INTRODUCTION TO CYBERCRIME WITH ENVIRONMENTAL LAWS

CHAPTER I: What is Cybercrime

CYBERCRIME – Offenses that are committed against individuals or groups of individuals with
criminal motive to intentionally harm the reputation of the victim or cause physical harm or mental
harm or loss to the victim directly or indirectly, using modern telecommunication networks such as
Internet (networks including but not limited to Chat rooms, emails, notice boards and groups) and
mobile phones (Bluetooth/SMS/MMS).

At the 10th United Nations Congress on the prevention of crime and treatment of offenders, in
workshop devote to the issues of crimes related to computer networks, cybercrime was broken down
into two categories and defined thus:

CYBERCRIME (narrow sense) – Any illegal behavior directed by means of electronic operations that
targets the security of computer systems and the data processed by them.

CYBERCRIME (broader sense) – Any illegal behavior committed by means of, or in relation to a
computer system or network, including such crimes as illegal possession and offering or
distributing information by means of a computer system or network.

CYBERSECURITY – is the collection of tools, policies, security concepts, security safeguards,

guidelines, risk management, approaches, actions, training, best practices, assurance and
technologies that can be used to protect the cyber environment and organization and user’s asset.

Cyber Security - Privacy Policy: Before submitting your name, e-mail, address, on a website look
for the sites privacy policy. Keep Software Up to Date: If the seller reduces patches for the software
operating system your device, install them as soon as possible. Installing them will prevent
attackers form being able to take advantage. Use good password which will be difficult for thieves to
guess. Do not choose option that allows your computer to remember your passwords.
The Convention on Cyber Crime distinguishes between four different types of offenses

1. Offenses against the confidentiality, integrity and availability of computer data and
systems: such as illegal access, illegal interception, data interference, system interference,
and misuse of device;
2. Computer-related offenses: such as computer-related forgery and computer-related Fraud
3. Content-related offenses: such as offenses related to child pornography; And
4. Copyright-related offenses: such as offenses related to copyright infringements and related
rights.

Types of Cybercrime Description

Financial Crimes Credit card frauds; Money Laundering
Cyber Pornography Pornographic Websites; Online distribution
Online Gambling Millions of websites, all hosted on servers abroad offer online
gambling
Intellectual Property Crimes Software Piracy; Copyright Infringement; Trademarks Violation;
Theft of computer source code
Email Spoofing A spoofed email is one that appears to originate from one source
but actually has been sent from another source.
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Cyber Defamation This occurs when defamation takes place across the internet or
when someone publishes defamatory matter about another on a
website
Cyber Stalking This involves following a person’s movements across the internet by
posting messages (sometimes threatening) on bulletin boards
frequented by the victim, entering chat rooms frequented by the
victim, constantly bombarding the victim with emails etc.
Unauthorized Access Also known as hacking. Involves gaining access illegally to a
computer system or network and in some cases making
unauthorized use of this access.
Theft Theft of any information contained in electronic forms such as that
stored in computer hard disk, removal storage media, etc. can
extent to identity theft.
Email Bombing This refers to the sending of large number of emails to the victim
resulting in the victim’s email account crashing.
Salami Attack These attacks are often used in committing financial crime and are
based on the idea that an alteration, so insignificant, would go
completely unnoticed in a single case
Denial of Service Attack This involves flooding a computer resource with more requests than
(DNS) it can handle, causing the resource (e.g. a web server) to crash
thereby denying authorized users the service offered by the
resource
Distributed Denial of attack wherein the perpetrators are many and are geographically
Service (DDoS) widespread. It is very difficult to control such attacks and is often
used in acts of civil disobedience.
Virus/Worm Viruses are programs that attach themselves to a computer or a file
and then circulate themselves to other files and to other computers
on a network. They usually affect the data on a computer, either by
altering or deleting it.
Logic Bombs These are event dependent programs where programs kick into
action only when a certain event (known as a trigger event) occurs.
Some viruses may be termed logic bombs because they lie dormant
throughout the year and become active only on a particular date
(e.g. Chernobyl virus).
Trojan Attacks An unauthorized program which functions from inside what seems
to be an authorized program, thereby concealing what it is actually
doing.
Web Jacking This occurs when someone forcefully takes control of a website (by
cracking the password and later changing it).
Cyber-Terrorism Hacking designed to cause terror. Like conventional terrorism,
'e-terrorism' utilizes hacking to cause violence against persons or
property, or at least cause enough harm to generate fear
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SPAMMING - is the use of electronic messaging systems like e-mails and other digital delivery
systems and broadcast media to send unwanted bulk messages indiscriminately. The term
spamming is also applied to other media like in internet forums, instant messaging, and mobile text
messaging, social networking spam, junk fax transmissions, television advertising and sharing
network spam.
PHISHING - is the fraudulent attempt to obtain sensitive information such as usernames,
passwords and credit card details by disguising oneself as a trustworthy entity in an electronic
communication. Typically carried out by email spoofing or instant messaging, it often directs users
to enter personal information at a fake website which matches the look and feel of the legitimate
site.
CYBERSTALKING - is the use of the Internet or other electronic means to stalk or harass an
individual, group, or organization. It may include false accusations, defamation, slander and libel. It
may also include monitoring, identity theft, threats, vandalism, solicitation for sex, or gathering
information that may be used to threaten, embarrass or harass.
Types of Stalkers
Actions define the type of the actions define the type stalking, but personalities combined with king,
but of stalker:

