! 1 
~., 
SIXTEENTH CONGRESS OF THE REPUBLlC 
) 
OF THE PHILlPPINES 
) 
First Regular Session 
) 
SENA1i~,~ 
S. No. 
.. .. '" 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
For the better part of the last 20 years, the Internet and information and communication 
technology (ICT) have increasingly become part of the Filipino way of life. Rare now are the 
queues before public pay telephones; today, the penetration of mobile phone subscription is 
pegged by the World Bank at 92%. Instead of handwritten letters and voice tapes, OFWs and 
their families communicate in real time or in near-real time via Skype, Facebook, Chikka 
internet-based texting, and email. Students are no longer limited by the SIze and 
comprehensiveness of the local library; today, even advanced studies done in developed 
countries are available to the furthest rural classroom that is equipped with a computer and a 
broadband connection. 
ICT is a practical, strategic agentl that is governed by universal ethical rules2and 
standards,3 and is used to address divisions in culture, education, government openness, 
receptiveness, and transparency, as well as weaknesses in technical and financial capacity. As 
such, many government officials and agencies have learned that ICT and the Internet are 
powerful tools to promote their agenda and engage the citizemy. ICT tools and the Internet 
proved invaluable in disaster management and rescue and relief operations during Ondoy, 
Pepeng, and Habagat.4 Communication through the Internet and social media is the hallmark of 
the public service of PAGASA (@dost..J)agasa), Project Noah (http://noah.dost.gov.ph/), and the 
I "Utilizing rCT for Sustainable Development in Developing Countries, It Rahman. 
http://www.academia.edu/1637293/Utilizing ICT for Sustainable Development in Developing Countries 
2 "RFC 1087: Ethics and the Internet," Internet Activities Board - Internet Engineering Task Force, 1987. 
https:lltools.ietf.org/html/rfcI087 
3 "Tao of the IETF: A Novice's Guide," Internet Engineering Task Force, 2012. http://www.ietf.org/tao.html 
<I n ANC interview with Communications Undersecretary Manuel L. Quezon III, on engagement through new media 
platforms," Presidential Communications Development & Strategic Planning Office, 14 August 20 12. 
http://pcdspo.gov .phl20 121081 14/anc-interview-with-communications-undersecretary-manuel-I-quezon-iii-on-
engagernent-through-new-media-platfonnsl 
1 


MMDA (@mmda). The use of ICT, the Internet, and social media can even be argued to have 
been key to the election of President Benigno S. Aquino III. 5 
rCT has also been a boon to the Philippine economy, even U1 spite of an annual 
telecommunications investment of only 0.014 % of the GDP.6 Through fast and reliable 
corporate networks, the BPO, ITO, and other outsourcing industries have contributed USD II 
billion in export revenues, or an estimated 5.4% to the country's GDP in 2011.7 The salary scales 
of the average knowledge worker ranged from PIO,OOO to PIOO,OOO in 2006,8 lessening the 
pressure for college graduates and professionals to seek employment abroad. 
According to a 2009 World Bank study of rCT's impact on economies, for every ten 
percentage-point increase in high-speed Internet connections there is an increase in economic 
growth of 1.3 percentage points-contrast this with 0.8 percentage point increase in economic 
growth per ten percentage point increase in mobile phone subscriptions.9 Further economic 
growth can be expected if the Philippine business environment provides for the healthy growth 
ofInternet and ICT infrastructure and services. 
Shortly after the Internet was first used in the country in 1994, legislators have crafted 
measures to ensure the protection of the public, such as the Electronic Commerce Act (R.A. 
8792) and the Data Privacy Act (R.A. 10173). Unfc)rtunately, there remains legislation that 
confines the Philippines to 20th century capabilities in this 21st century information society. 
Clearly, laws that have an impact on cyberspace must address the realities of the present and the 
challenges of the future. 
International treaties, agreements, and conventions, such as the UN Convention Against 
Transnational Organized Crime, the International Convention for the Suppression of the 
5 llFacebook and Twitter -
democratising participation in the Philippines, II Social Media and Politics: Online Social 
networking and Political Communication in Asia, Espina-Letargo, 2010. http://www.kas.de/wf/doc/kas 21591-
1522-l-30.pdf?110120093225 
-
6 "Information and Communication Technology (lCT) Investment in Economically Developing Countries," Negash, 
31 December 2006. 
http://www.academia.edu/400086/Information and Communication Technology ICT Investment In Economicall 
y Developing Countries 
7 "After dominating call centers, Philippine IT-BPO seeks world leadership in four more fast growing services," 
DOST-ICTO, 30 January 2012. htlp:/lwww.dost.gov.ph/index.php?option~com content&view~artic1e&id~1 096 
8 "An Jnput-Output Analysis of the Philippine BPO Industry", Magtibay-Ramos, Estrada, Felipe, 2 Oclober2007. 
http://www.nscb.gov.ph/nes/l OthN CS/papers/invited%20papers/.i!ls-02/ips02-03 .pdf 
9 "Information and Communications for Development 2009: Extending Reach and Increasing Impact,''' World Bank, 
22 July 2009. (pennanent URL:http://go.worldbank.org/NATLOH7HYO; online 
reading:http://issuu.com/world.bank.publications/docs/9780821376058) 
2 


Financing of Terrorism, and the Budapest Convention, have highlighted the need for nation-
states to secure their ICT and Internet infrastructure. Reports on the use of ICT as weapons -
such as the alleged deployment of the "Stuxnet" worm by the United States against Iran, the 
alleged hacking of the People's Republic of China of Google servers, and the recent attack on 
Middle Eastern oil production infrastructure by the Shamoon virus - have shown the world that 
ICT can be used as weapons, and have thus shown the need for countries to develop their own 
cybersecurity and cyberdefense capabilities. This is further complicated by hostile non-state 
actors and politically-motivated "hacktivists" employing massive botnets as a fonn of protest or 
attack, as cheap supercomputing provide even novices the capability to crack tens of thousands 
of passwords in a few hours. The Philippines has not been spared from such cyberattacks, the 
most recent being the defacement of the Philippine News Agency website by suspected Chinese 
hackers IO and a distributed denial-of-service (DDoS) attack on vital government web sites and 
transport, telecommunications, and mass media ICT networks allegedly by Taiwanese 
hacktivists. 11 
The Internet and ICT represent technological advances with the same progressive societal 
impact as the printing press and the telegraph. Such innovations should be harne~sed for the 
I 
common good, which includes the preservation and promotion of individual rights as guaranteed 
under the Bill of Rights. 
It is time for the establishment of a comprehensive State framework for the 
administration of the Internet and ICT in the Philippines, a task that should be jointly undertaken 
by the government and the private sector. Unless this framework is set in place, the temptation 
looms that the challenges engendered by these new technologies will be addressed in a 
reactionary, irrational, and haphazard manner that ultimately impedes national progress. This Bill 
provides for appropriate mechanisms and command structures within the government to address 
ICT-enabled threats and promote online access and social benefits. 
iO "'Chinese hackers' deface PNA website," ABS-CBNNews.com, 14 Apri12013. http://www.abs-
cbnnews.com/nation/04/14/13/ch inese-hackers-deface-pna-website 
11 "Filipino Government Webites Hacked By Taiwanese, And Chinese Netizens Show Surprising Support," 
International Business Times, Song, 13 May 2013. http://www.ibtimes.comlfilipino-government-webites-hacked-
taiwanese-chinese-netizens-s how-surprising-support -1254 253 
3 


The Magna Carta for Philippine Internet Freedom is envisioned to ensure that the 
Philippines and its citizens are able to meet the challenges posed by leT and cyberspace, able to 
wield it and benefit from it in charting a better future. 12 
12 This bill was originally filed during the Fifteenth Congress, Third Regular Session. 
4 


Table of Contents 
Part 1. General Provisions 
Section 1. Short Title 
Section 2. Declaration of Policies 
Part 2. Definition of Terms 
Section 3. Definition of Terms 
Part 3. Internet Rights and Freedoms 
Section 4. Right to Freedom of Speech and Expression on the Internet 
Section 5. Universal Access 
Section 6. Right to Privileged Access to and Control of Devices 
Section 7. Protection of the Freedom to Innovate and Create Without 
Permission 
Section 8. Right to Privacy of Data 
Section 9. Right to Security of Data 
Section 10. Protection ofIntellectual Propetiy 
Section II. Protection of the Internet as an Open Network 
Section 12. Promotion of Network Neutrality 
Section 13. Transparency in Governance and Freedom ofInformation 
Part 4. The Department of Information and Communications Technology 
Page No. 
1 
1 
3 
12 
13 
15 
16 
16 
17 
18 
19 
19 
20 
Section 14. Department ofInformation and Communications Technology 
21 
Section IS. Strategic Objectives of the DICT 
22 
Section 16. Powers and Functions of the DICT 
23 
Section 17. Composition of the DICT 
25 
Section 18. Secretary ofI CT 
26 
Section 19. Regional Offices 
27 
Section 20. Periodic Performance Review 
28 
Section 21. Council of Chief Information Officers 
28 
Section 22. National Telecommunication Commission 
28 
Section 23. National Data Privacy Commission 
28 
5 


Table of Contents 
Section 24. ICT Legal Affairs Office 
Section 25. Telecommunications Office 
Section 26. National Information and Communications Technology 
Institute 
Section 27. Freedom ofInformation and the Official Gazette 
Section 28. Compliance with Republic Act No. 6656. 
Section 29. Sectoral and Industry Task Forces 
Section 30. Structure and Staffing Pattern 
Section 31. Magna Carta for Scientists, Engineers, Researchers and other 
S & T Personnel in the Government 
Section 32. Separation from Service 
Part 5. Regulations for the Promotion of Internet Rights and Freedoms 
Section 33. Declaration of Compliance with Treaty Obligations and 
International Conventions 
Section 34. The State as the Primary Duty-Bearer 
Section 35. Duties of the State Agencies and Instrumentalities 
Section 36. Amendments to the Public Telecommunications Policy Act of 
the Philippines 
Section 37. Quality of Service and Network fair Use 
Section 38. Amendments to the Intellectual Property Code of the 
Philippines 
Section 39. Content Fair Use 
Section 40. Amendments to the E-Commerce Act 
Section 41. Amendments to the Data Privacy Act 
Section 42. Repeal of the Cybercrime Prevention Act 
Part 6. Cybercrimes and Other Prohibited Acts 
Page No. 
29 
29 
29 
30 
30 
30 
30 
30 
30 
31 
32 
32 
35 
45 
47 
51 
51 
52 
52 
Section 43. Network Sabotage 
52 
Section 44. Failure to Provide Reasonable Security for Data and Networks 
53 
Section 45. Violation of Data Privacy 
54 
Section 46. Violation of Data Security 
55 
6 


Table of Contents 
Page No. 
Section 47. Illegal and Arbitrary Seizure 
Section 48. Infi'ingement ofIntellectual Property Rights 
Section 49. Fraud via ICT 
Section 50. ICT-Enabled Prostitution and ICT-Enabled Trafficking in 
Persons 
Section 51. ICT-Enabled Child Prostitution and ICT-Enabled Child 
Trafficking 
Section 52. Internet Libel, Hate Speech, Child Pornography, and Other 
Expression Inimical to the Public Interest 
Section 53. Sabotage of Critical Networks and Infrastructure, Acts of 
Cyberterrorism, and Cyberespionage. 
Part 7. National Cybersccurity, Cyberdefense, Counter-Cyberterrorism, and Counter-
Cyberespionagc 
Section 54. Cyberwarfare and National Defense 
Section 55. National Cybersecurity and Protection of Government 
Information and Communications Technology Infrastructure 
Section 56. Amendments to the AFP Modernization Act 
Section 57. Counter-Cyberterrorism 
Section 58. Counter-Cyberespionage 
Part 8. Penalties 
Section 59. Applicability of the Penal Code and Other Special Laws 
Section 60. Penalties For Specific Violations of the Magna Carta for 
Philippine Internet Freedom 
Section 61. Penalties for Violations ofthe Magna Carta for Philippine 
Internet Freedom Affecting Critical Networks and Infrastructure 
Section 62. Penalties for Other Violations of the Magna Carta for 
Philippine Internet Freedom 
Section 63. Penalties for Violations of the Magna Carta for Philippine 
Internet Freedom Committed by a Public Official 01' Employee 
Section 64. Liability Under the Data Privacy Act, the Intellectual Property 
Code, the Optical Media Act, the Anti-Child Pornography Act of2009, 
the Special Protection of Children Against Abuse, Exploitation and 
Discrimination Act, the Penal Code, and Other Laws 
7 
56 
57 
58 
59 
60 
61 
65 
68 
68 
69 
71 
72 
72 
72 
80 
80 
80 
81 


