IT LAWS OF THE PHILIPPINES broadcasting, sharing, showing or (c) To sell or distribute, or cause to authorized by a written order of the court, to

exhibiting the photo or video be sold or distributed, such photo use the record or any copy thereof as
RA 9995 AN ACT DEFINING AND coverage or recordings of such or video or recording of sexual act, evidence in any civil, criminal investigation or
PENALIZING THE CRIME OF PHOTO AND sexual act or similar activity through whether it be the original copy or trial of the crime of photo or video voyeurism:
VIDEO VOYEURISM, PRESCRIBING VCD/DVD, internet, cellular phones reproduction thereof; or Provided, That such written order shall only be
PENALTIES THEREFOR, AND FOR OTHER and similar means or device issued or granted upon written application and
without the written consent of the (d) To publish or broadcast, or the examination under oath or affirmation of
PURPOSES
person/s involved, notwithstanding cause to be published or the applicant and the witnesses he/she may
that consent to record or take photo broadcast, whether in print or produce, and upon showing that there are
Be it enacted by the Senate and House of or video coverage of same was broadcast media, or show or exhibit reasonable grounds to believe that photo or
Representative of the Philippines in Congress given by such person's. the photo or video coverage or video voyeurism has been committed or is
assembled: recordings of such sexual act or about to be committed, and that the evidence
(e) "Private area of a person" any similar activity through to be obtained is essential to the conviction of
Section 1. Short Title. - This Act shall be means the naked or undergarment VCD/DVD, internet, cellular phones any person for, or to the solution or prevention
known as the "Anti-Photo and Video clad genitals, public area, buttocks and other similar means or device. of such, crime.
Voyeurism Act of 2009". or female breast of an individual.
The prohibition under paragraphs (b), (c) and Section 7. Inadmissibility of Evidence. - Any
Section 2. Declaration of Policy. - The State (f) "Under circumstances in which a (d) shall apply notwithstanding that consent to record, photo or video, or copy thereof,
values the dignity and privacy of every human person has a reasonable record or take photo or video coverage of the obtained or secured by any person in violation
person and guarantees full respect for human expectation of privacy" means same was given by such person/s. Any person of the preceding sections shall not be
rights. Toward this end, the State shall believe that he/she could disrobe in who violates this provision shall be liable for admissible in evidence in any judicial, quasi-
penalize acts that would destroy the honor, privacy, without being concerned photo or video voyeurism as defined herein. judicial, legislative or administrative hearing or
dignity and integrity of a person. that an image or a private area of investigation.1avvphi1
the person was being captured; or Section 5. Penalties. - The penalty of
Section 3. Definition of Terms. - For purposes circumstances in which a imprisonment of not less that three (3) years Section 8. Separability Clause. - If any
of this Act, the term: reasonable person would believe but not more than seven (7) years and a fine provision or part hereof is held invalid or
that a private area of the person of not less than One hundred thousand pesos unconstitutional, the remaining provisions not
would not be visible to the public, (P100,000.00) but not more than Five hundred affected thereby shall remain valid and
(a) "Broadcast" means to make regardless of whether that person subsisting.
public, by any means, a visual thousand pesos (P500,000.00), or both, at the
is in a public or private place. discretion of the court shall be imposed upon
image with the intent that it be
viewed by a person or persons. any person found guilty of violating Section 4 Section 9. Repealing Clause. - Any law,
Section 4. Prohibited Acts. - It is hereby of this Act. presidential decree or issuance, executive
prohibited and declared unlawful for any order, letter of instruction , administrative
(b) "Capture" with respect to an person: order, rule or regulation contrary to or
image, means to videotape, If the violator is a juridical person, its license or
franchise shall be automatically be deemed inconsistent with the provisions of this Act is
photograph, film, record by any hereby repealed, modified or amended
means, or broadcast. (a) To take photo or video coverage revoked and the persons liable shall be the
of a person or group of persons officers thereof including the editor and accordingly.
performing sexual act or any similar reporter in the case of print media, and the
(c) "Female breast" means any activity or to capture an image of station manager, editor and broadcaster in the Section 10. Effectivity Clause. - This Act shall
portion of the female breast. the private area of a person/s such case of a broadcast media. take effect fifteen (15) days after its complete
as the naked or undergarment clad publication in the Official Gazette or in two(2)
(d) "Photo or video voyeurism" genitals, public area, buttocks or If the offender is a public officer or employee, newspapers of general circulation.
means the act of taking photo or female breast without the consent or a professional, he/she shall be
video coverage of a person or of the person/s involved and under administratively liable.
group of persons performing sexual circumstances in which the
RA 10173
act or any similar activity or of person/s has/have a reasonable
expectation of privacy; If the offender is an alien, he/she shall be AN ACT PROTECTING INDIVIDUAL
capturing an image of the private PERSONAL INFORMATION IN
area of a person or persons without subject to deportation proceedings after
serving his/her sentence and payment of fines. INFORMATION AND COMMUNICATIONS
the latter's consent, under (b) To copy or reproduce, or to SYSTEMS IN THE GOVERNMENT AND THE
circumstances in which such cause to be copied or reproduced, PRIVATE SECTOR, CREATING FOR THIS
person/s has/have a reasonable such photo or video or recording of Section 6. Exemption. - Nothing contained in PURPOSE A NATIONAL PRIVACY
expectation of privacy, or the act of sexual act or any similar activity this Act, however, shall render it unlawful or COMMISSION, AND FOR OTHER
selling, copying, reproducing, with or without consideration; punishable for any peace officer, who is PURPOSES
Be it enacted, by the Senate and House of persons to the extent that, although the (j) Processing refers to any operation or any (a) Information about any individual who is or
Representatives of the Philippines in information is not processed by equipment set of operations performed upon personal was an officer or employee of a government
Congress assembled: operating automatically in response to information including, but not limited to, the institution that relates to the position or
instructions given for that purpose, the set is collection, recording, organization, storage, functions of the individual, including:
CHAPTER I GENERAL PROVISIONS structured, either by reference to individuals or updating or modification, retrieval,
by reference to criteria relating to individuals, consultation, use, consolidation, blocking, (1) The fact that the individual is or was an
in such a way that specific information relating erasure or destruction of data. officer or employee of the government
SECTION 1. Short Title. – This Act shall be to a particular person is readily accessible.
known as the “Data Privacy Act of 2012”. institution;
(k) Privileged information refers to any and all
(f) Information and Communications forms of data which under the Rules of Court (2) The title, business address and office
SEC. 2. Declaration of Policy. – It is the policy System refers to a system for generating, and other pertinent laws constitute privileged
of the State to protect the fundamental human telephone number of the individual;
sending, receiving, storing or otherwise communication.
right of privacy, of communication while processing electronic data messages or
ensuring free flow of information to promote electronic documents and includes the (3) The classification, salary range and
innovation and growth. The State recognizes (l) Sensitive personal information refers to responsibilities of the position held by the
computer system or other similar device by or personal information:
the vital role of information and which data is recorded, transmitted or stored individual; and
communications technology in nation-building and any procedure related to the recording,
and its inherent obligation to ensure that transmission or storage of electronic data, (1) About an individual’s race, ethnic origin, (4) The name of the individual on a document
personal information in information and electronic message, or electronic document. marital status, age, color, and religious, prepared by the individual in the course of
communications systems in the government philosophical or political affiliations; employment with the government;
and in the private sector are secured and
protected. (g) Personal information refers to any
information whether recorded in a material (2) About an individual’s health, education, (b) Information about an individual who is or
form or not, from which the identity of an genetic or sexual life of a person, or to any was performing service under contract for a
SEC. 3. Definition of Terms. – Whenever used individual is apparent or can be reasonably proceeding for any offense committed or government institution that relates to the
in this Act, the following terms shall have the and directly ascertained by the entity holding alleged to have been committed by such services performed, including the terms of the
respective meanings hereafter set forth: the information, or when put together with person, the disposal of such proceedings, or contract, and the name of the individual given
other information would directly and certainly the sentence of any court in such proceedings; in the course of the performance of those
(a) Commission shall refer to the National identify an individual. services;
Privacy Commission created by virtue of this (3) Issued by government agencies peculiar to
Act. (h) Personal information controller refers to a an individual which includes, but not limited to, (c) Information relating to any discretionary
person or organization who controls the social security numbers, previous or current benefit of a financial nature such as the
(b) Consent of the data subject refers to any collection, holding, processing or use of health records, licenses or its denials, granting of a license or permit given by the
freely given, specific, informed indication of personal information, including a person or suspension or revocation, and tax returns; and government to an individual, including the
will, whereby the data subject agrees to the organization who instructs another person or name of the individual and the exact nature of
collection and processing of personal organization to collect, hold, process, use, (4) Specifically established by an executive the benefit;
information about and/or relating to him or her. transfer or disclose personal information on order or an act of Congress to be kept
Consent shall be evidenced by written, his or her behalf. The term excludes: classified. (d) Personal information processed for
electronic or recorded means. It may also be journalistic, artistic, literary or research
given on behalf of the data subject by an (1) A person or organization who performs SEC. 4. Scope. – This Act applies to the purposes;
agent specifically authorized by the data such functions as instructed by another person processing of all types of personal information
subject to do so. or organization; and and to any natural and juridical person (e) Information necessary in order to carry out
involved in personal information processing the functions of public authority which includes
(c) Data subject refers to an individual whose (2) An individual who collects, holds, including those personal information the processing of personal data for the
personal information is processed. processes or uses personal information in controllers and processors who, although not performance by the independent, central
connection with the individual’s personal, found or established in the Philippines, use monetary authority and law enforcement and
(d) Direct marketing refers to communication family or household affairs. equipment that are located in the Philippines, regulatory agencies of their constitutionally
by whatever means of any advertising or or those who maintain an office, branch or and statutorily mandated functions. Nothing in
marketing material which is directed to agency in the Philippines subject to the this Act shall be construed as to have
(i) Personal information processor refers to immediately succeeding
particular individuals. any natural or juridical person qualified to act amended or repealed Republic Act No. 1405,
paragraph: Provided, That the requirements of otherwise known as the Secrecy of Bank
as such under this Act to whom a personal Section 5 are complied with.
(e) Filing system refers to any act of information controller may outsource the Deposits Act; Republic Act No. 6426,
information relating to natural or juridical processing of personal data pertaining to a otherwise known as the Foreign Currency
data subject. This Act does not apply to the following: Deposit Act; and Republic Act No. 9510,
otherwise known as the Credit Information (3) An entity that has a branch, agency, office finding that the processing will be detrimental and require changes thereto for purposes of
System Act (CISA); or subsidiary in the Philippines and the parent to national security and public interest; complying with this Act;
or affiliate of the Philippine entity has access
(f) Information necessary for banks and other to personal information; and (d) Compel or petition any entity, government (k) Provide assistance on matters relating to
financial institutions under the jurisdiction of agency or instrumentality to abide by its orders privacy or data protection at the request of a
the independent, central monetary authority or (c) The entity has other links in the Philippines or take action on a matter affecting data national or local agency, a private entity or any
Bangko Sentral ng Pilipinas to comply with such as, but not limited to: privacy; person;
Republic Act No. 9510, and Republic Act No.
9160, as amended, otherwise known as the (1) The entity carries on business in the (e) Monitor the compliance of other (l) Comment on the implication on data privacy
Anti-Money Laundering Act and other Philippines; and government agencies or instrumentalities on of proposed national or local statutes,
applicable laws; and their security and technical measures and regulations or procedures, issue advisory
(2) The personal information was collected or recommend the necessary action in order to opinions and interpret the provisions of this
(g) Personal information originally collected held by an entity in the Philippines. meet minimum standards for protection of Act and other data privacy laws;
from residents of foreign jurisdictions in personal information pursuant to this Act;
accordance with the laws of those foreign (m) Propose legislation, amendments or
jurisdictions, including any applicable data CHAPTER II THE NATIONAL PRIVACY
COMMISSION (f) Coordinate with other government agencies modifications to Philippine laws on privacy or
privacy laws, which is being processed in the and the private sector on efforts to formulate data protection as may be necessary;
Philippines. and implement plans and policies to
SEC. 7. Functions of the National Privacy strengthen the protection of personal
Commission. – To administer and implement (n) Ensure proper and effective coordination
SEC. 5. Protection Afforded to Journalists and information in the country; with data privacy regulators in other countries
Their Sources. – Nothing in this Act shall be the provisions of this Act, and to monitor and
ensure compliance of the country with and private accountability agents, participate
construed as to have amended or repealed (g) Publish on a regular basis a guide to all in international and regional initiatives for data
the provisions of Republic Act No. 53, which international standards set for data protection,
there is hereby created an independent body laws relating to data protection; privacy protection;
affords the publishers, editors or duly
accredited reporters of any newspaper, to be known as the National Privacy
magazine or periodical of general circulation Commission, winch shall have the following (h) Publish a compilation of agency system of (o) Negotiate and contract with other data
protection from being compelled to reveal the functions: records and notices, including index and other privacy authorities of other countries for cross-
source of any news report or information finding aids; border application and implementation of
appearing in said publication which was (a) Ensure compliance of personal information respective privacy laws;
related in any confidence to such publisher, controllers with the provisions of this Act; (i) Recommend to the Department of Justice
editor, or reporter. (DOJ) the prosecution and imposition of (p) Assist Philippine companies doing
(b) Receive complaints, institute penalties specified in Sections 25 to 29 of this business abroad to respond to foreign privacy
SEC. 6. Extraterritorial Application. – This Act investigations, facilitate or enable settlement Act; or data protection laws and regulations; and
applies to an act done or practice engaged in of complaints through the use of alternative
and outside of the Philippines by an entity if: dispute resolution processes, adjudicate, (j) Review, approve, reject or require (q) Generally perform such acts as may be
award indemnity on matters affecting any modification of privacy codes voluntarily necessary to facilitate cross-border
(a) The act, practice or processing relates to personal information, prepare reports on adhered to by personal information enforcement of data privacy protection.
personal information about a Philippine citizen disposition of complaints and resolution of any controllers:Provided, That the privacy codes
or a resident; investigation it initiates, and, in cases it deems shall adhere to the underlying data privacy SEC. 8. Confidentiality. – The Commission
appropriate, publicize any such principles embodied in this Act: Provided, shall ensure at all times the confidentiality of
report: Provided, That in resolving any further,That such privacy codes may include any personal information that comes to its
(b) The entity has a link with the Philippines, complaint or investigation (except where private dispute resolution mechanisms for
and the entity is processing personal knowledge and possession.
amicable settlement is reached by the parties), complaints against any participating personal
information in the Philippines or even if the the Commission shall act as a collegial body. information controller. For this purpose, the
processing is outside the Philippines as long For this purpose, the Commission may be Commission shall consult with relevant SEC. 9. Organizational Structure of the
as it is about Philippine citizens or residents given access to personal information that is regulatory agencies in the formulation and Commission. – The Commission shall be
such as, but not limited to, the following: subject of any complaint and to collect the administration of privacy codes applying the attached to the Department of Information and
information necessary to perform its functions standards set out in this Act, with respect to Communications Technology (DICT) and shall
(1) A contract is entered in the Philippines; under this Act; the persons, entities, business activities and be headed by a Privacy Commissioner, who
business sectors that said regulatory bodies shall also act as Chairman of the Commission.
