TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
of riir <;>»-rHarJ>
25 AUG-4 A8:08
SENATE 
S. No. 782
RECEIVED BY
Introduced by Senator Francis G. Escudero
AN ACT
PROTECTING THE IDENTITY AND PHYSICAL ATTRIBUTES OF INDIVIDUALS 
AGAINST THE WRONGFUL AND IMPROPER USE OF ARTIFICIAL 
INTELLIGENCE TECHNOLOGY, EXACTING ACCOUNTABILITY THEREFOR 
AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The proliferation of powerful computing devices and artificial intelligence (AI) 
technology have fundamentally redefined modern-day communication and creative 
production, especially those used in the creation of Al-synthesized media contents.
While this generative AI technology offers tremendous potential particularly in 
the fields of business, education and communications, it also presents a profound risk 
to individuals' rights, privacy and identity. With malicious intent and the help of AI and 
other similar technology, media content could be exploited in efforts to cause personal 
harm or undermine public trust.
This bill seeks to mitigate, if not eradicate, such predicament by establishing 
legal protection against unauthorized use of one's physical attributes. It affirms the 
individuals' power over the commercial or public use of their physical attributes, 
prohibits its unauthorized use, and penalizes its unlawful generation, distribution, 
publication, use, or commercialization.
These interventions provide the government with the wherewithal to address 
emerging threats, ensure accountability in the use of AI technologies, and promote 
creativity and innovation without compromising personal rights and liberties, 
legitimate speech, journalism and news coverage, academic and educational research, 
documentary and historical piece and other similar works.
In light of the foregoing, the passage of the bill is earnestly requested.
FRANCIS G. ESCUDERO


TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
Senate
o(H>*
25 AUG-4 A8--08
SENATE 
S. No. 782
RECEIVED ev
Introduced by Senator Francis G. Escudero
AN ACT
PROTECTING THE IDENTITY AND PHYSICAL ATTRIBUTES OF INDIVIDUALS 
AGAINST THE WRONGFUL AND IMPROPER USE OF ARTIFICIAL 
INTELLIGENCE TECHNOLOGY, EXACTING ACCOUNTABILITY THEREFOR 
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Title. - This Act shall be known as the '‘'Physical Identity
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Protection Act"
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Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
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recognize, uphold, and protect the identity, dignity, and privacy of every Philippine
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citizen or resident. Towards this end, and in recognition of the rapid advancements in
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artificial intelligence and related technologies capable of generating, replicating,
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altering, synthesizing, or simulating human physical attributes, the State shall
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recognize and safeguard the right of every person against unauthorized generation,
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distribution, publication, use, and commercialization of their personal physical
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attributes.
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Sec. 3. Definition of Terms. - As used in this Act:
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(a) Artificial Intelligence or AI shall refer to systems that display intelligent
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behavior by analyzing their environment and taking actions - with some degree of
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autonomy - to achieve specific goals, including, but not limited to, the generation,
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alteration or manipulation of audio, visual or audiovisual content;


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(b) ConsentshaW mean freely and knowingly given, specific, informed indication
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of will, whereby a person agrees to the commercial or public use of his or her physical
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attributes: Provided, That consent shall be evidenced by written, electronic or
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recorded means: Provided, further. That consent may also be given on behalf of the
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person by an agent specifically authorized to do so;
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(c) Legal Basis sha 11 refer to:
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(1) the express authority granted under existing law or treaty, or issued
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through an order of the court that allows the public use of a person's physical
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attributes in conducting lawful government activities, including, but not limited
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to: law enforcement operations, criminal investigations, disaster response, or
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interventions concerning public interest, public order, public safety, or national
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security; or
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(2) legal obligation contained in a valid and enforceable contract that
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expressly permit the commercial or public use of a person's physical attributes;
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(d) Media Content shall refer to any audio, visual or audiovisual content,
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including those that are, among others, wholly or partially generated, altered, or
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manipulated by AI or other similar technologies;
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(e) Physical Attribute shall refer to any observable, identifiable, and
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reproducible feature of an Individual, including, but not limited to, facial features, body
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shape and structure, voice, speech patterns, mannerisms, fingerprints, signature, and
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other biometric identifiers or behavioral characteristics that may be replicated or
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simulated, in whole or in part, to represent or impersonate an individual in physical,
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digital, or audiovisual form;
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Sec. 4. Coverage. - This Act shall apply to any natural or juridical persons who
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create, generate, reproduce, duplicate, simulate, distribute, disseminate or publish
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an individual's physical attributes in any media content, regardless of the medium,
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platform, or point of access used.
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Sec. 5. Right of Publicity. - Every natural person shall have the exclusive right
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to exercise control over the public or commercial use of his or her physical attributes:


