Summary of

RA 10175 - 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

Discussion
Module 1
Intr Group Question
1
o What is the CYBERCRIME LAW?
The cybercrime law aims to regulate access to and use of the cyberspace.

4 TYPES of Offenses
• Offenses against the confidentiality, integrity and
availability of computer data and systems
• Computer-related Offenses
• Content-related Offenses
• Other Offenses
• All Crimes punishable by the RPC and special law
crimes if through ICT

Enforcement / Implementing Bodies / Policy / Jurisdiction

Enforcement - NBI, PNP, DOJ(monitor)
Policy Coordination and - CICC
Enforcement of National
Cybersecurity Plan

Policy Determination - DICT(ICTO-DOST) & DILG

Jurisdiction Over Cases - RTC, Commercial Courts
Text Group Question
2
Click here to
add the text What Specific Acts are punishable?

16 Punishable Acts

• Illegal Access • Cybersex

• Illegal Interception • Child Pornography
• Data Interference • Unsolicited
• System Interference Commercial
• Misuse of Devices Communications
• Cybersquatting • Libel
• Computer-related • Aiding or Abetting a
Forgery Cybercrime
• Computer-related • Attempt to commit a
Fraud Cybercrime
• Computer-related • RPC crimes and
Identity Theft special law crimes
committed with ICT
 Relevant Jurisprudence

DISINI vs. Sec of Justice

G.R. No. 203335, February 11, 2014

Petitioners claim that the means adopted by the cybercrime law for regulating
undesirable cyberspace activities violate some of their constitutional rights. The
government of course asserts that the law merely seeks to reasonably put order into
cyberspace activities, punish wrongdoings, and prevent hurtful attacks on the system.

Unconstitutional
Provisions
a. Section 4(c)(3) of Republic Act 10175 that penalizes posting
of unsolicited commercial communications;

b. Section 12 that authorizes the collection or recording of

Click here to add the text
Your text has been concise and beautiful, but the information
is inextricably inextricable and needs to be expressed in more
words; but please refine the essence
traffic data in real-time; and
c. Section 19 of the same Act that authorizes the Department
of Justice to restrict or block access to suspected Computer
Data.
 Qualified Constitutional Provisions

Penalizing Online Libel VALID UNCONSTITUTIONAL

Section 4(c)(4) Libel, - The unlawful or With respect to the original author of the
With respect to others who simply
prohibited acts of libel as defined in post
receive the post and react to it
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
 Click here to add the text

Qualified Constitutional Provisions

Aiding or Abetting VALID UNCONSTITUTIONAL

Section 5(a) Aidiing or Abetting in the Only in relation to Section 4(a)(1) on With respect to Sections 4(c)(2) on Child
mmission of Cybercrime. - Any person Illegal Access, Section 4(a)(2) on Illegal Pornography, 4(c)(3) on Unsolicited
who willfully abets or aids in the Interception, Section 4(a)(3) on Data Commercial Communications, and 4(c)(4) on

commission of any of the offenses Interference, Section 4(a)(4) on System online Libel.

enumerated in this Act shall be held Interference, Section 4(a)(5) on Misuse

liable. of Devices, Section 4(a)(6) on Cyber-
squatting, Section 4(b)(1) on Computer-
related Forgery, Section 4(b)(2) on
Computer-related Fraud, Section 4(b)(3)
on Computer-related Identity Theft, and
Section 4(c)(1) on Cybersex.
 Click here to add the text

Qualified Constitutional Provisions

Attempt to commit Cybercrime VALID UNCONSTITUTIONAL

Section 5(b) Attempt in the Commission Only in relation to Section 4(a)(1) on With respect to Sections 4(c)(2) on Child
of Cybercrime. - Any person who willfully Illegal Access, Section 4(a)(2) on Illegal Pornography, 4(c)(3) on Unsolicited
attempts to commit any of the offenses Interception, Section 4(a)(3) on Data Commercial Communications, and 4(c)(4) on

enumerated in this Act shall be held Interference, Section 4(a)(4) on System online Libel.

liable. Interference, Section 4(a)(5) on Misuse

of Devices, Section 4(a)(6) on Cyber-
squatting, Section 4(b)(1) on Computer-
related Forgery, Section 4(b)(2) on
Computer-related Fraud, Section 4(b)(3)
on Computer-related Identity Theft, and
Section 4(c)(1) on Cybersex.
 Click here to add the text

Qualified Constitutional Provisions

Prosecution (RPC & CYBERCRIME) VALID UNCONSTITUTIONAL

Section 7. Liability under Other Laws. - A on an actual case basis. 1. Online libel as to which, charging the
prosecution under this Act shall be offender under both Section 4(c)(4) of
without prejudice to any liability for Republic Act 10175 and Article 353 of the

violation of any provision of the Revised Revised Penal Code constitutes a violation of
the proscription against double jeopardy; as
Penal Code, as amended, or special
well as
laws.