Table of Contents 
Section 65. Competent Law Enforcement Agencies 
Section 66. Cybercrime Courts 
Section 67. Jurisdiction of Cybercrime Courts 
Section 68. Extraterritorial Application of the Magna Carta for Philippine 
Internet Freedom 
Part 9. Implementing Rules and Regulations 
Section 69. Rules and Regulations for the Implementation of the Magna 
Carta for Philippine Internet Freedom 
Section 70. Implementing Rules and Regulations for Information and 
Communications Technology Infrastructure Development 
Section 71. Implementing Rules and Regulations for Cybercrime Law 
Enforcement 
Section 72. Implementing Rules and Regulations for Information and 
CommunicationsTechnology Education, Training, and Human Resources 
Section 73. Implementing Rules and Regulations for Information and 
Communications Technology Research and Development 
Section 74. Implementing Rules and Regulations for National 
Cyberdefense, Cyberintelligence, Counter-Cyberterrorism, and Counter-
Cyberespionage 
Section 75. Periodic Review of the Implementing Rules and Regulations 
of the Magna Carta for Philippine Internet Freedom 
l)art 10. Final Provisions 
Section 76. Appointment of the Secretary ofInformation and 
Communications Technology 
Section 77. Release ofInitial Appropriations 
Section 78. Preparation of Implementing Rules and Regulations 
Section 79. Compliance of Government ICT Infrastructure and Critical 
Networks, Data, and Internet Infrastrncture 
Section 80. Public Information Campaign for the Magna Carta for 
Philippine Internet Freedom and its Implementing Rules and Regulations 
Section 81. Initial Funding Requirements 
Section 82. Succeeding Appropriations 
Section 83. Separability Clause 
8 
Page No. 
82 
82 
83 
84 
84 
85 
85 
85 
85 
86 
87 
87 
87 
87 
87 
88 
89 
90 
90 


Table of Contents 
Section 84. Repealing Clause 
Section 85. Effectivity Clause 
9 
Page No. 
90 
90 


SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
ESTABLISHING A MAGNA CARTA FOR PHILIPPINE INTERNET FREEDOM, 
3 
CYBERCRIME PREVENTION AND LAW ENFORCEMENT, AND CYBERDEFENSE 
4 
AND NATIONAL CYBERSECURITY 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
5 
Part I. General Provisions 
6 
SECTION l. Short Title. - This Act shall be known as "The Magna Carta for Philippine 
7 
Internet Freedom." 
8 
SECTION 2. Declaration of Policies. - (a) The State affirms that all the rights, 
9 
guarantees, and privileges provided by the Bill of Rights and the Constitution, as well as those 
1 0 
established under general principles of international law and under treaties and conventions to 
11 
which the Philippines is a signatory, shall govern in the use, development, innovation, and 
12 
invention of information and communications technology (lCT) and the Internet by the Filipino 
13 
people. 
14 
(b) The State affirms its commitment to the people and to all nations that, in the crafting 
15 
of laws and regulations governing the use of the Internet and ofTCT, these shall be subject to the 
16 
parameters set forth under the Constitution. 
17 
(c) The State reaffirms the vital role of communication and information in nation-
18 
building, as stated in the Constitution, Article II, Section 24; 
19 
(d) The growth of the Internet and rCT both depend on and contribute to the growth of 
1 


1 
the economy, advances in science and technology, and the development of human capital, and 
2 
encourage democratic discourse and nation-building; 
3 
(e) The public and private sector have a role in the development, invention, and 
4 
innovation for the Internet and for leT, through domestic, international, and transnational 
5 
efforts; thus, the State shall encourage development, invention, and innovation thro~lgh and for 
6 
the Internet and ICT in cooperation with the private sector, other nations, and international 
7 
bodies; 
8 
(f) The State recognizes that network bandwidth is a finite resource that is limited by 
9 
technological advancements and by telecommunications infrastructure and investment; thus, the 
10 
State shall encourage the development of information and communications technology and 
11 
infrastructure; 
12 
(g) The Internet and leT further enable participative governance, transparency, and 
13 
accountability in government; thus, the State reaffirms its policy of full public disclosure of all 
14 
its transactions involving public interest and to develop plans, policies, programs, measures, and 
15 
mechanisms using the Internet and leT in the implementation of its policy of full public 
16 
disclosure; 
17 
(h) The State recognizes the basic right of all persons to create, access, utilize and share 
18 
information and knowledge through reT, and shall promote the Internet and leT as a means for 
19 
all to achieve their full potential, promote their sustainable development, and improve their 
20 
quality of life; 
21 
(i) The growth of the Internet and leT affect peace and order and the enforcement of law 
22 
within the national territory and across other nations; thus, the State reaffirms its policy of 
23 
cooperation and amity with all nations, and its adoption of generally accepted principles of 
24 
international law as part of the law of the land, in the pursuit of peace and order and in the 
25 
enforcement of law; 
26 
U) The Internet has the potential to become a theater of war, and that leT can be 
27 
developed into weapons of mass destruction; thus, consistent with the national interest and the 
28 
Constitution, the State shall pursue a policy of "no first use" of cyberweapons against foreign 
29 
nations, and shall implement plans, policies, programs, measures, and mechanisms to provide 
2 


1 
cyberdefense of Philippine Internet and ICT infi'astructure resources; and, 
2 
(k) Art and culture can be created on devices, on networks, and on the Internet; thus, the 
3 
State shall pursue a policy that promotes the Internet and information and communications 
4 
technology, and the innovation therein and thereof, as instruments of life, liberty, and the pursuit 
5 
of happiness. 
6 
Part 2. Definition of Terms 
7 
SECTION 3. Definition a/Terms. - Whenever possible, definitions shall be adopted from 
8 
those established by the International Telecommunications Union (ITU), the Internet 
9 
Engineering Task Force (IETF), the World Wide Web Consortium (WWWC), the Internet 
10 
Corporation for Assigned Numbers and Names (ICANN), and other international and 
11 
transnational agencies governing the development, use, and standardization of information and 
12 
communications technology and the Internet. For purposes of this Act, the following terms shall 
13 
mean: 
14 
(a) Access - The ability and means to communicate with or otherwise interact with a 
15 
device, computer, system or network, to use resources to handle information, to gain knowledge 
16 
of the information the device, computer, system, or network contains, or to control device or 
17 
system components and functions. 
18 
(b) Administrator - A person or role with privileged access and control over a network or 
19 
a multi-user computing environment responsible for the operation and the maintenance of the 
20 
network or computing environment. 
21 
(i) Network administrator- A person or role responsible for the operation and the 
22 
maintenance of a network. 
23 
(ii) Systems administrator - A person or role responsible for managing a multi-
24 
user computing environment. 
25 
(c) Availability - The ability of a device or set of devices to be in a state to perform a 
26 
required function under given conditions at a given instant of time or over a given time interval, 
27 
assuming that the required external resources are provided. 
3 


1 
(d) Bandwidth - The capacity of a transmission medium to carry data. 
2 
( e) Bot - A computer program 01' software installed in a device, computer, computer 
3 
system, or network capable of performing automated tasks over the Internet, without the 
4 
knowledge or consent of the user or owner of the device computer, system, or network, with 
5 
control ceded to a third party, usually malicious. Bot may also refer to the individual device that 
6 
is infected with such programs or software. 
7 
(i) Botnet - A network of computers infected with bots. 
8 
(f) Cache - A temporary storage of recently accessed data or information, which may be 
9 
stored in the local storage medium of a device or computer, or in the storage media of a network, 
10 
for purposes of speeding up subsequent retrievals of data or information from the Internet or 
11 
networks . 
. 12 
(g) Chief Information Officer (CIO) - A third-ranking career executive in charge of the 
13 
information and communications technology/information technology/management information 
14 
systems (ICT/IT/MIS) office in a department, bureau or government-owned or -controlled 
15 
corporation/government financial institution, including legislative, judicial and constitutional 
16 
offices. 
17 
(h) Code - The symbolic arrangement of data or instructions in a computer program or a 
18 
set of such instructions. 
19 
(i) Component - Any individual part of a device. 
20 
CD Computer - Any device or apparatus which, by electronic, electro-mechanical or 
21 
magnetic impulse, or by other means, is capable of receiving, recording, transmitting, storing, 
r 
22 
processing, retrieving, or producing information, data, figures, symbols or other modes of written 
23 
expression according to mathematical and logical rules or of performing anyone or more of 
24 
those functions. 
25 
(k) Computer program - A set of instructions expressed in words, codes, schemes or in 
26 
any other form, which is capable when incorporated in a medium that the computer can read, of 
27 
causing the computer to perform or achieve a particular task or result. 
28 
(I) Configuration - The way a device, computer, computer system, or network is set up. 
29 
(m) Content - Data that can be readily understood by a user immediately upon access, 
4 


1 
which may include but is not limited to text, pictures, video, or any combination thereof. The 
2 
word is synonymous to information. Data that is readable and usable only by and between 
3 
devices, computers, systems or networks, such as traffic data, is not content. 
4 
(n) Control - The use of resources, modification of the configuration, and otherwise 
5 
exertion of a directing influence on the operation of a device, computer, system, or network. 
6 
(0) Critical infrastructure -- The systems and assets, whether physical or virtual, so vital to 
7 
the Philippines that the incapacity or destruction of such systems and assets would have a 
8 
debilitating impact on national security, economy, public health or safety, or any combination of 
9 
those matters. 
10 
(p) Critical network - An information and communications system or ,network of 
11 
systems, whether physical or virtual, so vital to the Philippines that the incapacity or destruction 
12 
of such a network would have a debilitating impact on national security, economy, public health 
13 
or safety, or any combination ofthose matters. 
14 
(q) Cryptography - The discipline which embodies principles, means, and methods for 
15 
the transformation of data in order to hide its information content, prevent its undetected 
16 
modification andlor prevent its unauthorized use. 
17 
(r) Cyber environment - The environment comprised of users, networks, devices, all 
18 
software, processes, information in storage or transit, applications, services, and systems that can 
19 
be connected directly or indirectly to networks or the Internet. 
20 
(s) Cyberattack - An attack by a hostile foreign nation-state or violent non-state actor on 
21 
Philippine critical infrastructure or networks through or using the Internet or information and 
22 
communications technology. The term may also be used to mean an assault on system security 
23 
that derives from an intelligent threat, i. e., an intelligent act that is a deliberate attempt to evade 
24 
security services and violate the security policy of a system. 
25 
(t) Cybercrime - Any unlawful act punishable by this law or other relevant laws 
26 
committed through or using the Internet or information and communications technology. 
27 
(u) Cyberdefense - The collection of plans, policies, programs, measures, mechanisms, 
28 
and weapons designed to defend the Philippines from cyberattack. 
29 
(v) Cyberintelligence 
The collection, analysis, processing, and dissemination of 
5 


