Updates on

Relevant Legislation for

Today’s Guidance Counselors
Child Abuse
CHILD ABUSE
8 in 10 children and young people in the
Philippines have experienced some form of
violence in their lifetime that usually begins at
home.

- Council for the Welfare of Children

(CWC) and the United Nations Children’s
Fund (UNICEF)
CHILD ABUSE
•They think it is normal if their parents hit
them because they are only being disciplined
and being loved.
•Violent discipline is driven by social norms
around the use and effectiveness of
discipline, authoritarian parenting and
parents’ levels of education.
CHILD ABUSE
• The parental histories of physical abuse when children were
growing up combined with financial stress and substance
misuse create a “toxic trio” of risk factors for physical
violence in the home.
• Any form of violence could result in trauma and a vicious
cycle due to the mentality that using physical force is
normal.
• Experiencing childhood or familial sexual violence and
experiencing or being exposed to violence in the home
increases the risk that children will use or experience
violence against partners, peers and family members.
CHILD ABUSE
"Child abuse" refers to the maltreatment, whether
habitual or not, of the child which includes any of the
following: xxx

• Psychological and physical abuse, neglect, cruelty,

sexual abuse and emotional maltreatment;
• Any act by deeds or words which debases, degrades
or demeans the intrinsic worth and dignity of a child
as a human being;
CHILD ABUSE
It includes;
• Child Prostitution and Other Sexual Abuse.
• Child Trafficking
• Obscene Publications and Indecent Shows.
CHILD ABUSE
National Council on Disability Affairs:
-counselors, teachers, and administration should be
aware of the sickness or disabilities of the child. Never
compare their sickness to misbehavior.
• For children with special needs (e.g. with
psychological cases), forcing, pushing or any sign of
hard handling is considered as abuse to them.
Bullying…
BULLYING
Any severe or repeated use by one or more students of
a written, verbal or electronic expression, or a physical
act or gesture, or any combination thereof, directed at
another student that has the effect of actually causing
or placing the latter in reasonable fear of physical or
emotional harm or damage to his property; creating a
hostile environment at school for the other student;
infringing on the rights of the other student at school;
or materially and substantially disrupting the education
process or the orderly operation of a school
BULLYING
a. Any unwanted physical contact between the
bully and the victim like punching, pushing,
shoving, kicking, slapping, tickling, headlocks,
inflicting school pranks, teasing, fighting and the
use of available objects as weapons;
BULLYING
b. Any act that causes damage to a victim’s psyche
and/or emotional well-being;

c. Any slanderous statement or accusation that

causes the victim undue emotional distress like
directing foul language or profanity at the target,
name-calling, tormenting and commenting
negatively on victim’s looks, clothes and body;
and
BULLYING

d. Cyber-bullying or any bullying done through

the use of technology or any electronic means.
Obligations and Role of the School
All elementary and secondary schools must adopt policies to
address the existence of bullying in their respective institutions
which
• Prohibits bullying
• Identify the range of disciplinary administrative actions
that may be taken against a perpetrator for bullying or
retaliation
• Establish clear procedures and strategies for reporting and
responding to incidents, protection, counseling, and
restoration of sense of safety to the victim
• Educate against bullying (parents & students)
 DATA
BREACH

THREATS TO
PRIVACY
AND
SECURITY
 In 2018…
Of the 106,512,074 Filipinos,
67,000,000 are active internet
users, 62,000,000 of whom
are active on Facebook.
 REPUBLIC ACT NO. 10173

AN ACT PROTECTING INDIVIDUAL PERSONAL

INFORMATION IN INFORMATION AND
COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND
THE PRIVATE SECTOR, CREATING FOR THIS PURPOSE A
NATIONAL PRIVACY COMMISSION, AND FOR OTHER
PURPOSES

"Data Privacy Act of 2012″

Duties to Data Subjects
Assure data subjects of their rights;
THE RIGHT TO BE INFORMED
THE RIGHT TO OBJECT
THE RIGHT TO ACCESS
THE RIGHT TO RECTIFY
THE RIGHT TO ERASURE OR BLOCKING
THE RIGHT TO DATA PORTABILITY
THE RIGHT TO FILE A COMPLAINT
THE RIGHT TO DAMAGES
Duties to Data Subjects
Schools upon enrolment should assure students or parents about
their privacy rights. Every school should also have the Data Privacy
Law as guide present in the Registrar for clarification.

