MODULE 6 products and then try to get a court order to shut down
Threats to Computers and Communication Systems
1. ERRORS & ACCIDENTS
In general, errors and accidents in computer systems
may be classified as human errors, procedural errors, software
errors, “dirty data” problems, and electromechanical problems.
HUMAN ERRORS
• Humans often are not good at assessing their own information
needs
• Human emotions affect performance.
• Humans act on their perceptions.
• Human perception may be affected by
information overload It may also be affected by
unwarranted self-assurance about one’s own abilities
PROCEDURAL ERRORS
- Some spectacular computer failures have occurred
because someone didn’t follow procedures
SOFTWARE ERRORS
- We are forever hearing about “software glitches” or
“software bugs.”
- A software bug is an error in a program that causes it
not to work properly.
“DIRTY DATA” PROBLEMS
- Dirty data is incomplete, outdated, or otherwise
inaccurate data.
- Although databases are a timesaving resource for
information seekers, they can also act as catalysts,
speeding up and magnifying bad data.
ELECTROMECHANICAL PROBLEMS: ARE “NORMAL
ACCIDENTS” INEVITABLE?
Mechanical systems, such as printers, and electrical
systems, such as circuit boards, don’t always work. They may
be faultily constructed, get dirty or overheated, wear out, or
become damaged in some other way. Two examples:
• Electrical problems: Power failures (brownouts and
blackouts) can shut a system down. Power surges can also burn
out equipment.
• Voting machine breakdowns: As examples of how badly
information technology can work, we have only to consider
failures in voting machines, when printers jammed, servers
crashed, and poorly designed touch-screen ballots led voters to
make mistakes that invalidated their votes.
2. NATURAL HAZARDS
• Some disasters do not merely lead to temporary
system downtime; they can wreck the entire system.
• Whatever is harmful to property (and people) is
harmful to computers and communications systems.
This certainly includes natural disasters: fires, floods,
earthquakes, tornadoes, hurricanes, blizzards, and the
like. If they inflict damage over a wide area, as have ice
storms in eastern Canada or hurricanes in the Gulf
Coast states, natural hazards can disable all the
electronic systems we take for granted.
• Without power and communications connections,
cellphones, automated teller machines, credit card
verifiers, and bank computers are useless.
3. COMPUTER CRIMES
A computer crime can be of two types. (1) It can be an
illegal act perpetrated against computers or
telecommunications, or (2) it can be the use of computers
or telecommunications to accomplish an illegal act.
The following are crimes of both types.
THEFT OF HARDWARE
• Hardware theft can range from shoplifting an accessory
in a computer store to removing a laptop or cellular
phone from someone’s car.
• Professional criminals may steal shipments of
microprocessor chips off a loading dock or even pry
cash machines out of shopping-center walls.
THEFT OF SOFTWARE
• Pirated software, is software obtained illegally, as
when you make an illegal copy of a commercial video
game.
• This is so commonplace that software makers secretly
prowl electronic bulletin boards in search of purloined
the bulletin boards.
• They also look for organizations that “soft lift”—
companies, colleges, or other institutions that buy one
copy of a program and make copies for many
computers.
THEFT OF ONLINE MUSIC & MOVIES
• Many students may feel that illegally downloading
music and movies is a victimless crime, but to the
entertainment industry it is just plain piracy or theft.
THEFT OF TIME & SERVICES
• The theft of computer time is more common than you
might think. Probably the biggest instance is people
using their employer’s computer time to play games, do
online shopping, or dip into web pornography. Some
people even operate sideline businesses.
THEFT OF INFORMATION
They have infiltrated the files of the Social Security
Administration, stolen confidential personal records, and sold
the information. On college campuses, they have snooped on or
stolen private information such as grades. They have broken
into computers of the major credit bureaus and stolen credit
information and have then used the information to charge
purchases or have resold it to other people. They have
plundered the credit card numbers of millions of Americans and
sold stolen identity data to conspirators in other countries.
INTERNET-RELATED FRAUD
Internet or online service fraud is a runaway problem,
accounting for 90% of all consumerfraud complaints to the
Federal Trade Commission in 2008. The most common
complaints, according to the Internet Crime Complaint Center,
were non delivery of merchandise and/or payment (32.9%),
internet auction fraud (25.5%), and credit/debit card fraud
(9.0%).
TAKING OVER YOUR PC: ZOMBIES, BOTNETS, &
BLACKMAIL
• A zombie, or drone, a computer taken over covertly
and programmed to respond to instructions sent
remotely, often by instant-messaging channels.
• Botnet, short for “robot network,” a network of
computers compromised by means of a Trojan horse
that plants instructions within each PC to wait for
commands from the person controlling that network.
• These remote-controlled networks are best detected
by the internet access provider, which can block the
illicit network connections and help users disinfect their
PCs.
• The zombie computers and botnet are used to
launch phishing attacks or send spam messages. They
can also be used to launch denial-of-service attacks,
perhaps to extort money from the targeted sites in
return for halting the attacks.
• Blackmail has also been used in conjunction with the
theft of credit card numbers or documents.
CRIMES OF MALICE: CRASHING ENTIRE SYSTEMS
• Sometimes criminals are more interested in
abusing or vandalizing computers and
telecommunications systems than in profiting from
them. For example, a student at a Wisconsin campus
deliberately and repeatedly shut down a university
computer system, destroying final projects for dozens
of students; a judge sentenced him to a year’s
probation, and he left the campus.
4. COMPUTER CRIMINALS
INDIVIDUALS OR SMALL GROUPS
• individuals or members of small groups who use
fraudulent email and websites to obtain personal
information that can be exploited, either for monetary
gain or sometimes simply to show off their power and
give them bragging rights with other members of the
hacker/ cracker community.
EMPLOYEES
• Workers may use information technology for
personal profit or to steal hardware or information to
sell.
• They may also use it to seek revenge for real or
imagined wrongs, such as being passed over for
promotion; indeed, the disgruntled employee is a
principal source of computer crime.
OUTSIDE PARTNERS & SUPPLIERS
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 •Suppliers and clients may also gain access to a
company’s information technology and use it to commit
crimes, especially since intranets and extranets have
become more commonplace.
• Partners and vendors also may be the inadvertent
source of hacker mischief because their systems may
not be as well protected as the larger partner’s
networks and computers, and so a third party may
penetrate their security.
CORPORATE SPIES
• Competing companies or individuals may break into
a company’s computer system to conduct industrial
espionage—obtain trade secrets that they can use for
competitive advantages.
ORGANIZED CRIME
• Members of organized crime rings not only steal
hard ware, software, and data; they also use spam,
phishing, and the like to commit identity theft and online
fraud.
• Even street gangs now have their own web sites,
most of them perfectly legal, but some of them possibly
used as chat rooms for drug distribution. In addition,
gangs use computers the way legal businesses do—
as business tools—but they use them for illegal
purposes, such as keeping track of gambling debts and
stolen goods.
CYBERWAR FIGHTERS
• Cyberwarfare, or cyberwar, is the use of
computers and the internet to attack an enemy’s
information systems.
• Cyberwar may be conducted on the level of
psychological warfare, as has happened in the
Middle East, for instance, where Israeli and
Palestinian opponents in the Gaza war have used
cellphones to warn the other side of impending
attacks.
SECURITY: Safeguarding Computers & Communications
The ongoing dilemma of the Digital Age is balancing
convenience against security.
• Security is a system of safeguards for
protecting information technology against disasters,
system failures, and unauthorized access that can
result in damage or loss.
We consider five components of security
1. DETERRENTS TO COMPUTER CRIME
What are some ways to deter computer crime?
As information technology crime has become more
sophisticated, so have the people charged with preventing it and
disciplining its outlaws.
ENFORCING LAWS
• Law enforcement agencies regularly cruise online
bulletin boards and chat rooms looking for pirated
software, stolen trade secrets, child molesters, and
child pornography.
TOOLS FOR FIGHTING FRAUDULENT & UNAUTHORIZED
ONLINE USES
• Rule-based-detection software: In this technique, users
such as merchants create a “negative file” that states the criteria
each transaction must meet. (mga last digit ng sa resibo)
• Predictive-statistical-model software: In this technique, tons
of data from previous transactions are examined to create
mathematical descriptions of what a typical fraudulent
transaction is like. The software then rates incoming orders
according to a scale of risk based on their resemblance to the
fraud profile.
• Employee internet management (EIM) software: Programs
made by Websense, SmartFilter, and Pearl Echo-Suite are used
to monitor how much time workers spend on the web and even
block access to gambling and porn sites.
• Internet filtering software: Some employers use special
filtering software to block access to pornography, bootleg-music
download, and other unwanted internet sites that employees
may want to access.
• Electronic surveillance: Employers use various kinds of
electronic surveillance that includes visual and audio monitoring
technologies, reading of email and blogs, and recording of
keystrokes. Some companies even hire undercover agents to
pretend to be coworkers.
2. IDENTIFICATION & ACCESS
The systems try to authenticate your identity by determining
(1) what you have, (2) what you know, or (3) who you are.
WHAT YOU HAVE—CARDS, KEYS, SIGNATURES, &
BADGES
Credit cards, debit cards, and cash-machine cards all
have magnetic strips or built-in computer chips that identify you
to the machine. Of course, credit cards, keys, and badges can
be lost or stolen. Signatures can be forged. Badges can be
counterfeited.
WHAT YOU KNOW—PINs & PASSWORDS
• To gain access to your bank account through an automated
teller machine (ATM), you key in your PIN.
• A PIN (personal identification number) is the security
number known only to you that is required to access the
system.
• Telephone credit cards also use a PIN.
• passwords are special words, codes, or symbols required
to access a computer system. Passwords are one of the
weakest security links, and most can be easily guessed or
stolen.
WHO YOU ARE—PHYSICAL TRAITS
• Biometrics is the science of measuring individual body
characteristics.
• Biometric authentication devices authenticate a
person’s identity by verifying his or her physical or
behavioral characteristics with a digital code stored in a
computer system.
3. ENCRYPTION
• Encryption is the process of altering readable data
into unreadable form to prevent unauthorized access, and
it is what has given people confidence to do online
shopping and banking. Encryption is clearly useful for
some organizations, especially those concerned with trade
secrets, military matters, and other sensitive data.
Protection of Software & Data
CONTROL OF ACCESS
Access to online files is restricted to those who have a
legitimate right to access—because they need them to do their
jobs. Many organizations have a system of transaction logs for
recording all accesses or attempted accesses to data.
AUDIT CONTROLS
Many networks have audit controls for tracking which
programs and servers were used, which files opened, and so on.
This creates an audit trail, a record of how a transaction was
handled from input through processing and output.
PEOPLE CONTROLS
Because people are the greatest threat to a computer
system, security precautions begin with the screening of job
applicants.
• Résumés are checked to see if people did what they
said they did.
• separate employee functions, so that people are not
allowed to wander freely into areas not essential to their
jobs.
• Manual and automated controls—input controls,
processing controls, and output controls—are used to
check if data is handled accurately and completely during
the processing cycle.
• Printouts, printer ribbons, and other waste that may
reveal passwords and trade secrets to outsiders are
disposed of through shredders or locked trash barrels.
4. DISASTER-RECOVERY PLANS
A disaster-recovery plan is a method of restoring
information-processing operations that have been halted by
destruction or accident.
Mainframe computer systems are operated in separate
departments by professionals, who tend to have disaster plans.
Whereas mainframes are usually backed up, many personal
computers, and even entire local area networks, are not, with
potentially disastrous consequences.
• A disaster-recovery plan is more than a big fire drill. It
includes a list of all business functions and the hardware,
software, data, and people that support those functions, as
well as arrangements for alternate locations.
• The disaster recovery plan also includes ways for backing
up and storing programs and data in another location, ways
of alerting necessary personnel, and training for those
personnel.
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 Privacy & Surveillance
Surveillance implies an agent who accesses (whether
through discovery tools, rules or physical/logistical settings)
personal data. Privacy, in contrast, involves a subject who
restricts access to personal data through the same means.
Primary key
- assigned to a field, uniquely identifies each record in a
table. It tells the database program how your records
will be sorted, and it prevents duplicate entries.
- In the image, the primary key is the Contact ID field.