1 
information, which may be done through or using the Internet or information and 
2 
communications technology, designed to provide guidance and direction to commanders and 
3 
leaders of military and law enforcement units towards the combating of acts of cyberattack and 
4 
cyberterrorism. 
5 
(w) Cybersecurity -
The collection of tools, policies, security concepts, security 
6 
safeguards, guidelines, risk management approaches, actions, training, best practices, assurance, 
7 
and technologies that can be used to protect the cyber environment and organization and user's 
8 
information and communications technology assets. 
9 
(x) Cyberspace - A global domain within the information environment consisting of the 
10 
interdependent network of information systems infrastructures including the Internet, 
11 
telecommunications networks, computer systems, and embedded processors and controllers, or 
12 
the virtual space constituted by a computer network with a set of distributed applications and its 
13 
users. 
14 
(y) Cyberterrorism - A violation of the Human Security Act of 2007 committed through 
15 
or using the Internet or information and communications technology. 
16 
(z) Cyberwarfare - The damaging, disruptive, saboteurish, or infiltrative actions, or 
17 
analogous acts of a belligerent nature, by a nation-state or violent non-state actor against the 
18 
Philippines, its government, or its citizens, with the intent to cause damage and disruption to the 
19 
people, property, infrastructure, or systems of the Philippines, through or using computers, 
I 
20 
information and communications technology, networks, or the Internet. 
21 
(aa) Data - The reinterpretable representation of information in a formalized manner 
22 
suitable [or communication, interpretation, or processing, or information represented in a manner 
23 
suitable for automatic processing. 
24 
(i) Data, private - Any and all data that does not fall under the definition of public 
25 
data. 
26 
(ii) Data, public - Data which is available to the public without access being 
27 
restricted by requirements of membership, non-disclosure agreements or similar. 
28 
(iii) Data, traffic - Data that is readable and usable only solely by and between 
29 
devices, computers, systems or networks, used for purposes of facilitating the transfer of 
6 


1 
information between devices, computers, systems or networks. 
2 
(ab) Device - The material element or assembly of such elements intended to perform a 
3 
required function. 
4 
(ac) Download - The transfer of data or information from the Internet or a network to a 
5 
device or computer upon request of the user for this information. 
6 
(ad) Encryption - An encoding scheme that produces meaningless information to all 
7 
observers except those with the decryption key made for the purpose. 
8 
(ae) End user license agreement - The legal agreement between two parties, o.ne of which 
9 
is the user, that stipulates the terms of usage of a device, software, or service. 
10 
(at) Equipment - A single apparatus or set of devices or apparatuses, or the set of main 
11 
devices of an installation, or all devices necessary to perform a specific task. 
12 
(i) Data processing equipment - Equipment used to process data electronically. 
13 
(ii) Network equipment - Equipment used to allow data communication between 
14 
devices, computers, systems, networks, or the Internet. 
15 
(iii) Storage equipment - Equipment used to store data in an electronic form, and 
16 
allow the retrieval of data by electronic means. 
17 
(ad) Executable - The ability of a code, script, software, or computer program to be run 
18 
from start to finish in a device or computer, and providing a desired result. 
19 
(ae) Free and open-source software - Liberally licensed software whose license grants 
20 
users the right to use, copy, study, change, and improve its design through the availability of its 
21 
source code. 
22 
(at) Hardened - The state of reduced vulnerability to unauthorized access or control or to 
23 
malicious attacks of a device, compnter, network, or information and commnnications 
24 
technology infrastructure. 
25 
(ag) Hardware - The collection of physical elements that comprise a device, equipment, 
26 
computer, system, or network. 
27 
(ah) High-speed 'connection - A service that provides data connection to n~tworks and 
28 
the Internet that has data rates faster than what is generally available to the general pnblic. 
29 
(ai) High-volume connection - A service that provides data connection to the networks 
7 


1 
and the Internet that allows volumes of uploadable andlor downloadable data larger than what is 
2 
generally available to the general public. 
3 
(aj) Information - Data that can be readily understood by a user immediately upon 
4 
access, which may include but is not limited to text, pictures, video, or any combination thereof. 
5 
The word is synonymous to content. Data that is readable and usable only by and between 
6 
devices, computers, systems or networks, such as traffic data, is not information. 
7 
(i) Private information - Refers to any of these three classes of information: 
8 
(I) any information whether recorded in a material form or not, from 
9 
which the identity of an individual is apparent or can be reasonably and directly 
10 
ascertained by the entity holding the information, or when put together with other 
11 
information would directly and certainly identify an individual; 
12 
(2) Any and all forms of data which under the Rules of Court and other 
13 
pertinent laws constitute privileged communication; and, 
14 
(3) any information whose access requires the grant of privileges by a 
15 
duly-constituted authority, which may include but is not limited to a systems or 
16 
network administrator. 
17 
(ii) Sensitive private information - Refers to personal information: 
18 
(1) About an individual's race, ethnic origin, marital status, age, .color, and 
19 
religious, philosophical or political affiliations; 
20 
(2) About an individual's health, edncation, genetic or sexual life of a 
21 
person, or to any proceeding for any offense committed or alleged to have been 
22 
committed by such person, the disposal of such proceedings, or the sentence of 
23 
any court in such proceedings; 
24 
(3) Issued by government agencies peculiar to an individual which 
25 
includes, but not limited to, social security numbers, previous or current health 
26 
records, licenses or its denials, suspension or revocation, and tax returns; and 
27 
(4) Specifically established by an executive order or an act of Congress to 
28 
be kept classified. 
29 
(iii) Public information - Any information that is not restricted by virtue of the 
8 


1 
preceding definitions and can be readily accessed by any interested member of the public. 
2 
(ak) Information and communications technology -
The integration of real-time 
3 
communication services, non-real-time communication services, and telecommunications, 
4 
computers, software, hardware, storage, and devices, which enable users to access, store, 
5 
transmit, and manipltlate·information. 
6 
(al) Internet - The global system of interconnected computer networks linked by various 
7 
telecommunications technologies and that uses the standard Internet protocol suite. 
8 
(am) Medium- A material used for specific purposes. 
9 
(i) Storage medium -
The physical material or device in which data or 
10 
information may be stored, which includes but is not limited to magnetic tape, disk 
11 
drives, flash devices, electrically erasable programmable read-only memory (EEPROM) 
12 
chips, optical media disks, punched cards, and paper. 
13 
(ii) Transmission medium -
The physical material through which a data 
14 
communication signal is transmitted, which includes but is not limited to twisted-pair 
15 
copper wire, coaxial cable, optical fiber, and air. 
16 
(an) Network - A collection of computers, devices, equipment, and other hardware 
17 
interconnected by communication channels that allow sharing of resources and information. 
18 
(i) Open network - A network, such as the Internet, which allows any entity 01' 
19 
device to interconnect with freely at any time and become a user or part of the network, 
20 
provided the entity 01' device uses the same or compatible communications protocols, and 
21 
whiCh allows any user to cease interconnectivily with freely at any -time, provided the 
22 
user does so in a marmer that does not compromise the security protocols of the open 
23 
network or of other users. 
24 
(ii) Private network - A network which is operationally private by nature and not 
25 
universally accessible by the general public. 
26 
(iii) Public network - A network which provides services to the general public. 
27 
(ao) Offline - The state of being disconnected from the Internet or networks. 
28 
(ap) Online - The state of being connected to the Internet or a network. 
29 
9 


1 
(aq) Ownership - Ownership is defined by the Civil Code. 
2 
(i) Privately-owned - Ownership as provided for by the Civil Code of the 
3 
Philippines by a natural person or a juridical person under Article 44 paragraph (3) of (he 
4 
Civil Code. 
5 
(ii) Publicly-owned - Ownership as provided for by the Civil Code of the 
6 
Philippines by a juridical person under Article 44 paragraphs (1) and (2) of the Civil 
7 
Code. 
8 
(ar) Physical plant - The building, structure, and infrastructure necessary to support and 
9 
maintain a facility. 
10 
(as) Platform -
The hardware architecture and/ or software framework, including 
11 
application frameworks, whose combination allows a user to run software. 
12 
(at) Privacy - May refer to any of these definitions, or a combination of these definitions: 
13 
(i) the right guaranteed and protected by the Constitution; 
14 
(ii) the right of individuals to control or influence what personal 'information 
15 
16 
17 
18 
19 
20 
action. 
21 
22 
23 
24 
25 
26 
27 
28 
29 
related to them may be collected, managed, retained, accessed, and used or distributed; 
(iii) the protection of personally identifiable information; and, 
(iv) a way to ensure that information is not disclosed to anyone other than the 
intended parties (also known as "confidentiality"). 
(au) Privilege - A right that, when granted to an entity, permits the entity to perform an 
(i) Privileged access - The completely unrestricted access of a user to the 
resources of a device, computer, system, or network. 
(ii) Privileged control - The completely unrestricted ability of a user to use the 
resources, modify the configuration, and otherwise exert a directing inGuence on the 
operation of a device, computer, system, or network. 
(av) Processing - The act of performing functions or activities on data or information. 
(i) Processing (Data Privacy Act) - Any operation or any set of operations 
performed upon personal information including, but not limited to, the collection, 
recording, organization, storage, updating or modification, retrieval, consultation, use, 
10 


1 
consolidation, blocking, erasure or destruction of data. (RA 10173) 
2 
(ii) Data .processing - Any process to enter data and summarize,' analyze or 
3 
otherwise convert data into usable infonnation. 
4 
(iii) Information processing - The transformation of infonnation in one form to 
5 
information in another form through an algorithmic process. 
6 
(aw) Protocol- A defined set of procedures adopted to ensure communication, or a set of 
7 
rules for data transmission in a system interlinking several participants. 
8 
(ax) Publication - The act of making works available to the public by wire or wireless 
9 
means in such a way that interested members of the public may access these works from a place 
10 
and time individually chosen by them. 
11 
(ay) Script - A computer program or sequence of instructions that is interpreted or carried 
12 
out by another computer program instead of directly by a computer, device, or equipment. 
13 
(az) Security - The ability to prevent frand as well as the protection of information 
14 
availability, integrity and confidentiality. 
15 
(i) Security, behavioral - The use of laws, regulations, policies, procedures, 
16 
instructions and the like to int1uence or restrict behavior for purposes of maintaining 
17 
security. 
18 
(ii) Security, electronic - The use of computer programs, software, code, scripts, 
19 
devices, or equipment for purposes of maintaining security. 
20 
(iii) Security, physical - The use of locks, gates, security guards, and other 
21 
analogous means, for purposes of maintaining security. 
22 
(ba) Service - A set of functions offered to a user by another person or by an 
23 
organization. 
24 
(bb) Service quality - The collective dIect of service performance which determines the 
25 
degree of satisfaction of a user of the service. 
26 
(bc) Software - The set of programs, procedures, algoritluns and its documentation 
.27 
concerned with the operation of a data processing system, computer, device, or equipment. 
28 
(bd) Software application - Software designed to help a user perform a specific task or 
29 
set of tasks. 
11 


1 
(be) State - The Republic of the Philippines, any of its political subdivisions, departments 
2 
and agencies, including but not limited to government owned or controlled corporations or 
3 
governrnent corporate entities. 
4 
(bf) Telecommunications - A service or system of interconnected entities providing the 
5 
ability to exchange and interchange data between points or from a point to multiple points. 
6 
(bg) Universal access - The provision of adequate and reliable facilities at reasonable 
7 
charges in all areas within Philippine jurisdiction, as far as is teclmologically sound and 
8 
practicable and subject only to technological and reasonable economic limitations, without any 
9 
discrimination on the basis of gender, sexual orientation, religious belief or affiliation, political 
10 
belief or affiliation, ethnic or regional affiliation, citizenship, or nationality. 
11 
(bh) Upload - The transfer of data or information to the Internet or a network from a 
12 
device or computer, initiated by the user. 
13 
(bi) Uptime - The time a device, equipment, computer, or network can be left unattended 
14 
without suffering failure, or needing to be undergo administrative or maintenance purposes. 
15 
(bj) User - Any person, whether natural or juridical, or any entity that makes use of a part 
16 
or whole of the resources of a device, equipment, computer, system, network, software, software 
17 
application, code, or script. 
18 
(bk) Virus - Any computer program, code, or script that implements unauthorized andlor 
19 
undesirable changes to a device, computer, equipment, system, or network. For purposes of this 
20 
Act, the term may be used synonymously with malware, spyware, worms, trojans, and the like. 
21 
Part 3. Internet Rights and Freedoms 
22 
SECTION 4. Right to Freedom of Speech and Expression on the Internet. - (a) The State 
23 
shall, within its jurisdiction: 
24 
(i) Protect and promote the freedom of speech and expression on the Internet; and 
25 
(ii) Protect the right of the people to petition the government via the Internet for 
26 
redress of grievances. 
27 
(b) A person's right to publish content on the Internet, or to remove one's own published 
12 