1. Rejected Stalker -This type of stalker becomes upset when the friendship or romantic
relationship has ended. The rejected stalker is not only self-centered and jealous but also
over-dependent and persistent.
2. Resentful Stalker - The resentful stalker feels humiliated that the relationship has
ended and seeks revenge upon the victim. Resentful stalkers are often irrationally paranoid
and are known to verbally assault their victims.
3. Predatory Stalker - The predatory stalker seeks power and sexual gratification. They
will not make physical contact but will use surveillance to track the victim.
4. Intimacy Seeker - The intimacy-seeking stalker seeks an intimate and romantic
relationship with the victim. When the stalker is rejected by the victim, he or she will
continually phone the victim, write the victim letters, and can become jealous and violent if
the victim enters into a relationship with someone else.
5. Incompetent Suitor - The incompetent suitor stalker usually has inadequate social
skills. They want a relationship with the victim but do not have the ability to realize he or she
is not meant to be with the victim.
6. Erotomania and Morbidly Infatuated - This type of stalker feels that the victim
loves them even though they may not have had any contact with the victim. The stalker is
usually paranoid, prefers suitors in a higher social class, and will repeatedly approach the
victim.

HACKER VS. CRACKER

HACKER - A hacker is an individual who uses computer, networking or other skills to overcome a
technical problem. The term hacker may refer to anyone with technical skills, but it often refers to a
person who uses his or her abilities to gain unauthorized access to systems or networks in order to
commit crimes.
 INTRODUCTION TO CYBERCRIME WITH ENVIRONMENTAL LAWS