are authorized to principally regulate pursuant The Privacy Commissioner shall be assisted
(2) A juridical entity unincorporated in the (c) Issue cease and desist orders, impose a by two (2) Deputy Privacy Commissioners,
Philippines but has central management and temporary or permanent ban on the to the law: Provided, finally. That the
Commission may review such privacy codes one to be responsible for Data Processing
control in the country; and processing of personal information, upon
Systems and one to be responsible for Commission on Elections (COMELEC), purposes may lie processed for historical, SEC. 13. Sensitive Personal Information and
Policies and Planning. The Privacy Department of Foreign Affairs (DFA), statistical or scientific purposes, and in cases Privileged Information. – The processing of
Commissioner and the two (2) Deputy Privacy Department of Justice (DOJ), and Philippine laid down in law may be stored for longer sensitive personal information and privileged
Commissioners shall be appointed by the Postal Corporation (Philpost). periods: Provided, further,That adequate information shall be prohibited, except in the
President of the Philippines for a term of three safeguards are guaranteed by said laws following cases:
(3) years, and may be reappointed for another CHAPTER III PROCESSING OF PERSONAL authorizing their processing.
term of three (3) years. Vacancies in the INFORMATION (a) The data subject has given his or her
Commission shall be filled in the same manner The personal information controller must consent, specific to the purpose prior to the
in which the original appointment was made. ensure implementation of personal information processing, or in the case of privileged
SEC. 11. General Data Privacy Principles. –
The processing of personal information shall processing principles set out herein. information, all parties to the exchange have
The Privacy Commissioner must be at least be allowed, subject to compliance with the given their consent prior to processing;
thirty-five (35) years of age and of good moral requirements of this Act and other laws SEC. 12. Criteria for Lawful Processing of
character, unquestionable integrity and known allowing disclosure of information to the public Personal Information. – The processing of (b) The processing of the same is provided for
probity, and a recognized expert in the field of and adherence to the principles of personal information shall be permitted only if by existing laws and
information technology and data privacy. The transparency, legitimate purpose and not otherwise prohibited by law, and when at regulations: Provided, That such regulatory
Privacy Commissioner shall enjoy the benefits, proportionality. least one of the following conditions exists: enactments guarantee the protection of the
privileges and emoluments equivalent to the sensitive personal information and the
rank of Secretary. privileged information: Provided, further, That
Personal information must, be:, (a) The data subject has given his or her
consent; the consent of the data subjects are not
The Deputy Privacy Commissioners must be required by law or regulation permitting the
recognized experts in the field of information (a) Collected for specified and legitimate processing of the sensitive personal
and communications technology and data purposes determined and declared before, or (b) The processing of personal information is information or the privileged information;
privacy. They shall enjoy the benefits, as soon as reasonably practicable after necessary and is related to the fulfillment of a
privileges and emoluments equivalent to the collection, and later processed in a way contract with the data subject or in order to
compatible with such declared, specified and take steps at the request of the data subject (c) The processing is necessary to protect the
rank of Undersecretary. life and health of the data subject or another
legitimate purposes only; prior to entering into a contract;
person, and the data subject is not legally or
The Privacy Commissioner, the Deputy physically able to express his or her consent
Commissioners, or any person acting on their (b) Processed fairly and lawfully; (c) The processing is necessary for prior to the processing;
behalf or under their direction, shall not be compliance with a legal obligation to which the
civilly liable for acts done in good faith in the (c) Accurate, relevant and, where necessary personal information controller is subject;
(d) The processing is necessary to achieve the
performance of their duties. However, he or for purposes for which it is to be used the lawful and noncommercial objectives of public
she shall be liable for willful or negligent acts processing of personal information, kept up to (d) The processing is necessary to protect organizations and their
done by him or her which are contrary to law, date; inaccurate or incomplete data must be vitally important interests of the data subject, associations: Provided, That such processing
morals, public policy and good customs even if rectified, supplemented, destroyed or their including life and health; is only confined and related to the bona
he or she acted under orders or instructions of further processing restricted; fide members of these organizations or their
superiors: Provided, That in case a lawsuit is associations: Provided, further, That the
filed against such official on the subject of the (e) The processing is necessary in order to
(d) Adequate and not excessive in relation to respond to national emergency, to comply with sensitive personal information are not
performance of his or her duties, where such transferred to third parties: Provided,
performance is lawful, he or she shall be the purposes for which they are collected and the requirements of public order and safety, or
processed; to fulfill functions of public authority which finally, That consent of the data subject was
reimbursed by the Commission for reasonable obtained prior to processing;
costs of litigation. necessarily includes the processing of
(e) Retained only for as long as necessary for personal data for the fulfillment of its mandate;
the fulfillment of the purposes for which the or (e) The processing is necessary for purposes
SEC. 10. The Secretariat. – The Commission of medical treatment, is carried out by a
is hereby authorized to establish a Secretariat. data was obtained or for the establishment,
exercise or defense of legal claims, or for (f) The processing is necessary for the medical practitioner or a medical treatment
Majority of the members of the Secretariat institution, and an adequate level of protection
must have served for at least five (5) years in legitimate business purposes, or as provided purposes of the legitimate interests pursued
by law; and by the personal information controller or by a of personal information is ensured; or
any agency of the government that is involved
in the processing of personal information third party or parties to whom the data is
including, but not limited to, the following (f) Kept in a form which permits identification disclosed, except where such interests are (f) The processing concerns such personal
offices: Social Security System (SSS), of data subjects for no longer than is overridden by fundamental rights and information as is necessary for the protection
Government Service Insurance System necessary for the purposes for which the data freedoms of the data subject which require of lawful rights and interests of natural or legal
(GSIS), Land Transportation Office (LTO), were collected and processed: Provided, That protection under the Philippine Constitution. persons in court proceedings, or the
Bureau of Internal Revenue (BIR), Philippine personal information collected for other establishment, exercise or defense of legal
Health Insurance Corporation (PhilHealth),
claims, or when provided to government or (4) The recipients or classes of recipients to (6) Information on automated processes incapacitated or incapable of exercising the
public authority. whom they are or may be disclosed; where the data will or likely to be made as the rights as enumerated in the immediately
sole basis for any decision significantly preceding section.
SEC. 14. Subcontract of Personal Information. (5) Methods utilized for automated access, if affecting or will affect the data subject;
– A personal information controller may the same is allowed by the data subject, and SEC. 18. Right to Data Portability. – The data
subcontract the processing of personal the extent to which such access is authorized; (7) Date when his or her personal information subject shall have the right, where personal
information: Provided, That the personal concerning the data subject were last information is processed by electronic means
information controller shall be responsible for (6) The identity and contact details of the accessed and modified; and and in a structured and commonly used
ensuring that proper safeguards are in place personal information controller or its format, to obtain from the personal information
to ensure the confidentiality of the personal representative; (8) The designation, or name or identity and controller a copy of data undergoing
information processed, prevent its use for address of the personal information controller; processing in an electronic or structured
unauthorized purposes, and generally, comply format, which is commonly used and allows for
with the requirements of this Act and other (7) The period for which the information will be further use by the data subject. The
laws for processing of personal information. stored; and (d) Dispute the inaccuracy or error in the Commission may specify the electronic format
The personal information processor shall personal information and have the personal referred to above, as well as the technical
comply with all the requirements of this Act (8) The existence of their rights, i.e., to information controller correct it immediately standards, modalities and procedures for their
and other applicable laws. access, correction, as well as the right to and accordingly, unless the request is transfer.
lodge a complaint before the Commission. vexatious or otherwise unreasonable. If the
personal information have been corrected, the
SEC. 15. Extension of Privileged personal information controller shall ensure SEC. 19. Non-Applicability. – The immediately
Communication. – Personal information Any information supplied or declaration made the accessibility of both the new and the preceding sections are not applicable if the
controllers may invoke the principle of to the data subject on these matters shall not retracted information and the simultaneous processed personal information are used only
privileged communication over privileged be amended without prior notification of data receipt of the new and the retracted for the needs of scientific and statistical
information that they lawfully control or subject: Provided, That the notification under information by recipients research and, on the basis of such, no
process. Subject to existing laws and subsection (b) shall not apply should the thereof: Provided, That the third parties who activities are carried out and no decisions are
regulations, any evidence gathered on personal information be needed pursuant to have previously received such processed taken regarding the data
privileged information is inadmissible. a subpoena or when the collection and personal information shall he informed of its subject: Provided, That the personal
processing are for obvious purposes, including inaccuracy and its rectification upon information shall be held under strict
CHAPTER IV RIGHTS OF THE DATA when it is necessary for the performance of or reasonable request of the data subject; confidentiality and shall be used only for the
SUBJECT in relation to a contract or service or when declared purpose. Likewise, the immediately
necessary or desirable in the context of an preceding sections are not applicable to
employer-employee relationship, between the (e) Suspend, withdraw or order the blocking, processing of personal information gathered
SEC. 16. Rights of the Data Subject. – The collector and the data subject, or when the removal or destruction of his or her personal for the purpose of investigations in relation to
data subject is entitled to: information is being collected and processed information from the personal information any criminal, administrative or tax liabilities of
as a result of legal obligation; controller’s filing system upon discovery and a data subject.
(a) Be informed whether personal information substantial proof that the personal information
pertaining to him or her shall be, are being or are incomplete, outdated, false, unlawfully
(c) Reasonable access to, upon demand, the obtained, used for unauthorized purposes or CHAPTER V SECURITY OF PERSONAL
have been processed; following: INFORMATION
are no longer necessary for the purposes for
which they were collected. In this case, the
(b) Be furnished the information indicated (1) Contents of his or her personal information personal information controller may notify third SEC. 20. Security of Personal Information. –
hereunder before the entry of his or her that were processed; parties who have previously received such (a) The personal information controller must
personal information into the processing processed personal information; and implement reasonable and appropriate
system of the personal information controller, organizational, physical and technical
or at the next practical opportunity: (2) Sources from which personal information measures intended for the protection of
were obtained; (f) Be indemnified for any damages sustained
due to such inaccurate, incomplete, outdated, personal information against any accidental or
(1) Description of the personal information to false, unlawfully obtained or unauthorized use unlawful destruction, alteration and disclosure,
be entered into the system; (3) Names and addresses of recipients of the of personal information. as well as against any other unlawful
personal information; processing.
(2) Purposes for which they are being or are to SEC. 17. Transmissibility of Rights of the Data
be processed; (4) Manner by which such data were Subject. – The lawful heirs and assigns of the (b) The personal information controller shall
processed; data subject may invoke the rights of the data implement reasonable and appropriate
subject for, which he or she is an heir or measures to protect personal information
(3) Scope and method of the personal against natural dangers such as accidental
information processing; (5) Reasons for the disclosure of the personal assignee at any time after the death of the
data subject or when the data subject is loss or destruction, and human dangers such
information to recipients;
as unlawful access, fraudulent misuse, (f) The personal information controller shall contractual or other reasonable means to (1) Deadline for Approval or Disapproval – In
unlawful destruction, alteration and promptly notify the Commission and affected provide a comparable level of protection while the case of any request submitted to the head
contamination. data subjects when sensitive personal the information are being processed by a third of an agency, such head of the agency shall
information or other information that may, party. approve or disapprove the request within two
(c) The determination of the appropriate level under the circumstances, be used to enable (2) business days after the date of submission
of security under this section must take into identity fraud are reasonably believed to have (b) The personal information controller shall of the request. In case there is no action by
account the nature of the personal information been acquired by an unauthorized person, and designate an individual or individuals who are the head of the agency, then such request is
to be protected, the risks represented by the the personal information controller or the accountable for the organization’s compliance considered disapproved;
processing, the size of the organization and Commission believes (bat such unauthorized with this Act. The identity of the individual(s)
complexity of its operations, current data acquisition is likely to give rise to a real risk of so designated shall be made known to any (2) Limitation to One thousand (1,000)
privacy best practices and the cost of security serious harm to any affected data subject. The data subject upon request. Records – If a request is approved, the head
implementation. Subject to guidelines as the notification shall at least describe the nature of of the agency shall limit the access to not
Commission may issue from time to time, the the breach, the sensitive personal information more than one thousand (1,000) records at a
possibly involved, and the measures taken by CHAPTER VII SECURITY OF SENSITIVE
measures implemented must include: PERSONAL INFORMATION IN time; and
the entity to address the breach. Notification
may be delayed only to the extent necessary GOVERNMENT
(1) Safeguards to protect its computer network to determine the scope of the breach, to (3) Encryption – Any technology used to store,
against accidental, unlawful or unauthorized prevent further disclosures, or to restore SEC. 22. Responsibility of Heads of transport or access sensitive personal
usage or interference with or hindering of their reasonable integrity to the information and Agencies. – All sensitive personal information information for purposes of off-site access
functioning or availability; communications system. maintained by the government, its agencies approved under this subsection shall be
and instrumentalities shall be secured, as far secured by the use of the most secure
(2) A security policy with respect to the as practicable, with the use of the most encryption standard recognized by the
(1) In evaluating if notification is unwarranted, Commission.
processing of personal information; the Commission may take into account appropriate standard recognized by the
compliance by the personal information information and communications technology
(3) A process for identifying and accessing controller with this section and existence of industry, and as recommended by the The requirements of this subsection shall be
reasonably foreseeable vulnerabilities in its good faith in the acquisition of personal Commission. The head of each government implemented not later than six (6) months after
computer networks, and for taking preventive, information. agency or instrumentality shall be responsible the date of the enactment of this Act.
corrective and mitigating action against for complying with the security requirements
security incidents that can lead to a security mentioned herein while the Commission shall SEC. 24. Applicability to Government
(2) The Commission may exempt a personal monitor the compliance and may recommend
breach; and information controller from notification where, Contractors. – In entering into any contract
the necessary action in order to satisfy the that may involve accessing or requiring
in its reasonable judgment, such notification minimum standards.
(4) Regular monitoring for security breaches would not be in the public interest or in the sensitive personal information from one
and a process for taking preventive, corrective interests of the affected data subjects. thousand (1,000) or more individuals, an
and mitigating action against security incidents SEC. 23. Requirements Relating to Access by agency shall require a contractor and its
that can lead to a security breach. Agency Personnel to Sensitive Personal employees to register their personal
(3) The Commission may authorize Information. – (a) On-site and Online Access – information processing system with the
postponement of notification where it may Except as may be allowed through guidelines Commission in accordance with this Act and to
(d) The personal information controller must hinder the progress of a criminal investigation to be issued by the Commission, no employee comply with the other provisions of this Act
further ensure that third parties processing related to a serious breach. of the government shall have access to including the immediately preceding section, in
personal information on its behalf shall sensitive personal information on government the same manner as agencies and
implement the security measures required by CHAPTER VI ACCOUNTABILITY FOR property or through online facilities unless the government employees comply with such
this provision. TRANSFER OF PERSONAL INFORMATION employee has received a security clearance requirements.
from the head of the source agency.
