CRIME LAW

CYBER
PENUS, QUEEN IVY J.
LEGAL MANGEMENT 4A
MR .E DU ARDO GONZAGA
GENERAL POINT OF
VIEW
D AT E O F P U B L I C AT I O N

Republic Act No. 10175 The cybercrime Prevention Act

of 2012 was signed into law by President Aquino on
Sept 12, 2012

D A F A M AT O R Y P E N A L T Y

The cybercrime law could see Internet users sentenced

to up to 12 years in prison for posting defamatory
materials online

P E R C E N TA G E O F V I C T I M S

87 percent of Filipino users identified as victims of

crime and malicious activities committed online

ANTI-CHILD PORNOGRAPHY

The anti-child pornography Act of 2009- Under RA 9775,

those who produce, disseminate or publish child
pornography will be fined from 50,000 to 5 million and
alapped a maximun jail term of reclusion perpetua or 20 to
40 years
THINGS YOU NEED TO
KNOW IN DISCLOSING
SUBS INFO (WDCD)
the obligation to preserve
traffic data, subscriber’s
information, and content data
does not equate to an
obligation to disclose the data

A warrant must be secured to

authorize the disclosure of the
computer data.
Contents of the
application for wdcd
must be complete (see at
the next page)

A WDCD is an order in writing issued in the

name of the People of the Philippines signed
by a judge, upon application of law
enforcement authorities, authorizing the
latter to issue an order to disclose and
accordingly, require any person or service
provider to disclose or submit subscriber’s
information, traffic data, or relevant data in
his/her or its possession or control.
 T H E V E R I F I E D A P P L I C AT I O N F O R A W D C D , A S W E L L A S T H E
S U P P O R T I N G A F F I D AV I T S , S H A L L S T AT E T H E F O L L O W I N G E S S E N T I A L
FA C T S :

• 1 . T H E P R O B A B L E O F F E N S E I N V O LV E D ;

• 2. R E L E VA N C E A N D NECESSITY OF THE
COMPUTER D AT A OR SUBSCRIBER’S
I N F O R M AT I O N S O U G H T T O B E D I S C L O S E D F O R
T H E P U R P O S E O F T H E I N V E S T I G AT I O N ;

• 3. NAMES OF THE INDIVIDUALS OR ENTITIES

W H O S E C O M P U T E R D AT A O R S U B S C R I B E R ’ S
I N F O R M AT I O N A R E S O U G H T T O B E D I S C L O S E D ,
INCLUDING THE NAMES OF THE INDIVIDUALS
O R E N T I T I E S W H O H AV E C O N T R O L , P O S S E S S I O N
O R A C C E S S T H E R E T O , I F AVA I L A B L E ;

• 4. PA RT I C U L A R DESCRIPTION OF THE
COMPUTER D AT A OR SUBSCRIBER’S
I N F O R M AT I O N S O U G H T T O B E D I S C L O S E D ;

• 5. PLACE WHERE THE DISCLOSURE OF

COMPUTER D AT A OR SUBSCRIBER’S
I N F O R M AT I O N IS TO BE ENFORCED, IF
AVA I L A B L E ;

• 6. MANNER OR METHOD BY WHICH THE

DISCLOSURE OF THE COMPUTER D AT A O R
S U B S C R I B E R ’ S I N F O R M AT I O N I S T O B E C A R R I E D
O U T , I F AVA I L A B L E ; A N D

• 7 . O T H E R R E L E VA N T I N F O R M AT I O N T H AT W I L L
PERSUADE THE C O U R T T H AT T H E R E IS A
PROBABLE CAUSE TO ISSUE A WDCD.
Can
The integrity of traffic data and
subscriber’s information shall be kept,
retained, and preserved by a service
provider for a minimum period of six (6)

last
months from the date of the transaction.
On the other hand, content data shall be
preserved for six (6) months from the
date of receipt of the order from law

up to
enforcement authorities requiring its
preservation.
-Samples of service providers
-PNP AND MAY order to preserve the
computer data may go beyond the 6-

Twelve
month period-
Once computer data that is preserved,
transmitted or stored by a service
provider is used as evidence in a case, the

months
receipt by the service provider of a copy
of the transmittal document to the Office
of the Prosecutor shall be deemed a
notification to preserve the computer data
until the final termination of the case
PAGE 23

auditor's
report 25%
details provided in the
report are for external
use

75%
of information deemed relevant
to stakeholders may be included

The Directors are responsible for preparing the

Annual Report and the financial statements in
accordance with applicable Law of the Republic of
Ireland, including the accounting standards issued
by the Accounting Standards Board and published
by The Institute of Chartered Accountants.