CRACKER - on the other hand, has intent on breaching computer and network security to exploit
those same flaws for their own gain.
TYPES OF HACKERS
1. WHITE HAT HACKERS - also known as ethical hackers, strive to operate in the public's
best interest, rather than to create turmoil. Many white hats hackers work doing penetration,
hired to attempt to break into the company's networks to find and report on security
vulnerabilities. The security firms then help their customers mitigate security issues before
criminal hackers can exploit them. Black hat hackers intentionally gain unauthorized access
to networks and systems with malicious intent, whether to steal data, spread malware or
profit from ransomware, vandalize or otherwise damage systems or for any other reason
including gaining notoriety.
2. BLACK HAT HACKERS - are criminals by definition because they violate laws against
accessing systems without authorization, but they may also engage in other illegal activity,
including identity theft and distributed denial-of-service attacks
3. GRAY HAT HACKERS - fall somewhere between white hat hackers and black hat
hackers. While their motives may be similar to those of white hat hackers, gray hats are more
likely than white hat hackers to access systems without authorization; at the same time, they
are more likely than black hat hackers to avoid doing unnecessary damage to the systems
they hack. Although they aren't typically-or only-motivated by money, gray hat hackers may
offer to fix vulnerabilities they have discovered through their own, unauthorized, activities
rather than using their knowledge to exploit vulnerabilities for illegal profit.
Hacking techniques
1. Bait and switch - Using bait and switch hacking technique, an attacker can buy
advertising spaces on the websites. Later, when a user clicks on the ad, he might get directed
to a page that's infected with malware. This way, they can further install malware or adware
on your computer. The ads and download links shown in this technique are very attractive
and users are expected to end up clicking on the same.
2. Cookie theft - The cookies of a browser keep our personal data such as browsing history,
username, and passwords for different sites that we access. Once the hacker gets the access
to your cookie, he can even authenticate himself as you on a browser. A popular method to
carry out this attack is to encourage a user's IP packets to pass through attacker's machine.
Also known as Side jacking or Session Hijacking, this attack is easy to carry out if the user is
not using SSL (https) for the complete session. On the websites where you enter your
password and banking details, it's of utmost importance for them to make their connections
encrypted.
3. Click Jacking Attacks – Click Jacking is also known by a different name, UI Redress. In
this attack, the hacker hides the actual Ul where the victim is supposed to click. This
behavior is very common in app download, movie streaming, and torrent websites. While they
mostly employ this technique to earn advertising dollars, others can use it to steal your
personal information. In another word, in this type of hacking, the attacker hijacks the clicks
of the victim that aren't meant for the exact page, but for a page where the hacker wants you
to be. It works by fooling an internet user into performing an undesired action by clicking on
hidden link.
4. Virus/Trojan etc - Virus or trojans are malicious software programs which get installed
into the victim's system and keeps sending the victims data to the hacker. They can also lock
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your files, serve fraud advertisement, divert traffic, sniff your data, or spread on all the
computer connected to your network.
5. Phishing - is a hacking technique using which a hacker replicates the most-accessed sites
and traps the victim by sending that spoofed link. Combined with social engineering, it
becomes one of the most commonly used and deadliest attack vectors. Once the victim tries
to login or enters some data, the hacker gets that private information of the target victim
using the trojan running on the fake site. Phishing via iCloud and Gmail account was the
attack route taken by hackers who targeted the "Fappening" leak, which involved numerous
Hollywood female celebrities.
6. Eavesdropping (Passive Attacks) - Unlike other attacks which are active in nature,
using a passive attack, a hacker just monitors the computer systems and networks to gain
some unwanted information. The motive behind eavesdropping is not to harm the system but
to get some information without being identified. These types of hackers can target email,
instant messaging services, phone calls, web browsing, and other methods of
communication. Those who indulge in such activities are generally black hat hackers,
government agencies, etc.
7. Fake WAP - Even just for fun, a hacker can use software to fake a wireless access point.
This WAP connects to the official public place WAP. Once you get connected the fake WAP, a
hacker can access your data, just like in the above case. It's one of the easier hacks to
accomplish and one just needs a simple software and wireless network. Anyone can name
their WAP as some legit name like "Heathrow Airport WiFi or "Starbucks WiFi" and start
spying on you. One of the best ways to protect yourself from such attacks is using a quality
VPN service
8. Waterhole - hackers target the most accessed physical location to attack the victim. That
point could be a coffee shop, a cafeteria, etc. Once hackers are aware of your timings, using
this type of hacking, they might create a fake Wi-Fi access point and modify your most
visited website to redirect them to you to get your personal information. As this attack
collects information on a user from a specific place, detecting the attacker is even harder.
One of the best ways to protect yourself again such types of hacking attacks is to follow basic
security practices and keep your software/OS updated.
9. Denial of Service (DoS\DDoS) - A Denial of Service attack is a hacking technique to
take down a site or server by flooding that site or server with a lot of traffic that the server is
unable to process all the requests in the real time and finally crashes down. This popular
technique, the attacker floods the targeted machine with tons of requests to overwhelm the
resources, which, in turn, restrict the actual requests from being fulfilled. For DDoS attacks,
hackers often deploy botnets or zombie computers which have got the only work to flood your
system with request packets. With each passing year, as the malware and types of hackers
keep getting advanced, the size of DDoS attacks keeps getting increasing.
10. Keylogger - Keylogger is a simple software that records the key sequence and strokes of
your keyboard into a log file on your machine. These log files might even contain your
personal email IDs and passwords. Also known as keyboard capturing, it can be either
software or hardware. While software-based keyloggers target the programs installed on a
computer, hardware devices target keyboards, electromagnetic emissions, smartphone
sensors, etc.
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CHAPTER II: CYBERCRIME LAWS IN THE PHILIPPINES

Republic Act No. 10175 known as the "Cybercrime Prevention Act of 2012". The State recognizes the
vital role of information and communications industries such as content production,
telecommunications, broadcasting electronic commerce, and data processing, in the nation's overall
social and economic development.