• Privacy is the right of people not to reveal information ➢ When you start Access, the window you see is similar to
about themselves other Microsoft Office applications in several ways – it
displays a title bar, the Ribbon and a status bar.
Data Collectors and Spies ➢ Unlike Word, Excel and Powerpoint, however, Access does
The rise of Big Data has led to continuing threats to not have a standard document view with the database.
privacy from three giant sources there are considered as the Furthermore, many of the Ribbon buttons are unique to
society’s data collectors and spies: Access.
1. From business organizations Using the data stored in the table, you can use Access
2. From governments, local to national to create the following objects: queries, forms and reports. A
3. From foreign governments and criminal groups query asks a question about the data stored in the table. The
Business & Cyberspying database program searches for and retrieves information from a
1. Almost everything we do online is being scooped table or tables to answer the questions. You use forms to enter
up and recorded for use by marketers, and it’s data into a table a report to print selected data. All of these
difficult to know what parts of our own lives still objects – tables, forms, queries and reports – are stored in a
belong to us. single file, which is the database.
2. Whatever the impact on your personal privacy, it EXPLORE MS ACCESS ENVIRONMENT
seems unlikely that you can claim ownership of a
lot of data that’s being collected about you. At
work, for instance, you basically have no rights.
Government & Cyber spying
• Governments at all levels spy on their citizens, sometimes
encouraged by the law, sometimes in spite of the law, often
unknown to us.
• Local police, national ID cards, National Security Agency
(NSA), FBI, drones, and so on
Spying, Hacking, & Cyberwarfare by Foreign Governments
& Groups
• The world is so interconnected that it is a constant struggle for
technology managers to keep us secure against cyber invasions
of all sorts.
• Governments get involved in cyberwarfare —warfare involving
computers and the Internet in which one nation attacks another’s
information systems.
CHAPTER SUMMARY
• Threats to computers and communication systems
includes errors and accidents, natural hazards,
computer crimes and computer criminals.
• The five components of security to protect computer
and communications are the deterrents to computer
crime, identification and access, encryption, protection
of software and data and disaster-recovery plans.
• Data collectors and spies in our society include
business organizations, governments and foreign
governments and criminal groups. Microsoft Access is a "relational" database
application.
MODULE 7 • Relational means we can link together sets of data, we
DATABASE CONCEPTS can relate the data.
• collection of related information organized in a • Access allows us to relate our data, without the
manner that provides for rapid search a retrieval. repetition that may occur anywhere else. In an Access
• A database management system (DBMS) is a database, we can create both of the datasets and link
software program that is used to create, maintain and them
provide controlled access to data.
• A database and spreadsheet are somewhat
similar.
• A database however, provides additional
comprehensive functions for manipulating data.
• In Access the data is saved in Tables. As the data in
Database Structure the Tables change, the rest of the Access database will
• A table is composed of columns and rows, reflect the newest information
referred to as fields and records in Access. • A Query can pull from multiple Tables and allow you to
limit the records (rows) display by using criteria and
showing only the fields (columns) you want
• Forms can be created to provide a "user‐friendly" side
to your database. They are used to view and enter your
data in an interactive formatted structure.