Clients have their very right to ask where and how will the school
use their data.
More Cybercrimes
1. Revised Penal Code - ACT No. 3815 (December 8, 1930);
Art. 353. LIBEL -

A libel is public and malicious imputation of a crime, or of a vice or defect, real or

imaginary, or any act, omission, condition, status, or circumstance tending to
cause the dishonor, discredit, or contempt of a natural or juridical person, or to
blacken the memory of one who is dead. (6 mos & 1 day to 4 yrs & 2 mos + fine)

There is a presumption of malice in the case of every defamatory imputation, where

there is no showing of a good intention or justifiable motive for making such imputation.

There is publication if the material is communicated to a third person. It is not

required that the person defamed has read or heard about the libelous remark. What
is material is that a third person has read or heard the libelous statement, for "a man's
reputation is the estimate in which others hold him in, not the good opinion which he
has of himself." G.R. No. 118971September 15, 1999 VASQUEZ, vs. CA
1. Revised Penal Code - ACT No. 3815 (December 8, 1930);
Art. 356. THREATENING TO PUBLISH AND OFFER TO PRESENT SUCH PUBLICATION
FOR A COMPENSATION.

The penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both,
shall be imposed upon any person who threatens another to publish a libel
concerning him or the parents, spouse, child, or other members of the
family of the latter or upon anyone who shall offer to prevent the
publication of such libel for a compensation or money consideration. (1 mo &
1 day to 6 mos + fine)

Art. 315. SWINDLING (ESTAFA).

1. Revised Penal Code - ACT No. 3815 (December 8, 1930);
Art. 200. GRAVE SCANDAL.
The penalties of arresto mayor and public censure shall be imposed upon
any person who shall offend against decency or good customs by any highly
scandalous conduct not expressly falling within any other article of this
Code. (1 mo & 1 day to 6 mos + public censure)
Art. 201. IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS
AND INDECENT SHOWS.
- Those who shall publicly expound or proclaim doctrines openly contrary to public morals;
- Those who;
(a) the authors of obscene literature, published with their knowledge
(b) Those exhibit indecent or immoral plays, scenes, acts or shows
- Those who shall sell, give away or exhibit materials which are offensive to morals.
(6 yrs & 1 day to 12 yrs)
1. Revised Penal Code - ACT No. 3815 (December 8, 1930);

Art. 282. GRAVE THREATS. — Any person who shall threaten another with the
infliction upon the person, honor or property of the latter or of his family of
any wrong amounting to a crime,

1. If the offender shall have made the threat demanding money or

imposing any other condition, even though not unlawful, and said
offender shall have attained his purpose.

2. If the threat shall not have been made subject to a condition.

Art. 283. LIGHT THREATS. — Any threat to commit a wrong not constituting a
crime…
2. Access Device Regulation Act of 1998 - RA. 8484 February 11, 1998;

Declaration of policy. – The State recognizes the recent advances

in technology and the widespread use of access devices in
commercial transactions. Toward this end, the State shall protect
the rights and define the liabilities of parties in such commercial
transactions by regulating the issuance and use of access
devices.