The State also recognizes the importance of providing an environment conducive to the
development, acceleration, and rational application and exploitation of information and
communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or
delivery of information; and the need to protect and safeguard the integrity of computer, computer
and communications systems, networks, and databases, and the confidentiality, integrity, and
availability of information and data stored therein, from all forms of misuse, abuse, and illegal
access by making punishable under the law such conduct or conducts.
In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses
by facilitating their detection, investigation, and prosecution at both the domestic and international
levels, and by providing arrangements for fast and reliable international cooperation.
Definition of Terms
1. Access - refers to the instruction, communication with, storing data in, retrieving data
from, or otherwise making use of any resources of a computer system or communication
network.
2. Alteration - refers to the modification or change, in form or substance, of an existing
computer data or program.
3. Communication - refers to the transmission of information through ICT media, including
voice, video and other forms of data.
4. Computer - refers to an electronic, magnetic, optical electrochemical, or other data
processing or communications device, or grouping of such devices, capable cap of performing
logical, arithmetic, routing, or storage functions and which includes any storage facility or
equipment or communications facility or equipment directly related to conjunction with such
device. or operating in It covers any type of computer device including devices with data
processing capabilities like mobile phones, smart phones, computer networks and other
devices connected to the internet.
5. Computer Data - refers to any representation of facts, information, or concepts in a form
suitable for processing in a computer system including a program suitable to cause a
computer system to perform a function and includes electronic documents and/or electronic
data messages whether stored in local computer systems or online.
6. Computer Program - refers to a set of instructions executed by the computer to achieve
intended results.
7. Computer System - refers to any device or group of interconnected or related devices, one
or more of which, pursuant to a program, performs automated processing of data. It covers
any type of device with data processing capabilities including, but not limited to, computers
and mobile phones. The device consisting of hardware and software may include input,
output and storage components which may stand alone or be connected in a network or
other similar devices. It also includes computer data storage devices or media.
8. Without Right - refers to either: (i) conduct undertaken without or in excess of authority;
or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications,
or relevant principles under the law.
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9. Cyber - refers to a computer or a computer network, the electronic medium in which online
communication takes place.
10. Critical Infrastructure - refers to the computer systems, and/ or networks,
whether physical or virtual, and/or the computer programs, computer data and/or traffic
data so vital to this country that the incapacity or destruction of or interference with such
system and assets would have a debilitating impact on security, national or economic
security, national public health and safety, or any combination of those matters.
11. Cybersecurity - refers to the collection of tools, policies, risk management
approaches, actions, training, best practices, assurance and technologies that can be used to
protect the cyber environment and organization and user's assets.
12. Database - refers to a representation of information, knowledge, facts, concepts, or
instructions which are being prepared, processed or stored or have been prepared, processed
or stored in a formalized manner and which are intended for use in a computer system.
13. Interception - refers to listening to, recording, monitoring or surveillance of the
content of communications, including procuring of the content of data, either directly,
through access and use of a computer system or indirectly, through the use of electronic
eavesdropping or tapping devices, at the same time that the communication is occurring.
14. Service Provider - refers to:
1. Any public or private entity that provides to users of its service the ability to
communicate by means of a computer system; and
2. Any other entity that processes or stores computer data on behalf of such
communication service or users of such service.
15. Subscriber's Information - refers to any information contained in the form of
computer data or any other form that is held by a service provider, relating to subscribers of
its services other than traffic or content data and by which identity can be established:
1. The type of communication service used, the technical provisions taken thereto and
the period of service;
2. The subscriber's identity, postal or geographic address, telephone and other access
numbers, any assigned network address, billing and payment information, available
on the basis of the service agreement or arrangement; and
3. Any other available information on the site of the installation of communication
equipment, available on the basis of the service agreement or arrangement.
16. Traffic data or Non-Content Data - refers to any computer data other than
the content of the communication including, but not limited to, the communication's origin,
destination, route, time, date, size, duration, or type of underlying service.

