REPUBLIC ACT NO.

10175
“CYBERCRIME
PREVENTION ACT OF 2012″
ORDER OF PRESENTATION

1.Effectivity of RA 10175
2.Categories of Cybercrimes
3.Salient Features:
a. Definition of Terms
b. Punishable Acts
c. Sections Declared Unconstitutional
d. Enforcement and Implementation
WHEN DID RA 10175
TOOK EFFECT?

Approved – September 12, 2012

TRO issued – October 9, 2012
TRO lifted – February 18, 2014
Categories of Cybercrimes:
SALIENT FEATURES
Definition of Terms
Definition of Terms

Access refers to:

the instruction,
communication with,
storing data in,
retrieving data from, or
making use of any resources of a computer system
or communication network.
Definition of Terms

Alteration refers to:

the modification or change, in form or substance,

of an existing computer data or program.

(c) Communication refers to the transmission of

information through ICT media, including voice,
video, and other forms of data.
 Definition of Terms
a Computer refers to:
1)An electronic, magnetic, optical,
electromechanical, or other data
processing or communications device, or
grouping of such device, capable of performing
logical, arithmetic, routing, or storage functions;

2) includes any storage facility, or equipment or

communications facility or equipment directly related to or
operating in conjunction with such device.

3) covers devices with data processing capabilities like

mobile phones, smart phones, computer networks and
other devices connected to the Internet.
Definition of Terms
Definition of Terms

Without right refers to either:

(i)conduct undertake without or in excess of

authority; or

(ii) conduct not covered by established legal

defenses, excuses, court orders, justifications,
or relevant principles under the law.
Definition of Terms
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.
 Definition of Terms

Service provider refers to:

(1) Any public or private entity

that provides to users of its
service the ability to communication
by means of a computer system, and

(2) Any other entity that processes or stores computer

data on behalf of such communication service or
users of such service.
 Definition of Terms

Subscriber’s information refers to any information

contained in the form of computer data or any other form that
is held by a service provider, relating to subscribers of its
services other than traffic or content data and by which identity
can be established.
 Definition of Terms
Traffic data or non-content data refers to any
computer data other than the content of the
communication including, but not limited to,

1.the communication’s origin,

2.destination,
3.route,
4.time,
5.data,
6.size,
7.duration, or
8.type of underlying service.
 Definition of Terms

Content Data – data which are not traffic data.

SALIENT FEATURES
Punishable Acts
 Punishable Acts

Illegal access – The access to the

whole or any part of a computer system
without right.

Simply, it implies an unauthorized interaction between the

culprit and the targeted devices or computer components,
usually by accessing the computer, using its keyboard or
mouse, printing a document, browsing folders, opening files,
running software, and processing data, stored within, with the
purpose of acquiring information.
 Punishable Acts

Illegal interception –

a) A person (natural or juridical),

b) intercepts non-public transmission of computer data

to, from, or within a computer system, and

c) the interception was done by technical means.

 Punishable Acts
Data Interference –

1)There is an alteration, damage,

deletion or deterioration of computer
data, electronic document or electronic data
messages,

2) without right,

3) by reckless or intentional conduct or by

introducing or transmitting viruses.
 Punishable Acts
System Interference

1.A person, without right or authority,

2.Intentionally alters or recklessly hinders or interferes
with the functioning of a computer or computer
network,
3.By inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data
or program, electronic document, or data message; or
b. Introducing or transmitting viruses.
 Punishable Acts
Misuse of devices -

1. A person, whether natural or juridical,

2. Uses, produces, sells, procures, imports, distributes or otherwise makes
available, without right, of:

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

for the purpose of committing any of the offenses under the Act, or

(b) 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 can be used for the purpose of committing any offenses under the
Act.