1 
content or uploaded data, is recognized as integral to the constitutional right to free expression 
2 
and shall not be subject to any licensing requirement from the State. 
3 
(c) Any State action that constitutes prior restraint or subsequent punishment in relation 
4 
to one's Internet's rights shall be authorized only upon a judicial order issued in conformity with 
5 
the procedure provided under Section 5 of this Act. Provided that, notwithstanding Section 5, 
6 
any such judicial order issued upon motion of the Republic of the Philippines, or any of its 
7 
political subdivisions or agencies including government-owned or controlled corporations, shall 
8 
be issued only upon the following grounds: 
9 
(i) the nature of the material or information subject of the order creates a clear and 
10 
present danger of a substantive evil that the State has a right or duty to prevent; 
11 
(ii) the material or information subject of the order is not protected expression 
12 
under the standards of the community or the audience toward which the material or 
13 
information is directed; and 
14 
(iii) the publication of the material or the uploading of the information subject of 
15 
the order will constitute a criminal act punishable by laws enumerated in Section 5 ofthis 
16 
Act. 
17 
(d) No person shall be compelled to remove published content or uploaded data from the 
18 
Internet that is beyond the said person's capacity to remove. The party seeking to compel the 
. 
I 
19 
removal of the content or data has the burden to prove that the person being compf(lled has the 
20 
capacity to remove fi'om the Internet the specific content or data. For purposes of this section, 
21 
content or data retained in web archives or mirror sites are presumed to be content and data that 
22 
is beyond the capacity of the person being compelled to remove. 
23 
SECTION 5. Universal Access. - (a) The Stat" shall, within its jurisdiction, protect and 
24 
promote universal access to the Internet. 
25 
(b) A person's right to unrestricted access to the Internet may, upon discretion of the 
26 
appropriate Cybercrime Court whose jurisdiction is defined in this Act, be suspended as an 
27 
accessory penalty upon final conviction for any of the following criminal offenses: 
28 
(i) The felonies of robbery, theft, estafa, falsification, malversation, and 
13 


1 
usurpation of authority or official functions, as defined in appropriate penal laws, 
2 
committed by, through, or using the Internet or information and communications 
3 
technology; 
4 
(ii) Any criminal offense defined and punishable in the following special penal 
5 
laws: the Anti-Trafficking in Persons Act of 2003 (RA 9208), the Anti-Graft and Corrupt 
6 
Practices Act, the Code of Conduct and Ethical Standards for Public Officials and 
7 
Employees (RA 6713), the Anti-Money Laundering Act of2001 (RA 9160), the Violence 
8 
Against Women and Children Act (RA 9262), the Special Protection of Children Against 
9 
Abuse, Exploitation, and Discrimination Act (RA 7610), the Child and Youth Welfare 
10 
Code (PD 603), the Anti-Child Pornography Act of2009 (RA 9775), the Human Secmity 
11 
Act of2007 (RA 9732), or the Data Privacy Act of2012 (RA 10173), committed through 
12 
or using the Internet or information and communications technology; or 
13 
(iii) Any criminal offense defined and punishable by this Act. 
14 
The right of person accused of any of the above offenses to unrestricted access to the 
15 
Internet may be suspended or limited by the court of competent jmisdiction pending final 
16 
judgment upon a showing, following notice and hearing, that there is a strong likelihood that the 
17 
accused will be able to facilitate the commission of the offense so charged unless such order 
18 
were issued. 
19 
(c) It is presumed that all persons have the right to unrestricted access to the Internet, 
20 
sl1bject to the parameters established under this Act. Any voluntary restriction or waiver of such 
21 
right must be established by preponderance of evidence. 
22 
Any final judicial relief that seeks to limit or suspend, in whole or in part, one's right to 
23 
unrestricted access to the Internet, shall be determined in accordance with the appropriate law, 
24 
including but not limited to the Civil Code and this Act. Any civil action that seeks as a relief, in 
25 
part or in whole, the limitation or suspension of a person's right to unrestricted access to the 
26 
Internet, shall be filed exclusively with the Cybercrime Courts. 
i 
27 
No court .shall issue any provisional order suspending the right to unrestricted access to 
28 
the Internet of any person without prior notice and hearing, and only upon the grounds for the 
29 
issuance of a preliminary injunction under the Rules of Court. 
14 


1 
(d) The authority of the State to suspend one's right to unrestricted Internet access is 
2 
confined solely to the cOUlis of competent jurisdiction and may not be exercised by any 
3 
government agency, notwithstanding any contrary provisions of law. The right of the State to 
4 
infringe a person's right to unrestricted Internet access shall be governed by Section 5 of this 
5 
Act. 
6 
(e) No person or entities offering Internet access for free, for a fee, or as an extra offering 
7 
separate from the services already being offered, including but not limited to any hotel, 
8 
restaurant, commercial establishment, school, religious group, organization, or association, shall 
9 
restrict access to the Internet or any other public communications network from within its private 
10 
network, or limit the content that may be accessed by its employees, students, members, or 
11 
guests, without a reasonable ground related to the protection of the person or entity from actual 
12 
or legal threats, the privacy of others who may be accessing the network, or the privacy or 
13 
security of the network as provided for in the Data Privacy Act of2012 (RA 10173) and this Act. 
14 
SECTION 6. Right to Privileged Access to and Control of Devices. - (a) The State shall, 
i 
15 
within its jurisdiction, protect the right of a person to gain or attain privileged access or control 
16 
over any device over which the person has property rights. 
17 
(b) Any person involved in the wholesale or retail of devices may install, implant, or 
18 
otherwise put in a device a component, a configuration, or code that shall restrict the operation of 
19 
a device; Provided, the installation or implantation is for the sole purpose of ensuring the privacy 
20 
or security of the interconnection or interoperability of the device with public or private networks 
21 
or Internet or information and communications technology infrastructure; Provided further, that 
22 
notice is provided to potential buyers of the device of the presence of the component, 
23 
configuration, and code; Provided further, that the buyer may request the removal or 
24 
modification of the component, configuration, or .code prior to purchase from the seller and shall 
25 
assnme all risks attendant to such removal or modification. Removal or modification of the 
26 
component, configuration, or code by any person except the seller, manufacturer, or duly 
27 
authorized representative may be cause for a waiver of the warranty of the device. 
28 
15 


1 
(c) Unless otherwise provided by law, any person who has property rights over any 
2 
device may, by physical, electronic, or any other means, gain or attain privileged access or 
3 
control to such device; Provided, the gain or attainment of privileged access or control was not 
4 
intended to circumvent the protection of or cause the actual infringement on intellectual property 
5 
rights of another person. 
6 
SECTION 7. Protection of the Freedom to Innovate and Create Without Permission. -
7 
(a) The State shall, within its jurisdiction, protect and promote the freedom to innovate and 
8 
create without need for permission. No person shall restrict or deny another person the right to 
9 
develop new information and communications technologies, without due process of law or 
10 
authority vested by law. 
11 
(b) Subject to such conditions as provided for in the Intellectual Property Code and other 
12 
relevant laws, no person shall be denied access to new information and communications 
13 
technologies, nor shall any new information and communications tecimologies be blocked, 
14 
censored, suppressed, or otherwise restricted, without due process of law or authority vested by 
15 
law. 
16 
(c) No person who shall have created, invented, innovated, or otherwise developed a new 
17 
information and communications technology shall be penalized for the actions of the users of the 
18 
new information and communications technology. 
19 
SECTION 8. Right to Privacy of Data. - (a) The State shall, within its jurisdiction, 
20 
promote the protection of the privacy of data for all persons. 
21 
(b) Any person shall have the right to employ means such as encryption or cryptography 
22 
to protect the privacy of the data or networks which snch person owns or otherwi~e possesses 
23 
real rights over. 
24 
(c) Subject to such conditions as provided for in the Data Privacy Act of 2012 (RA 
25 
10173) and other relevant laws, no person shall access the private data of another person. 
26 
(d) The State shall, within its jurisdiction, guarantee a person's right of privacy over his or 
27 
her data or network rights, and such person's rights employ reasonable means to protect such 
16 


1 
right of privacy. 
2 
(e) The State is required to ensure the appropriate level of privacy of the data and of the 
3 
networks maintained by it. Failure to do so shall be penalized by this Act and other relevant 
4 
laws. 
5 
(f) Except upon a final ruling from the courts, issued in accordance with this act, no 
6 
person may compel an agency or instrumentality of the State maintaining data or networks to 
7 
reduce the level of privacy of the data or of the networks. 
8 
SECTION 9. Righi to Security of Data. - (a) The State shall, within its jurisdiction, 
9 
promote the protection of the security of data for all persons. 
10 
(b) Any person shall have the right to employ means, whether physical, electronic, or 
11 
behavioral, to protect the security of his or her data or networks over which the person has 
12 
ownership. 
I 
13 
(c) No third party shall be granted access to the private data or networks of a person by an 
14 
Internet service provider, telecommunications entity, or such person providing Internet or data 
15 
services, except upon a final court order issued in accordance with Section 5 of this Act. It shall 
16 
be a condition precedent to the filing of such action for access to private data that the person 
17 
owning such data be first properly notified of such a request by the Internet service provider, 
18 
telecommunications entity, or such person providing Internet or data services, and that such 
19 
person has refused to grant the requested access. A person shall not be deemed to have been 
20 
properly notified unless the person has acknowledged the notification of the request for access 
21 
and has agreed to grant or refuse access. 
22 
(d) No third party granted the right to access the private data or networks of a person by 
23 
an Internet service provider, telecommunications entity, or other such person providing Internet 
24 
or data services, shall be given any property rights over the data being accessed, the media where 
25 
the private data is stored, the equipment through which the network is run or maintained, or the 
26 
physical plant where the network equipment is housed, beyond the right to access the private 
27 
data or network, unless otherwise granted such rights by the courts following the appropriate 
28 
action and final order. 
17 


1 
(e) No person shall be deprived of his or her device, network equipment, or physical 
2 
plant that may be the subject of an appropriate complaint filed in cormection with this Act, 
3 
except: 
4 
(i) Upon a lawful warrant issued in connection with the appropriate criminal case 
5 
by the courts in accordance with the Rules of Court; Provided, that there must first be a 
6 
determination from the courts that the data, information, or contents carmot be separated 
7 
from the device, network equipment, or physical plant; and, 
8 
(ii) Upon a final decision by the courts issued in accordance with Section 5 of this 
9 
Act. 
10 
(f) The State shall be required to ensure the appropriate level of security of the data and 
11 
of the networks, whether private or public, that it maintains. Failure to do so shall be penalized 
12 
by this Act and other relevant laws. 
13 
(h) It shall be unlawful for any person to compel an agency or instrumentality of the State 
14 
maintaining data or networks to reduce the level of security of the data or of the networks being 
15 
maintained. 
16 
SECTION 10. Protection of Intellectual Property. - (a) The State shall, within its 
17 
jurisdiction, protect the intellectual property published on the Internet of all persons, m 
18 
accordance with the Intellectual Property Code of the Philippines (RA 8293), as amended, and 
19 
other relevant laws. 
20 
(b) It shall be presumed that any content published on the Internet is copyriljhted, unless 
21 
otherwise explicitly provided for by the author, subject to such conditions as provided for in the 
22 
Intellectual Property Code ofthe Philippines (RA 8293), as amended, and other relevant laws. 
23 
(c) Subject to the Intellectual Property Code of the Philippines (RA 8293), as amended, 
24 
and other relevant laws, no Internet service provider, telecommunications entity, or such person 
25 
providing Internet or data services shall have intellectual property rights over derivative content 
26 
that is the result of creation, invention, irmovation, or modification by a person using the service 
27 
provided by the Internet service provider, telecommunications entity, or such person providing 
28 
Internet or data services, unless such content is a derivative work of content already owned by or 
18 