PUNISHABLE ACTS - Cybercrime Offenses

1. Offenses against the confidentiality, integrity and availability of computer data and
systems:

1. Illegal Access - The access to the whole or any part of a computer system without right.
2. Illegal Interception - The interception made by technical means without right of any
non-public transmission of computer data to, from, or within a computer system including
electromagnetic emissions from a computer system carrying such computer data.
3. Data Interference - The intentional or reckless alteration, damaging, deletion or
deterioration of computer data, electronic document, or electronic data message, without
right, including the introduction or transmission of viruses.
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4. System Interference - The intentional alteration or reckless hindering or interference

with the functioning of a computer or computer network by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing computer data or program,
electronic document, or electronic data message, without right or authority, including the
introduction or transmission of viruses.
5. Misuse of Devices
a) The use, production, sale, procurement, importation, distribution, or otherwise
making available, without right, of:
i. A device, including a computer program, designed or adapted primarily for the
purpose of committing any of the offenses under this Act; or
ii. A computer password, access code, or similar data by which the whole or any part
of a computer system is capable of being accessed with intent that it be used for
the purpose of committing any of the offenses under this Act
b) The possession of an item referred to in paragraphs 5(a) or (b) above with intent to use
said devices for the purpose of committing any of the offenses under this section.
6. Cyber-squatting - The acquisition of a domain name over the internet in bad faith to
profit, mislead, destroy reputation, and deprive others from registering the same, if such a
domain name is:
a) Similar, identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration:
b) Identical or in any way similar with the name of a person other than the registrant, in
case of a personal name; and
c) Acquired without right or with intellectual property interests in it.

2. Computer-related Offenses:
1. Computer-related Forgery -
a. The input, alteration, or deletion of any computer data without right resulting in
inauthentic data with the intent that it be considered or acted upon for legal purposes as
if it were authentic, regardless whether or not the data is directly readable and
intelligible; or
b. The act of knowingly using computer data which is the product of computer-related
forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest
design.
2. Computer-related Fraud – The unauthorized input, alteration, or deletion of computer
data or program or interference in the functioning of a computer system, causing damage
thereby with fraudulent intent: Provided, that if no damage has yet been caused, the penalty
imposable shall be one (1) degree lower.
3. Computer-Related Identity Theft - The intentional acquisition, use, misuse,
transfer, possession, alteration or deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, that if no damage has yet been caused,
the penalty imposable shall be one (1) degree lower.
3. Content-related Offenses:

1. Cybersex - The willful engagement, maintenance, control, or operation, directly or

indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a
computer system, for favor or consideration.
2. Child Pornography - The unlawful or prohibited acts defined and punishable by
Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a
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computer system: Provided, That the penalty to be imposed shall be (1) one degree higher
than that provided for in Republic Act No. 9775.
3. Unsolicited Commercial Communications - The transmission of commercial electronic
communication with the use of computer system which seek to advertise, sell, or offer for
sale products and services are prohibited unless:
a. There is prior affirmative consent from the recipient; or
b. The primary intent of the communication is for service and/or administrative
announcements from the sender to its existing users, subscribers or customers; or
c. The following conditions are present:
i. The commercial electronic communication contains a simple, valid, and reliable way for
the recipient to reject. receipt of further commercial electronic messages (opt-out) from
the same source;
ii. The commercial electronic communication does not purposely disguise the source of
the electronic message; and
iii. The commercial electronic communication does not purposely include misleading
information in any part of the message in order to induce the recipients to read the
message.
3. Libel - The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal
Code, as amended, committed through a computer system or any other similar means which
may be devised in the future.

4. Other Offenses - The following acts shall also constitute an offense:

1. Aiding or Abetting in the Commission of Cybercrime - Any person who
willfully abets or aids in the commission of any of the offenses enumerated in this Act
shall be held liable.
2. Attempt in the Commission of Cybercrime - Any person who willfully
attempts to commit any of the offenses enumerated in this Act shall be held liable.
Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special
laws, if committed by, through and with the use of information and communications technologies
shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed
shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and
special laws, as the case may be.
Liability under Other Laws - A prosecution under this Act shall be without prejudice to any
liability for violation of any provision of the Revised Penal Code, as amended, or special laws.
Penalties
A - Any person found guilty of any of the punishable acts enumerated below:

a) Offenses against the confidentiality, integrity and availability of computer data and systems:
b) Computer-related Offenses

✓ Shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand
pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both.
B - Any person found guilty of the punishable act under Section 4(a)(5)

(a) Offenses against the confidentiality, integrity and availability of computer data and systems:
(5) Misuse of Devices
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✓ Shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred
thousand pesos (PhP500,000.00) or both.