Access Device – means any card, plate, code, account number, electronic serial
number, personal identification number, or other telecommunications service,
equipment, or instrumental identifier, or other means of account access that
can be used to obtain money, good, services, or any other thing of value or to
initiate a transfer of funds
2. Access Device Regulation Act of 1998 - RA. 8484 February 11, 1998;
Examples of acts that constitute access DEVICE FRAUD and are hereby declared to be unlawful:

- disclosing any information imprinted on the access device, such as, but not limited to,
the account number or name or address of the device holder, without the latter's
authority or permission;
- obtaining money or anything of value through the use of an access device, with intent
to defraud or with intent to gain and fleeing thereafter;

- effecting transaction, with one or more access devices issued to another person or
persons, to receive payment or any other thing of value;

- producing, using, trafficking in one or more counterfeit access devices

(6 yrs to 20 yrs)
Fact
No person may be imprisoned for non–payment of credit card debt
(under RA 8484) unless there is an attendant fraudulent act.

Example:

“A cardholder who abandons or surreptitiously leaves the place of

employment, business or residence stated in his application or
credit card, without informing the credit card company of the place
where he could actually be found, if at the time of such
abandonment or surreptitious leaving, the outstanding and unpaid
balance is past due for at least ninety (90) days and is more than Ten
thousand pesos (P10,000.00), shall be prima facie presumed to have
used his credit card with intent to defraud.” – Sec 14, RA 8484
3. Intellectual Property Code of the Philippines - RA. 8293 June 6, 1997;

Declaration of State Policy. - 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.
Consumer Act of the Philippines - RA 7394 April 13, 1992 ;

Article 2. Declaration of Basic Policy. – It is the policy of the State to protect

the interests of the consumer, promote his general welfare and to establish
standards of conduct for business and industry. Towards this end, the State
shall implement measures to achieve the following objectives:

xxx

- Protection against deceptive, unfair and unconscionable sales acts and

practices;

- Provision of adequate rights and means of redress;

Anti-Trafficking in Persons of 2003 - RA. 9208 May 26, 2003;
Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any
of the following acts:

(Examples)

- To introduce or match for money, profit, or material, economic or other consideration, any
person or, any Filipino woman to a foreign national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to engage in prostitution,

- To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering,
selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor
or slavery, involuntary servitude or debt bondage;

- To maintain or hire a person to engage in prostitution or pornography;

- To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
Anti-Wire Tapping Law - RA 4200 June 19, 1965
It shall be unlawful for any person, not being authorized by ALL the parties to any private
communication or spoken word, to tap any wire or cable, or by using any other device or
arrangement, to secretly overhear, intercept, or record such communication or spoken word
xxx

It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in
the next preceding sentence, to knowingly possess any tape record, wire record, disc record, or
any other such record, or copies thereof, of any communication or spoken word secured either
before or after the effective date of this Act in the manner prohibited by this law; or to replay
the same for any other person or persons; or to communicate the contents thereof, either
verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to any
other person: Provided, That the use of such record or any copies thereof as evidence in any
civil, criminal investigation or trial of offenses mentioned in section 3 hereof, shall not be
covered by this prohibition.
 REPUBLIC ACT NO. 10175
or the "Cybercrime Prevention Act of 2012″.

AN ACT DEFINING CYBERCRIME, PROVIDING FOR

THE PREVENTION, INVESTIGATION, SUPPRESSION
AND THE IMPOSITION OF PENALTIES THEREFOR
AND FOR OTHER PURPOSES
"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.
"CYBERCRIME PREVENTION ACT OF 2012″.

DECLARATION OF POLICY.

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 (ICT) 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.
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS
I - Cybercrime Offenses.
(a) Offenses against the confidentiality, integrity and availability of computer data and systems:

*6 yrs & 1 day to 12 yrs

"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS
I - Cybercrime Offenses.
(a) Offenses against the confidentiality, integrity and availability of computer data and systems:

*12 yrs & 1 day to 20 yrs

"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

(1) Illegal Access. – The access to the whole or any part of a computer system without right.

Access refers to the instruction, communication with, storing data in, retrieving
data from, or otherwise making use of any resources of a computer system or
communication network.