1 
assigned to the Internet service provider, telecommunications entity, or such persop providing 
2 
Internet or data services acting as a content provider. The exception to the intellect\lal property 
3 
rights of the person must be explicitly provided for via an end user license agreement to which 
4 
both parties have agreed, and the existence of the derivative content must be dependent on the 
5 
service provided by the Internet service provider, telecommunications entity, or such person 
6 
providing Internet or data services. 
7 
(d) Notwithstanding existing provisions of law, it shall be presumed that the parents or 
8 
guardians of a minor shall have provided agreement and shall be bound to the terms of an end 
9 
user license agreement should the minor in their care signify agreement to the end user license 
10 
agreement. 
11 
(e) Notwithstanding existing provisions of law, it shall be presumed that any 
12 
infringement of intellectual property rights by a minor was done with the knowledge and consent 
13 
of his parents or guardians. 
14 
SECTION 11. Protection of the Internet as an Open Network. - (a) The State shall, 
15 
within its jurisdiction, protect and promote the Internet as an open network. 
16 
(b) No person or entity shall restrict or deny the interconnection or interoperability of a 
17 
device, an equipment, or a network that is capable of such interconnection or interoperability to 
18 
the Internet, to other public networks, or to other Internet service providers, telecommunications 
19 
entities, or other such persons providing Internet or data services, without due process of law or 
20 
authority vested by law.' Provided, Customer premises equipment as redefined by tb'is Act, shall 
21 
not be covered by the requirements under this Section. Provided, further, The interoperability of 
22 
a device, an equipment, or a network within a private network may be restricted by the duly 
23 
authorized system and/or network administrators of the private network, subject to the provisions 
24 
of the Data Privacy Act of 20 12 (RA 10173) and other relevant laws. 
25 
SECTION 12. Promotion of Network Neutrality. - No person or entity shall restrict the 
26 
flow of data or information on the Internet on the basis of content, nor shall any person institute 
27 
and employ means or methods to favor the flow of information on the Internet of one class of 
19 


1 
data or information over another on the basis of content, except: 
2 
(a) if the data or information whose flow is being favored is used to solely to manage the 
3 
security or service quality of a network, or of an Internet or data service, and; 
4 
(b) the data or information whose flow is being favored cannot be used for any other 
5 
purpose other than the management of security or service quality of the network. 
6 
SECTION 13. Transparency in Governance and Freedom of Information. - (a) The State 
7 
recognizes that the Internet and ICT can facilitate the dissemination of information and the 
8 
promotion of transparency in governance. Therefore, subject to the provisions of the Data 
i 
9 
Privacy Act of 2012 (RAI0173) and applicable laws on government information classification, 
10 
the State shall, within practicable and economically reasonable limits, provide for and maintain a 
11 
system that shall allow the public to view and download public information on plans, policies, 
12 
programs, documents, and records of government. 
13 
(b) The State shall publish and make available for download, in readily processed 
14 
formats, such as plain text documents, comma-separated values spreadsheets, or open standard 
15 
multimedia data, and its authenticity readily verifiable through a checksum standard as 
16 
determined by the Internet Engineering Task Force or a similar globally recognized standards 
17 
organization, the following government public information, in the interest of transparency and 
18 
good governance: 
19 
(i) Audited financial statements, and budget and expenditure records; 
20 
(ii) Statements of assets, liabilities, and net worth, as prescribed by the Code of 
21 
Conduct and Ethical Standards of Public Officials and Employees (RA 6713); 
22 
(iii) Performance review results, as prescribed by the Anti-Red Tape Act of 2007 
23 
(RA 9485) and other relevant laws; 
24 
(iv) Laws, rules, regulations, memorandum circulars and orders, letters of 
25 
instruction, office orders, and other executive issuances required to be published in the 
26 
Official Gazette or submitted to the Office of the National Administrative Registrar, or 
27 
which are essential to the performance of duties of public officials and employees; and, 
28 
(v) Other such information of the State that does not fall within any valid claim of 
20 


1 
executive privilege. 
2 
(c) The State shall ensure that any format used for the files available for download are in 
3 
common use, platform independent, machine readable, or is based on an underlying open 
4 
standard, developed by an open community, affirmed and maintained by a standards body and 
5 
such open standard must be fully documented and publicly available. Such files must be: 
6 
(i) In easily processed formats, such as plain text documents, comma-separated 
7 
values spreadsheets, and open multimedia formats; 
8 
(ii) Without restrictions that would impede the re-use of that information; 
9 
Provided, that the State shall not be precluded from charging reasonable fees to cover the 
10 
cost of organizing, maintaining, and publishing such information; Provided further, that 
11 
the State shall not be precluded from publishing the information in supplemental file 
12 
formats as the public may so request; and, 
13 
(ii) Have their authenticity verifiable through a checksum standard determined by 
14 
the Internet Engineering Task Force or similar globally reputable organization. 
15 
The Bureau of Product Standards of the Department of Trade and Industry shall be 
16 
responsible for setting the standards for the file formats to be used by the State in the publication 
17 
of government public information, in accordance with the provisions of this Act. 
, 
18 
(d) The State shall maintain websites or applications with mechanisms to allow for the 
I 
19 
public to provide feedback, lodge complaints, or report instances of malfeasance or misfeasance. 
20 
Such mechanisms shall not disallow anonymous feedback, complaints, or reports, and the State 
21 
shall take appropriate steps to protect persons making feedback, complaints, or reports from 
22 
retaliation or persecution. 
23 
Part 4. The Department of Information and Communications Technology 
24 
SECTION 14. Department of In/ormation and Communications Technology. - (a) There 
25 
is hereby created the Department ofInformation and Communications Technology, or DICT. 
26 
(b) The DICT shall be the primary policy, planning, coordinating, implementing, 
27 
regUlating and administrative entity of the executive branch of the govermnent that will plan, 
21 


1 
promote and help develop the country's ICT sector and ensure reliable and cost-efficient 
2 
communications facilities, other multimedia infrastructure and services. The DICT shall likewise 
3 
be responsible for overseeing the government's integrated and strategic ICT systems and 
4 
improving the acquisition, utilization and optimization of government's ICT in order to improve 
5 
the productivity, efficiency, effectiveness and responsiveness of national and local government 
6 
programs. The DICT shall furthermore be responsible for ensuring the application of ICT to the 
7 
various processes and fUl1ctions of the government. 
8 
9 
SECTION 15. Strategic Objectives of the DIeT. - In fulfilling its mandate, the DICT 
10 
shall be guided by the following strategic objectives: 
11 
(a) Ensure the provision of a strategic, reliable, cost-efficient and citizen-centric ICT 
12 
infrastructure, systems and resources as instruments of nation-building and global 
13 
competitiveness; 
14 
(b) Foster a policy environment that will promote a broader market-led ICT and ICT-
15 
enabled services sector, a level playing field, partnership between the public and the private 
16 
sectors, strategic alliance with foreign investors and balanced investments between high-growth 
17 
and economically depressed areas; 
18 
(c) Foster and accelerate the convergence ofICT facilities; 
19 
(d) Ensure universal access and high-speed connectivity at fair and reasonable costs; 
20 
(e) Ensure the availability and accessibility ofIeT services in areas not adequately served 
21 
by the private sector; 
22 
(f) Promote and encourage the widespread use, creative development and access to ICT 
23 
with priority consideration on the requirements for growth of the Philippine ICT industry; 
24 
(g) Promote and assist the development of local and national content application and 
25 
services in the area of ICT by sourcing or providing funds and construction assistance for ICT-
26 
hubs and/or technical support to local-based providers in these endeavors and in the marketing of 
27 
the local products to the global community; 
28 
(h) Establish a strong and effective regulatory and monitoring system that will ensure 
29 
investor and consumer protection and welfare, and foster a healthy competitive environment; 
22 


1 
(i) Promote the development of ICT expertise in the country's human capital to enable 
2 
Filipinos to compete in a fast-evolving information and communication age; 
3 
G) Ensure the growth ofICT and ICT -enabled industries; 
4 
(k) Protect the rights of individuals to privacy and confidentiality of their personal 
5 
information; 
6 
(I) Encourage the use of ICT in support of efforts or endeavors for the development and 
7 
promotion of the country's agriculture, arts and culture, history, education, public health and 
8 
safety, and other socio-civic purposes; 
9 
(m) Ensure the security of ICT infrastructure and assets of individuals and businesses; 
10 
and 
11 
(n) Empower, through the use of ICT, the disadvantaged segments of the population, 
12 
including persons with disabilities (PWDs) or who are differently-abled. 
13 
SECTION 16. Powers and Functions of the DIeT. - To carry out its mandate, the DICT 
14 
shall exercise the following powers and functions: 
15 
(a) Formulate, recommend andlor implement national policies and guidelines in the ICT 
16 
sector that will promote wider use and development of ICT, and its applications, such as e-
17 
commerce, in coordination with the Department of Trade and Industry (DTI), among others; 
18 
(b) Initiate, harmonize andlor coordinate all rCT plans and initiatives of government 
19 
agencies to ensure overall consistency and harmony with e-governance objectives, in particular, 
20 
and national objectives, in general; 
21 
(c) Represent and negotiate for Philippine interests on matters pertaining to rCT m 
22 
international bodies; 
23 
(d) Develop and maintain national ICT development plans and establish and administer 
24 
comprehensive and integrated programs for ICT with due consideration to advances in 
25 
convergence and other emerging technologies; and for this purpose, invite any agency, 
26 
corporation or organization, whether public or private, whose development programs in ICT are 
27 
integral parts thereof, to participate and assist in the preparation and implementation of various 
28 
ICT programs for the benefit of the Filipino people; 
23 


1 
(e) Leverage resources and activities in the various National Go\'ernment Agencies 
2 
(NGAs) for database building activity, information and resource sharing and agency networking 
3 
linkages; 
4 
(f) Design, implement and ensure the protection of an integrated government infOlmation 
5 
and communications infrastructure development progranl that will coordinate all relevant 
6 
government entities, taking into consideration the inventory of existing and projected manpower, 
7 
plans, programs, proposals, software and hardware, and the installed systems and programs; 
8 
(g) Provide an integrated fi'amework in order to optimize all government ICT resources 
9 
and networks and the identification and prioritization of all e-governance systems and 
10 
applications as provided for in the Government Information Systems Plan and/or the Medium-
11 
Term Development Plan (MTDP); 
12 
(h) Coordinate and support the generation and/or acquisition of all necessary resources 
13 
and facilities as may be appropriate in and for the development, marketing, growth and 
14 
competitiveness of the Philippine ICT and ICT-enabled services sector; 
15 
(i) Develop, implement and improve, in coordination with concerned government 
16 
agencies and industry associations, the government's leT application capabilities and determine 
17 
the personnel qualification and other standards essential to the integrated and effective 
18 
development and operation of government infol1nation and communications infrastructure; 
19 
G) Encourage and establish guidelines for private sector funding of reT projects for 
20 
government agencies in order to fast-track said projects which provide reasonable cost-recovery 
21 
mechanisms for the private sector including, but not limited to, build-operate-transfer (BOT) and 
22 
Public-Private Partnership (PPP) mechanisms; 
23 
(k) Assess, review and provide direction to leT research and development programs of 
24 
the government in coordination with the Department of Science and Technology (DOST) and 
, 
25 
other institutions concerned; 
26 
(I) Establish and prescribe rules and regulations for the establishment, operation and 
27 
maintenance of reT facilities in areas not adequately served by the private sector, in consultation 
28 
with the private business sector, local government units (LGUs) and the academe; 
29 
(m) Administer and enforce all laws, standards, rules and regulations governing reT; 
24 