✓ If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of of
reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to
maximum amount commensurate to the damage incurred or both, shall be imposed.

C - Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1)
(c) Content-related Offenses:
(1) Cybersex –

✓ Shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand
pesos (PhP200,000.00) but not exceeding One million pesos (PhP1,000,000.00) or both.
D - Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2)
(c) Content-related Offenses:

(2) Child Pornography –

✓ Shall be punished with the penalties as enumerated in Republic Act No. 9775 or the "Anti-Child
Pornography Act of 2009": Provided, That the penalty to be imposed shall be one (1) degree higher
than that provided for in Republic Act No. 9775, if committed through a computer system.

E- Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3)
(c) Content-related Offenses:
(3) Unsolicited Commercial Communications

✓ Shall be punished with imprisonment of arresto mayor of a fine of at least Fifty thousand pesos
(PhP50,000.00) but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both.

F - Any person found guilty of any of the punishable acts enumerated in Section 5
Section 5. Other Offenses

✓ Shall be punished with imprisonment one (1) degree lower than that of the prescribed penalty for
the offense or a fine of at least One hundred thousand pesos (PhP100,000.00) but not exceeding
Five hundred thousand pesos (PhP500,000.00) or both.
Corporate Liability - When any of the punishable acts herein defined are knowingly committed on
behalf of or for the benefit of a juridical person, by a natural person acting either individually or as
part of an organ of the juridical person, who has a leading position within, based on:
a. a power of representation of the juridical person provided the act committed falls within the
scope of such authority;
b. an authority to take decisions on behalf of the juridical person: Provided, That the act
committed falls within the scope of such authority; or
c. an authority to exercise control within the juridical person, the juridical person shall be held
liable for a fine equivalent to at least double the fines imposable in Section 7(Liability under
Other Laws. A prosecution under this Act shall be without prejudice to any liability for
violation of any provision of the Revised Penal Code, as amended, or special laws) up to a
maximum of Ten million pesos (PhP10,000,000.00).
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If the commission of any of the punishable acts herein defined was made possible due to the lack of
supervision or control by a natural person referred to and described in the preceding paragraph, for
the benefit of that juridical person by a natural person acting under its authority, the juridical
person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7
up to a maximum of Five million pesos (PhP5,000,000.00).

The liability imposed on the juridical person shall be without prejudice to the criminal liability of
the natural person who has committed the offense.

CHAPTER III:
ENFORCEMENT AND IMPLEMENTATION

Law Enforcement Authorities

The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be
responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and
the PNP shall organize a cybercrime unit or center manned by special investigators exclusively
handle cases involving violations to of this Act.
Duties of Law Enforcement Authorities
To ensure that the technical nature of cybercrime and its prevention is given focus and considering
the procedures involved for international cooperation, law enforcement authorities specifically the
computer or technology crime divisions or units responsible for the investigation of cybercrimes are
required to submit timely and regular reports including pre-operation, post-operation and
investigation results and such other documents as may be required to the Department of Justice
(DOJ) for review and monitoring.

Real-Time Collection of Traffic Data

Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or
electronic means traffic data in real-time associated with specified communications transmitted by
means of a computer system.
Traffic data refer only to the communication's origin, destination, route, time, date, size, duration,
or type of underlying service, but not content, nor identities.

All other data to be collected or seized or disclosed will require a court warrant.
Service providers are required to cooperate and assist law enforcement authorities in the collection
or recording of the above- stated information.

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

The integrity of traffic data and subscriber information relating to communication services provided
by a service provider shall be preserved for a minimum period of six (6) months from the date of the
transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of
the order from law enforcement authorities requiring its preservation.