(e) The employees, agents or representatives SEC. 21. Principle of Accountability. – Each CHAPTER VIII PENALTIES
of a personal information controller who are personal information controller is responsible (b) Off-site Access – Unless otherwise
involved in the processing of personal for personal information under its control or provided in guidelines to be issued by the
information shall operate and hold personal SEC. 25. Unauthorized Processing of
custody, including information that have been Commission, sensitive personal information Personal Information and Sensitive Personal
information under strict confidentiality if the transferred to a third party for processing, maintained by an agency may not be
personal information are not intended for Information. – (a) The unauthorized
whether domestically or internationally, subject transported or accessed from a location off processing of personal information shall be
public disclosure. This obligation shall to cross-border arrangement and cooperation. government property unless a request for such
continue even after leaving the public service, penalized by imprisonment ranging from one
transportation or access is submitted and (1) year to three (3) years and a fine of not
transfer to another position or upon approved by the head of the agency in
termination of employment or contractual (a) The personal information controller is less than Five hundred thousand pesos
accountable for complying with the accordance with the following guidelines: (Php500,000.00) but not more than Two
relations.
requirements of this Act and shall use million pesos (Php2,000,000.00) shall be
imposed on persons who process personal has otherwise placed the personal information and security data systems, breaks in any way thousand pesos (Php500,000.00) but not more
information without the consent of the data of an individual in its container for trash into any system where personal and sensitive than Two million pesos (Php2,000,000.00).
subject, or without being authorized under this collection. personal information is stored.
Act or any existing law. SEC. 33. Combination or Series of Acts.
(b) The improper disposal of sensitive SEC. 30. Concealment of Security Breaches – Any combination or series of acts as defined
(b) The unauthorized processing of personal personal information shall be penalized by Involving Sensitive Personal Information. in Sections 25 to 32 shall make the person
sensitive information shall be penalized by imprisonment ranging from one (1) year to – The penalty of imprisonment of one (1) year subject to imprisonment ranging from three (3)
imprisonment ranging from three (3) years to three (3) years and a fine of not less than One and six (6) months to five (5) years and a fine years to six (6) years and a fine of not less
six (6) years and a fine of not less than Five hundred thousand pesos (Php100,000.00) but of not less than Five hundred thousand pesos than One million pesos (Php1,000,000.00) but
hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php500,000.00) but not more than One not more than Five million pesos
not more than Four million pesos (Php1,000,000.00) shall be imposed on million pesos (Php1,000,000.00) shall be (Php5,000,000.00).
(Php4,000,000.00) shall be imposed on persons who knowingly or negligently dispose, imposed on persons who, after having
persons who process personal information discard or abandon the personal information of knowledge of a security breach and of the SEC. 34. Extent of Liability. – If the offender is
without the consent of the data subject, or an individual in an area accessible to the obligation to notify the Commission pursuant a corporation, partnership or any juridical
without being authorized under this Act or any public or has otherwise placed the personal to Section 20(f), intentionally or by omission person, the penalty shall be imposed upon the
existing law. information of an individual in its container for conceals the fact of such security breach. responsible officers, as the case may be, who
trash collection. participated in, or by their gross negligence,
SEC. 26. Accessing Personal Information and SEC. 31. Malicious Disclosure. – Any allowed the commission of the crime. If the
Sensitive Personal Information Due to SEC. 28. Processing of Personal Information personal information controller or personal offender is a juridical person, the court may
Negligence. – (a) Accessing personal and Sensitive Personal Information for information processor or any of its officials, suspend or revoke any of its rights under this
information due to negligence shall be Unauthorized Purposes. – The processing of employees or agents, who, with malice or in Act. If the offender is an alien, he or she shall,
penalized by imprisonment ranging from one personal information for unauthorized bad faith, discloses unwarranted or false in addition to the penalties herein prescribed,
(1) year to three (3) years and a fine of not purposes shall be penalized by imprisonment information relative to any personal be deported without further proceedings after
less than Five hundred thousand pesos ranging from one (1) year and six (6) months information or personal sensitive information serving the penalties prescribed. If the
(Php500,000.00) but not more than Two to five (5) years and a fine of not less than obtained by him or her, shall be subject to offender is a public official or employee and lie
million pesos (Php2,000,000.00) shall be Five hundred thousand pesos imprisonment ranging from one (1) year and or she is found guilty of acts penalized under
imposed on persons who, due to negligence, (Php500,000.00) but not more than One six (6) months to five (5) years and a fine of Sections 27 and 28 of this Act, he or she shall,
provided access to personal information million pesos (Php1,000,000.00) shall be not less than Five hundred thousand pesos in addition to the penalties prescribed herein,
without being authorized under this Act or any imposed on persons processing personal (Php500,000.00) but not more than One suffer perpetual or temporary absolute
existing law. information for purposes not authorized by the million pesos (Php1,000,000.00). disqualification from office, as the case may
data subject, or otherwise authorized under be.
(b) Accessing sensitive personal information this Act or under existing laws. SEC. 32. Unauthorized Disclosure. – (a) Any
due to negligence shall be penalized by personal information controller or personal SEC. 35. Large-Scale. – The maximum
imprisonment ranging from three (3) years to The processing of sensitive personal information processor or any of its officials, penalty in the scale of penalties respectively
six (6) years and a fine of not less than Five information for unauthorized purposes shall be employees or agents, who discloses to a third provided for the preceding offenses shall be
hundred thousand pesos (Php500,000.00) but penalized by imprisonment ranging from two party personal information not covered by the imposed when the personal information of at
not more than Four million pesos (2) years to seven (7) years and a fine of not immediately preceding section without the least one hundred (100) persons is harmed,
(Php4,000,000.00) shall be imposed on less than Five hundred thousand pesos consent of the data subject, shall he subject to affected or involved as the result of the above
persons who, due to negligence, provided (Php500,000.00) but not more than Two imprisonment ranging from one (1) year to mentioned actions.
access to personal information without being million pesos (Php2,000,000.00) shall be three (3) years and a fine of not less than Five
authorized under this Act or any existing law. imposed on persons processing sensitive hundred thousand pesos (Php500,000.00) but SEC. 36. Offense Committed by Public
personal information for purposes not not more than One million pesos Officer. – When the offender or the person
SEC. 27. Improper Disposal of Personal authorized by the data subject, or otherwise (Php1,000,000.00). responsible for the offense is a public officer
Information and Sensitive Personal authorized under this Act or under existing as defined in the Administrative Code of the
Information. – (a) The improper disposal of laws. (b) Any personal information controller or Philippines in the exercise of his or her duties,
personal information shall be penalized by personal information processor or any of its an accessory penalty consisting in the
imprisonment ranging from six (6) months to SEC. 29. Unauthorized Access or Intentional officials, employees or agents, who discloses disqualification to occupy public office for a
two (2) years and a fine of not less than One Breach. – The penalty of imprisonment to a third party sensitive personal information term double the term of criminal penalty
hundred thousand pesos (Php100,000.00) but ranging from one (1) year to three (3) years not covered by the immediately preceding imposed shall he applied.
not more than Five hundred thousand pesos and a fine of not less than Five hundred section without the consent of the data
(Php500,000.00) shall be imposed on persons thousand pesos (Php500,000.00) but not more subject, shall be subject to imprisonment SEC. 37. Restitution. – Restitution for any
who knowingly or negligently dispose, discard than Two million pesos (Php2,000,000.00) ranging from three (3) years to five (5) years aggrieved party shall be governed by the
or abandon the personal information of an shall be imposed on persons who knowingly and a fine of not less than Five hundred provisions of the New Civil Code.
individual in an area accessible to the public or and unlawfully, or violating data confidentiality
CHAPTER IX MISCELLANEOUS SEC. 43. Separability Clause. – If any (b) Protect every child from all (2) computer-generated,
PROVISIONS provision or part hereof is held invalid or forms of exploitation and abuse digitally or manually
unconstitutional, the remainder of the law or including, but not limited to: crafted images or
SEC. 38. Interpretation. – Any doubt in the the provision not otherwise affected shall graphics of a person
interpretation of any provision of this Act shall remain valid and subsisting. (1) the use of a child in who is represented or
be liberally interpreted in a manner mindful of pornographic who is made to appear
the rights and interests of the individual about SEC. 44. Repealing Clause. – The provision performances and to be a child as defined
whom personal information is processed. of Section 7 of Republic Act No. 9372, materials; and herein.
otherwise known as the “Human Security Act
SEC. 39. Implementing Rules and of 2007”, is hereby amended. Except as (2) the inducement or (b) "Child pornography" refers to
Regulations (IRR). – Within ninety (90) days otherwise expressly provided in this Act, all coercion of a child to any representation, whether visual,
from the effectivity of this Act, the Commission other laws, decrees, executive orders, engage or be involved in audio, or written combination
shall promulgate the rules and regulations to proclamations and administrative regulations pornography through thereof, by electronic, mechanical,
effectively implement the provisions of this or parts thereof inconsistent herewith are whatever means; and digital, optical, magnetic or any
Act. hereby repealed or modified accordingly. other means, of child engaged or
involved in real or simulated explicit
(c) Comply with international sexual activities.
SEC. 40. Reports and Information. – The SEC. 45. Effectivity Clause. – This Act shall treaties to which the Philippines is a
Commission shall annually report to the take effect fifteen (15) days after its publication signatory or a State party
President and Congress on its activities in in at least two (2) national newspapers of concerning the rights of children (c) "Explicit Sexual Activity"
carrying out the provisions of this Act. The general circulation. which include, but not limited to, the includes actual or simulated -
Commission shall undertake whatever efforts Convention on the Rights of the
it may determine to be necessary or Child, the Optional Protocol to the (1) As to form:
appropriate to inform and educate the public of RA 9975 Convention on the Rights of the
data privacy, data protection and fair AN ACT DEFINING THE CRIME OF CHILD Child of the Child on the Sale of (i) sexual intercourse or
information rights and responsibilities. PORNOGRAPHY, PRESCRIBING Children, Child Prostitution and lascivious act including,
PENALTIES THEREFOR AND FOR OTHER Child Pornography, the but not limited to,
SEC. 41. Appropriations Clause. – The PURPOSES International Labor Organization contact involving genital
Commission shall be provided with an initial (ILO) Convention No.182 on the to genital, oral to genital,
appropriation of Twenty million pesos Elimination of the Worst Forms of anal to genital, or oral to
Be it enacted by the Senate and House of Child Labor and the Convention
(Php20,000,000.00) to be drawn from the anal, whether between
Representatives of the Philippines in Against Transnational Organized
national government. Appropriations for the persons of the same or
Congress assembled: Crime.
succeeding years shall be included in the opposite sex;
General Appropriations Act. It shall likewise
receive Ten million pesos (Php10,000,000.00) Section 1. Short Title. - This Act shall be Section 3. Definition of Terms. - (2) bestiality;
per year for five (5) years upon known as the "Anti-Child Pornography Act
implementation of this Act drawn from the of 2009."
(a) "Child" refers to a person below (3) masturbation;
national government. eighteen (18) years of age or over,
Section 2. Declaration of Policy. - The State but is unable to fully take care of
SEC. 42. Transitory Provision. – Existing recognizes the vital role of the youth in nation himself/herself from abuse, neglect, (4) sadistic or
industries, businesses and offices affected by building and shall promote and protect their cruelty, exploitation or masochistic abuse;
the implementation of this Act shall be given physical, moral, spiritual, intellectual, discrimination because of a
one (1) year transitory period from the emotional, psychological and social well- physical or mental disability or (5) lascivious exhibition
effectivity of the IRR or such other period as being. Towards this end, the State shall: condition. of the genitals, buttocks,
may be determined by the Commission, to breasts, pubic area
comply with the requirements of this Act. (a) Guarantee the fundamental For the purpose of this Act, a child and/or anus; or
rights of every child from all forms shall also refer to:
In case that the DICT has not yet been of neglect, cruelty and other (6) use of any object or
created by the time the law takes full force and conditions prejudicial to his/her instrument for lascivious
(1) a person regardless
effect, the National Privacy Commission shall development; acts
of age who is presented,
be attached to the Office of the President. depicted or portrayed as
a child as defined (d) "Internet address" refers to a
herein; and website, bulletin board service,
internet chat room or news group, actual content of the material or to engage, participate or assist in (e) Officer or social worker of the
or any other internet or shared purported material. any form of child pornography; Department of Social Welfare and
network protocol address. Development (DSWD);
(k) "Person" refers to any natural or (h) To engage in the luring or
(e) "Internet cafe or kiosk" refers to juridical entity. grooming of a child; (f) Local social welfare
an establishment that offers or development officer;
proposes to offer services to the Section 4. Unlawful or Prohibited Acts. - It (i) To engage in pandering of any
public for the use of its computer/s shall be unlawful for any person: form of child pornography; (g) Barangay chairman;
or computer system for the purpose
of accessing the internet, computer
games or related services. (a) To hire, employ, use, persuade, (j) To willfully access any form of (h) Any law enforcement officer;
induce or coerce a child to perform child pornography;
in the creation or production of any (i) At least three (3) concerned
(f) "Internet content host" refers to a form of child pornography;
person who hosts or who proposes (k) To conspire to commit any of responsible citizens residing in the
to host internet content in the the prohibited acts stated in this place where the violation occurred;
Philippines. (b) To produce, direct, manufacture section. Conspiracy to commit any or
or create any form of child form of child pornography shall be
pornography; committed when two (2) or more (j) Any person who has personal
(g) "Internet service provider (ISP)" persons come to an agreement
refers to a person or entity that knowledge of the circumstances of
(c) To publish offer, transmit, sell, concerning the commission of any the commission of any offense
supplies or proposes to supply, an of the said prohibited acts and
internet carriage service to the distribute, broadcast, advertise, under this Act.
promote, export or import any form decide to commit it; and
public.
of child pornography; Section 7. Appointment of Special
(l) To possess any form of child Prosecutors. - The Department of Justice
(h) "Grooming" refers to the act of pornography.
preparing a child or someone who (d) To possess any form of child (DOJ) shall appoint or designate special
the offender believes to be a child pornography with the intent to sell, prosecutors to prosecute cases for the
for sexual activity or sexual distribute, publish, or broadcast: Section 5. Syndicated Child Pornography - violation of this Act.
relationship by communicating any Provided. That possession of three The crime of child pornography is deemed
form of child pornography. It (3) or more articles of child committed by a syndicate if carried out by a Section 8. Jurisdiction. - Jurisdiction over
includes online enticement or pornography of the same form shall group of three (3) or more persons conspiring cases for the violation of this Act shall be
enticement through any other be prima facie evidence of the or confederating with one another and shall be vested in the Family Court which has territorial
means. intent to sell, distribute, publish or punished under Section 15(a) of this Act. jurisdiction over the place where the offense or
broadcast; any of its essential elements was committed
(i) "Luring" refers to the act of Section 6. Who May File a Complaint. - pursuant to Republic Act No. 8369, otherwise
communicating, by means of a (e) To knowingly, willfully and Complaints on cases of any form of child known as "Family Courts Act of 1997".
computer system, with a child or intentionally provide a venue for the pornography and other offenses punishable
someone who the offender believes commission of prohibited acts as, under this Act may be filed by the following: Section 9. Duties of an Internet Service
to be a child for the purpose of but not limited to, dens, private Provider (ISP). - All internet service providers
facilitating the commission of rooms, cubicles, cinemas, houses (a) Offended party; (ISPs) shall notify the Philippine National
sexual activity or production of any or in establishments purporting to Police (PNP) or the National Bureau of
form of child pornography.(2) be a legitimate business; Investigation (NBI) within seven (7) days from
Bestiality; (b) Parents or guardians;
obtaining facts and circumstances that any
(f) For film distributors, theaters and form of child pornography is being committed
(j) "Pandering" refers to the act of telecommunication companies, by (c) Ascendant or collateral relative using its server or facility. Nothing in this
offering, advertising, promoting, themselves or in cooperation with within the third degree of section may be construed to require an ISP to
representing or distributing through other entities, to distribute any form consanguinity; engage in the monitoring of any user,
any means any material or of child pornography; subscriber or customer, or the content of any
purported material that is intended (d) Officer, social worker or communication of any such person: Provided,
to cause another to believe that the (g) For a parent, legal guardian or representative of a licensed child- That no ISP shall be held civilly liable for
material or purported material person having custody or control of caring institution; damages on account of any notice given in
contains any form of child a child to knowingly permit the child good faith in compliance with this section.