1 
(n) Ensure the protection ofICT -related intellectual property rights in coordination with 
2 
the Intellectual Property Office (IPO), the Optical Media Board (OMB) and other concerned 
3 
agencies; 
4 
(0) Protect the rights of consumer and business users to privacy, security and 
5 
confidentiality in coordination with concerned agencies; 
6 
(p) Harmonize, synchronize and coordinate with appropriate agencies all ICT and e-
7 
commerce policies, plans and programs; 
8 
(q) Coordinate with the DTI in the promotion of trade and investment opportunities in 
9 
ICT and ICT-enabled services; 
10 
(r) Promote strategic partnership and alliances among and between local and international 
11 
ICT firms and institutions, research and development, educational and training institutions, and 
12 
technology providers, developers, and manufacturers to speed up industry growth and enhance 
. 
I 
13 
global competitiveness, in coordination with concerned agencies; 
14 
(s) Plan andlor implement such activities as may be appropriate andlor necessary to 
15 
enhance the competitiveness of Philippine workers, firms and small-to-medium enterprises in the 
16 
global ICT market and ICT-enabled services market in coordination with concerned agencies; 
17 
(t) Undertake initiatives to promote lCT and ICT -enabled services in education and 
18 
training and the development, promotion and application ofICT in education in a manner that is 
19 
consistent with national goals and objectives, and responsive to the human resources needs of the 
20 
ICT and ICT-enabled services sector in particular in coordination with concerned agencies; 
21 
(u) Maximize the use of existing government assets and infrastructure by encouraging 
22 
private sector investments and partnerships in its operation to achieve total digital inclusion and 
23 
access to the global infOimation highway; and 
24 
(v) Formulate guidelines and policies defining the manner of cooperation among Internet 
25 
service providers, telecommunications. companies, and law enforcement agencies during official 
26 
investigations on violations of existing laws relating to ICT. 
27 
SECTION 17. Composition of the DICT. - (a) The DICT shall be headed by a Secretary 
28 
to be appointed by the President, subject to confirmation by the Commission on Appointments. 
25 


1 
The President shall also appoint not more than four (4) Undersecretaries and four (4) Assistant 
. 
I 
2 
Secretaries. 
3 
(b) Any person appointed as a Secretary, Undersecretary, or Assistant Secretary of the 
4 
Department must be a citizen and resident of the Philippines, of good moral character, of proven 
5 
integrity and with at least seven (7) years of proven competence and expertise in either of the 
6 
following: information and communications technology, information technology service 
7 
management, information security management, cybersecurity, data privacy, e-commerce, or 
8 
human capital development. 
9 
(c) At least one (1) of the Undersecretaries and one (1) of the Assistant Secretaries shall 
10 
be a Professional Electronics Engineer as provided for by RA 9292, as amended. At least one (1) 
11 
of the Undersecretaries and one (1) of the Assistant Secretaries shall be a member of the 
12 
Philippine Bar. The Assistant Secretaries referred to herein shall be career officers with 
13 
appropriate eligibilities as prescribed by the Civil Service Commission. 
14 
SECTION 18. Secretary of JeT. - The authority and responsibility for the exercise of the 
15 
mandate of the DICT and for the discharge of its powers and functions shall be vested in the 
16 
Secretary of lCT, hereinafter referred to as the SlCT, who shall have supervision and control 
17 
over the DICT. For such purposes, the SICT shall: 
18 
(a) Provide executive direction and supervision over the entire operations of the DICT 
19 
and its attached agencies; 
! 
20 
(b) Establish policies and standards for the effective, efficient and economical operation 
21 
of the DICT, in accordance with the programs ofthe government; 
22 
(c) Rationalize delivery systems necessary for the effective attainment of the objectives 
23 
of the DICT, including the creation of such offices as may be necessary to ensure the fulfillment 
24 
of the DICT's mandate, subject to the approval of the Department of Budget and Management 
25 
(DBM); 
26 
(d) Review and approve requests for financial and manpower resources of all operating 
27 
offices of the DICT; 
28 
(e) Designate and/or appoint all officers and employees of the DICT, except the 
26 


1 
Undersecretaries, Assistant Secretaries, Regional and Assistant Regional Directors, and 
2 
Commissioners and Deputy Commissioners, in accordance with civil service laws, rules and 
3 
regulations; 
4 
(f) Establish coordinative mechanisms to ensure the successful implementation of 
5 
national ICT policies, initiatives and guidelines in coordination with concerned government 
6 
units, LGUs, public and private interest groups, including nongovernment organizations (NGOs) 
7 
and people's organizations (POs); 
8 
(g) Advise the President on the promulgation of executive and administrative orders and 
9 
regulatory and legislative proposals on matters pertaining to ICT development and promotion; 
i 
10 
(h) Serve as member of the Government Procurement Policy Board as established by 
11 
Republic Act No. 9184, otherwise known as the "Government Procurement Reform Act"; 
12 
(i) Formulate such rules and regulations and exercise such other powers as may be 
13 
necessary to implement the objectives and purposes of this Act; and 
14 
(j) Perform such other tasks as may be provided by law or assigned by the President from 
15 
time to time. 
16 
SECTION 19. Regional Offices. - Subject to the concurrence of the Department of 
17 
Budget and Management and the approval of the President, the DICT may be authorized to 
18 
establish, operate and maintain a regional office in each of the administrative regions of the 
19 
country, as the need arises. The regional office shall be headed by a Regional Director, who may 
20 
be assisted by one (I) Assistant Regional Director. The regional offices shall have, within their 
21 
respective administrative regions, the following functions: 
22 
(a) Implement laws, policies, plans, programs, projects, rules and regulations of the 
23 
Department; 
24 
(b) Provide efficient and effective service to the people; 
25 
( c) Coordinate with regional offices of other departments, offices and agencies; 
26 
(d) Coordinate with LGUs; and 
27 
(e) Perform such other functions as may be provided by law or assigned by the SICT. 
27 


1 
SECTION 20. Periodic Performance Review. - The SICT is hereby required to formulate 
2 
and enforce a system of measuring and evaluating periodically and objectively the performance 
3 
of the DICT and to submit the same annually to the President and to appropriate congressional 
4 
committees. 
5 
SECTION 21. Council of Chief Information Officers. - Every department and agency of 
6 
the national government or its equivalent office in any constitutional body, state college or 
7 
university and government-owned and -controlled corporation is hereby directed to appoint or 
8 
designate at least a third (3rd) ranking official as a Chief Information Officer. 
9 
The Council of Chief Information Officers shall be composed of eleven (11) members 
10 
with fixed terms of office, to be appointed by the SICT from sectoral representatives of 
11 
government departments, constitutional bodies, the academe, LGUs, professional ICT -oriented 
12 
organizations, and private sector ICT-oriented NGOs. The SICT shall be the Chairperson of the 
13 
Council. 
14 
The Council shall serve as a coordinating body to assist the SICT in the establishment of 
15 
policies, standards, rules and guidelines for ICT initiatives. The Secretary shall convene the 
16 
Council en bane or by sector at least once every semester within a calendar year. 
I 
17 
SECTION 
22. 
National 
Telecommunication 
Commission. 
The 
National 
18 
Telecommunications Commission or its successor agency shall be attached to the DICT. It shall 
19 
be responsible for the development, implementation, and enforcement of regulations, standards, 
20 
instructions, and orders governing ICT infrastructure. The NTC shall be responsible for dispute 
21 
resolution, and administrative and quasi-judicial proceedings, in the event of civil violations of 
22 
this Act. 
23 
SECTION 23. National Data Privacy Commission. -
The National Data Privacy 
24 
Commission, as provided for by the Data Privacy Act of 2012 (RA 10173), as amended, shall be 
25 
attached to the DICT. It shall be responsible for the development, implementation, and 
26 
enforcement of regulations, standards, instructions, and orders governing data privacy and 
28 


1 
security. The NDPC shall be responsible for dispute resolution, and administrative and quasi-
2 
judicial proceedings, in the event of civil violations of this Act. 
3 
SECTION 24. ICT Legal Affairs Office. - The DICT shall establish an ICT Legal Affairs 
4 
Office, independent of the NTC and the NDPC, and independent of its other offices. The ICT 
5 
Legal Affairs office shall be responsible for providing technical assistance to state prosecutors in 
6 
the event of violations of this Act, and shall be responsible [or the filing of cases against persons 
7 
performing violations of this Act. 
8 
SECTION 25. Telecommunications Office. - The Telecommunications Office or its 
9 
successor agency shall be attached to the DICT. It shall be responsible for development of 
10 
national ICT infrastructure primarily in and up to unserved and underserved areas, and the 
11 
promotion of the use of ICT infrastructure in unserved and underserved areas. The President 
12 
may, at his discretion, dissolve the Telecommunications Office for reasons ofunderperformance 
13 
or nonperformance. 
14 
SECTION 26. National Information and Communications Technology Institute. - The 
15 
National Computer Center and the National Telecommunications Training Institute shall be 
16 
combined into the National Information and Communications Teclmology Institute (NICTI). The 
17 
NICTI shall be attached to the DICT, and shall be primarily responsible for the development, 
18 
discretion, and control of information and communications technology as a national resource, 
19 
such as the acquisition and utilization of computers and related devices, data communications, 
20 
information systems, software development, and manpower development. It shall be tasked to 
21 
coordinate all activities related to information technology development in the country, and shall 
22 
be primarily responsible for the training of government personnel in information and 
23 
communications technology. The NICTI shall also be tasked to ensure the implementation of an 
24 
integrated national information and communications technology program. 
25 
The President may, at his discretion, dissolve the National Information and 
26 
Communications Technology Institute for reasons ofunderperformance or nonperformance. 
29 


1 
SECTION 27. Freedom of Information and the Official Gazette. - The DICT and the 
2 
Official Gazette may establish a clearinghouse for government public information, with the 
3 
responsibility of publishing online and periodically updating government public information, to 
4 
promote transparency and citizen engagement through the use of information and 
5 
communications technology. 
6 
SECTION 28. Compliance with Republic Act No. 6656. - The laws and rules on 
7 
government reorganization as provided for in Republic Act No. 6656, otherwise known as the 
8 
Reorganization Law, shall govern the reorganization processes of the DICT. 
9 
SECTION 29. Sectoral and Industry Task Forces. - The DICT may create sectoral and 
10 
industry task forces, technical working groups, advisory bodies or committees for the furtherance 
11 
of its objectives. Additional private sector representatives, such as from the academe, the 
12 
federation of private industries directly involved in ICT, professional ICT -oriented organizations, 
13 
as well as other NGAs" LGUs and government-owned and -controlled corporations (GOCCs), 
14 
may be appointed to these working groups. Government IT professionals may also be tapped to 
15 
partake in the work of the Department through these working groups. 
16 
SECTION 30. Structure and Staffing Pattern, -
The DICT shall determine its 
17 
organizational structure and create new divisions or units as it may deem necessary, subject to 
18 
the approval of the DBM, and shall appoint officers and employees of the Department in 
19 
accordance with the Civil Service Law, rules and regulations. 
20 
SECTION 31. Magna Carta for Scientists, Engineers, Researchers and other S & T 
21 
Personnel in the Government. - Employees of the DICT shall be covered by the Magna Carta for 
22 
Scientists, Engineers, Researchers and other Science & Teclmology Personnel in the 
23 
Government (RA 8439). 
24 
SECTION 32. Separationfrom Service. - (a) Employees separated from the service as a 
30 


1 
result of the reorganization shall, within ninety (90) days tht:refrom, receive the retirement 
2 
benefits to which they may be entitled under existing laws, rules and regulations. 
3 
(b) Incumbents whose positions are not included in the new position structure and 
4 
staffing pattern of the DICT or who are not reappointed shall be deemed separated from the 
5 
service, whether pernlanent, temporary, contractual or casual employees, and shall, within ninety 
6 
(90) days therefrom, receive the retirement benefits to which they may be entitled to under 
7 
existing laws, rules and regulations. 
8 
Part 5. Regulations for the Promotion of Internet Rights and Freedoms 
9 
SECTION 33. Declaration of Compliance with Treaty Obligations and International 
10 
Conventions. - (a) The standards for networks and the Internet, as set by the International 
11 
Telecommunications Union (ITU), the Internet Engineering Task Force (IETF), the World Wide 
12 
Web Consortium (WWWC), and the Internet Corporation for Assigned Numbers and Names 
13 
(ICANN), and their successors-in-interest are hereby adopted. No agency or instrumentality of 
14 
the State shall issue rules and regulations contrary to these. 
15 
(b) The State recognizes that the rights and obligations in the use of networks and the 
16 
Internet that shall be guaranteed and imposed by this Act are subject to its treaty obligations and 
17 
obligations under instruments of international law. 
18 
(c) The State reaffirms its compliance to the treaties and international conventions to 
19 
which it is a signatory, to wit, the International Covenant on Civil and Political Rights (ICCPR), 
20 
the International Covenant on Economic, Social, and Cultural Rights (ICESCR), the Convention 
21 
on the Rights of the Child (CRC), the Convention on the Elimination of All Forms of Racial 
i 
22 
Discrimination (ICERD), the Convention on the Elimination of All Forms of Discrimination 
23 
Against Women (CEDA W), the Convention on the Rights of Persons with Disabilities (CRPD), 
24 
the United Nations Convention against Transnational Organized Crime, the United Nations 
25 
Convention against Corruption, the Geneva Convention, the United Nations Convention on 
26 
Certain Conventional Weapons, the Rome Statute of the International Criminal Court, the 
27 
Convention on Cybercrime (Budapest Convention), and the General Agreement on Tariffs and 
31 