Law enforcement authorities may order a one-time extension for another six (6) months: Provided,
that once computer data preserved, transmitted or stored by a service provider is used as evidence
in a case, the mere furnishing to such service provider of the transmittal document to the Office of
the Prosecutor shall be deemed a notification to preserve the computer data until the termination of
the case.
The service provider ordered to preserve computer data shall keep confidential the order and its
compliance.
Disclosure of Computer Data
Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any
person or service provider to disclose or submit subscriber's information, traffic data or relevant
data in his/its possession or control within seventy-two (72) hours from receipt of the order in
relation to a valid complaint officially docketed and assigned for investigation and the disclosure is
necessary and relevant for the purpose of investigation.
Search, Seizure and Examination of Computer Data
Where a search and seizure warrant is properly issued, the law enforcement authorities shall
likewise have the following powers and duties.
1. To secure a computer system or a computer data storage medium
2. To make and retain a copy of those computer data secured:
3. To maintain the integrity of the relevant stored computer data;
4. To conduct forensic analysis or examination of the computer data storage medium;
5. To render inaccessible or remove those computer data in the accessed computer or computer
and communications network.
The law enforcement authorities may order any person who has knowledge about the functioning of
the computer system and the measures to protect and preserve the computer data therein to
provide, as is reasonable, the necessary information, to enable the undertaking of the search,
seizure and examination.
Law enforcement authorities may may request for extension an of time to complete the examination
of the computer data storage medium and to make a return thereon but in no case for a period
longer than thirty (30) days from date of approval by the court.

Custody of Computer Data

All computer data, including content and traffic data. examined under a proper warrant shall,
within forty-eight (48) hours after the expiration of the period fixed therein, be deposited with the
court in a sealed package, and shall be accompanied by an affidavit of the law enforcement
authority executing it stating the dates and times covered by the examination, and the law
enforcement authority who may access the deposit, among other relevant data. The law
enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof
have been made, or if made, that all such duplicates or copies are included in the package
 INTRODUCTION TO CYBERCRIME WITH ENVIRONMENTAL LAWS

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

Upon expiration of the periods as provided in Sections 13 and 15, service providers and law
enforcement authorities, as the case may be, shall immediately and completely destroy the
computer data subject of a preservation and examination.

Exclusionary Rule
Any evidence procured without a valid warrant or beyond the authority of the same shall be
inadmissible for any proceeding before any court or tribunal.

Restricting or Blocking Access to Computer Data

When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ
shall issue an order to restrict or block access to such computer data.

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

Jurisdiction
The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act,
including any violation committed by a Filipino national regardless of the place of commission.
Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with
the use of any computer system wholly or partly situated in the country, or when by such
commission any damage is caused to a natural or juridical person who, at the time the offense was
committed, was in the Philippines.
There shall be designated special cybercrime courts manned by specially trained judges to handle
cybercrime cases.

General Principles Relating to International Cooperation

All relevant international instruments on international cooperation in criminal matters,
arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the
widest extent possible for the purposes of investigations or proceedings concerning criminal
offenses related to computer systems and data or for the collection of evidence in electronic form of
a criminal, offense shall be given full force and effect.
Department of Justice (DOJ)

There is hereby created an Office of Cybercrime within the DOJ designated as the central authority
in all matters related to international mutual assistance and extradition.
 INTRODUCTION TO CYBERCRIME WITH ENVIRONMENTAL LAWS

Cybercrime Investigation and Coordinating Center

An inter-agency body to be known as the Cybercrime Investigation and Coordinating Center (CICC),
under the administrative supervision of the Office of the President, for policy coordination among
concerned agencies and for the formulation and enforcement of the national cybersecurity plan.
Composition:

1. Executive Director of the Information and Communications Technology Office under the
Department of Science and Technology (ICTO-DOST) as Chairperson
2. Director of the NBI as Vice Chairperson;

Members:
1. the Chief of the PNP;
2. Head of the DOJ Office of Cybercrime; and
3. one (1) representative from the private sector and academe
The CICC shall be manned by a secretariat of selected existing personnel and representatives from
the different participating agencies.

Powers and Functions

1. To formulate a national cybersecurity plan and extend immediate assistance for the
suppression of real-time commission of cybercrime offenses through a computer emergency
response team (CERT);
2. To coordinate the preparation of appropriate and effective measures to prevent and suppress
cybercrime activities as provided for in this Act;
3. To monitor cybercrime cases being bandied by participating law enforcement and
prosecution agencies;
4. To facilitate international cooperation on intelligence, investigations, training and capacity
building related to cybercrime prevention, suppression and prosecution;
5. To coordinate the support and participation of the business sector, local government units
and nongovernment organizations in cybercrime prevention programs and other related
projects;
6. To recommend the enactment of appropriate laws, issuances, measures and policies;
7. To call upon any government agency to render assistance in the accomplishment of the
CICC's mandated tasks and functions; and
8. To perform all other matters related to cybercrime prevention and suppression, including
capacity building and such other functions and duties as may be necessary for the proper
implementation of this Act.