Computer system refers to any device or group of interconnected or related

devices, one or more of which, pursuant to a program, performs automated
processing of data. It covers any type of device with data processing capabilities
including, but not limited to, computers and mobile phones. The device
consisting of hardware and software may include input, output and storage
components which may stand alone or be connected in a network or other
similar devices. It also includes computer data storage devices or media.
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

(2) Illegal Interception. – The interception made by technical means 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.

Interception refers to listening to, recording, monitoring or surveillance of the

content of communications, including procuring of the content of data, either
directly, through access and use of a computer system or indirectly, through the
use of electronic eavesdropping or tapping devices, at the same time that the
communication is occurring.
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

(2) Illegal Interception. –

WILL THIS SECTION JEOPARDIZE THE WORK OF ETHICAL HACKERS, PROFESSIONALS WHO
EMPLOY TOOLS AND TECHNIQUES USED BY CRIMINAL HACKERS, WHO WOULD NEITHER DAMAGE
THE TARGET SYSTEMS NOR STEAL INFORMATION?

No. Ethical hackers evaluate the target system’s security and report back to the owners the
vulnerabilities they found in it and give instructions for how these can be remedied. Ethical hackers
are the equivalent of independent auditors who come into an organization to verify its bookkeeping
records.

Besides, a client’s engagement of an ethical hacker requires an agreement between them as to the
extent of the search, the methods to be used, and the systems to be tested. This is referred to as
the "get out of jail free card." Since the ethical hacker does his job with prior permission from the
client, such permission would insulate him from the coverage of this restriction. (G.R. No.
203335 February 11, 2014 JOSE JESUS M. DISINI, JR vs. THE SECRETARY OF JUSTICE)
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

(3) Data Interference. — The intentional or reckless alteration, damaging, deletion

or deterioration of computer data, electronic document, or electronic data
message, without right, including the introduction or transmission of viruses.

Computer data refers to any representation of facts, information, or

concepts in a form suitable for processing in a computer system including a
program suitable to cause a computer system to perform a function and
includes electronic documents and/or electronic data messages whether
stored in local computer systems or online.
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

(3) Data Interference.

DOES THIS INTRUDE INTO THE AREA OF PROTECTED SPEECH AND EXPRESSION, CREATING A
CHILLING AND DETERRENT EFFECT ON THESE GUARANTEED FREEDOMS?

No. This does not encroach on these freedoms at all. It simply punishes what essentially is a form
of vandalism, the act of willfully destroying without right the things that belong to others, in this
case their computer data, electronic document, or electronic data message. Such act has no
connection to guaranteed freedoms. There is no freedom to destroy other people’s computer
systems and private documents.

All penal laws, like the cybercrime law, have of course an inherent chilling effect, an in terrorem
effect or the fear of possible prosecution that hangs on the heads of citizens who are minded to
step beyond the boundaries of what is proper. But to prevent the State from legislating criminal
laws because they instill such kind of fear is to render the state powerless in addressing and
penalizing socially harmful conduct. (DISINI, JR vs. THE SECRETARY OF JUSTICE)
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

(4) System Interference. — The intentional alteration or reckless 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 message, without right or
authority, including the introduction or transmission of viruses.
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

(5) Misuse of Devices.

*6 yrs & 1 day to 12 yrs

(i) The use, production, sale, procurement, importation, distribution, or otherwise
making available, without right, of:

(aa) A device, including a computer program, designed or adapted primarily

for the purpose of committing any of the offenses under RA 10175; or

(bb) 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 RA 10175.
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

(5) Misuse of Devices.

(ii) The possession of an item used for “Misuse of Devices” referred to above with
intent to use said devices for the purpose of committing any of the offenses
described as Cybercrime Offenses
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

(5) Misuse of Devices.

"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

(6) Cyber-Squatting. – The acquisition of a domain name over the internet in bad
faith to profit, mislead, destroy reputation, and deprive others from registering the
same, if such a domain name is:

(i) Similar, identical, or confusingly similar to an existing trademark registered

with the appropriate government agency at the time of the domain name
registration:

(ii) Identical or in any way similar with the name of a person other than the
registrant, in case of a personal name; and

(iii) Acquired without right or with intellectual property interests in it.