2. Child pornography committed online as to

which, charging the offender under both
Section 4(c)(2) of Republic Act 10175 and
Republic Act 9775 or the Anti-Child
Pornography Act of 2009 also constitutes a
violation of the same proscription
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Learning Activity
How are acts punishable under
the Anti-Cybercrime Law (e.g.
Illegal Access) different from
those punished under the Data Open
Discussions

Privacy Act?
His name is really Helion He wants his name to His Friend who is a comedian He does so to mislead, profit,
Must sound like Elon Musk wants to mock Elon Musk but or to cause damage to
he wants to prevent him from Amber Heard
doing so

A Facebook User registers his name in

Facebook as Helion Must
Choose which option above will make him punishable under the CyberCrime
Law
Cybersquatting. – 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.
Other Provisions
Section 9 - Corporate
Liability
If knowingly and within authority at least double the fines
imposable in Section 7 up to a maximum of Ten million pesos
(PhP10,000,000.00).
If made possible due to the lack of supervision or control by a
natural person referred to and described in the preceding
paragraph, at least double the fines imposable in Section 7 up
to a maximum of Five million pesos (PhP5,000,000.00).
The liability imposed on the juridical person shall be without
prejudice to the criminal liability of the natural person who has
committed the offense.
For Section 5 - Aiding/Abetting and Attempt
Imprisonment one (1) degree lower than that of the prescribed
penalty for the offense or a fine of at least One hundred
thousand pesos (PhP100,000.00) but not exceeding Five
hundred thousand pesos (PhP500,000.00) or both.
PENALTIES
Section 4(a & b) - (First 2 Types of Offenses)
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
Section 4(a)(5) - Misuse of Devices
Imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos
(PhP500,000.00) or both.
Section 4(a) and against critical infrastructure
Penalty of reclusion temporal or a fine of at least Five hundred thousand pesos
(PhP500,000.00) up to maximum amount commensurate to the damage incurred or
both.
Section 4(c)(1) - Cybersex
Imprisonment of prision mayor or a fine of at least Two hundred thousand pesos
(PhP200,000.00) but not exceeding One million pesos (PhP1,000,000.00) or both.
Section 4(c)(2) - Child
Pornography
Punished with the penalties as enumerated in Republic Act No. 9775 or the “Anti-
Child Pornography Act of 2009”: Provided, That the penalty to be imposed shall be
one (1) degree higher than that provided for in Republic Act No. 9775, if committed
through a computer system.
Section 4(c)(3) - Child
Pornography
Imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00)
but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both.
 Penalty for Non-Compliance

Failure to Comply with Section 4

Sec. 20
Failure to comply with the provisions of Chapter IV hereof specifically
the orders from law enforcement authorities shall be punished as a
violation of Presidential Decree No. 1829 with imprisonment of prision
correctional in its maximum period or a fine of One hundred thousand
pesos (Php100,000.00) or both, for each and every noncompliance with
an order issued by law enforcement authorities.

Other Penalties
 SUMMARY

OVERVIEW of TYPES UNCONSTITUTIONAL

SPECIFIC ACTS
of Offenses and AND QUALIFIED PENALTIES
PUNISHABLE
GOVERNING PROVISIONS
BODIES

DISCLAIMER For inquiries regarding the creation of this material, please address your
concern to:
This document is not a comprehensive outline of
RA 10175 - CYBERCRIME PREVENTION ACT OF 2012. Legal Affairs Division
Please refer to the full text of the law and its implementing Legal Service
rules and regulations for purposes outside this activity. Department of Information and Communications Technology
DICT Building, C.P. Garcia Avenue
Diliman QUezon City, 1101, Philippines
(632)920-0101 / www.dict.gov.ph
Thanks
Summary of
RA 10175 - 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

Discussion
Module 2
 BUDAPEST
CONVENTION
ON
CYBERCRIME
1 July 2004
Summary of
RA in10175
Entry into force the - CYBERCRIME
Philippines
1 JulyPREVENTION
2018 ACT OF 2012
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION
OF PENALTIES THEREFOR AND FOR OTHER PURPOSES

However, as early as
12 September 2012,
the Philippines has
Discussion
Module 2
already enacted
RA 10175
CYBERCRIME
PREVENTION ACT
HISTORY
Concerns due to:

● the profound changes brought about by the

digitalisation, convergence and continuing
globalisation of computer networks.

