, technical

expertise, and extensive training in the operation of highly technical equipment.

 Law enforcement agencies should be given enough money to buy the tools,

equipment, and technical skills they need to protect network systems from

cybercrime attacks and keep upgrading them.

 For all computer network systems to prevent intrusions, infrastructure systems

like firewalls, encryption, and others are required.

 In order for everyone to become responsible and ethical users of computers and

information systems, advocacy efforts to raise awareness of the dangers posed

by cybercrime should be expanded to include public awareness.

  Continuous efforts to lobby Congressmen for the cybercrime bill's immediate

passage, including the issue of cyberterrorism.

 measures to build police officers' capacity to conduct cybercrime-related

investigations with a wide range of technical skills.

 In order to deal with the cutting-edge equipment used by today's cybercriminals,

technical equipment must also be updated due to rapid technological change.

BIBLIOGRAPHY

Electronic Sources:

Sherman. (2005). Organized crime has globalized and turned into a security
threat. United Nations : Office on Drugs and Crime. Retrieved on
February 21, 2023 from https://tinyurl.com/mu6yc9yy

SPAMfighter,2008.Computer Crime becoming a Headache for Philippines Police.

Retrieved on February 19, 2023 from: https://tinyurl.com/49hrhurj
 Brenner,Suan W. (2009). Threat Morphing in Cyber Space. In Cyberthreats:
EmergingFault Lines of the Nation-State New York: Oxford University Press.
Retrieved on February 18, 2023 from: https://tinyurl.com/5ct2vwu2

Avendaño, C. O. (2013). 87% of Filipino Internet users have been victims of

cybercrimes–DOJ. Retrieverd on February 21, 2023
From:https://tinyurl.com/bdhuwhdb

Cybercrime . (2015). Cybercrime Community. Retrieved on February 20 ,2023

from:https://tinyurl.com/mr45chjk

Gazette,. (2015). Google Scholar. Retrieved on February 18, 2023

from:https://tinyurl.com/5n6jyps5

Alipour H (20044). Cybercrime. Legal Studies. Retrieved on February 18, 2023 from:
https://tinyurl.com/muy3epbmmuy3epbm

Asam, A. E., & Samara, M. (2016, December 1). Cyberbullying and the law: A review of
psychological and legal challenges. Computers in Human Behavior; Elsevier BV.
Retrieved on February 20, 2023 from:https://tinyurl.com/yy8v5bpu

Cybersquatting Cases, Law, Lawsuit. (2020, May 3). California Trademark Attorneys.
Retrieved on February 23, 2023 from: https://www.mandourlaw.com/cybersquatting/

Goldouzian I (2005). Specific criminal law. Retrieved on February 22, 2023 from:
https://tinyurl.com/mr49x33n