"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

(6) Cyber-Squatting.

*6 yrs & 1 day to 12 yrs

**12 yrs & 1 day to 20 yrs – if critical infra
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS
(6) Cyber-Squatting.

“You see, it's all part of the game. The Philippine Daily Inquirer doesn't own www.inquirer.com
because the Philadelphia Inquirer beat us to it. And of course, the Philippine Long Distance
Telephone Co. doesn't own www.pldt.com because Gerry Kaimo beat them to it. Philadelphia
Inquirer never intended to sell its domain to us. Neither did Gerry to PLDT.

So how come Mario Cruz owns www.titosotto.com and not Tito Sotto, the senator? Because he was
faster than the Spanish restaurant, faster than the Latin singer, faster than the kid who's got an
uncle named Sotto and, yes, sadly, faster than Senator Sotto's staff.”

Philippine Daily Inquirer, Info Tech, August 28, 2000

Techno Babble By: Leo Magno
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

(6) Cyber-Squatting.

It is the evil purpose for which he uses the name that the law
condemns. The law is reasonable in penalizing him for acquiring the
domain name in bad faith to profit, mislead, destroy reputation, or
deprive others who are not ill-motivated of the rightful opportunity of
registering the same. (DISINI, JR vs. THE SECRETARY OF
JUSTICE)
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS
I - Cybercrime Offenses.
b. Computer Related Offenses

*6 yrs & 1 day to 12 yrs

"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS
I - Cybercrime Offenses.
b. Computer Related Offenses

(1) Computer-Related Forgery. —

(i) The 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; or

(ii) 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 unauthorized input, alteration, or deletion of computer data or
program or interference in the functioning of a computer system, causing damage thereby with
fraudulent intent:
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS
(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,

- The usual identifying information regarding a person includes his name, his citizenship, his
residence address, his contact number, his place and date of birth, the name of his spouse if any,
his occupation, and similar data. The law punishes those who acquire or use such identifying
information without right, implicitly to cause damage. What this section regulates are specific
actions: the acquisition, use, misuse or deletion of personal identifying data of another. There is no
fundamental right to acquire another’s personal data.

- Evidently, the theft of identity information must be intended for an illegitimate purpose.
Moreover, acquiring and disseminating information made public by the user himself cannot be
regarded as a form of theft. As such, the press, whether in quest of news reporting or social
investigation, has nothing to fear since a special circumstance is present to negate intent to gain
which is required by law. (DISINI, JR vs. THE SECRETARY OF JUSTICE)
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS
I - Cybercrime Offenses.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of
any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for
favor or consideration.

*6 yrs & 1 day to 12 yrs

"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

I - Cybercrime Offenses.
(c) Content-related Offenses:
(1) Cybersex. -
Q: Are private communications of sexual character between husband and wife or
consenting adults, punishable.?

A: The drafting of the law show a lack of intent to penalize a "private showing x x x
between and among two private persons x x x although that may be a form of
obscenity to some." The understanding of those who drew up the cybercrime law
is that the element of "engaging in a business" is necessary to constitute the illegal
cybersex. The Act actually seeks to punish cyber prostitution, white slave trade,
and pornography for favor and consideration. This includes interactive prostitution
and pornography, i.e., by webcam. (DISINI, JR vs. THE SECRETARY OF JUSTICE)
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

I - Cybercrime Offenses.
(c) Content-related Offenses:
(1) Cybersex.
The criminalization of lascivious exhibition of sexual organs or sexual activity—is not novel -
- Article 201 of the RPC punishes "obscene publications and exhibitions and indecent
shows."

- The Anti-Trafficking in Persons Act of 2003 penalizes those who "maintain or hire a
person to engage in prostitution or pornography."