● the risk that computer networks and electronic

information may also be used for committing
criminal offences and

● that evidence relating to such offences may be

stored and transferred by these networks

Note: An additional concern would be the venue or

jurisdiction over particular cases committed over the
internet.
JURISDICTION
Each Party State shall adopt legislative and
other measures to establish jurisdiction, when
the offense is committed:

a. in its territory; or
b. on board a ship flying its flag; or
c. on board an aircraft registered under its
laws; or
d. by one of its nationals, if the offense is
punishable under criminal law where it
was committed or if committed outside the
territorial jurisdiction of any State.
JURISDICTION
Each Party shall adopt such measures as
may be necessary to establish jurisdiction
over the offences referred to in Article 24,
Paragraph 1, of this Convention, in cases
where an alleged offender is present in its
territory and it does not extradite him to
another Party, solely on the basis of his or
her nationality, after a request for
extradition.
JURISDICTION
Article 24 (Extradition) par 1.a - This
article applies to extradition between
Parties for the criminal offences
established in accordance with Articles 2
through 11 of this Convention, provided
that they are punishable under the laws of
both Parties concerned by deprivation of
liberty for a maximum period of at least
one year, or by a more severe penalty.
JURISDICTION
Article 24 (Extradition) par 1.b - Where a
different minimum penalty is to be applied
under an arrangement agreed on the
basis of uniform or reciprocal legislation or
an extradition treaty, including the
European Convention on Extradition (ETS
No. 24), applicable between two or more
parties, the minimum penalty provided for
under such arrangement or treaty shall
apply.
Philippines acquire Jurisdiction
Section 21, Rule 4 (Jurisdiction) of the
IRR implementing 10175 states:

The RTC shall have jurisdiction over any

violation of the provisions of the Act,
including any violation committed by a
Filipino national regardless of the place of
commission.

● if any of the elements was committed

within the Philippines, or
Philippines acquire Jurisdiction

● the computer system used is wholly or

partly situated in the country or

● any damage is caused to a natural or

juridical person who at the time of the
offense was in the Philippines
Other Important Provisions
International Cooperation

Title 1, Article 23 - General principles relating to international co-operation

The Parties shall cooperate with each other, in accordance with the
provisions of this chapter, and through the application of relevant
international instruments on international co-operation 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 offences related to
computer systems and data, or for the collection of evidence in electronic
form of a criminal offense.
Provisions under International Cooperation
● Extradition
● Principles relating to Mutual assistance
● Spontaneous information
● Procedures pertaining to mutual assistance requests in the absence of
applicable international agreements
● Confidentiality and limitation on use
● Expedited preservation of stored computer data
● Expedited disclosure of preserved traffic data
● Mutual assistance regarding accessing of stored computer data
● Trans-border access to stored computer data with consent or where
publicly available
● Mutual assistance regarding the real-time collection of traffic data
● Mutual assistance regarding the interception of content data
● 24/7 Network
Other Important Provisions
Article 45 - Settlement of disputes

1. The European Committee on Crime Problems (CDPC) shall be kept

informed regarding the interpretation and application of this Convention.

2. In case of a dispute between Parties as to the interpretation or application

of this Convention, they shall seek a settlement of the dispute through
negotiation or any other peaceful means of their choice, including
submission of the dispute to the CDPC, to an arbitral tribunal whose
decisions shall be binding upon the Parties, or to the International Court
of Justice, as agreed upon by the Parties concerned.
 SUMMARY

INTERNATIONAL
CO-OPERATION
ENTRY INTO FORCE HISTORY JURISDICTION and
SETTLEMENT OF
DISPUTES

DISCLAIMER For inquiries regarding the creation of this material, please address your
concern to:
This document is not a comprehensive outline of
RA 10175 - CYBERCRIME PREVENTION ACT OF 2012. Legal Affairs Division
Please refer to the full text of the law and its implementing Legal Service
rules and regulations for purposes outside this activity. Department of Information and Communications Technology
DICT Building, C.P. Garcia Avenue
Diliman QUezon City, 1101, Philippines
(632)920-0101 / www.dict.gov.ph
Thanks