1 
Trade (GATT), among others. No agency or instrumentality of the State shall issue rules and 
2 
regulations governing the use of networks and the Internet contrary to these. 
3 
(d) The State shall keep abreast with and be guided by developments of the Internet and 
4 
of infonnation and communications technology under international law and shall continually 
5 
design and implement policies, laws, and other measures to promote the objectives of this Act. 
6 
SECTION 34. The State as the Primary Duty-Bearer. - The State, as the primary duty-
7 
bearer, shall uphold constitutional rights, privileges, guarantees, and obligations in the 
8 
development and implementation of policies related to the Internet and infonnation and 
9 
communication technology. The State shall fulfill this duty through law, policy, regulatory 
10 
instruments, administrative guidelines, and other appropriate measures, including temporary 
11 
special measures. 
12 
SECTION 35. Duties of the State Agencies and Instrumentalities. - (a) Internet and 
13 
Information and Communications Technology Policy. - Subject to provisions of this Act, the 
14 
Department of Information and Communications Technology shall be the lead agency for 
15 
oversight over the development and implementation of plans, policies, programs, measures, and 
16 
mechanisms in the use of the Internet and information and communications technology in the 
17 
Philippines. 
18 
(b) Cybercrime Law Enforcement. - Subject to provisions of this Act, the Department of 
19 
Justice, The Department of Interior and Local Government, the Department of Social Welfare 
20 
and Development, the Department of Information and Communications Technology, the 
21 
National Bureau of Investigation, and the Philippine National Police shall be jointly responsible 
22 
over the development and implementation of plans, policies, programs, measures, and 
23 
mechanisms for cybercrime law enforcement in the Philippines. 
24 
(c) Cyberdefense and National Cybersecurity. -- Subject to provisions of this Act, the 
25 
Department of National Defense shall be the lead agency for oversight over the development and 
26 
implementation of plans, policies, programs, measures, mechanisms, and weapons for national 
27 
cyberdefense and cybersecurity. 
32 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
(d) Information and Communications Technology Infrastructure Development. -
(i) Subject to provisions of this Act, the Department of Information and 
Communications Technology shall have responsibility to develop and implement plans, 
policies, programs, measures, and mechanisms for the development of information and 
communications technology infrastructure in the Philippines and the promotion of 
investment opportunities to this end. 
(ii) ICT infrastructure and facilities, including the civil works components thereof, 
fall within private sector infrastructure or development projects as defined under 
Republic Act No. 6957, as amended by Republic Act No. 7718, and may, upon the 
discretion of the National Government or local government units, be the subject of the 
contractual arrangements authorized under the said law. PrOVided, that the DIeT shall be 
the implementing agency of such projects to be implemented by the national government; 
PrOVided, further, that the DICT shall have the right to require its prior concurrence to 
such projects implemented by local government units, through duly promulgated 
regulations that specify, among others, the requisite threshold contract prices that would 
require prior concurrence of the DICT. 
(iii) The procurement by the national government or by local governments of 
ICT-related goods and services which will not be implemented under Republic Act No. 
6957, as amended by Republic Act No. 7718, shall be governed by Republic Act No. 
9184. 
(iv) The development and operation of information and 
! 
communications 
I 
technology infrastructure and facilities is hereby declared as a preferred area of 
investment and shall be included in the annual Investment Priority Plan issued in 
accordance with the Omnibus Investments Code. Subject to the contrary factual 
determination of the Board of Investments, an entity involved in the development and 
operation of information and communications technology infrastructure and facilities is 
presumed to be entitled to register as a registered enterprise under the Investment 
Priorities Plan; Provided, that an enterprise that proposes to operate a public utility or 
public service shall be subject to the equity requirements imposed by the Constitution and 
33 


I 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
by applicable laws; Provided, further, that any such entity which intends to operate in a 
special economic zone or in a tourism economic zone as defined by applicable law shall 
be entitled to receive the additional investment incentives granted to such zone-registered 
enterprises in accordance with the applicable law; Provided, finally, that nothing in this 
Section shall be construed to limit the available incentives to which an entity may be 
entitled to under Republic Act No. 6957, as amended. 
(v) The implementing rules of the registration of the entity involved in the 
development or operation information and communications teclmology as well as the 
incentives provided herein shall be developed by the Board of Investments together with 
the DICT and the Department of Finance. 
(vi) Subject to joint oversight by the DICT, the DOF, the Department of Budget 
and Management, and the Commission on Audit, the NEDA may establish a venture 
capital corporation to encourage research and development of information and 
communications technology in the Philippines. 
(e) Human Resources, Skills and Technology Development for Information and 
Communications Technology. _. Subject to provisions of this Act, the Department ofInformation 
and Communications Technology, the Department of Science and Technology, and the 
Technical Education and Skills Development Authority shall have the joint responsibility to 
develop and implement plans, policies, programs, measures, and mechanisms for the 
development of human resources, skills development, and technology development for 
information and communications technology infrastructure in the Philippines. 
(0 Information and Communications Technology Education. - Subject to provisions of 
this Act, the Department of Information and Communications Technology, the Department of 
Education, and the Commission on Higher Education shall have the joint responsibility to 
develop and implement plans, policies, programs, measures, and mechanisms for information 
and communications technology education in the Philippines. 
(g) Intellectual Property Rights Protection in Cyberspace. - Subject to provisions of this 
Act and other relevant laws, the Intellectual Property Office shall, within Philippine jurisdiction, 
29 
be primarily responsible for the protection of intellectual property rights in cyb'el'space. As 
34 


1 
official registrar and repository of copies of published works, the National Library and the 
2 
National Archives shall assist the Intellectual Property Office in the protection of copyright. 
3 
SECTION 36. Amendments to the Public Telecommunications Policy Act of the 
4 
Philippines. - (a) Jurisdiction over the provision and regulation of Internet and information and 
5 
communications technology services shall be vested with the National Telecommunications 
6 
Commission, in accordance with the succeeding provisions. 
7 
(b) The Public Telecommunications Policy Act of the Philippines (RA 7925) Article III, 
8 
Section 5 is hereby amended to read: 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
"Section 
5. 
Responsibilities of the National Telecommunications 
Commission. - The National Telecommunications Commission (Commission) 
shall be the principal administrator of this Act and as such shall take the necessary 
measures to implement the policies and objectives set forth in this Act. 
Accordingly, in addition to its existing functions, the Commission shall be 
responsible for the following: 
a) Adopt an administrative process which would facilitate the entry of 
qualified service providers and adopt a pricing policy which would generate 
! 
sufficient returns to encourage them to provide basic telecommunicatIons, 
NETWORI<:, AND INTERNET services in unserved and underserved areas; 
b) Ensure quality, safety, reliability, security, compatibility and inter-
operability of telecommunications, NETWORK, AND INTERNET services in 
conformity with standards and specifications set by· international radio, 
telecommunications, NETWORK, AND INTERNET organizations to which the 
Philippines is a signatory; 
c) Mandate a fair and reasonable interconnection of 
facilities of 
authorized public network operators and other providers of telecommunications, 
NETWORK, AND INTERNET services through appropriate modalities of 
interconnection and at a reasonable and fair level of charges, which make 
provision for the cross subsidy to unprofitable local exchange service areas so as 
35 


1 
to promote telephone [density], MOBILE PHONE, NETWORK, AND 
2 
BROADBAND DENSITY and provide the most extensive access to basic 
3 
telecommunications, NETWORK, AND INTERNET services available at 
4 
affordable rates to the public; 
xxx 
xxx 
xxx 
5 
6 
e) 
Promote 
consumers' 
welfare 
by 
facilitating 
access 
to 
7 
telecommunications, NETWORK, AND INTERNET SERVICES whose 
8 
infrastructure and network must be geared towards the needs of individual and 
9 
business 
users, 
AND 
BY 
DEVELOPING 
AND 
IMPLEMENTING 
.1 0 
STANDARDS, PLANS, POLICIES, PROGRAMS, MEASURES, AND 
11 
MECHANISMS, INCLUDING ARBITRATION, QUASI-JUDICIAL, AND 
12 
PROSECUTORIAL MECHANISMS, TO PROTECT THE WELFARE OF 
13 
CONSUMERS AND USERS OF TELECOMMUNICATIONS, NETWORK, 
14 
AND INTERNET SERVICES; xxx." 
15 
(b) The Public Telecommunications Policy Act of the Philippines, Article III, Section 6 is 
16 
hereby amended to read: 
17 
"Section 6. Responsibilities or and Limitations to Department Powers. -
18 
The 
Department 
of 
[TranspOltation 
and 
Communications 
(DOTC)] 
19 
INFORMATION AND COMMUNICATIONS TECHNOLOGY (DICT) shall 
20 
not exercise any power which will tend to influence or effect a review or a 
21 
modification of the Commission's quasi-judicial functions. 
22 
In coordination with the Commission, however, the Department shall, in 
23 
accordance with the policies enunciated in this Act, be responsible for~ 
24 
xxx 
xxx 
xxx 
25 
c) the representation and promotion of Philippine interests in international 
26 
bodies, and the r;egotiation of the nation's rights and obligations in international 
27 
[telecommunications] 
INFORMATION 
TECHNOLOGY, 
28 
COMMUNICATIONS, NETWORK, AND INTERNET matters; and 
29 
d) the operation of a national consultative forum to facilitate interaction 
36 


1 
amongst 
the 
[telecommlmications 
industries) 
INFORMATION, 
2 
COMMUNICATIONS, NETWORK, AND INTERNET INDUSTRIES, 
3 
USER GROUPS, academic and research institutions in the airing and resolution 
4 
of 
important 
Issues 
III 
the 
field 
of 
[communications) 
5 
TELECOMMUNICATIONS AND THE INTERNET. xxx" 
6 
(c) The Public Telecommunications Policy Act of the Philippines Article, IV is hereby 
7 
amended to include the following provisions: 
8 
"SECTION lOA. LOCAL INTERNET SERVICE PROVIDER. -
A 
9 
LOCAL INTERNET SERVICE PROVIDER SHALL: 
10 
(A) PROVIDE UNIVERSAL INTERNET CONNECTION SERVICE 
11 
TO ALL SUBSCRIBERS WHO APPLIED FOR SUCH SERVICE, WITHIN 
12 
A REASONABLE PERIOD AND AT SUCH STANDARDS AS MAY BE 
13 
PRESCRIBED BY THE COMMISSION AND AT SUCH TARIFF AS TO 
14 
SUFFICIENTLY GIVE IT A FAIR RETURN ON ITS INVESTMENTS. 
15 
(B) BE l.>ROTECTED FROM UNCOMPENSATED BYPASS I OR 
16 
OVERLAPPING OPERATIONS OF OTHER TELECOMMUNICATIONS 
17 
ENTITIES IN NEED OF PHYSICAL LINKS OR CONNECTIONS TO ITS 
18 
CUSTOMERS IN THE AREA EXCEPT WHEN IT IS UNABLE TO 
19 
PROVIDE, WITHIN A REASONABLE PERIOD OF TIME AND AT 
20 
DESIRED STANDARD, THE INTERCONNECTION ARRANGEMENTS 
21 
REQUIRED BY SUCH ENTITIES. 
22 
(C) HAVE THE FIRST OPTION TO PROVIDE PUBLIC OR 
23 
PRIVATE NETWORK ACCESS OR INTERNET ACCESS NODES OR 
24 
ZONES IN THE AREA COVERED BY ITS NETWORK. 
25 
(D) BE ENTITLED TO A FAIR AND EQUITABLE REVENUE 
26 
SHARING ARRANGEMENT WITH THE INTERNET EXCHANGE, 
27 
INTERNET DATA CENTER, INTERNET GATEWAY FACILITY, OR 
28 
SUCH OTHER CARRIERS CONNECTED TO ITS BASIC NETWORK. 
29 
PROVIDED THAT THE SERVICE IT PROVIDES IS SOLELY 
37 