pornography, regardless of the
Furthermore, an ISP shall preserve such banks and any person who has direct authority to monitor and regulate the enforcement agencies
evidence for purpose of investigation and knowledge of any form of child pornography establishment and operation of the same or and
prosecution by relevant authorities. activities shall have the duty to report any similar establishments in order to prevent
suspected child pornography materials or violation of the provisions of this Act. (6) Other persons as
An ISP shall, upon the request of proper transactions to the proper authorities within determined by the court.
authorities, furnish the particulars of users who seven (7) days from discovery thereof. Section 13. Confidentiality. - The right to
gained or attempted to gain access to an privacy of the child shall be ensured at any (d) Any form of child pornography
internet address which contains any form of Any willful and intentional violation of this stage of the investigation, prosecution and trial that is part of the court records
child pornography. provision shall be subject to the penalty of an offense under this Act. Towards this end, shall be subject to a protective
provided under Section 15(l) of this Act. the following rules shall be observed: order that provides as follows:
All ISPs shall install available technology,
program or software to ensure that access to Section 11. Duties of an Internet Content (a) The judge, prosecutor or any (1) Any form of child
or transmittal of any form of child pornography Host. - An internet content host shall: officer of the law to whom the pornography may be
will be blocked or filtered. complaint has been referred to viewed only by the
(a) Not host any form of child may, whenever necessary to parties, their counsel,
An ISP who shall knowingly, willfully and pornography on its internet ensure a fair and impartial their expert witness and
intentionally violate this provision shall be address; proceeding and after considering guardian ad litem;
subject to the penalty provided under Section all circumstances for the best
15(k) of this Act. interest of the child conduct a
(b) Within seven (7) days, report closed-door investigation, (2) Neither form of child
the presence of any form of child prosecution or trial; pornography nor any
The National Telecommunications pornography, as well as the portion thereof shall be
Commission (NTC) shall promulgate within particulars of the person divulged to any other
ninety (90) days from the effectivity of this Act maintaining, hosting, distributing or (b) The name and personal person, except as
the necessary rules and regulations for the in any manner contributing to such circumstances of the child, necessary for
implementation of this provision which shall internet address, to the proper including the child's immediate investigation,
include, among others, the installation of authorities; and family, or any other information prosecution or trial; and
filtering software that will block access to or tending to establish his/her identity
transmission of any form of the child shall not be disclosed to the public;
(c) Preserve such evidence for (3) No person shall be
pornography. purposes of investigation and granted access to any
prosecution by relevant authorities. (c) Any record regarding a child form of child
Section 10. Responsibility of Mall shall be confidential and kept under pornography or any part
Owners/Operators and Owners or Lessors of seal. Except upon written request thereof unless he/she
An internet content host shall, upon the and order of the court, a record
Other Business Establishments. - All mall request of proper authorities, furnish the signs a written
owners/operators and owners or lessors of shall be released only to the affirmation that he/she
particulars of users who gained or attempted following:
other business establishments shall notify the to gain access to an internet address that has received and read a
PNP or the NBI within seven (7) days from contains any form of child pornography. copy of the protection
obtaining facts and circumstances that child (1) Members of the court order; that he/she
pornography is being committed in their staff for administrative submits to the
premises. Provided, That public display of any An internet content host who shall knowingly, use; jurisdiction of the court
form of child pornography within their willfully and intentionally violate this provision with respect to the
premises is a conclusive presumption of the shall be subject to the penalty provided under protective order; and
Section 15(j) of this Act: Provided, That the (2) The prosecuting
knowledge of the mall owners/operators and attorney; that, in case of violation
owners or lessors of other business failure of the internet content host to remove thereof, he/she will be
establishments of the violation of this any form of child pornography within forty- subject to the contempt
Act: Provided, further, That a disputable eight (48) hours from receiving the notice that (3) Defense counsel; power of the court; and
presumption of knowledge by mall any form of child pornography is hitting its
owners/operators and owners or lessors of server shall be conclusive evidence of willful (4) The guardian ad
and intentional violation thereof. (e) In cases when prosecution or
other business establishments should know or litem; trial is conducted behind closed
reasonably know that a violation of this Act is doors, it shall be unlawful for any
being committed in their premises. Section 12. Authority to Regulate Internet editor, publisher and reporter or
(5) Agents of
Café or Kiosk. - The local government unit investigating law columnist in case of printed
Photo developers, information technology (LGU) of the city or municipality where an materials, announcer or producer in
professionals, credit card companies and internet café or kiosk is located shall have the case of television and radio,
 producer and director of a film in of reclusion temporal in its (h) Any person found guilty of (l) Any mall owner-operator and
case of the movie industry, or any maximum period and a fine of not violating Section 4(k) of this Act owner or lessor of other business
person utilizing the tri-media less than One million pesos shall suffer the penalty of prision establishments including photo
facilities or information technology (Php1,000,000.00) but not more correccional in its medium period developers, information technology
to publish or broadcast the names than Two million and a fine of not less than One professionals, credit card
of the victims of any case of child (Php2,000,000.00); hundred thousand pesos companies and banks, found guilty
pornography. (php100,000.00) but not more than of willfully and knowingly failing to
(c) Any person found guilty of Two hundred fifty thousand pesos comply with the notice
Any violation of this provision shall be subject violating Section 4(d), (e) and (f) of (php250,000.00); requirements under Section 10 of
to the penalty provided for under Section this Act shall suffer the penalty this Act shall suffer the penalty of a
15(m) of this Act. of reclusion temporal in its medium (i) Any person found guilty of fine of not less than One million
period and a fine of not less than violating Section 4(l) of this Act pesos (Php1,000,000.00) but not
Seven hundred fifty thousand shall suffer the penalty of arresto more than Two million pesos
Section 14. Care, Custody and Treatment of (Php2,000,000.00) for the first
a Child Victim. - The DSWD shall ensure that pesos (Php750,000.00) but not mayor in its minimum period and a
more than One million pesos fine of not less than Fifty thousand offense. In the case of a
the child who is a victim of any form of child subsequent offense, the penalty
pornography is provided appropriate care, (Php1,000,000.00); pesos (Php50,000.00) but not more
than One hundred thousand pesos shall be a fine of not less than Two
custody and support for their recovery and million pesos (Php2,000,000.00)
reintegration in accordance with existing laws. (d) Any person found guilty of (Php100,000.00);
but not more than Three million
violating Section 4(g) of this Act pesos (Php3,000,000.00) and
The child and his family shall be entitled to shall suffer the penalty of reclusion (j) Any person found guilty of revocation of its license to operate
protection as well as to the rights and benefits temporal in its minimum period and violating Section 11 of this Act shall and immediate closure of the
of witnesses under Republic Act No. a fine of not less than Five hundred suffer the penalty of prision establishment; and
6981, otherwise known as "The Witness thousand pesos (Php500,000.00) correccional in its medium period
Protection, Security and Benefit Act". but not more than Seven hundred and a fine of not less than One
thousand pesos (Php700,000.00); million pesos (Php1,000,000.00) (m) Any person found guilty of
but not more than Two million violating Section 13 of this Act shall
The child shall also be considered as a victim pesos (Php2,000,000.00) for the suffer the penalty of arresto
of a violent crime defined under Section 3(d) (e) Any person found guilty of mayor in its minimum period and a
violating Section 4(h) of this Act first offense. In the case of a
of Republic Act No. 7309, otherwise known as subsequent offense, the penalty fine of not less than One hundred
"An Act Creating a Board of Claims under the shall suffer the penalty of prision thousand pesos (Php100,000.00)
mayor in its maximum period and a shall be a fine not less than Two
Department of Justice for Victims of Unjust million pesos (Php2,000,000.00) but not more than Three hundred
Imprisonment or Detention and Victims of fine of not less than Three hundred thousand pesos (Php300,000.00).
thousand pesos (Php300,000.00) but not more than Three million
Violent Crimes and for Other Purposes", so pesos (Php3,000,000.00) and
that the child may claim compensation therein. but not more than Five hundred
thousand pesos (Php500,000.00); revocation of its license to operate Section 16. Common Penal Provisions. -
and immediate closure of the
Section 15. Penalties and Sanctions. - The establishment; (a) If the offender is a parent,
following penalties and sanctions are hereby (f) Any person found guilty of
violating Section 4(I) of this Act ascendant, guardian, step-parent
established for offenses enumerated in this (k) Any ISP found guilty of willfully or collateral relative within the third
Act: shall suffer the penalty of prision
mayor in its minimum period and a and knowingly failing to comply with degree of consanguinity or affinity
fine of not less than Three hundred the notice and installation or any person having control or
(a) Any person found guilty of thousand pesos (php300,000.00) requirements under Section 9 of moral ascendancy over the child,
syndicated child pornography as but not more than Five hundred this Act shall suffer the penalty of a the penalty provided herein shall be
defined in Section 5 of this Act shall thousand pesos (Php500,000.00); fine of not less than Five hundred in its maximum
suffer the penalty of reclusion thousand pesos (Php500,000.00) duration; Provided, That this
perpetua and a fine of not less than but not more than One million provision shall not apply to Section
Two million pesos (g) Any person found guilty of pesos (Php1,000,000.00) for the 4(g) of this Act;
(Php2,000,000.00) but not more violating Section 4(j) of this Act first offense. In case of subsequent
than Five million pesos shall suffer the penalty of prision offense, the penalty shall be a fine
correccional in its maximum period (b) If the offender is a juridical
(Php5,000,000.00); of not less than One million pesos person, the penalty shall be
and a fine of not less than Two (Php1,000,000.00) but not more
hundred thousand pesos imposed upon the owner, manager,
than Two million pesos partner, member of the board of
(b) Any person found guilty of (Php200,000.00) but not more than (Php2,000,000.00) and revocation
violating Section 4(a), (b) and (c) of Three hundred thousand pesos directors and/or any responsible
of its license to operate; officer who participated in the
this Act shall suffer the penalty (Php300,000.00);
commission of the crime or shall
 have knowingly permitted or failed Section 18. Mandatory Services to Victims of to the child pursuant to Section 18 (g) Commissioner of the National
to prevent its commissions; Child Pornography. - To ensure recovery, of this Act; Telecommunications Commission;
rehabilitation and reintegration into the
(c) If the offender is a foreigner, mainstream of society concerned government (b) Sponsorship of a national (h) Executive Director of the
he/she shall be immediately agencies and the LGUs shall make available research program on any form of Council for the Welfare of Children;
deported after the complete service the following services to victims of any form of child pornography and other acts
of his/her sentence and shall child pornography: covered by the law and the (i) Executive Director of the
forever be barred from entering the establishment of a data collection Philippine Center for Transnational
country; and (a) Emergency shelter or system for monitoring and Crimes;
appropriate housing; evaluation purposes;
(d) The penalty provided for in this (j) Executive Director of the Optical
Act shall be imposed in its (b) Counseling; (c) Provision of necessary technical Media Board;
maximum duration if the offender is and material support services to
a public officer or employee. (c) Free legal services, which shall appropriate government agencies
and nongovernmental (k) Director of the National Bureau
include information about the of Investigation; and
Section 17. Confiscation and Forfeiture of the victim's rights and the procedure for organizations:
Proceeds, Tools and Instruments Used in filing of complaints, claims for
Child Pornography. - In addition to the penalty compensation and such other legal (d) Sponsorship of conferences and (l) Three (3) representatives from
imposed for the violation of this Act, the court remedies available to them in a seminars to provide venue for children's nongovernmental
shall order the confiscation and forfeiture in language understood by the child; consensus building amongst the organizations. These
favor of the government of all the proceeds, public, the academe , government, representatives shall be nominated
tools and instruments used in the commission nongovernmental and international by the government agency
(d) Medical or psychological representatives of the Council for
of the crime, unless they are the property of a services; organizations and
third person not liable for the unlawful appointment by the President for a
act; Provided, however, That all awards for term of three (3) years and may be
(e) Livelihood and skills training; (e) Promotion of information and renewed upon renomination and
damages shall be taken from the personal and education campaign.
separate properties of the and reappointment by the Council and
offender; Provided, further, That if such the President respectively.
properties are insufficient, the deficiency shall (f) Educational assistance. Section 20. Inter - Agency Council against
be taken from the confiscated and forfeited Child Pornography. - There is hereby The members of the Council mat designate
proceeds, tools and instruments. established an Inter-Agency Council against their permanent representatives, who shall
Sustained supervision and follow through Child Pornography to be composed of the
mechanism that will track the progress of have a rank not lower than assistant secretary
Secretary of the DSWD as chairperson and or its equivalent, to meetings and shall receive
All proceeds derived from the sale of recovery, rehabilitation and reintegration of the the following as members:
properties used for the commission of any child victims shall adopted and carried out. emoluments as may be determined by the
form of child pornography shall accrue to the Council in accordance with existing budget
special account of the DSWD which shall be (a) Secretary of the Department of and accounting rules and regulations.
used exclusively for the implementation of this Section 19. Programs for Victims of Child Justice:
Act. Pornography. The Inter-Agency Council
Against Child Pornography created under The DSWD shall establish the necessary
Section 20 of this Act shall develop and (b) Secretary of the Department of Secretariat for the Council.
When the proceeds, tools and instruments implement the necessary programs that will Labor and Employment
used in the commission of the offense have prevent any form of child pornography, as well Section 21. Functions of the Council. - The
been destroyed diminished in value or as protect, heal and reintegrate the child into (c) Secretary of the Department of Council shall have the following powers and
otherwise rendered worthless by any act or the mainstream of society. Such programs Science and Technology functions:
omission, directly or indirectly, of the offender, shall include beat but not limited to the
or it has been concealed, removed, converted following:
or transferred to prevent the same from being (d) Chief of the Philippine National (a) Formulate comprehensive and
found or to avoid forfeiture or confiscation, the Police; integrated plans and programs to
offender shall be ordered to pay the amount (a) Provision of mandatory services prevent and suppress any form of
equal to the value of the proceeds, tools and including counseling free legal (e) Chairperson of the Commission child pornography;
instruments used in the commission of the services, medical or psychological on Information and
offense.1avvphi1 services, livelihood and skills Communications Technology; (b) Promulgate rules and
training and educational assistance regulations as may be necessary
for the effective implementation of (k) develop the mechanism to proceeds or monetary instrument or properly Section 25. Appropriations. - The amount
this Act; ensure the timely, coordinated and located in the Philippines used in connection necessary to implement the provisions of the
effective response to cases of child with child pornography in the Anti-Child Pornography Act and the
(c) Monitor and oversee the strict pornography; court; Provided, That if the DOJ refuses to act operationalization of the Inter-Agency Council
implementation of this Act; on the request of for delaying the execution Against Child Pornography shall be included in
(l) Recommend measures to thereof: Provided, further, That the principles the annual General Appropriations Act.
enhance cooperative efforts and of mutuality and reciprocity shall, for this
(d) Coordinate the programs and purpose, be at all times recognized.
projects of the various members mutual assistance among foreign Section 26. Implementing Rules and
agencies effectively address the countries through bilateral and/or Regulations. - The Inter- Agency Council
issues and problems attendant to multilateral arrangements to Section 23. Extradition. - The DOJ, in Against Child pornography shall promulgate
child pornography; prevent and suppress any form of consultation with the Department of Foreign the necessary implementing rules and
child pornography; Affairs (DFA), shall endeavor to include child regulations within ninety (90) days from the
pornography among extraditable offenses in effectivity of this Act.
