• 
FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Third Regular Session 
) 
) 
) 
SENATE 
3315 
S.No. ___ _ 
Introduced by Senator Edgardo J. Angara 
EXPLANA TORY NOTE 
j 'I '" 1 ; 
I 'J 
I 
The huge surge of critical commentary regarding the Cybercrime Prevention Act 
underscores the vitality and energy of our nation's digital community. The vigorous and 
sometimes vociferous debate demonstrates how huge the internet universe is and how quickly 
information travels. These advantages the internet offersare precisely the reasons why it should 
be protected, its netizens informed of risks, and its responsible use promoted. 
For these reasons, this proposal seeks to amend some provisions which appear vague in 
Republic Act No.1 0175, otherwise known as the Cybercrime Prevention Act of2012. 
These amendments will: 
(l) Repeal the proviso on higher penalties for crimes defined in the Revised Penal Code, 
as amended, if committed by, through, or with the use of information and 
communications technologies (ICTs), on the ground of the deeply enshrined principle 
in the Constitution, which states that "no person shall be deprived of life, liberty or 
property without due process of law, nor shall any person be denied the equal 
protection of the laws." (Sec. I, Art. III, 1987 Constitution); 
(2) Strengthen the exclusionary mle providing that evidence procured or collected should 
adhere strictly to the procedures provided in the law; and 
(3) Require a court order [or any restriction or blocking of access to computer data in 
order to ensure that the right of the owner against arbitrary restriction to the access of 
computer data is avoided and his right to due process is guaranteed. The procedural 
requirementsintroduced by this measure seek to strike a balance between the right of 
the owner and the need of law enforcement authorities for expediency and swift 
action. 
The Cybercrime Prevention Act. especially when taken together with the Data Privacy 
Act, is our best weapon to deal with destructive behavior and unscrupulous acts in cyberspace. 
This measure will ensure that our information and information systems are protected from illegal 
access, computer-related fraud and forgery, and identity theft by punishing these acts. More 
importantly, the law equips our law enforcement authorities with technology know-how and 
procedural training in gathering computer-related evidence. The law is also compliant to 
international standards of the Budapest Convention on Cybercrime that raises the bar for 
protecting the integrity of our computer systems and networks, while civil liberties are ensured. 


For these reasons, (he swift approval of this bill is earnestly sought. 
£yt /A 
EDGARDO J. ANGARA 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILlPPINES 
Third Regular Session 
) 
) 
) 
SENATE 
3315 
S.No. ___ _ 
"I" 
',ii,,'! II 
,,~, 'lJ 
It: :t-t 
Introduced by Senator Edgardo J. Angara 
AN ACT 
FURTHER PROTECTING CIVIL LIBERTIES IN COMPUTER SYSTEMS, 
AND AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 10175, 
OTHERWISE KNOWN AS THE "CYBERCRIME PREVENTION ACT OF 2012" 
Be il enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION1.Section 6 of RepUblic Act No. 10175, otherwise known as the Cybercrime 
2 
Prevention Act of 20 12 is hereby amended to read as follows: 
3 
4 
"SEC. 6. OTHER CRIMES COMMITTED THROUGH ICTs- All cnmes 
5 
penalized by the Revised Penal Code, as amended, and special laws, if committed by, 
6 
through [and] OR with the use of information and communications technologies (lCTs) 
7 
shall be covered by the relevant provisions of this Act [: Provided, That the penalty to be 
8 
imposed shall be one degree higher than that provided for by the Revised Penal Code and 
9 
special laws, as the case may bel" 
10 
11 
SEC. 2. Section 18 of the same Act is hereby amended, to read as follows: 
12 
13 
"SEC. 18. Exclusionary Rule. - Any evidence procured without a valid 
14 
warrant or beyond the authority of the same, OR COLLECTED IN 
15 
VIOLATION OF THE PROVISIONS OF THIS ACT, shall be inadmissible 
16 
for any proceeding before any court or tribunal." 