Following is a description of the three table

components identified in the above image:
• The rows in the table are called records.
• Each record is a group of related fields, such as all
of the information regarding each member in a
membership database or each customer in a customer
table.
• The columns in the table are called fields. Each field
contains a specific piece of information within a record
within a record.

3
Forms
• used to make menus and search windows that turn
a simple data collection tool into a more interactive
user‐friendly application.
Reports
• created to print out your data in a formatted structure.
• They allow you to group and organize your data.
• Access works beautifully with Word for mail merges,
but the Reports tool allows for the multi‐level
summaries
Planning the Database
1. Input ‐ What data do I already have for the database?
2. Output ‐ What information do I want to get out of the
database?
3. Process ‐ What do I need to do to get there?
Basic Access Objects Access consists of four main
database objects: Tables, Queries, Forms, and Reports.
• Each object has at least two views, Design and
"Data".
• The Design View is where we build the structure
of that database object.
• The data view shows the output of the data and
is different for each object.
• Tables and Queries have a Datasheet View
• Forms have a Form View, and Reports have a
Report View, or a Print Preview view.
Tables
• Tables store data.
• The Tables are the true 'database' (base of data).
• These need to be created and properly linked (related)
in order to effectively use the other Access tools.
• Tables are the core of your database everything else in
Access depends on the Tables.
The Design View of a Table allows you to create and modify: ‐
• Field Names (the column headings)
• The type of data stored in a field (Data Type).
Reports
• Reports are designed to create an organized output of
data from your database.
• With a Report, you can group and summarize
information.
• You can't edit the data in a Report, but if you make the
modifications in the Table, Query, or Form you will see
the results when you open the Report again.
• Reports have four basic views: Report View, Print
Preview, Layout View, and Design View
MANAGING DATA IN A TABLE
The Navigation Pane:
The Navigation Pane is a list containing every object
in your database. For easier viewing, the objects are organized
into groups by type. You can open, rename, and delete objects
using the Navigation Pane.
To Minimize and Maximize the Navigation Pane:
Click the double arrow in the upper-right corner of the
Navigation Pane to minimize and maximize.
Sorting the Objects in the Navigation Pane:
By default, objects are sorted by type, with the tables
in one group, the forms in another, etc. However, you can
change how the objects are sorted. Click the drop-down arrow
to the right of the All Access Objects and click on a sort option
from the list.
Understanding Views:
There are multiple ways to view a database object.
The two views for tables are Design View and Datasheet View.
• Design View is used to set the data types, insert or delete
fields, and set the Primary Key
• Datasheet View is used to enter and view the data for the
records
Switching Between Design View and Datasheet View:
Click the View arrow on the Home tab and click on
either Datasheet View or Design View
4
 2. When you have completed the record (row), press Enter
3. You can also click on the New record icon on the Home tab
in the Records group

Creating a Table:
A table is a collection of data about a specific topic,
such as employee information, products or customers. The first
step in creating a table is entering the fields and data types. This
can be done in either Datasheet View or Design View but it is
recommended to set up the table in Design View.
Navigating in a Table:
Use the arrows at the bottom of the table to navigate
among records.
Sorting Records in a Table:
1. Position your cursor in the field that you wish to sort
by clicking on any record in the table
2. Click either the Sort Ascending or Sort Descending
icon on the Home tab in the Sort & Filter group
CREATE FORM AND REPORT
Creating a Form:
A form is a database object that is used to enter or
display data in a database. To Create a Form:
1. Open the table or query on which you are basing the form
2. Click on the Create tab
3. Click on Form in the Forms group
A form is created and opens in Layout View.
Sample Form