(e) Conduct and coordinate future treaties.
massive information disseminations (m) Adopt measures and policies to
and campaign on the existence of protect the rights and needs of the Section 27. Suppletory Application of the
the law and the various issues and victims of child pornography who Section 24. Congressional Oversight Revised Penal Code. - The Revised penal
problems attendant to child are foreign nationals in the Committee. -There is hereby created a Code shall be suppletorily applicable to this
pornography; Philippines; Congressional Oversight Committee Act.
composed of five (5) members from the
(n) maintain a database of cases of Senate and five (5) members from the House Section 28. Separability Clause. - If any part
(f) Direct other agencies to of Representatives. The members from the
immediately respond to the child pornography; of this Act is declared unconstitutional or
Senate shall be appointed by the Senate invalid, the other provisions not affected
problems brought to their attention President based on proportional
and report to the Council on the (o) Initiate training programs in thereby shall continue to be in full force and
representation of the parties or coalition effect.
action taken; identifying and providing the therein with at least one (1) member
necessary intervention or representing the Minority. The members from
(g) Assist in the filling of cases assistance to victims of child the House of Representative shall be Section 29. Repealing Clause. - All laws,
against individuals, agencies, pornography. appointed by the Speaker, also based on presidential decrees, executive orders,
institutions or establishments that proportional representation of the parties or administrative orders, rules and regulations
violate the provisions of this Act; (p) Submit to the President and the coalitions therein with the Chair of the House inconsistent with or contrary to the provisions
Congressional Oversight committee of Committee on Welfare of Children and at of this Act are deemed amended, modified or
credited herein the annual report least one (1) member representing the repealed accordingly.
(h) Formulate a program for the Minority
reintegration of victims of child on the policies, plans, programs
pornography; and activities of the Council relative Section 30. Effectivity. - This Act shall effect
to the implementation of this Act; The Committee shall be headed by the after fifteen (15) days following its complete
and respective Chairs of the Senate Committee on publication in the Official Gazette or in at least
(i) Secure from any department, Youth, Women and Family relations and the two (2) newspapers of general circulation.
bureau, office, agency or House of Representatives Committee on
instrumentality of the government (q) Exercise all the powers and
perform such other functions Justice. The Secretariat of the Congressional
or from NGOs and other civic Oversight Committee shall come from the
organizations such assistance as necessary to attain the purposes RA 10175
and objectives of this Act. existing Secretariat personnel of the
may be needed to effectively AN ACT DEFINING CYBERCRIME,
Committees of the Senate and the House of
implement this Act; Representatives concerned. PROVIDING FOR THE PREVENTION,
Section 22. Child Pornography as a INVESTIGATION, SUPPRESSION AND THE
Transnational Crime. - Pursuant to the IMPOSITION OF PENALTIES THEREFOR
(j) Complement the shared The Committee shall monitor and ensure the
government information system Convention on transnational Organized Crime, AND FOR OTHER PURPOSES
the DOJ may execute the request of a foreign effective implementation of this Act, determine
relative to child abuse and inherent weakness and loopholes in the law.
exploitation and ensure that the state for assistance in the investigation or
prosecution of any form of child pornography Recommend the necessary remedial legislator Be it enacted by the Senate and House of
proper agencies conduct a or administrative measures and perform such Representatives of the Philippines in
continuing research and study on by: (1) conducting a preliminary investigation
against the offender and, if appropriate, to file other duties and functions as may be Congress assembled:
the patterns and schemes of any necessary to attain the objectives of this Act.
form of child pornography which the necessary charges in court; (2) giving
form basis for policy formulation information needed by the foreign state; and CHAPTER I
and program direction; (3) to apply for an order of forfeiture of any PRELIMINARY PROVISIONS
SECTION 1. Title. — This Act shall be known grouping of such devices, capable of this country that the incapacity or destruction (1) The type of communication service used,
as the “Cybercrime Prevention Act of 2012”. performing logical, arithmetic, routing, or of or interference with such system and assets the technical provisions taken thereto and the
storage functions and which includes any would have a debilitating impact on security, period of service;
SEC. 2. Declaration of Policy. — The State storage facility or equipment or national or economic security, national public
recognizes the vital role of information and communications facility or equipment directly health and safety, or any combination of those (2) The subscriber’s identity, postal or
communications industries such as content related to or operating in conjunction with such matters. geographic address, telephone and other
production, telecommunications, broadcasting device. It covers any type of computer device access numbers, any assigned network
electronic commerce, and data processing, in including devices with data processing (k) Cybersecurity refers to the collection of address, billing and payment information,
the nation’s overall social and economic capabilities like mobile phones, smart phones, tools, policies, risk management approaches, available on the basis of the service
development. The State also recognizes the computer networks and other devices actions, training, best practices, assurance agreement or arrangement; and
importance of providing an environment connected to the internet. and technologies that can be used to protect
conducive to the development, acceleration, the cyber environment and organization and (3) Any other available information on the site
and rational application and exploitation of (e) Computer data refers to any user’s assets. of the installation of communication
information and communications technology representation of facts, information, or equipment, available on the basis of the
(ICT) to attain free, easy, and intelligible concepts in a form suitable for processing in a (l) Database refers to a representation of service agreement or arrangement.
access to exchange and/or delivery of computer system including a program suitable information, knowledge, facts, concepts, or
information; and the need to protect and to cause a computer system to perform a instructions which are being prepared,
safeguard the integrity of computer, computer function and includes electronic documents (p) Traffic data or non-content data refers to
processed or stored or have been prepared, any computer data other than the content of
and communications systems, networks, and and/or electronic data messages whether processed or stored in a formalized manner
databases, and the confidentiality, integrity, stored in local computer systems or online. the communication including, but not limited
and which are intended for use in a computer to, the communication’s origin, destination,
and availability of information and data stored system.
therein, from all forms of misuse, abuse, and route, time, date, size, duration, or type of
(f) Computer program refers to a set of underlying service.
illegal access by making punishable under the instructions executed by the computer to
law such conduct or conducts. In this light, the (m) Interception refers to listening to,
achieve intended results. recording, monitoring or surveillance of the
State shall adopt sufficient powers to CHAPTER II
effectively prevent and combat such offenses content of communications, including PUNISHABLE ACTS
by facilitating their detection, investigation, and (g) Computer system refers to any device or procuring of the content of data, either directly,
prosecution at both the domestic and group of interconnected or related devices, through access and use of a computer system
international levels, and by providing one or more of which, pursuant to a program, or indirectly, through the use of electronic SEC. 4. Cybercrime Offenses. — The
arrangements for fast and reliable international performs automated processing of data. It eavesdropping or tapping devices, at the following acts constitute the offense of
cooperation. covers any type of device with data processing same time that the communication is cybercrime punishable under this Act:
capabilities including, but not limited to, occurring.
computers and mobile phones. The device (a) Offenses against the confidentiality,
SEC. 3. Definition of Terms. — For purposes consisting of hardware and software may
of this Act, the following terms are hereby (n) Service provider refers to: integrity and availability of computer data and
include input, output and storage components systems:
defined as follows: which may stand alone or be connected in a
network or other similar devices. It also (1) Any public or private entity that provides to
(a) Access refers to the instruction, includes computer data storage devices or users of its service the ability to communicate (1) Illegal Access. – The access to the whole
communication with, storing data in, retrieving media. by means of a computer system; and or any part of a computer system without right.
data from, or otherwise making use of any
resources of a computer system or (h) Without right refers to either: (i) conduct (2) Any other entity that processes or stores (2) Illegal Interception. – The interception
communication network. undertaken without or in excess of authority; computer data on behalf of such made by technical means without right of any
or (ii) conduct not covered by established legal communication service or users of such non-public transmission of computer data to,
(b) Alteration refers to the modification or defenses, excuses, court orders, justifications, service. from, or within a computer system including
change, in form or substance, of an existing or relevant principles under the law. electromagnetic emissions from a computer
computer data or program. system carrying such computer data.
(o) Subscriber’s information refers to any
(i) Cyber refers to a computer or a computer information contained in the form of computer
(c) Communication refers to the transmission network, the electronic medium in which online data or any other form that is held by a service (3) Data Interference. — The intentional or
of information through ICT media, including communication takes place. provider, relating to subscribers of its services reckless alteration, damaging, deletion or
voice, video and other forms of data. other than traffic or content data and by which deterioration of computer data, electronic
identity can be established: document, or electronic data message, without
(j) Critical infrastructure refers to the computer right, including the introduction or transmission
(d) Computer refers to an electronic, systems, and/or networks, whether physical or of viruses.
magnetic, optical, electrochemical, or other virtual, and/or the computer programs,
data processing or communications device, or computer data and/or traffic data so vital to
(4) System Interference. — The intentional (b) Computer-related Offenses: higher than that provided for in Republic Act (b) Attempt in the Commission of Cybercrime.
alteration or reckless hindering or interference No. 9775. — Any person who willfully attempts to commit
with the functioning of a computer or computer (1) Computer-related Forgery. — any of the offenses enumerated in this Act
network by inputting, transmitting, damaging, (3) Unsolicited Commercial Communications. shall be held liable.
deleting, deteriorating, altering or suppressing — The transmission of commercial electronic
computer data or program, electronic (i) The input, alteration, or deletion of any
computer data without right resulting in communication with the use of computer SEC. 6. All crimes defined and penalized by
document, or electronic data message, without system which seek to advertise, sell, or offer the Revised Penal Code, as amended, and
right or authority, including the introduction or inauthentic data with the intent that it be
considered or acted upon for legal purposes for sale products and services are prohibited special laws, if committed by, through and with
transmission of viruses. unless: the use of information and communications
as if it were authentic, regardless whether or
not the data is directly readable and technologies shall be covered by the relevant
(5) Misuse of Devices. intelligible; or (i) There is prior affirmative consent from the provisions of this Act: Provided, That the
recipient; or penalty to be imposed shall be one (1) degree
(i) The use, production, sale, procurement, higher than that provided for by the Revised
(ii) The act of knowingly using computer data Penal Code, as amended, and special laws,
importation, distribution, or otherwise making which is the product of computer-related (ii) The primary intent of the communication is
available, without right, of: as the case may be.
forgery as defined herein, for the purpose of for service and/or administrative
perpetuating a fraudulent or dishonest design. announcements from the sender to its existing
(aa) A device, including a computer program, users, subscribers or customers; or SEC. 7. Liability under Other Laws. — A
designed or adapted primarily for the purpose prosecution under this Act shall be without
(2) Computer-related Fraud. — The prejudice to any liability for violation of any
of committing any of the offenses under this unauthorized input, alteration, or deletion of (iii) The following conditions are present:
Act; or provision of the Revised Penal Code, as
computer data or program or interference in amended, or special laws.
the functioning of a computer system, causing (aa) The commercial electronic
(bb) A computer password, access code, or damage thereby with fraudulent communication contains a simple, valid, and
similar data by which the whole or any part of intent: Provided, That if no CHAPTER III
reliable way for the recipient to reject. receipt PENALTIES
a computer system is capable of being of further commercial electronic messages
accessed with intent that it be used for the damage has yet been caused, the penalty (opt-out) from the same source;
purpose of committing any of the offenses imposable shall be one (1) degree lower. SEC. 8. Penalties. — Any person found guilty
under this Act. of any of the punishable acts enumerated in
(bb) The commercial electronic Sections 4(a) and 4(b) of this Act shall be
(3) Computer-related Identity Theft. – The communication does not purposely disguise punished with imprisonment of prision
(ii) The possession of an item referred to in intentional acquisition, use, misuse, transfer, the source of the electronic message; and
paragraphs 5(i)(aa) or (bb) above with intent to mayor or a fine of at least Two hundred
possession, alteration or deletion of identifying thousand pesos (PhP200,000.00) up to a
use said devices for the purpose of committing information belonging to another, whether
any of the offenses under this section. (cc) The commercial electronic communication maximum amount commensurate to the
natural or juridical, without does not purposely include misleading damage incurred or both.
right: Provided, That if no damage has yet information in any part of the message in order
(6) Cyber-squatting. – The acquisition of a been caused, the penalty imposable shall be to induce the recipients to read the message.
domain name over the internet in bad faith to one (1) degree lower. Any person found guilty of the punishable act
profit, mislead, destroy reputation, and deprive under Section 4(a)(5) shall be punished with
others from registering the same, if such a (4) Libel. — The unlawful or prohibited acts of imprisonment of prision mayor or a fine of not
(c) Content-related Offenses: libel as defined in Article 355 of the Revised more than Five hundred thousand pesos
domain name is:
Penal Code, as amended, committed through (PhP500,000.00) or both.
(1) Cybersex. — The willful engagement, a computer system or any other similar means
(i) Similar, identical, or confusingly similar to maintenance, control, or operation, directly or which may be devised in the future.
an existing trademark registered with the If punishable acts in Section 4(a) are
indirectly, of any lascivious exhibition of sexual committed against critical infrastructure, the
appropriate government agency at the time of organs or sexual activity, with the aid of a
the domain name registration: SEC. 5. Other Offenses. — The following acts penalty of reclusion temporal or a fine of at
computer system, for favor or consideration. shall also constitute an offense: least Five hundred thousand pesos
(PhP500,000.00) up to maximum amount
(ii) Identical or in any way similar with the (2) Child Pornography. — The unlawful or commensurate to the damage incurred or
name of a person other than the registrant, in (a) Aiding or Abetting in the Commission of both, shall be imposed.
prohibited acts defined and punishable Cybercrime. – Any person who willfully abets
case of a personal name; and by Republic Act No. 9775 or the Anti-Child or aids in the commission of any of the
Pornography Act of 2009, committed through offenses enumerated in this Act shall be held Any person found guilty of any of the
(iii) Acquired without right or with intellectual a computer system: Provided, That the liable. punishable acts enumerated in Section 4(c)(1)
property interests in it. penalty to be imposed shall be (1) one degree of this Act shall be punished with
imprisonment of prision mayor or a fine of at
least Two hundred thousand pesos person referred to and described in the duration, or type of underlying service, but not SEC. 14. Disclosure of Computer Data.