2. The possession of (a) and (b) with intent to use for the purpose of
committing any of the offenses under Section 4, RA 10175.
 Punishable Acts
Cyber-squatting –

1. A person (natural or juridical);

2. Acquires a domain name in the internet;
3. Such domain name is similar, identical;
or confusingly similar to an existing trademark registered with
the appropriate government agency at the time of the domain
name registration, or, in case of a personal name, identical or
in any way similar with the name of a person other than the
registrant;
4. Purpose is to profit, misled, destroy reputation, and deprive
others from registering the same;
3. The acquisition is in bad faith; and
4. The acquisition is without right or with intellectual property
interests in it.
 Punishable Acts
Computer-related Forgery -

1. A person (natural or juridical),

2. Inputs, alters, or deletes any existing computer

data without right, and

3. Said act results in inauthentic data with the intent

that it can be considered or acted upon for legal
purposes as if it were authentic.
 Punishable Acts
Computer-related Fraud.

1.There is an input, alteration, or

deletion of computer data or program or
interference in the functioning of a computer
system,
1.The act is unauthorized,
2.The act is with fraudulent intent,
3.The act caused damage to another.

If no damage has yet been caused, the penalty

imposed shall be one (1) degree lower.
 Punishable Acts
Computer-related Identity Theft -

Requisites:

1.There is an identifying information belonging to

another, whether natural or juridical,
2.Another person acquires, uses, misuses,
transfers, possesses, alters or deletes such
identifying information,
3.The act is committed intentionally, and
4.The act is committed without right.
 Punishable Acts
Cybersex –

1.A person willfully engages,

maintains, controls or operates any lascivious
exhibition of sexual organs or sexual activity.
2. He does it with the aid of a computer system.
3. His participation may be direct or indirect.
4. He does it for favor or consideration.
The Supreme Court explained cybersex in the case of
Jesus Disini, et. Al. vs. Secretary of Justice, et. al. GR
No. 203335 dated February 11, 2014:

1. lack of intent to penalize a “private

showing x x x between and among two private persons
x x x.”
2. the element of “engaging in a business”
is necessary to constitute the illegal cybersex.
3. The Act actually seeks to punish cyber prostitution,
white slave trade, and pornography for favor and
consideration.
4. This includes interactive prostitution and
pornography, i.e.,by webcam.
 Punishable Acts

Child Pornography –punishable

acts same in Republic Act No. 9775
or the Anti-Child Pornography Act of 2009.
Penalty is one degree higher.
 Punishable Acts

Libel – Elements are same in Article 355 of

RPC committed through a computer system
or any other similar means which may be
devised in the future. (Applicable only to
Author – Supreme Court in Disini decision)
 Punishable Acts

Other Offenses – (Not Applicable to Child

Pornography, Unsolicited Commercial
Communications and Online Libel – Supreme Court)

(a) Aiding or Abetting in the Commission of

Cybercrime.
(b) Attempt in the Commission of Cybercrime.
 Punishable Acts

Section 6. All crimes defined and penalized by the Revised

Penal Code, as amended, and special laws, if committed by,
through and with the use of information and communications
technologies shall be covered by the relevant provisions of
this Act. Penalty: One degree higher.
PROVISIONS DECLARED
UNCONSTITUTIONAL:
SECTION 12. Real-Time Collection of Traffic Data.
SECTION 19. Unsolicited Commercial Communications
 ENFORCEMENT AND
IMPLEMENTATION

SEC. 10. Law Enforcement Authorities.

— The cybercrime unit of the NBI and the PNP
shall exclusively handle violation of punishable
acts defined and penalized by the Act.
 ENFORCEMENT AND
IMPLEMENTATION

Preservation of Computer Data – Duty to

preserve of Internet Service Providers:

1.traffic data and subscriber information - six

(6) months from the date of the transaction.
2. Content data - six (6) months from the date
of receipt of the order from law enforcement
authorities requiring its preservation.
ENFORCEMENT AND
IMPLEMENTATION
Jurisdiction. — The Regional Trial Court shall have
jurisdiction:

1.Cybercrime is committed by a Filipino regardless of

the place of commission.
2.One of the elements was committed in the
Philippines, or with the use of any computer system
wholly or partly situated in the country.
3.When damage is caused to a natural or juridical
person who, at the time the offense was committed,
was in the Philippines.
END OF PRESENTATION