Reports:
To Create a Table in Design View: Reports can be based on tables or queries. To Create
1. Click on the Create tab a Report:
2. Click on Table 1. Open the table or query on which you are basing the report
3. Switch over to Design View on the Home tab 2. Click on the Create tab
4. If prompted to save the table, enter a name and click on OK 3. Click on Report in the Reports group
5. Type the field names and select the appropriate data type for A report is created in Layout View.
each field Sample Report
6. Continue until all fields are added Note: The order that you
enter the field names is the order the fields will appear in the
table.
Setting a Primary Key:
The Primary Key is the unique identifier for each record
in a table. Access will not allow duplicate entries in a primary key
field. When creating a new table, Access automatically creates
a field “ID” with the autonumber data type, and assigns this as
the Primary Key. Printing Reports:
To Set a Primary Key: To Print a Report:
1. In Design View, position your cursor in the field you 1. Switch to Print Preview from View on the Design tab under
wish to set as the Primary Key Report Layout Tools
2. Click the Primary Key button on the toolbar 2. Click the Print icon
3. Save the table 3. Click on OK
Note: To turn off the Primary Key simply click on the Primary Key
button again. Different Views:
Input Masks: Print Preview – allows you see what the report would look like
An input mask is used to pre-format a field to “look/act” on a printed piece of paper
a certain way when a user inputs data. Examples: Social Report View – allows you to see the data without having to
Security Number input mask automatically inserts the dashes; display it in
phone numbers automatically inserts the parentheses and Print Preview Layout View – allows you make design changes
dashes. The input mask data can either be stored in the table or while browsing your data
simply displayed and not stored. Design View - gives you a more detailed view of the structure
To Create an Input Mask for a Field: of your report
1. In Design View, click in a field for which you’d like to apply QUERY
an input mask Queries: You use queries to view, change, and analyze data in
2. In the Field Properties section at the bottom of the screen, different ways. You can also use them as a source of records for
click in the Input Mask line and notice the Build button that forms and reports. To Create a Query:
appears at the right end of the line 1. Click on the Create tab
3. Click the Build button to start the Input Mask Wizard 2. Click on Query Design in the Queries group
4. Select the appropriate input mask 3. Select the table that you would like to base your query on
5. Click Next 4. Click Add
6. Click Next for additional screens on which you can set 5. Repeat steps 3 and 4 until all tables are added
options for the input mask 6. Close the Show Table window
7. Click Finish on the last screen of the input mask wizard The table(s) will now be displayed in the upper part of
To Save the Table: the Query Design Screen by boxes containing the
1. Click the Save icon on the toolbar tables’ fields
2. Enter a name for the table if you haven’t done so already 7. Double-click on the field names in the field list window which
3. Click OK you would like to include in the query
Entering Data in a Table:
1. In Datasheet View, start typing the data into the table by Sample Query
pressing the tab key to move to the next cell