(PhP200,000.00) but not exceeding One preceding paragraph, for the benefit of that content, nor identities. — Law enforcement authorities, upon securing
million pesos (PhP1,000,000.00) or both. juridical person by a natural person acting a court warrant, shall issue an order requiring
under its authority, the juridical person shall be All other data to be collected or seized or any person or service provider to disclose or
Any person found guilty of any of the held liable for a fine equivalent to at least disclosed will require a court warrant. submit subscriber’s information, traffic data or
punishable acts enumerated in Section 4(c)(2) double the fines imposable in Section 7 up to relevant data in his/its possession or control
of this Act shall be punished with the penalties a maximum of Five million pesos within seventy-two (72) hours from receipt of
(PhP5,000,000.00). Service providers are required to cooperate the order in relation to a valid complaint
as enumerated in Republic Act No. 9775 or and assist law enforcement authorities in the
the “Anti-Child Pornography Act of officially docketed and assigned for
collection or recording of the above-stated investigation and the disclosure is necessary
2009”: Provided, That the penalty to be The liability imposed on the juridical person information.
imposed shall be one (1) degree higher than shall be without prejudice to the criminal and relevant for the purpose of investigation.
that provided for in Republic Act No. 9775, if liability of the natural person who has
committed through a computer system. committed the offense. The court warrant required under this section SEC. 15. Search, Seizure and Examination of
shall only be issued or granted upon written Computer Data. — Where a search and
application and the examination under oath or seizure warrant is properly issued, the law
Any person found guilty of any of the CHAPTER IV affirmation of the applicant and the witnesses
punishable acts enumerated in Section 4(c)(3) ENFORCEMENT AND IMPLEMENTATION enforcement authorities shall likewise have the
he may produce and the showing: (1) that following powers and duties.
shall be punished with imprisonment there are reasonable grounds to believe that
of arresto mayor or a fine of at least Fifty SEC. 10. Law Enforcement Authorities. any of the crimes enumerated hereinabove
thousand pesos (PhP50,000.00) but not — The National Bureau of Investigation (NBI) has been committed, or is being committed, or Within the time period specified in the warrant,
exceeding Two hundred fifty thousand pesos and the Philippine National Police (PNP) shall is about to be committed: (2) that there are to conduct interception, as defined in this Act,
(PhP250,000.00) or both. be responsible for the efficient and effective reasonable grounds to believe that evidence and:
law enforcement of the provisions of this Act. that will be obtained is essential to the
Any person found guilty of any of the The NBI and the PNP shall organize a conviction of any person for, or to the solution (a) To secure a computer system or a
punishable acts enumerated in Section 5 shall cybercrime unit or center manned by special of, or to the prevention of, any such crimes; computer data storage medium;
be punished with imprisonment one (1) degree investigators to exclusively handle cases and (3) that there are no other means readily
lower than that of the prescribed penalty for involving violations of this Act. available for obtaining such evidence. (b) To make and retain a copy of those
the offense or a fine of at least One hundred computer data secured;
thousand pesos (PhP100,000.00) but not SEC. 11. Duties of Law Enforcement SEC. 13. Preservation of Computer Data.
exceeding Five hundred thousand pesos Authorities. — To ensure that the technical — The integrity of traffic data and subscriber
(PhP500,000.00) or both. (c) To maintain the integrity of the relevant
nature of cybercrime and its prevention is information relating to communication services stored computer data;
given focus and considering the procedures provided by a service provider shall be
SEC. 9. Corporate Liability. — When any of involved for international cooperation, law preserved for a minimum period of six (6)
the punishable acts herein defined are enforcement authorities specifically the months from the date of the transaction. (d) To conduct forensic analysis or
knowingly committed on behalf of or for the computer or technology crime divisions or Content data shall be similarly preserved for examination of the computer data storage
benefit of a juridical person, by a natural units responsible for the investigation of six (6) months from the date of receipt of the medium; and
person acting either individually or as part of cybercrimes are required to submit timely and order from law enforcement authorities
an organ of the juridical person, who has a regular reports including pre-operation, post- requiring its preservation. (e) To render inaccessible or remove those
leading position within, based on: (a) a power operation and investigation results and such computer data in the accessed computer or
of representation of the juridical person other documents as may be required to the Law enforcement authorities may order a one- computer and communications network.
provided the act committed falls within the Department of Justice (DOJ) for review and time extension for another six (6)
scope of such authority; (b) an authority to monitoring. months: Provided, That once computer data
take decisions on behalf of the juridical Pursuant thereof, the law enforcement
preserved, transmitted or stored by a service authorities may order any person who has
person: Provided, That the act committed falls SEC. 12. Real-Time Collection of Traffic Data. provider is used as evidence in a case, the
within the scope of such authority; or (c) an knowledge about the functioning of the
— Law enforcement authorities, with due mere furnishing to such service provider of the computer system and the measures to protect
authority to exercise control within the juridical cause, shall be authorized to collect or record transmittal document to the Office of the
person, the juridical person shall be held liable and preserve the computer data therein to
by technical or electronic means traffic data in Prosecutor shall be deemed a notification to provide, as is reasonable, the necessary
for a fine equivalent to at least double the fines real-time associated with specified preserve the computer data until the
imposable in Section 7 up to a maximum of information, to enable the undertaking of the
communications transmitted by means of a termination of the case. search, seizure and examination.
Ten million pesos (PhP10,000,000.00). computer system.
The service provider ordered to preserve Law enforcement authorities may request for
If the commission of any of the punishable Traffic data refer only to the communication’s computer data shall keep confidential the
acts herein defined was made possible due to an extension of time to complete the
origin, destination, route, time, date, size, order and its compliance. examination of the computer data storage
the lack of supervision or control by a natural
medium and to make a return thereon but in violation of Presidential Decree No. 1829 with SEC. 24. Cybercrime Investigation and and nongovernment organizations in
no case for a period longer than thirty (30) imprisonment of prision correctional in its Coordinating Center. — There is hereby cybercrime prevention programs and other
days from date of approval by the court. maximum period or a fine of One hundred created, within thirty (30) days from the
thousand pesos (Php100,000.00) or both, for effectivity of this Act, an inter-agency body to related projects;
SEC. 16. Custody of Computer Data. — All each and every noncompliance with an order be known as the Cybercrime Investigation and
computer data, including content and traffic issued by law enforcement authorities. Coordinating Center (CICC), under the
administrative supervision of the Office of the (f) To recommend the enactment of
data, examined under a proper warrant shall, appropriate laws, issuances, measures and
within forty-eight (48) hours after the expiration CHAPTER V President, for policy coordination among
concerned agencies and for the formulation policies;
of the period fixed therein, be deposited with JURISDICTION
the court in a sealed package, and shall be and enforcement of the national cybersecurity
accompanied by an affidavit of the law plan. (g) To call upon any government agency to
SEC. 21. Jurisdiction. — The Regional Trial render assistance in the accomplishment of
enforcement authority executing it stating the Court shall have jurisdiction over any violation
dates and times covered by the examination, SEC. 25. Composition. — The CICC shall be the CICC’s mandated tasks and functions; and
of the provisions of this Act. including any
and the law enforcement authority who may violation committed by a Filipino national headed by the Executive Director of the
access the deposit, among other relevant regardless of the place of commission. Information and Communications Technology (h) To perform all other matters related to
data. The law enforcement authority shall also Jurisdiction shall lie if any of the elements was Office under the Department of Science and cybercrime prevention and suppression,
certify that no duplicates or copies of the committed within the Philippines or committed Technology (ICTO-DOST) as Chairperson including capacity building and such other
whole or any part thereof have been made, or with the use of any computer system wholly or with the Director of the NBI as Vice functions and duties as may be necessary for
if made, that all such duplicates or copies are partly situated in the country, or when by such Chairperson; the Chief of the PNP; Head of the proper implementation of this Act.
included in the package deposited with the commission any damage is caused to a the DOJ Office of Cybercrime; and one (1)
court. The package so deposited shall not be natural or juridical person who, at the time the representative from the private sector and
opened, or the recordings replayed, or used in academe, as members. The CICC shall be CHAPTER VIII
offense was committed, was in the Philippines. FINAL PROVISIONS
evidence, or then contents revealed, except manned by a secretariat of selected existing
upon order of the court, which shall not be personnel and representatives from the
granted except upon motion, with due notice There shall be designated special cybercrime different participating agencies. SEC. 27. Appropriations. — The amount of
and opportunity to be heard to the person or courts manned by specially trained judges to Fifty million pesos (PhP50,000,000.00) shall
persons whose conversation or handle cybercrime cases. be appropriated annually for the
SEC. 26. Powers and Functions. — The CICC
communications have been recorded. shall have the following powers and functions: implementation of this Act.
CHAPTER VI
SEC. 17. Destruction of Computer Data. — INTERNATIONAL COOPERATION SEC. 28. Implementing Rules and
(a) To formulate a national cybersecurity plan
Upon expiration of the periods as provided in and extend immediate assistance for the Regulations. — The ICTO-DOST, the DOJ
Sections 13 and 15, service providers and law Sec. 22. General Principles Relating to suppression of real-time commission of and the Department of the Interior and Local
enforcement authorities, as the case may be, International Cooperation — All relevant cybercrime offenses through a computer Government (DILG) shall jointly formulate the
shall immediately and completely destroy the international instruments on international emergency response team (CERT); necessary rules and regulations within ninety
computer data subject of a preservation and cooperation in criminal matters, arrangements (90) days from approval of this Act, for its
examination. agreed on the basis of uniform or reciprocal effective implementation.
legislation, and domestic laws, to the widest (b) To coordinate the preparation of
extent possible for the purposes of appropriate and effective measures to prevent
SEC. 18. Exclusionary Rule. — Any evidence and suppress cybercrime activities as SEC. 29. Separability Clause — If any
procured without a valid warrant or beyond the investigations or proceedings concerning provision of this Act is held invalid, the other
criminal offenses related to computer systems provided for in this Act;
authority of the same shall be inadmissible for provisions not affected shall remain in full
any proceeding before any court or tribunal. and data, or for the collection of evidence in force and effect.
electronic form of a criminal, offense shall be (c) To monitor cybercrime cases being
given full force and effect. bandied by participating law enforcement and
SEC. 19. Restricting or Blocking Access to prosecution agencies; SEC. 30. Repealing Clause. — All laws,
Computer Data. — When a computer data decrees or rules inconsistent with this Act are
is prima facie found to be in violation of the CHAPTER VII hereby repealed or modified accordingly.
provisions of this Act, the DOJ shall issue an COMPETENT AUTHORITIES (d) To facilitate international cooperation on Section 33(a) of Republic Act No. 8792 or the
order to restrict or block access to such intelligence, investigations, training and “Electronic Commerce Act” is hereby modified
computer data. SEC 23. Department of Justice (DOJ). — capacity building related to cybercrime accordingly.
There is hereby created an Office of prevention, suppression and prosecution;
SEC. 20. Noncompliance. — Failure to Cybercrime within the DOJ designated as the SEC. 31. Effectivity. — This Act shall take
comply with the provisions of Chapter IV central authority in all matters related to (e) To coordinate the support and participation effect fifteen (15) days after the completion of
hereof specifically the orders from law international mutual assistance and of the business sector, local government units its publication in the Official Gazette or in at
enforcement authorities shall be punished as a extradition.
least two (2) newspapers of general CHAPTER I (d) “Information and Communication System” (j) “Service provider” refers to a provider of —
circulation. refers to a system for generating, sending,
General Provisions receiving, storing or otherwise processing i) Online services or network access, or the
RA 879 electronic data messages or electronic operator of facilities therefor, including entities
documents and includes the computer system offering the transmission, routing, or providing
AN ACT PROVIDING FOR THE SECTION 3(3). Objective. — This Act aims to or other similar device by or in which data is of connections for online communications,
RECOGNITION AND USE OF ELECTRONIC facilitate domestic and international dealings, recorded or stored and any procedures related
COMMERCIAL AND NON-COMMERCIAL transactions, arrangements, agreements, digital or otherwise, between or among points
to the recording or storage of electronic data specified by a user, of electronic documents of
TRANSACTIONS, PENALTIES contracts and exchanges and storage of message or electronic document.
FOR UNLAWFUL USE THEREOF, AND information through the utilization of electronic, the user’s choosing; or
OTHER PURPOSES optical and similar medium, mode,
instrumentality and technology to recognize (e) “Electronic signature” refers to any ii) The necessary technical means by which
the authenticity and reliability of electronic distinctive mark, characteristic and/or sound in electronic documents of an originator may be
PART I data messages or electronic documents electronic form, representing the identity of a stored and made accessible to a designated
related to such activities and to promote the person and attached to or logically associated or undesignated third party.
Short Title and Declaration of Policy universal use of electronic transactions in the with the electronic data message or electronic
government and by the general public. document or any methodology or procedures
employed or adopted by a person and Such service providers shall have no authority
SECTION 1. Short Title. — This Act shall be executed or adopted by such person with the to modify or alter the content of the electronic
known and cited as the “Electronic Commerce SECTION 4(4). Sphere of Application. — This intention of authenticating or approving an document received or to make any entry
Act.” Act shall apply to any kind of electronic data electronic data message or electronic therein on behalf of the originator, addressee
message and electronic document used in the document. or any third party unless specifically
SECTION 2(2). Declaration of Policy. — The context of commercial and non-commercial authorized to do so, and who shall retain the
State recognizes the vital role of information activities to include domestic and international electronic document in accordance with the
dealings, transactions, arrangements, (f) “Electronic document” refers to information specific request or as necessary for the
and communications technology (ICT) in or the representation of information, data,
nation-building; the need to create an agreements, contracts and exchanges and purpose of performing the services it was
storage of information. figures, symbols or other modes of written engaged to perform.
information-friendly environment which expression, described or however
supports and ensures the availability, diversity represented, by which a right is established or
and affordability of ICT products and services; SECTION 5(5). Definition of Terms. — For the an obligation extinguished, or by which a fact CHAPTER II
the primary responsibility of the private sector purposes of this Act, the following terms are may be proved and affirmed, which is
in contributing investments and services in defined, as follows: received, recorded, transmitted, stored, Legal Recognition of Electronic Data
ICT; the need to develop, with appropriate processed, retrieved or produced Messages and Electronic Documents
training programs and institutional policy (a) “Addressee” refers to a person who is electronically.
changes, human resources for the information intended by the originator to receive the
age, a labor force skilled in the use of ICT and SECTION 6(6). Legal Recognition of
electronic data message or electronic (g) “Electronic key” refers to a secret code Electronic Data Message. — Information shall
a population capable of operating and utilizing document, but does not include a person
electronic appliances and computers; its which secures and defends sensitive not be denied validity or enforceability solely
acting as an intermediary with respect to that information that crosses over public channels on the ground that it is in the form of an
obligation to facilitate the transfer and electronic data message or electronic
promotion of technology; to ensure network into a form decipherable only with a matching electronic data message purporting to give
document. electronic key. rise to such legal effect, or that it is merely
security, connectivity and neutrality of
technology for the national benefit; and the incorporated by reference in that electronic
need to marshal, organize and deploy national (b) “Computer” refers to any device or (h) “Intermediary” refers to a person who in data message.
