CYBERCRIME LAW RA 10175 PDF

This law is already in effect as the Supreme Court uphold its constitutionality February 18, Although some provisions were deemed as unconstitutional struck down particularly Sections 4 c 3 , 7, 12, and It is a law considered to be 11 years in the making as various groups, organizations, and personalities lobbied for its passage. It took awhile for the law to be passed as legislators and various stakeholders need to understand the magnitude of cybercrime and whether the penalty provisions indicated in the E-Commerce Law — Republic Act is sufficient or not. I always look at cybercrime as something under the 2nd block or special penal laws where I think the E-Commerce Law is in.

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Short Title. Section 2. Declaration of Policy. 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. Section 3. Definition of Terms. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the Internet.

It covers any type of device with data processing capabilities including, but not limited to, computers and mobile phones. It also includes computer data storage devices or media. Cybercrime Offenses. 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 imposed shall be one 1 degree lower.

Provided, That the penalty to be imposed shall be one 1 degree higher than that provided for in Republic Act No. Section 5. Other Offenses. 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.

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. Section 7. Liability under Other Laws. If punishable acts in Section 4 a are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos P, up to a maximum amount commensurate to the damage incurred or both, shall be imposed.

Section 9. Corporate Liability. Provided, That the act committed falls within the scope of such authority; or c an authority to exercise control within the juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos P10,, If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the finds imposable in Section 7 up to a maximum of Five million pesos P5,, The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.

Law Enforcement Authorities. 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. Section Duties of Law Enforcement Authorities. Real-time Collection of Traffic Data. All other data to be collected or seized or disclosed will require a court warrant. Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information.

The court warrant under this section shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and the showing: 1 that there are reasonable grounds to believe that any of the crimes enumerated herein above has been committed, or is being committed, is about to be committed; 2 that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to the solution or, or to the prevention of any such crimes, and 3 that there are no other means readily available for obtaining such evidence.

Preservation of Computer Data. Content data shall be similarly preserved for six 6 months from the date of receipt of the order from law enforcement authorities requiring its preservation. Law enforcement authorities may order a one-time extension of another six 6 months.

Provided, That once computer preserved, transmitted or stored by service provided is used as evidence in a case, the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer until the termination of the case. The service provider ordered to preserve computer data shall keep confidential the order and its compliance.

Disclosure of Computer Data. Search, Seizure, Examination of Computer Data. Within the time period specified in the warrant, to conduct interception, as defined in this Act, and: a To secure a computer system or a computer data storage medium. Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information to enable the undertaking of the search, seizure and examination.

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. Custody of Computer Data. The law enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the package deposited with the court.

The package so deposited shall not be opened or the recordings replayed, or used in evidence, or their contents revealed, except upon order of the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded.

Destruction of Computer Data. Exclusionary Rule. Restricting or Blocking Access to Computer Data. Chapter V Jurisdiction Section 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 situation 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. General Principles Relating to International Cooperation. Department of Justice DOJ. The CICC shall be manned by a secretariat of selected existing personnel and representatives from the different participating agencies.

Powers and Functions. Implementing Rules and Regulations. Separability Clause. If any provision of this Act is held invalid, the other provisions not affected shall remain in full force and effect.

Repealing Clause.

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Republic Act 10175: Cybercrime Prevention Act of 2012

Republic Act No. Section 2. Declaration of Policy. 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. Section 3. Definition of Terms. It covers any type of device with data processing capabilities, including, but not limited to, computers and mobile phones.

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Full Text of RA 10175: Philippines Cybercrime Prevention Act of 2012

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16 Cybercrimes covered under Cybercrime Prevention Act – Republic Act 10175

Meztir To prepare and secure government Infostructure; c. Any person found guilty of any of the punishable acts enumerated in Section 4 c 3 shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos PhP50, Views Read Edit View history. The law enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the package deposited with the court. Retrieved 19 December Implementing Rules and Regulations.

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CYBERCRIME LAW RA 10175 PDF

Section 2. Declaration of Policy. 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. Section 3. Definition of Terms. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the internet.

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