5

Defining Criteria in the Query:
In order to control which records are displayed, you
must define criteria in a query. The most common type of query
is the Select Records query which will be discussed below.
To Define Criteria for Your Query:
1. Position your cursor in the criteria row in the field for which
you wish to define the criteria for
2. Type the criteria Example: To find all Excel courses:
3. Position your cursor in the criteria row of the Course ID field
4. Type Excel (Access adds the quote marks to the criteria
automatically when you tab to the next column)
5. Click the Run Query button
To Save the Query:
1. Click the Save icon
2. Enter a name for the query
3. Click OK
CHAPTER SUMMARY
• A database is a collection of related information
organized in a manner that provides for rapid search a
retrieval. A database management system (DBMS) is
a software program that is used to create, maintain and
provide controlled access to data.
• • Microsoft Access is a "relational" database
application. Relational means we can link together sets
of data, we can relate the data.
• • Basic Access Objects Access consists of four main
database objects: Tables, Queries, Forms, and
Reports. Each object has at least two views, Design
and "Data".
MODULE 8
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE
PREVENTION, INVESTIGATION, SUPPRESSION AND THE
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES
(Republic Act No. 10175)
PRELIMINARY PROVISIONS
Title. – This Act shall be known as the “Cybercrime Prevention
Act of 2012.”
Declaration of Policy. – The State recognizes the vital role of
information and communications industries such as content
production, telecommunications, broadcasting, electronic
commerce, and data processing, in the nation’s overall social
and economic development. The State also recognizes the
importance of providing an environment conducive to the
development, acceleration, and rational application and
exploitation of information and communications technology to
attain free, easy, and intelligible access to exchange and/or
delivery of information; and the need to protect and safeguard
the integrity of computer, computer and communications
systems, networks, and databases, and the confidentiality,
integrity, and availability of information and data stored therein,
from all forms of misuse, abuse, and illegal access by making
punishable under the law such conduct or conducts. In this light,
the State shall adopt sufficient powers to effectively prevent and
combat such offenses by facilitating their detection,
investigation, and prosecution at both the domestic and
international levels, and by providing arrangements for fast and
reliable international cooperation.
PROHIBITED ACTS
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 intentional access to the whole or any
part of a computer system without right.
2. Illegal Interception - 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; Provided, however, That it
shall not be unlawful for an officer, employee, or agent of a
service provider, whose facilities are used in the transmission of
communications, to intercept, disclose, or use that
communication in the normal course of his employment while
engaged in any activity that is necessary to the rendition of his
service or to the protection of the rights or property of the service
provider, except that the latter shall not utilize service observing
or random monitoring except for mechanical or service control
quality checks.
3. Data interference - the intentional or reckless alteration of
computer data without right.
4.System Interference - the intentional or reckless hindering
without right of the functioning of a computer system by
inputting, transmitting, deleting or altering computer data or
program.
5. Misuse of Devices –
a. The use, production, sale, procurement, importation,
distribution, or otherwise making available, without right, of:
i. a device, including a computer program, designed or
adapted primarily for the purpose of committing any of the
offenses under this Act; or
ii. a computer password, access code, or 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 this Act.
b. The possession of an item referred to in paragraphs 5(a) (i)
or (ii) above with intent to use said devices for the purpose of
committing any of the offenses under this Section.
Provided, That no criminal liability shall attach when the use,
production, sale, procurement, importation, distribution, or
otherwise making available, or possession of computer
devices/data referred to is for the authorized testing of a
computer system. Any person found guilty of any of the
punishable acts enumerated in Section 4A of this Act shall be
punished with imprisonment of prision mayor or a fine of at least
Two Hundred Thousand Pesos (Php200, 000.00) up to a
maximum amount commensurate to the damage incurred or
both.
B. Computer-related Offenses:
1. Computer-related Forgery –
a. the intentional input, alteration, or deletion of any
computer data without right resulting in inauthentic
data with the intent that it be considered or acted upon
for legal purposes as if it were authentic, regardless
whether or not the data is directly readable and
intelligible;
b. the act of knowingly using computer data which is
the product of computer-related forgery as defined
herein, for the purpose of perpetuating a fraudulent or
dishonest design.
2. Computer-related Fraud – the intentional and unauthorized
input, alteration, or deletion of computer data or program or
interference in the functioning of a computer system, causing
damage thereby, with the intent of procuring an economic
benefit for oneself or for another person or for the perpetuation
of 6 a fraudulent or dishonest activity; Provided, that if no
damage has yet been caused, the penalty imposable shall be
one degree lower.
3. 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; Provided, that if no damage has
yet been caused, the penalty imposable shall be one degree
lower.
Any person found guilty of any of the punishable acts
enumerated in Section 4B of this Act shall be punished with
imprisonment of prision mayor or a fine of at least Two Hundred
Thousand Pesos (Php200, 000.00) up to a maximum amount
commensurate to the damage incurred or both.
C. Content-related Offenses:
1. Cybersex – Any person who knowingly undertakes,
organizes or facilitates directly or indirectly, any
operation for the lascivious exhibition of sexual organs
or for sexual activity with the aid of or through the use
of a computer system, for a favor or consideration.
Any person found guilty of any of this punishable
offense shall be punished with imprisonment of prision
mayor or a fine of at least Five Hundred Thousand
Pesos (Php500,000.00) but not exceeding One Million
Pesos (Php1,000,000.00) or both.
Provided, that any person found guilty of committing
this punishable offense against three (3) or more
persons, individually or collectively, shall be punished
6
 with imprisonment one degree higher than that of the
prescribed penalty for the offense or a fine of more than
One Million Pesos (Php1,000,000.00) but not
exceeding Two Million Pesos (Php2,000,000.00) or
both.
2. 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
are prohibited unless: a. There is a prior affirmative
consent from the recipient; or b. The following
conditions are present:
i. The commercial electronic communication
contains a simple, valid, and reliable way for the
recipient to reject receipt of further commercial
electronic messages (‘opt-out’) from the same
source;
ii. The commercial electronic communication does
not purposely disguise the source of the electronic
message; and
iii. iii. The commercial electronic communication does
not purposely include misleading information in
any part of the message in order to induce the
recipients to read the message.
Any person found guilty of any of this punishable offense shall
be punished with a fine of at least Fifty Thousand Pesos
(Php50,000.00) but not exceeding Two Hundred Fifty Thousand
Pesos (Php250,000.00) for each transmission.
IMPLEMENTING AGENCIES
Law Enforcement Authorities. – There is created a Cybercrime
Center in the Philippine National Police (PNP), a Cybercrime
Division in the National Bureau of Investigation (NBI) and an
Office of Cybercrime in the Department of Justice (DOJ) to
implement the provisions of this Act. The specialized units shall
be adequately resourced and staffed with cyber-trained
personnel.
Powers and Functions. – The PNP Cybercrime Center and NBI
Cybercrime Division shall have the following powers and
functions
a. To investigate all cybercrimes where computer
systems are involved;
b. To conduct data recovery and forensic analysis on
computer systems and other electronic evidence
seized as provided under Chapter IV of this Act;
c. To formulate guidelines in investigation, forensic
evidence recovery, and forensic data analysis
consistent with industry standard practices;
d. To provide technological support to investigate units
within the PNP and NBI including the search, seizure,
evidence preservation, forensic recovery of data from
crime scenes and systems used in crimes and to
provide testimonies;
e. To develop public, private sector, and law enforcement
agency relations in addressing cybercrimes;
f. To maintain necessary and relevant databases for
statistical and/or monitoring purposes; and
g. To develop capacity within their organizations in order
to perform such duties necessary for the enforcement
of this act.
The DOJ Office of Cybercrime shall have the following powers
and functions:
a. To act as a central authority for all requests for
assistance for investigation or proceedings concerning
criminal offenses, facilitate the provisions of legal or
technical advice, preservation and production of data,
collection of evidence, giving legal information and
locating suspects;
b. To act on complaints/referrals of cybercrime offenses
and other violations of this Act;
c. To issue preservation and production orders
addressed to service providers, subpoena duces
tecum, subpoena ad testificandum and summon
witnesses to appear in any investigation or
proceedings for cybercrime offenses;
d. To cause the filing of complaints for the prosecution of
cybercrime offenses;
e. To punish any person who fails to comply with the
orders under Chapter IV of this Act, for direct and
indirect contempt;
f. To request the different government agencies for
assistance in obtaining information necessary for the
proper discharge of its responsibilities under this Act,
and examine, if necessary, the pertinent records and
documents in the possession of such government
agency;
g. To require the PNP Cybercrime Center and the NBI
Cybercrime Division to submit timely and regular
reports including pre-operation, post-operation and
investigation results and such other documents for
review and monitoring;
h. To facilitate international cooperation on intelligence,
investigations, training and capacity building related to
cybercrime prevention, suppression and prosecution;
and
i. To perform such other functions as it may deem
appropriate and necessary for the proper enforcement
of this Act.
j.
Information and Communications Technology Office. – The
Information and Communications Technology Office (ICTO)
shall be responsible for formulating and implementing a national
cyber security plan and extending immediate assistance for the
suppression of real-time commission of cybercrime offenses
through a computer emergency response team (CERT).
Cybercrime Courts. – There shall be designated special courts
manned by cyber-trained judges to handle cybercrime cases.
Preservation of Computer Data. – The integrity of traffic data
and subscriber information relating to communication services
provided by a service provider shall be preserved for a minimum
period of six (6) months from the date of the transaction. Content
data shall be similarly preserved for six (6) months from the date
of receipt of the order from the central authority requiring its
preservation.
The central authority may order a one-time extension for another
six (6) months provided that once computer data preserved,
transmitted or stored by a service provider is used as evidence
in a case, the service provider shall transmit and endorse the
computer data to central authority.
The service provider ordered to preserve computer data shall
keep confidential the order and its compliance.
Disclosure of Computer Data. – The central authority shall
issue an order requiring any person or service provider to
disclose or submit subscriber’s information, traffic data or
relevant data in his/its possession or control within seventy two
(72) hours from receipt of the order in relation to a valid
complaint officially docketed and assigned for investigation and