information infrastructures, comprising in both apparatus singly or interconnected which, by behalf of another person and with respect to a
communications network and strategic electronic, electro-mechanical, optical and/or particular electronic data message or SECTION 7(7). Legal Recognition of
information services, including their magnetic impulse, or other means with the electronic document sends, receives and/or Electronic Documents. — Electronic
interconnection to the global information same function, can receive, record, transmit, stores or provides other services in respect of documents shall have the legal effect, validity
networks, with the necessary and appropriate store, process, correlate, analyze, project, that electronic data message or electronic or enforceability as any other document or
legal, financial, diplomatic and technical retrieve and/or produce information, data, text, document. legal writing, and —
framework, systems and facilities. graphics, figures, voice, video, symbols or
other modes of expression or perform any one
or more of these functions. (i) “Originator” refers to a person by whom, or (a) Where the law requires a document to be
PART II on whose behalf, the electronic document in writing, that requirement is met by an
purports to have been created, generated electronic document if the said electronic
(c) “Electronic data message” refers to and/or sent. The term does not include a document maintains its integrity and reliability
Electronic Commerce in General information generated, sent, received or person acting as an intermediary with respect and can be authenticated so as to be usable
stored by electronic, optical or similar means. to that electronic document. for subsequent reference, in that —
(i) The electronic document has remained the parties interested in the electronic electronic document is shown by electronic data message or electronic
complete and unaltered, apart from the document, existed under which — evidence aliunde or otherwise; and document;
addition of any endorsement and any
authorized change, or any change which a.) A method is used to identify the party (b) where it is required that information be (b) The electronic data message or electronic
arises in the normal course of communication, sought to be bound and to indicate said party’s presented, that the information is capable of document shall be authenticated by proof that
storage and display; and access to the electronic document necessary being displayed to the person to whom it is to an appropriate security procedure, when
for his consent or approval through the be presented. applicable was adopted and employed for the
(ii) The electronic document is reliable in the electronic signature; purpose of verifying the originator of an
light of the purpose for which it was generated (2) Paragraph (1) applies whether the electronic data message or electronic
and in the light of all relevant circumstances. b.) Said method is reliable and appropriate for requirement therein is in the form of an document, or detecting error or alteration in
the purpose for which the electronic document obligation or whether the law simply provides the communication, content or storage of an
(b) Paragraph (a) applies whether the was generated or communicated, in the light consequences for the information not being electronic document or electronic data
requirement therein is in the form of an of all circumstances, including any relevant presented or retained in its original form. message from a specific point, which, using
obligation or whether the law simply provides agreement; algorithm or codes, identifying words or
consequences for the document not being numbers, encryptions, answers back or
(3) For the purposes of subparagraph (a) of acknowledgment procedures, or similar
presented or retained in its original form. c.) It is necessary for the party sought to be paragraph (1): security devices.
bound, in order to proceed further with the
(c) Where the law requires that a document be transaction, to have executed or provided the (a) the criteria for assessing integrity shall be
presented or retained in its original form, that electronic signature; and The Supreme Court may adopt such other
whether the information has remained authentication procedures, including the use of
requirement is met by an electronic document complete and unaltered, apart from the
if — electronic notarization systems as necessary
d.) The other party is authorized and enabled addition of any endorsement and any change and advisable, as well as the certificate of
to verify the electronic signature and to make which arises in the normal course of authentication on printed or hard copies of the
i) There exist a reliable assurance as to the the decision to proceed with the transaction communication, storage and display; and electronic documents or electronic data
integrity of the document from the time when it authenticated by the same. messages by electronic notaries, service
was first generated in its final form; and (b) the standard of reliability required shall be providers and other duly recognized or
SECTION 9(9). Presumption Relating to assessed in the light of the purpose for which appointed certification authorities.
ii) That document is capable of being Electronic Signatures. — In any proceedings the information was generated and in the light
displayed to the person to whom it is to be involving an electronic signature, it shall be of all the relevant circumstances. The person seeking to introduce an electronic
presented: Provided, That no provision of this presumed that, data message or electronic document in any
Act shall apply to vary any and all SECTION 11(11). Authentication of Electronic legal proceeding has the burden of proving its
requirements of existing laws on formalities a.) The electronic signature is the signature of Data Messages and Electronic Documents. — authenticity by evidence capable of supporting
required in the execution of documents for the person to whom it correlates; and Until the Supreme Court by appropriate rules a finding that the electronic data message or
their validity. shall have so provided, electronic documents, electronic document is what the person claims
electronic data messages and electronic it to be.
b.) The electronic signature was affixed by that
For evidentiary purposes, an electronic person with the intention of signing or signatures, shall be authenticated by
document shall be the functional equivalent of approving the electronic document unless the demonstrating, substantiating and validating a In the absence of evidence to the contrary, the
a written document under existing laws. person relying on the electronically signed claimed identity of a user, device, or another integrity of the information and communication
electronic document knows or has notice of entity in an information or communication system in which an electronic data message
This Act does not modify any statutory rule defects in or unreliability of the signature or system, among other ways, as follows: or electronic document is recorded or stored
relating to the admissibility of electronic data reliance on the electronic signature is not may be established in any legal proceeding —
messages or electronic documents, except the reasonable under the circumstances. (a) The electronic signature shall be
rules relating to authentication and best authenticated by proof that a letter, character, (a) By evidence that at all material times the
evidence. SECTION 10(10). Original Documents. — (1) number or other symbol in electronic form information and communication system or
Where the law requires information to be representing the persons named in and other similar device was operating in a manner
SECTION 8(8). Legal Recognition of presented or retained in its original form, that attached to or logically associated with an that did not affect the integrity of the electronic
Electronic Signatures. — An electronic requirement is met by an electronic data electronic data message, electronic document, data message or electronic document, and
signature on the electronic document shall be message or electronic document if: or that the appropriate methodology or there are no other reasonable grounds to
equivalent to the signature of a person on a security procedures, when applicable, were doubt the integrity of the information and
written document if the signature is an employed or adopted by a person and communication system;
(a) the integrity of the information from the executed or adopted by such person, with the
electronic signature and proved by showing time when it was first generated in its final
that a prescribed procedure, not alterable by intention of authenticating or approving an
form, as an electronic data message or (b) By showing that the electronic data
message or electronic document was
recorded or stored by a party to the ii. Is retained in the format in which it was validity or enforceability on the sole ground (3) As between the originator and the
proceedings who is adverse in interest to the generated, sent or received, or in a format that it is in the form of an electronic data addressee, an addressee is entitled to regard
party using it; or which can be demonstrated to accurately message or electronic document, or that any an electronic data message or electronic
represent the electronic data message or or all of the elements required under existing document as being that of the originator, and
(c) By showing that the electronic data electronic document generated, sent or laws for the formation of the contracts is to act on that assumption, if:
message or electronic document was received; expressed, demonstrated and proved by
recorded or stored in the usual and ordinary means of electronic data messages or (a) in order to ascertain whether the electronic
course of business by a person who is not a iii. Enables the identification of its originator electronic documents. data message or electronic document was that
party to the proceedings and who did not act and addressee, as well as the determination of of the originator, the addressee properly
under the control of the party using the record. the date and the time it was sent or received. (2) Electronic transactions made through applied a procedure previously agreed to by
networking among banks, or linkages thereof the originator for that purpose; or
SECTION 12(12). Admissibility and Evidential (b) The requirement referred to in paragraph with other entities or networks, and vice versa,
Weight of Electronic Data Messages or (a) is satisfied by using the services of a third shall be deemed consummated upon the (b) the electronic data message or electronic
Electronic Documents. — In any legal party, provided that the conditions set forth in actual dispensing of cash or the debit of one document as received by the addressee
proceedings, nothing in the application of the subparagraphs (i), (ii) and (iii) of paragraph (a) account and the corresponding credit to resulted from the actions of a person whose
rules on evidence shall deny the admissibility are met. another, whether such transaction is initiated relationship with the originator or with any
of an electronic data message or electronic by the depositor or by an authorized collecting agent of the originator enabled that person to
document in evidence — party: Provided, That the obligation of one gain access to a method used by the
SECTION 14(14). Proof by Affidavit. — The bank, entity, or person similarly situated to
matters referred to in Section 12, on originator to identify electronic data messages
another arising therefrom shall be considered or electronic documents as his own.
a. On the sole ground that it is in electronic admissibility and Section 9, on the absolute and shall not be subjected to the
form; or presumption of integrity, may be presumed to process of preference of credits.
have been established by an affidavit given to (4) Paragraph (3) does not apply:
b. On the ground that it is not in the standard the best of the deponent’s knowledge subject
to the rights of parties in interest as defined in SECTION 17(17). Recognition by Parties of
written form, and the electronic data message Electronic Data Message or Electronic (a) as of the time when the addressee has
or electronic document meeting, and the following section. both received notice from the originator that
Document. — As between the originator and
complying with the requirements under the addressee of an electronic data message the electronic data message or electronic
Sections 6 or 7 hereof shall be the best SECTION 15(15). Cross-Examination. — (1) A or electronic document, a declaration of will or document is not that of the originator, and has
evidence of the agreement and transaction deponent of an affidavit referred to in Section other statement shall not be denied legal reasonable time to act accordingly; or
contained therein. 14 that has been introduced in evidence may effect, validity or enforceability solely on the
be cross-examined as of right by a party to the ground that it is in the form of an electronic (b) in a case within paragraph (3) sub-
In assessing the evidential weight of an proceedings who is adverse in interest to the data message or electronic document. paragraph (b), at any time when the
electronic data message or electronic party who has introduced the affidavit or has addressee knew or should have known, had it
document, the reliability of the manner in caused the affidavit to be introduced. exercised reasonable care or used any agreed
SECTION 18(18). Attribution of Electronic
which it was generated, stored or Data Message. — (1) An electronic data procedure, that the electronic data message or
communicated, the reliability of the manner in (2) Any party to the proceedings has the right message or electronic document is that of the electronic document was not that of the
which its originator was identified, and other to cross-examine a person referred to in originator if it was sent by the originator originator.
relevant factor shall be given due regard. Section 11, paragraph 4, sub-paragraph c. himself.
(5) Where an electronic data message or
SECTION 13(13). Retention of Electronic CHAPTER III (2) As between the originator and the electronic document is that of the originator or
Data Message or Electronic Document. — addressee, an electronic data message or is deemed to be that of the originator, or the
Notwithstanding any provision of law, rule or Communication of Electronic Data Messages electronic document is deemed to be that of addressee is entitled to act on that
regulation to the contrary — or Electronic Documents the originator if it was sent: assumption, then, as between the originator
and the addressee, the addressee is entitled
(a) The requirement in any provision of law to regard the electronic data message or
SECTION 16(16). Formation and Validity of (a) by a person who had the authority to act on electronic document as received as being
that certain documents be retained in their Electronic Contracts. — (1) Except as behalf of the originator with respect to that
original form is satisfied by retaining them in what the originator intended to send, and to
otherwise agreed by the parties, an offer, the electronic data message or electronic act on that assumption. The addressee is not
the form of an electronic data message or acceptance of an offer and such other document; or
electronic document which — so entitled when it knew or should have
elements required under existing laws for the known, had it exercised reasonable care or
formation of contracts may be expressed in, (b) by an information system programmed by, used any agreed procedure, that the
i. Remains accessible so as to be usable for demonstrated and proved by means of or on behalf of the originator to operate transmission resulted in any error in the
subsequent reference; electronic data messages or electronic automatically. electronic data message or electronic
documents and no contract shall be denied document as received.
(6) The addressee is entitled to regard each message or electronic document has been time when the electronic data message or b. If the originator or the addressee does not
electronic data message or electronic received. electronic document enters the designated have a place of business, reference is to be
document received as a separate electronic information system: Provided, however, That if made to its habitual residence; or
data message or electronic document and to b.) Where the originator has stated that the the originator and the addressee are both
act on that assumption, except to the extent effect or significance of the electronic data participants in the designated information c. The “usual place of residence” in relation to
that it duplicates another electronic data message or electronic document is conditional system, receipt occurs at the time when the a body corporate, means the place where it is
message or electronic document and the on receipt of the acknowledgment thereof, the electronic data message or electronic incorporated or otherwise legally constituted.
addressee knew or should have known, had it electronic data message or electronic document is retrieved by the addressee.
exercised reasonable care or used any agreed document is treated as though it has never
procedure, that the electronic data message or SECTION 24(23). Choice of Security
been sent, until the acknowledgment is (b.) If the electronic data message or Methods. — Subject to applicable laws and/or
electronic document was a duplicate. received. electronic document is sent to an information rules and guidelines promulgated by the
system of the addressee that is not the Department of Trade and Industry with other
SECTION 19(19). Error on Electronic Data c.) Where the originator has not stated that the designated information system, receipt occurs appropriate government agencies, parties to
Message or Electronic Document. — The effect or significance of the electronic data at the time when the electronic data message any electronic transaction shall be free to
addressee is entitled to regard the electronic message or electronic document is conditional or electronic document is retrieved by the determine the type and level of electronic data
data message or electronic document on receipt of the acknowledgment, and the addressee; message or electronic document security
received as that which the originator intended acknowledgment has not been received by the needed, and to select and use or implement
to send, and to act on that assumption, unless originator within the time specified or agreed (c.) If the addressee has not designated an appropriate technological methods that suit
the addressee knew or should have known, or, if no time has been specified or agreed, information system, receipt occurs when the their needs.
had the addressee exercised reasonable care within a reasonable time, the originator may electronic data message or electronic
or used the appropriate procedure — give notice to the addressee stating that no document enters an information system of the PART III
acknowledgment has been received and addressee.
(a) That the transmission resulted in any error specifying a reasonable time by which the
therein or in the electronic data message or acknowledgment must be received; and if the Electronic Commerce in Carriage of Goods
These rules apply notwithstanding that the
electronic document when the electronic data acknowledgment is not received within the place where the information system is located
message or electronic document enters the time specified in subparagraph (c), the may be different from the place where the SECTION 25(24). Actions Related to
designated information system, or originator may, upon notice to the addressee, electronic data message or electronic Contracts of Carriage of Goods. — Without
treat the electronic data message or electronic document is deemed to be received. derogating from the provisions of Part Two of
(b) That electronic data message or electronic document as though it had never been sent, or this Act, this Chapter applies to any action in
document is sent to an information system exercise any other rights it may have. connection with, or in pursuance of, a contract
SECTION 23(22). Place of Dispatch and of carriage of goods, including but not limited
which is not so designated by the addressee Receipt of Electronic Data Message or
for the purpose. SECTION 21(20). Time of Dispatch of to:
Electronic Documents. — Unless otherwise
Electronic Data Messages or Electronic agreed between the originator and the
SECTION 20. Agreement on Acknowledgment Documents. — Unless otherwise agreed addressee, an electronic data message or (a) (i) furnishing the marks, number, quantity
of Receipt of Electronic Data Messages or between the originator and the addressee, the electronic document is deemed to be or weight of goods;
Electronic Documents. — The following rules dispatch of an electronic data message or dispatched at the place where the originator (ii) stating or declaring the nature or value of
shall apply where, on or before sending an electronic document occurs when it enters an has its place of business and received at the goods;
electronic data message or electronic information system outside the control of the place where the addressee has its place of (iii) issuing a receipt for goods;
document, the originator and the addressee originator or of the person who sent the business. This rule shall apply even if the (iv) confirming that goods have been loaded;
have agreed, or in that electronic document or electronic data message or electronic originator or addressee had used a laptop
electronic data message, the originator has document on behalf of the originator. other portable device to transmit or receive his (b) (i) notifying a person of terms and
requested, that receipt of the electronic electronic data message or electronic conditions of the contract;
document or electronic data message be SECTION 22(21). Time of Receipt of document. This rule shall also apply to (ii) giving instructions to a carrier;
acknowledged: Electronic Data Messages or Electronic determine the tax situs of such transaction.
Documents. — Unless otherwise agreed
between the originator and the addressee, the (c) (i) claiming delivery of goods;
a.) Where the originator has not agreed with For the purpose hereof — (ii) authorizing release of goods;
the addressee that the acknowledgment be time of receipt of an electronic data message
or electronic document is as follows: (iii) giving notice of loss of, or damage to
given in a particular form or by a particular a. If the originator or the addressee has more goods;
method, an acknowledgment may be given by than one place of business, the place of
or through any communication by the (a.) If the addressee has designated an business is that which has the closest
addressee, automated or otherwise, or any information system for the purpose of (d) giving any other notice or statement in
relationship to the underlying transaction or, connection with the performance of the
conduct of the addressee, sufficient to indicate receiving electronic data messages or where there is no underlying transaction, the
to the originator that the electronic data electronic documents, receipt occurs at the contract;
principal place of business.