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Provided, That the rights over the physical attributes of a deceased person shall be
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retained by his or her lawful heirs following his or her death: Provided, further. That
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the right of publicity shall be subject to the exemptions provided under Section 8 of
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this Act: Provided, finaiiy. That such right shall subsist independently of, and in
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addition to, any intellectual property or data privacy right that may be vested in or
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conferred upon, or exercised by the individual concerned.
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Sec. 6. Prohibited Acts and Penaities. - (a) Any person who shall commit the
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unlawful act of creating, generating, reproducing, duplicating, simulating, distributing,
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disseminating or publishing an individual's physical attributes in any media content,
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without prior consent or legal basis, shall suffer the penalty of imprisonment of one
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(1) year to two (2) years, or a fine not exceeding Two Hundred Thousand Pesos
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(Php 200,000.00), or both, at the discretion of the court;
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(b) If the same unlawful act is committed with an intent to acquire financial
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gain or profit, the penalty shall be two (2) years to four (4) years, or a fine of at least
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Two Hundred Thousand Pesos (Php 200,000.00) to Four Hundred Thousand Pesos
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(Php 400,000.00), or both, at the discretion of the court, taking into consideration the
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amount of and/or the manner by which such financial gain or profit is acquired by the
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offender.
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(c) If the same unlawful act is committed with an intent to facilitate or to
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commit crime or fraud, the penalty shall be four (4) to six (6) years imprisonment, or
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a fine of at least Four Hundred Thousand Pesos (Php 400,000.00) to Six Hundred
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Thousand Pesos (Php 600,000.00), or both, at the discretion of the court, taking into
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consideration the gravity of and the manner by which such crime or fraud is facilitated
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or committed by the offender.
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(d) If the same unlawful act is committed with both intent to acquire financial
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gain or profit and to facilitate or commit crime or fraud, the penalty shall be six (6)
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years imprisonment to twelve (12) years, or a fine of at least Six Hundred Thousand
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Pesos (Php 600,000.00) to One Million Pesos (Php 1,000,000.00), or both, at the
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discretion of the court with due consideration to the amount and the manner by which


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such financial gain or profit is acquired, and the gravity of and the manner by which
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such crime or fraud is facilitated or committed by the offender.
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(e) If the offender is a juridical person, the penalty shall be imposed upon the
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owner, manager, partner, member of the board of directors and/or any responsible
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officer or employee who participated in the commission of the prohibited act/s:
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Provided, That the erring parties shall be held solidarily liable for the fines imposed in
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relation to the offense;
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(f) If the offender is a foreigner, he or she shall be immediately deported after
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the complete service of his or her sentence and shall forever be barred from entering
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the country; and
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(g) If the offender is a public official or employee, he or she shall, in addition
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to the maximum penalties prescribed herein, suffer absolute perpetual disqualification
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from public office.
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Sec. 7. Provisional Remedies and Other Forms of Relief. - Persons whose rights
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over the control and use of their physical attributes have been violated shall be entitled
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to the following civil remedies:
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(a) Injunctive relief, including, but not limited to, immediate takedown,
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deletion, or recall of any infringing media content across all physical or digital
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platforms and repositories, whether public or private;
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(b) Compensation for damages, including actual, moral, and exemplary
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damages, resulting from the violations enumerated under Section 6 of this Act,
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including, but not limited to, the surrender of any revenue or income earned thereof;
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(c) Destruction or forfeiture of infringing media content and all derivative works,
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including source files and other physical or digital materials in electronic or physical
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repositories maintained by erring persons or digital platforms; or
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(d) Recovery of litigation cost, including, but not limited to, attorney's fees and
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court expenses.