the disclosure is necessary and relevant for the purpose of
investigation.
Search, Seizure and Examination of Computer Data. –
Where a search and seizure warrant is properly issued, the law
enforcement authorities shall likewise have the following powers
and duties: Within the time period specified in the warrant, to
conduct interception, as defined in this Act, content of
communications, procure the content of data either directly,
through access and use of computer system, or indirectly,
through the use of electronic tapping devices, in real time or at
the same time that the communication is occurring and:
a. To secure a computer system or a computer data
storage medium;
b. To make and retain a copy of those computer data
secured;
c. To maintain the integrity of the relevant stored
computer data;
d. To conduct examination of the computer data storage
medium; and
e. To render inaccessible or remove those computer data
in the accessed computer or computer and
communications network.
Law enforcement authorities may request for an extension of
time to complete the examination of the computer data storage
medium and to make a return thereon but in no case for a period
longer than thirty (30) days from date of approval by the court.
Restricting or Blocking Access to Computer Data. – When a
computer data is prima facie found to be violative of the
provisions of this Act, the central authority shall issue an order
to restrict or block access to such computer data.
Non-compliance. – Failure to comply with the provisions of
Chapter IV shall be punished as a violation of P.D. No. 1829 with
imprisonment of prision correccional in its maximum period or a
fine of One Hundred Thousand Pesos (Php100,000.00) or both,
for each and every non-compliance with such an order
7
 INTERNATIONAL COOPERATION
General Principles Relating to International Cooperation —
All relevant international instruments on international
cooperation in criminal matters, arrangements agreed on the
basis of uniform or reciprocal legislation, and domestic laws, to
the widest extent possible for the purposes of investigations or
proceedings concerning criminal offenses related to computer
systems and data, or for the collection of evidence in electronic
form of a criminal, offense shall be given full force and effect.
COMPETENT AUTHORITIES
Department of Justice (DOJ). — There is hereby created an
Office of Cybercrime within the DOJ designated as the central
authority in all matters related to international mutual assistance
and extradition.
Cybercrime Investigation and Coordinating Center.
— There is hereby created, within thirty (30) days from the
effectivity of this Act, an inter-agency body to be known as the
Cybercrime Investigation and Coordinating Center (CICC),
under the administrative supervision of the Office of the
President, for policy coordination among concerned agencies
and for the formulation and enforcement of the national
cybersecurity plan.
Composition. — The CICC shall be headed by the Executive
Director of the Information and Communications Technology
Office under the Department of Science and Technology (ICTO-
DOST) as Chairperson with the Director of the NBI as Vice
Chairperson; the Chief of the PNP; Head of the DOJ Office of
Cybercrime; and one (1) representative from the private sector
and academe, as members. The CICC shall be manned by a
secretariat of selected existing personnel and representatives
from the different participating agencies.
FINAL PROVISIONS
Waiver of Bank Secrecy. – Any investigation of cybercrime
offenses under this Act that necessarily includes an inquiry to
any particular deposit or investment with any banking institution
or non-bank financial institution shall be considered as an
exception to the absolute confidential nature of all deposits
provided under R.A. No. 1405.
TEN COMMANDMENTS OF COMPUTER ETHICS
The Ten Commandments of Computer Ethics were created
in 1992 by the Computer Ethics Institute. The commandments
were introduced in the paper "In Pursuit of a 'Ten
Commandments' for Computer Ethics" by Ramon C. Barquin as
a means to create "a set of standards to guide and instruct
people in the ethical use of computers." They followInternet
Advisory Board's memo on ethics from 1987. The Ten
Commandments of Computer Ethics copies the archaic style of
the Ten Commandments from the King James Bible.
The commandments have been widely quoted in
computer ethics literature but also have been criticized by both
the hacker community and some in academia. For instance, Dr.
Ben Fairweather of the "Centre for Computing and Social
Responsibility" has described them as "simplistic" and overly
restrictive.
The CISSP — an organization of computer security
professionals — has used the commandments as a foundation
for its own ethics rules.
Commandment 1
Simply put: Do not use the computer in ways that may
harm other people.
Explanation: This commandment says that it is
unethical to use a computer to harm another user. It is
not limited to physical injury. It includes harming or
corrupting other users' data or files. The
commandment states that it is wrong to use a computer
to steal someone's personal information. Manipulating
or destroying files of other users is ethically wrong. It is
unethical to write programs, which on execution lead to
stealing, copying or gaining unauthorized access to
other users' data. Being involved in practices like
hacking, spamming, phishing or cyber bullying does
not conform to computer ethics.
Examples: Sending virus in order to hack personal
information and exposing to the others.
• Commandment 2
Simply put: Do not use computer technology to cause
interference in other users' work.
Explanation: Computer software can be used in ways
that disturb other users or disrupt their work. Viruses,
for example, are programs meant to harm useful
computer programs or interfere with the normal
functioning of a computer. Malicious software can
disrupt the functioning of computers in more ways than
one. It may overload computer memory through
excessive consumption of computer resources, thus
slowing its functioning. It may cause a computer to
function wrongly or even stop working. Using malicious
software to attack a computer is unethical.
Examples: Deleting friend's essay document and
saying I was just playing.
• Commandment 3
Simply put: Do not spy on another person's computer
data.
Explanation: We know it is wrong to read someone's
personal letters. On the same lines, it is wrong to read
someone else's email messages or files. Obtaining
data from another person's private files is nothing less
than breaking into someone's room. Snooping around
in another person's files or reading someone else's
personal messages is the invasion of his privacy. There
are exceptions to this. For example, spying is
necessary and cannot be called unethical when it is
done against illegitimate use of computers. For
example, intelligence agencies working on cybercrime
cases need to spy on the internet activity of suspects.
Examples: Look for students' grades from the teachers'
computers
• Commandment 4
Simply put: Do not use computer technology to steal
information.
Explanation: Stealing sensitive information or leaking
confidential information is as good as robbery. It is
wrong to acquire personal information of employees
from an employee database or patient history from a
hospital database or other such information that is
meant to be confidential. Similarly, breaking into a bank
account to collect information about the account or
account holder is wrong. Illegal electronic transfer of
funds is a type of fraud. With the use of technology,
stealing of information is much easier. Computers can
be used to store stolen information.
Examples: Taking someone's personal information or
idea to use without any approval
• Commandment 5
Simply put: Do not contribute to the spread of
misinformation using computer technology.
Explanation: Spread of information has become viral
today, because of the Internet. This also means that
false news or rumors can spread speedily through
social networking sites or emails. Being involved in the
circulation of incorrect information is unethical. Mails
and pop-ups are commonly used to spread the wrong
information or give false alerts with the only intent of
selling products. Mails from untrusted sources
advertising certain products or spreading some hard-
8
 to-believe information, are not uncommon. Direct or
indirect involvement in the circulation of false
information is ethically wrong. Giving wrong
information can hurt other parties or organizations that
are affected on that particular theme.
Examples: Posting something like "He or she did ...."
without any proves
• Commandment 6
Simply put: Refrain from copying software or buying
pirated copies. Pay for software unless it is free.
Explanation: Like any other artistic or literary work,
software is copyrighted. A piece of code is the original
work of the individual who created it. It is copyrighted
in his name. In case of a developer writing software for
the organization he works for, the organization holds
the copyright for it. Copyright holds true unless its
creators announce it is not. Obtaining illegal copies of
copyrighted software is unethical. It is not easy to do
such things and in the end it will just be copied illegally.
Examples: Cracking demo program and using it
forever
• Commandment 7
Simply put: Do not use someone else's computer
resources unless authorized to.
Explanation: Multi-user systems have user specific
passwords. Breaking into some other user's password,
thus intruding his private space is unethical. It is not
ethical to hack passwords for gaining unauthorized
access to a password-protected computer system.
Accessing data that you are not authorized to access
or gaining access to another user's computer without
his permission is not ethical. Privacy will always be
applied to such resources and were not supposed to
get exposed and hack in such ways that is not yours.
Examples: Using site's information and publishing a
book without the source to earn benefit
• Commandment 8
Simply put: It is wrong to claim ownership on a work
which is the output of someone else's intellect.
Explanation: Programs developed by a software
developer are his/her property. If he is working with an
organization, they are the organization's property.
Copying them and propagating them in one's own
name is unethical. This applies to any creative work,
program or design. Establishing ownership on a work
which is not yours is ethically wrong. Originality of any
software/programs are to be keep safe and trying to
claim ownership will cause a viral disputes.
Examples: Posting New movie that just came out on
Youtube
• Commandment 9
Simply put: Before developing a software, think about
the social impact it can have.
Explanation: Looking at the social consequences that
a program can have, describes a broader perspective
of looking at technology. A computer software on
release, reaches millions. Software like video games
and animations or educational software can have a
social impact on their users. When working on
animation films or designing video games, for example,
it is the programmer's responsibility to understand his
target audience/users and the effect it may have on
them. For example, a computer game for kids should
not have content that can influence them negatively.
Similarly, writing malicious software is ethically wrong.
A software developer/development firm should
consider the influence their code can have on the
society at large.
Examples: Making program that can spy on other
people's computer
• Commandment 10
Simply put: In using computers for communication, be
respectful and courteous with the fellow members.
Explanation: The communication etiquette we follow in
the real world applies to communication over
computers as well. While communicating over the
Internet, one should treat others with respect. One
should not intrude others' private space, use abusive
language, make false statements or pass irresponsible
remarks about others. One should be courteous while
communicating over the web and should respect
others' time and resources. Also, one should be
considerate with a novice computer user.
Examples: Chatting with someone using curse words
Republic Act No. 8293 [An Act Prescribing the Intellectual
Property Code and Establishing the Intellectual Property
Office, Providing for Its Powers and Functions, and for
Other Purposes]otherwise known as the Intellectual
Property Code of the Philippines.
Intellectual Property (IP)
Philippine Definition: Intellectual Property is an intangible
asset that can be protected from theft or unauthorized use. Any
person can own IP and have the right to sell or give it to others.