The law defines prostitution as any act, transaction, scheme, or design involving the use of
a person by another, for sexual intercourse or lascivious conduct in exchange for money,
profit, or any other consideration.
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

I - Cybercrime Offenses.
(c) Content-related Offenses:

(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act
No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system:
Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in
Republic Act No. 9775.

Actually, ACPA’s definition of child pornography already embraces the use of "electronic, mechanical,
digital, optical, magnetic or any other means." Notably, no one has questioned this ACPA provision. Of
course, the law makes the penalty higher by one degree when the crime is committed in cyberspace.
The potential for uncontrolled proliferation of a particular piece of child pornography when uploaded in
the cyberspace is incalculable. (DISINI, JR vs. THE SECRETARY OF JUSTICE)
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

(3) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal
Code, as amended, committed through a computer system or any other similar means which may be
devised in the future.

“Art. 353. Definition of libel. — A libel is public and malicious imputation of a crime, or of a vice or
defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the
dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who
is dead. (RPC)”

*4 yrs 2 mos & 1

day to 12 years
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

(3) Libel. —
Libel is not a constitutionally protected speech and that the government has an obligation to
protect private individuals from defamation. Indeed, cyber libel is actually not a new crime
since Article 353, in relation to Article 355 of the penal code, already punishes it. In effect the
provision on cyber liber above merely affirms that online defamation constitutes "similar
means" for committing libel.

But the Court’s acquiescence goes only insofar as the cybercrime law penalizes the author of
the libelous statement or article. Cyber libel brings with it certain intricacies, unheard of when
the penal code provisions on libel were enacted. The culture associated with internet media is
distinct from that of print.

The internet is characterized as encouraging a freewheeling, anything-goes writing style. In a

sense, they are a world apart in terms of quickness of the reader’s reaction to defamatory
statements posted in cyberspace, facilitated by one-click reply options offered by the
networking site as well as by the speed with which such reactions are disseminated down the
line to other internet users. (DISINI, JR vs. THE SECRETARY OF JUSTICE)
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS
II - Other Offenses. — The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the
commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of
the offenses enumerated in this Act shall be held liable.
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS
II - Other Offenses. — The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime and Libel

1. The author is Liable

2. Anyone who likes or shares is not liable
Who is to decide when to prosecute persons who boost the visibility of a posting on the internet by
liking it? Netizens are not given "fair notice" or warning as to what is criminal conduct and what is
lawful conduct. When a case is filed, how will the court ascertain whether or not one netizen’s
comment aided and abetted a cybercrime while another comment did not?

3. But if the "Comment" does not merely react to the original posting but
creates an altogether new defamatory story then that should be considered an
original posting published on the internet.
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS
III - 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 the
Cybercrime Prevention Act of 2012: 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.
The provision merely makes commission of existing crimes through the internet a qualifying
circumstance. As the Solicitor General points out, there exists a substantial distinction between crimes
committed through the use of information and communications technology and similar crimes
committed using other means. In using the technology in question, the offender often evades
identification and is able to reach far more victims or cause greater harm. The distinction, therefore,
creates a basis for higher penalties for cybercrimes. (DISINI, JR vs. THE SECRETARY OF JUSTICE)
"CYBERCRIME PREVENTION ACT OF 2012″.
PUNISHABLE ACTS

IV - Liability under Other Laws. — A prosecution under the Cybercrime Prevention Act of 2012 shall be
without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended,
or special laws.
"CYBERCRIME PREVENTION ACT OF 2012″.

Law Enforcement Authorities.

The National Bureau of Investigation (NBI) and the Philippine National Police
(PNP) shall be responsible for the efficient and effective law enforcement of the
provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or
center manned by special investigators to exclusively handle cases involving
violations of this Act.
"CYBERCRIME PREVENTION ACT OF 2012″.

Jurisdiction.

The Regional Trial Court 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 situated 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.

There shall be designated special cybercrime courts manned by specially trained judges to
handle cybercrime cases.
Cases
Can an Employer open the computer of his employees?