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Sec. 8. Exemptions. - The penalties and remedies provided under Sections 6 
and 7 of this Act shall not apply to the use of a person's physical attributes in any 
media content that satisfies the following conditions:
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and
(a) The use is undertaken in good faith there being prior consent or legal basis;
(b) The use falls under any of the following circumstances:
(1) Factual reporting and documentation of matters concerning public 
interest by publishers, editors or duly accredited reporters of any broadcast 
media outlet, newspaper, magazine, periodical or other media platform of 
general circulation;
(2) Academic, training or research activities: Provided, That such activity 
shall be governed by a code of conduct and standards to ensure fair and ethical 
use of a person's physical attributes to be formulated by the academic, training 
or research institution concerned;
(3) Inadvertent or incidental capture or recording in any media content 
where the capture or recording of an individual's physical attributes is merely 
Incidental and is not the main focus or subject;
(4) Creation, dissemination, publication or use of any media content that 
makes use of a person's physical attributes intended to preserve, document, 
depict or disseminate information about events, persons, inventions, or works 
of social, literary, artistic, historical or cultural significance: Provided, That such 
actions shall not misrepresent, distort, or exploit the identity and attributes of 
the individuals concerned.
(5) Exercise of freedom of expression, including, but not limited to, 
artistic work, satire, comedy, parody, or social commentary: Provided, That 
such exercise shall not be intended to cause unjust harm or infringe upon the 
personal rights, nor be reasonably construed to mislead the general public 
about the origin, authorship or endorsement of a product, service or idea 
presented or depicted therein; or


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(6) Activities involving the use of physical attributes in media content
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permitted under international agreements or treaties to which the Republic of
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the Philippines is a signatory: Provided, That such activities shall not be
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misleading, deceptive, defamatory, or intended to facilitate criminal or
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fraudulent activity.
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Sec. 9. Lead Agency. - The Intellectual Property Office of the Philippines
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(IPOPhil) shall be the lead agency in the implementation of this Act, and shall exercise
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the following duties and functions:
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(a) Ensure compliance with the provisions of this Act;
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(b) Receive complaints, institute investigations, facilitate or enable settlement
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of complaints involving violations of any provision of this Act;
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(c) Issue cease and desist orders, or impose temporary or permanent ban on
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the commercial or public use of any media content that makes use of a person's
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physical attributes;
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(d) Compel or petition any entity, government agency or instrumentality to
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abide by its orders or take action on a matter affecting the implementation of this Act;
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(e) Coordinate with other government agencies and the private sector on
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efforts to formulate and implement plans and policies to strengthen the regulation on
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the commercial or public use of media contents that make use of a person's physical
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attributes, especially those that are wholly or partially generated, altered, or
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manipulated by AI or other similar technologies;
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(f) Recommend to the Department of Justice (DOJ) the prosecution of violators
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and the imposition of penalties specified in Section 6 of this Act;
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(g) Provide assistance on matters relating to the commercial or public use of
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any media content that makes use of a person's physical attributes at the request of
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a national or local agency, a private entity or an individual concerned;
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(h) Propose legislation, amendments or modifications to Philippine laws as may
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be necessary;


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(i) Ensure proper and effective coordination with simiiar reguiators in other
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countries and private accountability agents, participate in international and regional
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initiatives for regulation of the commercial or public use of any media content that
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makes use of a person's physical attributes; and
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(j) Perform such acts as may be necessary to effectively implement the
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provisions of this Act.
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Sec. 10. Suppletory Application. - The provisions of Republic Act No. 8293 as
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amended, otherwise known as the "Intellectual Property Code of the Philippines," and
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Republic Act No. 10173, otherwise known as the "Data Privacy Act of 2012," shall have
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suppletory application insofar as the same are consistent with the provisions of this
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Act.
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Sec. 11. Implementing Rules and Regulations. - Within sixty (60) days from
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the effectivity of this Act, the IPOPhil, in coordination with the National Privacy
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Commission, and Cybercrime Investigation and Coordinating Center, and in
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consultation with non-government organizations concerned, shall promulgate the
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rules and regulations to effectively implement the provisions of this Act.
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Sec. 12. Separability Clause. - If any provision or part hereof is deciared
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unconstitutional, the remainder of this Act or any provision not affected thereby shall
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remain in full force and effect.
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Sec. 13. Repealing Clause. - Any law, presidential decree or issuance, executive
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order, letter of instruction, administrative order, ruie, or regulation contrary to or
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inconsistent with the provisions of this Act is hereby repealed, modified, or amended
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accordingly.
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Sec. 14. Effectivity. - This Act shali take effect immediately after its publication
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in the Official Gazette or in a newspaper of general circulation.
Approved,