American Definition: Intellectual property is a property right
that can be protected under federal and state law, including
copyrightable works, ideas, discoveries, and inventions. The
term intellectual property relates to intangible property such as
patents, trademarks, copyrights, and trade secrets. Thus, in
today's legal marketplace most registered patent attorneys hold
themselves out as intellectual property law attorneys, as
opposed to merely a patent attorney.
State policy declaration:
The State recognizes that an effective intellectual and
industrial property system is vital to the development of
domestic and creative activity, facilitates transfer of
technology, attracts foreign investments, and ensures
market access for our products. It shall protect and
secure the exclusive rights of scientists, inventors,
artists and other gifted citizens to their intellectual
property and creations, particularly when beneficial to
the people, for such periods as provided in this Act.
The use of intellectual property bears a social
function. To this end, the State shall promote the
diffusion of knowledge and information for the
promotion of national development and progress and
the common good.
It is also the policy of the State to streamline
administrative procedures of registering patents,
trademarks and copyright, to liberalize the registration
on the transfer of technology, and to enhance the
enforcement of intellectual property rights in the
Philippines.
Effect on international conventions and on principle
of reciprocity:
Any person who is a national or who is domiciled or has
a real and effective industrial establishment in a
country which is a party to any convention, treaty or
agreement relating to intellectual property rights or the
repression of unfair competition, to which the
Philippines is also a party, or extends reciprocal rights
to nationals of the Philippines by law, shall be entitled
to benefits to the extent necessary to give effect to any
provision of such convention, treaty or reciprocal law,
in addition to the rights to which any owner of an
intellectual property right is otherwise entitled by this
Act.
Parts of the law:
The Intellectual Property Code of the Philippines is
divided into five [5] parts, to wit:
PART I - The Intellectual Property Office
PART II - The Law on Patents
PART III - The Law on Trademarks, Service
Marks and Trade Names
PART IV - The Law on Copyright
PART V - Final Provisions
Government Agencies:
The agency of the government in charge of the
implementation of the Intellectual Property Code is the
Intellectual Property Office which replaced the Bureau
of Patents, Trademarks and Technology Transfer. It is
divided into six [6] Bureaus, namely:
9
 [1] Bureau of Patents;
[2] Bureau of Trademarks;
[3] Bureau of Legal Affairs;
[4] Documentation, Information and Technology
Transfer Bureau;
[5] Management Information System and EDP
Bureau; and
[6] Administrative, Financial and Personnel
Services Bureau
POWERS AND FUNCTIONS OF THE INTELLECTUAL
PROPERTY OFFICE FROM SEC. 5 OF THE INTELLECTUAL
PROPERTY LAW (RA 8293) AS AMENDED:
Section 5. Functions of the Intellectual Property Office (IPO).
- 5.1. To administer and implement the State policies declared
in this Act, there is hereby created the Intellectual Property
Office (IPO) which shall have the following functions:
a) Examine applications for grant of letters patent for inventions
and register utility models and industrial designs;
b) Examine applications for the registration of marks, geographic
indication, integrated circuits;
c) Register technology transfer arrangements and settle
disputes involving technology transfer payments covered by the
provisions of Part II, Chapter IX on Voluntary Licensing and
develop and implement strategies to promote and facilitate
technology transfer;
d) Promote the use of patent information as a tool for technology
development;
e) Publish regularly in its own publication the patents, marks,
utility models and industrial designs, issued and approved, and
the technology transfer arrangements registered;
f) Administratively adjudicate contested proceedings affecting
intellectual property rights; and
g) Coordinate with other government agencies and the private
sector efforts to formulate and implement plans and policies to
strengthen the protection of intellectual property rights in the
country.
5.2. The Office shall have custody of all records, books,
drawings, specifications, documents, and other papers and
things relating to intellectual property rights applications filed
with the Office. (n)
DIFFERENT RIGHTS PROTECTED BY THE INTELLECTUAL
PROPERTY OFFICE FROM SEC. 4.1 OF THE
INTELLECTUAL PROPERTY LAW (RA 8293) AS
AMENDED: The term "intellectual property rights" consists of:
a) Copyright and Related Rights; Copyright relates to literary
and artistic creations, such as books, music, paintings and
sculptures, films and technology-based works (such as
computer programs and electronic databases). In certain
languages, copyright is referred to as authors’ rights. Although
international law has brought about some convergence, this
distinction reflects an historic difference in the evolution of these
rights that is still reflected in many copyright systems. The
expression copyright refers to the act of copying an original work
which, in respect of literary and artistic creations, may be done
only by the author or with the author’s permission. Related
rights, also referred to as neighboring rights, protect the legal
interests of certain persons and legal entities that contribute to
making works available to the public or that produce subject
matter which, while not qualifying as works under the copyright
systems of all countries, contains sufficient creativity or technical
and organizational skill to justify recognition of a copyright-like
property right. The law of related rights deems that the
productions that result from the activities of such persons and
entities merit legal protection as they are related to the
protection of works of authorship under copyright. Some laws
make clear, however, that the exercise of related rights should
leave intact, and in no way affect, the protection of copyright.
b) Trademarks and Service Marks; A trademark is a tool used
that differentiates goods and services from each other. It is a
very important marketing tool that makes the public identify
goods and services. A trademark can be one word, a group of
words, sign, symbol, logo, or a combination of any of these.
Generally, a trademark refers to both trademark and service
mark, although a service mark is used to identify those marks
used for services only. Trademark is a very effective tool that
makes the public remember the quality of goods and services.
Once a trademark becomes known, the public will keep on
patronizing the products and services. If utilized properly, a
trademark can become the most valuable business asset of an
enterprise. In addition to making goods and services distinctive,
the owner of a mark may earn revenues from the use of the mark
by licensing its use by another or though franchising
agreements. One can be an owner of a trademark or service
mark, whether or not it is registered. This is common law
protection. Registration is proof of ownership and makes
ownership rights easier to enforce. The basic question in
lawsuits over marks is whether or not the general public is likely
to be confused as to the origin of the service or product.
c) Geographic Indications; Indications which identify a good
as originating in the territory of a Member, or a region or locality
in that territory, where a given quality, reputation or other
characteristic of the good is essentially attributable to its
geographic origin. Geographical indications are quality
indicators, are widely used by producers, distributors and
retailers as an advertising or promotional tool to attract
consumers and investors.
d) Industrial Designs; The industrial design as any composition
of lines or colors or any three-dimensional form, whether or not
associated with lines or colors; provided that such composition
or form gives a special appearance to and can serve as pattern
for an industrial product or handicraft. Simply put, it is that aspect
of a useful article which is ornamental or aesthetic.
Generally, industrial designs are important for handicrafts,
jewelry, mobile phones, packaging materials, furniture, electrical
appliances, accessories, boxes, architectural structures and
other products. It is important to protect an industrial design
because it enables the owner to prevent others from copying or
imitating the industrial design without his consent. He can also
prevent parties from importing, selling, manufacturing or making
products bearing his industrial design
e) Patents; A Patent is a grant issued by the government
through the Intellectual Property Office of the Philippines (IP
Philippines). It is an exclusive right granted for a product,
process or an improvement of a product or process which is
new, inventive and useful. This exclusive right gives the inventor
the right to exclude others from making, using, or selling the
product of his invention during the life of the patent. A patent has
a term of protection of twenty (20) years providing an inventor
significant commercial gain. In return, the patent owner must
share the full description of the invention. This information is
made available to the public in the form of the Intellectual
Property Official Gazette and can be utilized as basis for future
research and will in turn promote innovation and development.
f) Layout-Designs (Topographies) of Integrated Circuits;
and Integrated Circuits are commonly known as “chips” or
“micro-chips”. They are the electronic circuits in which all the
components (transistors, diodes and resistors) have been
assembled in a certain order on the surface of a thin semi-
conductor material (usually silicon).
g) Protection of Undisclosed Information (n, TRIPS) This
refers to a process, formula, tool, plan, mechanism or compound
that is only known by the owner or disclosed to a selected
number of employees. The trade secret is used to produce a
service or product with commercial value.
Significant features of the law:
1. A shift was made from the "first-to-invent
system" under R. A. 165 [old law] to "first-to-file
system" under the new law.
2. In the case of inventions, the period of the grant
was increased from 17 years from grant under the old
law to 20 years from date of filing under the new law.
3. In the case of utility models, the previous grant
of 5 years plus renewals of 5 years each under the old
law was changed to 7 years without renewal under the
new law.
4. In the case of industrial designs, the previous
grant of 5 years plus renewals of 5 years each was
maintained.
5. Under the old law, there was no opposition
proceedings and the examination is mandatory; under
the new law, the examination is made only upon
request [possibly with or without examination].
6. Under the old law, publication is made after the
grant; under the new law, publication is effected after
18 months from filing date or priority date.
7. Under the old law, the penalties for repetition of
infringement are: PhP10,000 and/or 5 years of
imprisonment and the offense prescribes in 2 years;
under the present law, the penalties range from
PhP100,000 to PhP300,000 and/or 6 months to 3 years
of imprisonment and the offense prescribes in 3 years.
Significant changes in the trademark law:
The significant changes in the trademark law under
the old law [R. A. No. 166] and the present law are as
follows:
10
 1. Under the former, the element of use before
filing a local application is a requirement although this
is not required when the application is based on foreign
registration; while under the latter, the element of use
has been eliminated as a requirement for application.
2. Under the former, the term granted is 20 years
renewable for 20-year periods; while under the latter,
the term is for 10 years, renewable for 10-year periods.
3. Under the former, the affidavit of use or non-use
is required on the 5th, 10th and 15th anniversaries;
while under the latter, proof of use within 3 years from
the filing of the application is required and the affidavit
of use should be filed within 1 year from the 5th
anniversary.
4. Under the former, a Supplemental Register is
required to be maintained; while under the latter, it is
no longer required.
5. Under the former law, penalties for
infringement, unfair competition, false designation of
origin and false description or representation range
from fine of PhP500 to PhP2,000 and/or 6 months to 3
years and 4 months of imprisonment; while under the
latter law, the penalties range from fine of PhP50,000
to PhP200,000 and/or 2 to 5 years of imprisonment.

