Republic Act No.

10175
CYBERCRIME PREVENTION
ACT OF 2012
YOUR SPEAKER: Atty. CHRISTOPHER M.
HERNANDEZ
Supervising Agent
National Bureau of Investigation
Brief background:
The internet was developed for
communication and education
purposes. It evolved when enterprises
learned the presence of several
opportunities to yield benefits for
socialization and entertainment which
turned out to be misused for criminal
activities.
What is Cybercrime?
 CYBERCRIMES
are crimes committed :

a. with the use of Information

Technology; or
b. where a computer, network,
internet is the target; or
c. where the internet is the place of
activity.
 Before the enactment of
Cybercrime Law
Some cross-border cybercrime
incidents was very challenging on the
part of law enforcement because no
international framework was in place
to address cross-border investigations
and prosecution.
 Before the enactment of
Cybercrime Law
Another challenge was the lack of
law to define and penalize
cybercrimes including cooperation
of Internet Service Providers and
other telecom companies.
 With the enactment of
Cybercrime Law
The National Bureau of Investigation
(NBI) and Philippine National Police
(PNP) are the two agencies specifically
provided by law and mandated to
investigate cybercrimes, blessed with
foreign-funded trainings in computer
forensics and cybercrime investigation
techniques, thus organized their
cybercrime units (Sec. 10 of RA 10175).
 Salient features of Cybercrime
Prevention Act of 2012
• Internationally uniform definitions for cybercrime
offenses
• International cybercrime coordination efforts
• Expanded jurisdictional authority to prosecute
cybercrimes
• Greater authority granted to law enforcement
authorities, thus greater ability to combat
cybercrimes
• Stiffer penalties (one degree higher)
 Salient features of Cybercrime
Prevention Act of 2012
• AN ATTEMPT TO COMMIT CYBERCRIME IS
ALREADY PUNISHABLE. See Sec 5(b)
• Creation of Computer Emergency Response
Team
• Preservation of Computer Data (minimum period
of six (6) months)
So, what are cybercrime
offenses?
Sec 4(a) Crime against integrity, confidentiality and
availability of computer systems or data

(1) Illegal Access

(2) Illegal Interception
(3) Data Interference
(4) System Interference
(5) Misuse of Devices
(6) Cyber-squatting
Sec 4(b) Computer-related offenses

(1) Computer-related Forgery

(2) Computer-related Fraud

(3) Computer-related Identity Theft

 Sec 4(c) Content-related offenses

(1) Cybersex

(2) Child Pornography (RA 9775)

(3) Unsolicited Commercial Communications

(4) Libel
 Reminder: Freedom of expression
In Article III, Section 4 of the 1987
Constitution of the Philippines specifies
that no law shall be passed abridging the
Freedom of Speech or of Expression.
However, some laws limit this Freedom, for
example:
• Criminalizes libel and slander by act or
deed
• Protection of National Security, blasphemy
against decency and good customs
 Sec 5. Other Offenses

(a) Aiding or Abetting in the

Commission of Cybercrime

(b) Attempt in the Commission of

Cybercrime.
 Section 6.
All crimes defined and penalized by the
Revised Penal Code, as amended, and
special laws, if committed by, through and
with the use of information and
communications technologies shall be
covered by the relevant provisions of this
Act: Provided, That the penalty to be imposed
shall be one (1) degree higher than that
provided for by the Revised Penal Code, as
amended, and special laws, as the case may
be.
 MAIN OBJECTIVE IN
CYBERCRIME INVESTIGATION:

Identify and locate the

computer/device used in
accessing the internet and in
committing cybercrime.
What to do when there’s a
suspected cybercrime
incident?
Generally, we should resist the
temptation to implement a
quick fix by itself. Instead, we
should contact Computer Forensic
Specialist and leave the scene (i.e.
computers, networks, etc.)
undisturbed until the appropriate
professionals came.
 Importance of Hard Disk or
Computer as part of investigation
• Computer in cybercrime/digital forensic
investigator’s perspective, is not only a piece
of evidence, IT IS ACTUALLY A CRIME
SCENE. By examining thoroughly the
computer/hard disc, investigator will acquire
several pieces of evidence including but not
limited to modus operandi of the
Subject/Respondent. Likewise, this includes
other activities whether private or public.
 Cybercrimes
What motivates people to commit cybercrimes?
1. Curiosity.
2. Fun.
3. Ego.
4. Personal Reasons
(Stalking, Harassment, Vengeance, etc.).
5. Political Reasons/Power.
6. Espionage.
7. Financial Gains.
Questions

SA CHRISTOPHER M. HERNANDEZ
National Bureau of Investigation