The guideline in the case of O’Connor v. Ortega (480 U.S. 709 (1987) is Is there a reasonable
expectation of privacy as to the computer files? ;

The employees’ privacy interest in an office is to a large extent circumscribed by the company’s
work policies, the collective bargaining agreement, if any, entered into by management and the
bargaining unit, and the inherent right of the employer to maintain discipline and efficiency in
the workplace. Their privacy expectation in a regulated office environment is, in fine, reduced;
and a degree of impingement upon such privacy has been upheld. G.R. No. 181881 October 18,
2011 BRICCIO "Ricky" A. POLLO vs. CHAIRPERSON KARINA CONSTANTINO-DAVID

But not when what is searched if the personal computer the employee. The court cannot use the
evidence obtained from his personal computer against him for it violates his constitutional right.
G.R. No. 181881 October 18, 2011, POLLO. vs. CONSTANTINO-DAVID
.
Cases
Accountability for Facebook Posts

V. Belo-Henares vs Atty. “Argee” Guevarra

(A case prior to the enactment of the CYBERCRIME PREVENTION ACT OF 2012

Atty. Guevarra posted insulting and abusive remarks on Facebook, Dr. Belo by calling her a
quack doctor, “adik sa botox”, etc. He also insinuated that Dr. Belo has been bribing
government officials for cases to tilt to her favor and threatened to seek out her patients and
ask them to boycott her. Further, Atty. Guevarra insinuated malpractices done by the doctor
against her patients, and threatened her with lawsuits.
Cases
V. Belo-Henares vs Atty. “Argee” Guevarra
According to Atty. Guevarra.

He likewise added that Dr. Belo is a public figure, and thus subject to fair comment
Cases
V. Belo-Henares vs Atty. “Argee” Guevarra
According to the court
Cases
V. Belo-Henares vs Atty. “Argee” Guevarra
Cases
V. Belo-Henares vs Atty. “Argee” Guevarra
Cases
V. Belo-Henares vs Atty. “Argee” Guevarra

Maria Victoria G. Belo-Henares vs. Atty. Roberto “Argee” Guevarra AC no. 11394, December 1,
2016
Cases
Privacy
Case: Petitioner Ople prays for the invalidation of Administrative Order No. 308 entitled "Adoption of a
National Computerized Identification Reference System" as it, it impermissibly intrudes on our
citizenry's protected zone of privacy.

Ruling: Well to note, the computer linkage gives other government agencies access to the
information. Yet, there are no controls to guard against leakage of information. When the access
code of the control programs of the particular computer system is broken, an intruder, without fear
of sanction or penalty, can make use of the data for whatever purpose, or worse, manipulate the
data stored within the system.

The possibilities of abuse and misuse of the PRN, biometrics and computer technology are
accentuated when we consider that the individual lacks control over what can be read or placed on
his ID, much less verify the correctness of the data encoded. They threaten the very abuses that the
Bill of Rights seeks to prevent. G.R. No. 127685 July 23, 1998 BLAS F. OPLE, vs. RUBEN D. TORRES
Cases
Informational Privacy

a. The Right to Informational Privacy - usually defined as the right of individuals to control
information about themselves

Generally speaking, having an expectation of informational privacy is not necessarily incompatible

with engaging in cyberspace activities, including those that occur in OSNs.

b. It is through the availability of the privacy tools that many OSN users are said to have a subjective
expectation that only those to whom they grant access to their profile will view the information
they post or upload thereto. Before one can have an expectation of privacy in his or her OSN
activity, it is first necessary that said user, manifest the intention to keep certain posts private,
through the employment of measures to prevent access thereto or to limit its visibility G.R. No.
202666 September 29, 2014 RHONDA AVE S. VIVARES and SPS. MARGARITA and DAVID SUZARA
vs. ST. THERESA'S COLLEGE, MYLENE RHEZA T. ESCUDERO, and JOHN DOES