Significant changes in the copyright law:

It is now required that after the first public dissemination of

performance by authority of the copyright owner of certain
specified work, there shall, for the purpose of completing the
records of the National Library and the Supreme Court library,
within three (3) weeks, be registered and deposited with it, by
personal delivery or by registered mail, two (2) complete copies
or reproductions of the work in such form as the directors of said
libraries may prescribe.

The scheme of penalties for infringement has also been

changed. From the previous fine of Php200 to Php2,000 and/or
imprisonment of 1 year, the current range of penalties are as
follows:
For first offenders - fine of PhP50,000 to
PhP150,000 and/or imprisonment of 1 to 3 years
For second offenders - fine of PhP150,000 to
PhP500,000 and/or imprisonment of 3 to 6
years
For third and subsequent offenders - fine of
PhP500,000 to PhP1.5 Million and/or
imprisonment of 6 to 9 years.
In case of insolvency, the offender shall furthermore suffer
subsidiary imprisonment.

CHAPTER SUMMARY
• (Republic Act No. 10175) or the Cybercrime
Prevention Act of 2012 is the law that govern
Cybercrime, Providing For The Prevention,
Investigation, Suppression And The Imposition Of
Penalties Therefor And For Other Purposes

• The Ten Commandments of Computer Ethics were

created in 1992 by the Computer Ethics Institute. The
commandments were introduced in the paper "In
Pursuit of a 'Ten Commandments' for Computer
Ethics" by Ramon C. Barquin as a means to create "a
set of standards to guide and instruct people in
the ethical use of computers."

• Republic Act No. 8293 [An Act Prescribing the

Intellectual Property Code and Establishing the
Intellectual Property Office, Providing for Its Powers
and Functions, and for Other Purposes]otherwise
known as the Intellectual Property Code of the
Philippines which governs Intellectual property in the
Philippines.

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