17 
18 
19 
SEC. 3. Section 19 of the same Act is hereby amended, to read as follows: 
20 
21 
"SEC. 19. Restricting or Blocking Access to Computer Data. When [a] 
22 
computer data is [prima facie 1 found to be violative of the provisions of this Act, 
23 
the DO] [shall issue] MAY APPLY EX PARTE FOR THE ISSUANCE OFan 
24 
order DIRECTING THE DOJto restrict or block access to such computer data. 
25 
THE APPLICATION SHALL BE FILED BY A PERSON DULY 
26 
AUTHORIZED BY THE DOJ IN WRITING WITH ANY OF THE 
27 
REGIONAL 
TRIAL 
COURTS 
DESIGNATED 
AS 
SPECIAL 


1 
CYBERCRIME COURTS IN ACCORDANCE WITH SECTION 21 OF 
2 
THIS ACT. THE APPLICATION SHALL BE ACTED UPON WITHIN 
3 
TWENTY-FOUR (24) HOURS FROM ITS FILING. THE JUDGE MUST, 
4 
BEFORE ISSUING THE ORDER, EXAMINE IN THE FORM OF 
5 
SEARCHING QUESTIONS AND 
ANSWERS, UNDER OATH OR 
6 
AFFIRMATION, THE APPLICANT AND THE WITNESSES HE MAY 
7 
PRODUCE ON FACTS PERSONALLY KNOWN TO THEM. THE 
8 
EXAMINATION OF THE APPLICANT AND HIS WITNESSES SHALL 
9 
BE RECORDED. THE HEARING ON THE APPLICATION FOR THE 
10 
ORDER SHALL BE HELD IN THE CHAMBERS OF THE JUDGE. 
11 
COURT PERSONNEL SHALL MAINTAIN THE CONFIDENTIALITY OF 
12 
THE APPLICATION PROCEEDING. 
13 
14 
"BEFORE THE ORDER CAN BE ISSUED, THE EVIDENCE 
15 
OFFERED BY THE APPLICANT AND PERSONALLY EVALUATED BY 
16 
THE JUDGE MUST SHOW THAT THERE IS PROBABLE CAUSE TO 
17 
BELIEVE THAT COMPUTER DATA IS FOUND TO BE VIOLATIVE OF 
18 
THE PROVISIONS OF THIS ACT. 
19 
20 
"THE ORDER SHALL BE SERVED UPON THE OWNER OF THE 
21 
COMPUTER DATA, IF HE IS FOUND IN THE PHILIPPINES, OR IN 
22 
CASE OF HIS ABSENCE, THROUGH HIS DULY AUTHORIZED 
23 
REPRESENTATIVE FOUND IN THE PHILIPPINES. IN CASE BOTH 
24 
ARE NOT APPLICABLE, A COPY OF THE ORDER MAYBE SENT 
25 
THROUGH HIS LAST KNOWN EMAIL ADDRESS OR FAX NUMBER. 
26 
27 
"UPON RECEIPT OF THE ORDER, THE OWNER OR HIS DULY 
28 
AUTHORIZED REPRESENTATIVE, MAY FILE A MOTION BEFORE 
29 
THE COURT WHICH ISSUED THE ORDER ON THE GROUND THAT 
30 
THE COMPUTER DATA SOUGHT TO BE BLOCKED OR RESTRICTED 
31 
DOES NOT VIOLATE THE PROVISIONS OF THIS ACT. AFTER A 
32 
SUMMARY HEARING, THE COURT MAY RESCIND THE ORDER 
33 
ISSUED TO BLOCK OR RESTRICT ACCESS TO DATA." 
34 
35 
SEC. 4.Repealillg Clause. All other laws, decrees, executive orders, proclamations, and 
36 
administrative regulations or parts thereof inconsistent herewith are hereby repealed or modified 
37 
accordingly. 
38 
39 
SEC. S. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
40 
publication in the Official Gazette or in at least two (2) national newspapers of general 
41 
circulation. 
42 
43 
44 
Approved, 
45 
2