(e) undertaking to deliver goods to a named by the use of paper documents. A paper (d) transact the government business and/or installed an electronic online network in
person or a person authorized to claim document issued in these circumstances shall perform governmental functions using accordance with Administrative Order 332 and
delivery; contain a statement of such termination. The electronic data messages or electronic House of Representatives Resolution 890,
replacement of electronic data messages or documents, and for the purpose, are otherwise known as RPWEB, to implement
(f) granting, acquiring, renouncing, electronic documents by paper documents authorized to adopt and promulgate, after Part IV of this Act to facilitate the open,
surrendering, transferring or negotiating rights shall not affect the rights or obligations of the appropriate public hearing and with due speedy and efficient electronic online
in goods; parties involved. publication in newspapers of general transmission, conveyance and use of
circulation, the appropriate rules, regulations, electronic data messages or electronic
(6) If a rule of law is compulsorily applicable to or guidelines, to among others, specify — documents amongst all government
(g) acquiring or transferring rights and departments, agencies, bureaus, offices down
obligations under the contract. a contract of carriage of goods which is in, or
is evidenced by, a paper document, that rule 1) the manner and format in which such to the division level and to the regional and
shall not be inapplicable to such a contract of electronic data messages or electronic provincial offices as practicable as possible,
SECTION 26(25). Transport Documents. — carriage of goods which is evidenced by one documents shall be filed, created, retained or government-owned and controlled
(1) Subject to paragraph (3), where the law or more electronic data messages or issued; corporations, local government units, other
requires that any action referred to in Section electronic documents by reason of the fact public instrumentalities, universities, colleges
25 be carried out in writing or by using a paper that the contract is evidenced by such and other schools, and universal access to the
document, that requirement is met if the action 2) where and when such electronic data general public.
electronic data message or electronic messages or electronic documents have to be
is carried out by using one or more electronic documents instead of by a paper document.
data messages or electronic documents. signed, the use of an electronic signature, the
type of electronic signature required; The RPWEB network shall serve as initial
PART IV platform of the government information
(2) Paragraph (1) applies whether the infrastructure (GII) to facilitate the electronic
requirement therein is in the form of an 3) the format of an electronic data message or online transmission and conveyance of
obligation or whether the law simply provides Electronic Transactions in Government electronic document and the manner the government services to evolve and improve by
consequences for failing either to carry out the electronic signature shall be affixed to the better technologies or kinds of electronic
action in writing or to use a paper document. SECTION 27(26). Government Use of electronic data message or electronic online wide area networks utilizing, but not
Electronic Data Messages, Electronic document; limited to, fiber optic, satellite, wireless and
Documents and Electronic Signatures. — other broadband telecommunication mediums
(3) If a right is to be granted to, or an or modes.
obligation is to be acquired by, one person Notwithstanding any law to the contrary, within 4) the control processes and procedures as
and no other person, and if the law requires two (2) years from the date of the effectivity of appropriate to ensure adequate integrity,
that, in order to effect this, the right or this Act, all departments, bureaus, offices and security and confidentiality of electronic data To facilitate the rapid development of the GII,
obligation must be conveyed to that person by agencies of the government, as well as all messages or electronic documents or records the Department of Transportation and
the transfer, or use of, a paper document, that government-owned and -controlled or payments; Communications, National
requirement is met if the right or obligation is corporations, that pursuant to law require or Telecommunications Commission and the
conveyed by using one or more electronic accept the filing of documents, require that 5) other attributes required of electronic data National Computer Center are hereby directed
data messages or electronic documents be created, or retained and/or messages or electronic documents or to aggressively promote and implement a
documents: Provided, That a reliable method submitted, issue permits, licenses or payments; and policy environment and regulatory or non-
is used to render such electronic data certificates of registration or approval, or regulatory framework that shall lead to the
messages or electronic documents unique. provide for the method and manner of substantial reduction of costs of including, but
payment or settlement of fees and other 6) the full or limited use of the documents and not limited to, lease lines, land, satellite and
obligations to the government, shall — papers for compliance with the government dial-up telephone access, cheap broadband
(4) For the purposes of paragraph (3), the requirements: Provided, That this Act shall by and wireless accessibility by government
standard of reliability required shall be itself mandate any department of the departments, agencies, bureaus, offices,
assessed in the light of the purpose for which (a) accept the creation, filing or retention of government, organ of state or statutory
such documents in the form or electronic data government-owned and controlled
the right or obligation was conveyed and in the corporation to accept or issue any document corporations, local government units, other
light of all the circumstances, including any messages or electronic documents; in the form of electronic data messages or public instrumentalities and the general public,
relevant agreement. electronic documents upon the adoption, to include the establishment of a government
(b) issue permits, licenses, or approval in the promulgation and publication of the website portal and a domestic internet
(5) Where one or more electronic data form of electronic data messages or electronic appropriate rules, regulations, or guidelines. exchange system to facilitate strategic access
messages or electronic documents are used documents; to government and amongst agencies thereof
to effect any action in subparagraphs (f) and SECTION 28(27). RPWEB to Promote the and the general public and for the speedier
(g) of Section 25, no paper document used to (c) require and/or accept payments, and issue Use of Electronic Documents or Electronic flow of locally generated internet traffic within
effect any such action is valid unless the use receipts acknowledging such payments, Data Messages in Government and to the the Philippines.
of electronic data message or electronic through systems using electronic data General Public. — Within two (2) years from
document has been terminated and replaced messages or electronic documents; or the effectivity of this Act, there shall be
The physical infrastructure of cable and b.) The making, publication, dissemination or electronic key for identity or integrity shall not minimum fine of One hundred thousand pesos
wireless system for cable TV and broadcast distribution of such material or any statement be made available to any person or party (P100,000.00) and a maximum commensurate
excluding programming and content and the made in such material, including possible without the consent of the individual or entity to the damage incurred and a mandatory
management thereof shall be considered as infringement of any right subsisting in or in in lawful possession of that electronic key. imprisonment of six (6) months to three (3)
within the activity of telecommunications for relation to such material: Provided, That years;
the purpose of electronic commerce and to SECTION 32(31). Obligation of
maximize the convergence of ICT in the i. The service provider does not have actual Confidentiality. — Except for the purposes c)(34) Violations of the Consumer Act or
installation of the GII. knowledge, or is not aware of the facts or authorized under this Act, any person who Republic Act No. 7394 and other relevant or
circumstances from which it is apparent, that obtained access to any electronic key, pertinent laws through transactions covered by
SECTION 29(28). Authority of the Department the making, publication, dissemination or electronic data message or electronic or using electronic data messages or
of Trade and Industry and Participating distribution of such material is unlawful or document, book, register, correspondence, electronic documents, shall be penalized with
Entities. — The Department of Trade and infringes any rights subsisting in or in relation information, or other material pursuant to any the same penalties as provided in those laws;
Industry (DTI) shall direct and supervise the to such material; powers conferred under this Act, shall not
promotion and development of electronic convey to or share the same with any other d)(35) Other violations of the provisions of this
commerce in the country with relevant ii. The service provider does not knowingly person. Act, shall be penalized with a maximum
government agencies, without prejudice to the receive a financial benefit directly attributable penalty of One million pesos (P1,000,000.00)
provisions of Republic Act 7653 (Charter of to the unlawful or infringing activity; and SECTION 33. Penalties. — The following Acts or six (6) years imprisonment.
Bangko Sentral ng Pilipinas) and Republic Act shall be penalized by fine and/or
No. 337, (General Banking Act) as amended. imprisonment, as follows:
iii. The service provider does not directly SECTION 34(36). Implementing Rules and
commit any infringement or other unlawful act Regulations. — The DTI, Department of
Among others, the DTI is empowered to and does not induce or cause another person a)(32) Hacking or cracking which refers to Budget and Management and the Bangko
promulgate rules and regulations, as well as or party to commit any infringement or other unauthorized access into or interference in a Sentral ng Pilipinas are hereby empowered to
provide quality standards or issue unlawful act and/or does not benefit financially computer system/server or information and enforce the provisions of this Act and issue
certifications, as the case may be, and from the infringing activity or unlawful act of communication system; or any access in order implementing rules and regulations necessary,
perform such other functions as may be another person or party: Provided, further, to corrupt, alter, steal, or destroy using a in coordination with the Department of
necessary for the implementation of this Act in That nothing in this Section shall affect — computer or other similar information and Transportation and Communications, National
the area of electronic commerce to include, communication devices, without the Telecommunications Commission, National
but not limited to, the installation of an online knowledge and consent of the owner of the Computer Center, National Information
public information and quality and price a) Any obligation founded on contract;
computer or information and communication Technology Council, Commission on Audit,
monitoring system for goods and services system, including the introduction of computer other concerned agencies and the private
aimed in protecting the interests of the b) The obligation of a service provider as such viruses and the like, resulting in the corruption, sector, to implement this Act within sixty (60)
consuming public availing of the advantages under a licensing or other regulatory regime destruction, alteration, theft or loss of days after its approval.
of this Act. established under written law; or electronic data messages or electronic
documents shall be punished by a minimum Failure to issue rules and regulations shall not
PART V c) Any obligation imposed under any written fine of One hundred thousand pesos in any manner affect the executory nature of
law; (P100,000.00) and a maximum commensurate the provisions of this Act.
Final Provisions to the damage incurred and a mandatory
imprisonment of six (6) months to three (3)
d) The civil liability of any party to the extent years; SECTION 35(37). Oversight Committee. —
SECTION 30(29). Extent of Liability of a that such liability forms the basis for injunctive There shall be a Congressional Oversight
Service Provider. — Except as otherwise relief issued by a court under any law requiring Committee composed of the Committees on
provided in this Section, no person or party that the service provider take or refrain from b)(33) Piracy or the unauthorized copying, Trade and Industry/Commerce, Science and
shall be subject to any civil or criminal liability actions necessary to remove, block or deny reproduction, dissemination, distribution, Technology, Finance and Appropriations of
in respect of the electronic data message or access to any material, or to preserve importation, use, removal, alteration, both the Senate and House of
electronic document for which the person or evidence of a violation of law. substitution, modification, storage, uploading, Representatives, which shall meet at least
party acting as a service provider as defined in downloading, communication, making every quarter of the first two years and every
Section 5, merely provides access if such available to the public, or broadcasting of semester for the third year after the approval
SECTION 31(30). Lawful Access. — Access protected material, electronic signature or
liability is founded on — to an electronic file, or an electronic signature of this Act to oversee its implementation. The
copyrighted works including legally protected DTI, DBM, Bangko Sentral ng Pilipinas, and
of an electronic data message or electronic sound recordings or phonograms or
a.) The obligations and liabilities of the parties document shall only be authorized and other government agencies as may be
information material on protected works, determined by the Congressional Committee
under the electronic data message or enforced in favor of the individual or entity through the use of telecommunication
electronic document; having a legal right to the possession or the shall provide a quarterly performance report of
networks, such as, but not limited to, the their actions taken in the implementation of
use of the plaintext, electronic signature or file internet, in a manner that infringes intellectual
and solely for the authorized purposes. The this Act for the first three (3) years.
property rights shall be punished by a
SECTION 36. Appropriations. — The amount RA 4363 versa: Provided, furthermore, That the court
necessary to carry out the provisions of AN ACT FURTHER AMEND ARTICLE where the criminal action or civil action for
Sections 27 and 28 of this Act shall be THREE HUNDRED SIXTY OF THE REVISED damages is first filed, shall acquire jurisdiction
charged against any available funds and/or PENAL CODE. to the exclusion of other courts: And provided,
savings under the General Appropriations Act finally, That this amendment shall not apply to
of 2000 in the first year of effectivity of this Act. cases of written defamations, the civil and/or
Thereafter, the funds needed for the continued Section 1. Article three hundred sixty of the criminal actions to which have been filed in
implementation shall be included in the annual Revised Penal Code, as amended by Republic court at the time of the effectivity of this law.
General Appropriations Act. Act Numbered Twelve hundred and eighty-
nine, is further amended to read as follows:
"Preliminary investigation of criminal actions
SECTION 37(38). Statutory Interpretation. — for written defamations as provided for in the
Unless otherwise expressly provided for, the "Art. 360. Persons responsible. Any person chapter shall be conducted by the provincial or
interpretation of this Act shall give due regard who shall publish, exhibit, or cause the city fiscal of the province of city, or by the
to its international origin and the need to publication or exhibition of any defamation in municipal court of the city or capital of the
promote uniformity in its application and the writing or by similar means, shall be province where such actions may be instituted
observance of good faith in international trade responsible for the same. in accordance with the provisions of this
relations. The generally accepted principles of article.
international law and convention on electronic "The author or editor of a book or pamphlet, or
commerce shall likewise be considered. the editor or business manager of a daily "No criminal action for defamation which
newspaper, magazine or serial publication, consists in the imputation of a crime which
SECTION 38(39). Variation by Agreement. — shall be responsible for the defamations cannot be prosecuted de officio shall be
As between parties involved in generating, contained therein to the same extent as if he brought except at the instance of and upon
sending, receiving, storing or otherwise were the author thereof. complaint expressly filed by the offended
processing electronic data message or party."
electronic document, any provision of this Act "The criminal and civil action for damages in
may be varied by agreement between and cases of written defamations as provided for in Section 2. If any section or sections of this Act
among them. this chapter, shall be filed simultaneously or shall be declared unconstitutional or invalid, it
separately with the court of first instance of the shall not invalidate the other sections hereof.
SECTION 39(40). Reciprocity. — All benefits, province or city where the libelous article is
privileges, advantages or statutory rules printed and first published or where any of the
offended parties actually resides at the time of Section 3. This Act shall take effect only if and
established under this Act, including those when, within thirty days from its approval, the
involving practice of profession, shall be the commission of the offense: Provided,
however, That where one of the offended newspapermen in the Philippines shall
enjoyed only by parties whose country of organize, and elect the members of, a
origin grants the same benefits and privileges parties is a public officer whose office is in the
City of Manila at the time of the commission of Philippine Press Council, a private agency of
or advantages to Filipino citizens. the said newspapermen, whose function shall
the offense, the action shall be filed in the
Court of First Instance of the City of Manila or be to promulgate a Code of Ethics, for them
SECTION 40. Separability Clause. — The of the city or province where the libelous and the Philippine press, investigate violations
provisions of this Act are hereby declared article is printed and first published, and in thereof, and censure any newspaperman or
separable and in the event of any such case such public officer does not hold office in newspaper guilty of any violation of the said
provision is declared unconstitutional, the the City of Manila, the action shall be filed in Code, and the fact that such Philippine Press
other provisions to remain in force and effect. the Court of First Instance of the province or Council has been organized and its members
city where he held office at the time of the have been duly elected in accordance
SECTION 41. Repealing Clause. — All other commission of the offense or where the herewith shall be ascertained and proclaimed
laws, decrees, rules and regulations or parts libelous article is printed and first published by the President of the Philippines.
thereof which are inconsistent with the and in case one of the offended parties is a
provisions of this Act are hereby repealed, private individual, the action shall be filed in
amended or modified accordingly. the Court of First Instance of the province or
city where he actually resides at the time of
the commission of the offense or where the
SECTION 42. Effectivity. — This Act shall take libelous matter is printed and first
effect immediately after its publication in the published: Provided, further, That the civil
Official Gazette or in at least two (2) action shall be filed in the same court where
newspapers of general circulation. the criminal action is filed and vice