1 
DEPENDENT ON EXISTING NETWORKS BEING OPERATED AND 
2 
MAINTAINED BY AT LEAST ONE OTHER TELECOMMUNICATIONS 
3 
ENTITY, A LOCAL INTERNET SERVICE PROVIDER NEED NOT 
4 
SECURE A FRANCHISE. 
5 
A CABLE TV FRANCHISE MAY PROVIDE LOCAL INTERNET 
6 
CONNECTION, NETWORK, OR DATA TRANSMISSION SERVICES 
7 
WITHOUT A SEPARATE FRANCHISE; PROVIDED, THAT THE 
8 
OPERATION OF INTERNET CONNECTION, NETWORK, OR DATA 
9 
TRANSMISSION SERVICE BY THE CABLE TV FRANCHISE SHALL 
10 
BE GOVERNED BY THIS ACT AND OTHER RELEVANT LAWS. 
11 
THE PROVISION OF INTERNET CONNECTION, NETWORK, 
12 
OR DATA TRANSMISSION SERVICES SHALL BE ALSO BE 
13 
GOVERNED BY THE PUBLIC SERVICE ACT, AS AMENDED, AND 
14 
OTHER RELEV ANT LAWS GOVERNING UTILITIES. 
15 
SECTION lOB. INTERNET EXCHANGE. -
THE NUMBER OF 
16 
ENTITIES 
ALLOWED 
TO 
PROVIDE 
INTERNET 
EXCHANGE 
17 
SERVICES SHALL NOT BE LIMITED, AND AS A MATTER OF 
18 
POLICY, WHERE IT IS ECONOMICALLY VIABLE, AT LEAST TWO 
19 
(2) INTERNET EXCHANGES SHALL BE AUTHORIZED: PROVIDED, 
20 
HOWEVER, THAT A LOCAL INTERNET SERVICE PROVIDER SHALL 
21 
NOT BE RESTRICTED FROM OPERATING ITS OWN INTERNET 
22 
EXCHANGE SERVICE IF ITS VIABILITY IS DEPENDENT THERETO. 
23 
SUCH INTERNET EXCHANGE SHALL HAVE THE FOLLOWING 
24 
OBLIGATIONS: 
25 
(A) IT SHALL INTERCONNECT WITH ALL OTHER INTERNET 
26 
EXCHANGES IN THE SAME CATEGORY AND WITH ALL LOCAL 
27 
INTERNET 
SERVICE 
PROVIDERS 
AND 
OTHER 
28 
TELECOMMUNICATIONS ENTITIES, UPON APPLICATION AND 
29 
WITHIN A REASONABLE TIME PERIOD, AND UNDER FAIR AND 
38 


1 
REASONABLE LEVEL CHARGES, IN ORDER THAT INTERNET AND 
2 
NETWORK SERVICES ARE MADE POSSIBLE; AND 
3 
(B) IT SHALL HAVE THE RIGHT TO ESTABLISH AND 
4 
OPERATE ITS OWN NETWORK FACILITIES THROUGH WHICH 
5 
INTERNATIONAL NETWORKS OR INTERNATIONAL GATEWAY 
6 
FACILITIES SHALL BE ABLE TO COURSE THEIR MESSAGES OR 
7 
SIGNALS. 
8 
(C) 
IT SHALL COMPLY WITH INTERNATIONAL AND 
9 
GENERIC ENGINEERING REQUIREMENTS AND STANDARDS OF 
10 
OPERATION FOR INTERNET EXCHANGES. 
11 
SECTION IOe. INTERNET DATA CENTER. - THE NUMBER OF 
12 
ENTITIES ALLOWED TO PROVIDE INTERNET DATA CENTER 
13 
SERVICES SHALL NOT BE LIMITED, AND AS A MATTER, OF 
14 
POLICY, WHERE IT IS ECONOMICALLY VIABLE, AT LEAST TWO 
15 
(2) 
INTERNET 
DATA 
CENTERS 
SHALL 
BE 
AUTHORIZED: 
16 
PROVIDED, HOWEVER, THAT A LOCAL INTERNET SERVICE 
17 
PROVIDER OR CONTENT PROVIDER SHALL NOT BE RESTRICTED 
18 
FROM OPERATING ITS OWN INTERNET DATA CENTER IF ITS 
19 
VIABILITY IS DEPENDENT THERETO. SUCH INTERNET DATA 
20 
CENTER SHALL HAVE THE FOLLOWING OBLIGATIONS: 
21 
(A) IT SHALL INTERCONNECT WITH ALL OTHER INTERNET 
22 
DATA CENTERS IN THE SAME CATEGORY AND WITH ALL LOCAL 
23 
INTERNET 
SERVICE 
PROVIDERS 
AND 
OTHER 
24 
TELECOMMUNICATIONS ENTITIES, UPON APPLICATION AND 
25 
WITHIN A REASONABLE TIME PERIOD, AND UNDER FAIR AND 
26 
REASONABLE LEVEL CHARGES, IN ORDER THAT INTERNET AND 
27 
NETWOHK SERVICES ARE MADE POSSIBLE; AND 
28 
(B) IT SHALL HAVE THE RIGHT TO ESTABLISH AND 
29 
OPERATE ITS OWN NETWORK FACILITIES THROUGH WHICH 
39 


.
1 
INTERNATIONAL NETWORKS OR INTERNATIONAL GATEWAY 
2 
FACILITIES SHALL BE ABLE TO COURSE THEIR MESSAGES 'OR 
3 
SIGNALS. 
4 
(C) 
IT SHALL COMPLY WITH INTERNATIONAL AND 
5 
GENERIC ENGINEERING REQUIREMENTS AND STANDARDS OF 
6 
OPERATION FOR NETWORK AND DATA CENTERS. 
7 
SECTION IOD. 
INTERNET GATEWAY FACILITY. -
ONLY 
8 
ENTITIES 
WHICH 
WILL 
PROVIDE 
INTERNET 
EXCHANGE 
9 
SERVICES OR INTERNET DATA CENTER SERVICES, AND CAN 
10 
DEMONSTRABLY 
SHOW 
TECHNICAL 
AND 
FINANCIAL 
11 
CAPABILITY TO INSTALL AND OPERATE AN INTERNATIONAL 
12 
GATEWAY FACILITY, SHALL BE ALLOWED TO OPERATE AS AN 
13 
INTERNET GATEWAY FACILITY. 
14 
THE ENTITY SO ALLOWED SHALL BE REQUIRED TO 
15 
PRODUCE A FIRM CORRESPONDENT OR INTERCONNECTION 
16 
RELATIONSHIPS 
WITH 
MAJOR 
OVERSEAS 
17 
TELECOMMUNICATIONS AUTHORITIES, CARRIERS, OVERSEAS 
18 
INTERNET GATEWAYS, NETWORKS, AND INTERNET SERVICE 
19 
PROVIDERS WITHIN ONE (1) YEAR FROM THE GRANT OF THE 
20 
AUTHORITY. 
21 
THE INTERNET GATEWAY FACILITY SHALL ALSO COMPLY 
, 
22 
WITH ITS OBLIGATIONS TO PROVIDE INTERNET EXCHANGE 
23 
SERVICES IN UNSERVED OR UNDERSERVED AREAS WITHIN 
24 
THREE (3) YEARS FROM THE GRANT OF THE AUTHORITY AS 
25 
REQUIRED BY EXISTING REGULATIONS: PROVIDED, HOWEVER, 
26 
THAT SAID INTERNET GATEWAY FACILITY SHALL BE DEEMED 
27 
TO HAVE COMPLIED WITH THE SAID OBLIGATION IN THE EVENT 
28 
IT ALLOWS 
AN 
AFFILIATE THEREOF TO 
ASSUME 
SUCH 
29 
OBLIGATION AND WHO COMPLIES THEREWITH. 
40 


1 
FAILURE TO COMPLY WITH THE ABOVE OBLIGATIONS 
2 
SHALL BE A CAUSE TO CANCEL ITS AUTHORITY OR PERMIT TO 
3 
OPERATE AS AN INTERNET GATEWAY FACILITY. 
4 
SECTION JOE. CONTENT PROVlDER. - EXCEPT FOR BUSINESS 
5 
PERMITS 
AND 
OTHER 
REGULATORY 
REQUIREMENTS 
AS 
6 
PROVIDED FOR BY THE CONSUMER ACT OF THE PHILIPPINES, AS 
7 
AMENDED, AND OTHER RELEVANT LAWS, AND PROVIDED THAT 
8 
THE TRANSMISSION OF ITS CONTENT IS SOLELY DEPENDENT ON 
9 
EXISTING NETWORKS BEING OPERATED AND MAINTAINED BY AT 
10 
LEAST ONE OTHER TELECOMMUNICATIONS ENTITY, A CONT~NT 
11 
PROVIDER FOR COMMERCIAL OR NON-COMMERCIAL PURPOSES 
12 
NEED NOT SECURE A FRANCHISE, LICENSE, OR PERMIT TO 
13 
Ol'ERA TE IN THE PHILIPPINES. 
14 
SUBJECT TO THE NATURE OF THE CONTENT THAT IS 
15 
PROVIDED BY THE CONTENT PROVIDER FOR COMMERCIAL 
16 
PURPOSES, LAWS SUCH AS P AGCOR CHARTER, AS AMENDED, THE 
17 
MTRCB CHARTER, AS AMENDED, AND OTHER RELEVANT LAWS, 
18 
SHALL BE DEEMED APPLICABLE TO THE CONTENT PROVIDER." 
19 
(d) The Public Telecommunications Policy Act of the Philippines, Article IV, Section 11 
20 
is hereby amended to read: 
21 
"Section 11. Value-added Service Provider. - Provided that [it does not 
22 
put up its own network] THE SERVICE IT PROVIDES IS SOLELY 
23 
DEPENDENT ON EXISTING NETWORKS BEING OPERATED AND 
24 
MAINTAINED BY AT LEAST ONE OTHER TELECOMMUNICATIONS 
25 
ENTITY, a VAS provider need not secure a franchise. A VAS provider shall be 
26 
allowed to competitively offer its services and/or expertise, and lease or rent 
27 
telecommunications equipment and facilities necessary to provide such 
28 
specialized services, in the domestic and/or international market in accordance 
29 
with network compatibility. 
41 


1 
Telecommunications entities may provide V AS, subject to the additional 
2 
requirements that: 
3 
(a) prior approval of the Commission is secured to ensure that such V AS 
4 
offerings are not cross-subsidized from the proceeds of their utility operations; 
5 
(b) other providers of V AS are not discriminated against in rates nor 
6 
denied equitable access to their facilities; and, 
7 
( c) separate books of accounts are maintained for the V AS. 
8 
THE 
I)ROVISION 
OF 
HIGH-SPEED 
OR 
HIGH-VOLUME 
9 
INTERNET CONNECTION OR DATA TRANSMISSION SERVICES AS A 
10 
SERVICE SEPARATE FROM NORMAL INTERNET CONNECTION OR 
11 
DATA TRANSMISSION SERVICES SHALL NOT BE CLASSED AS A 
12 
VALUE-ADDED SERVICE," 
13 
(e) The Public Telecommunications Policy Act of the Philippines, Article V, Section 14 
14 
is hereby amended to read: 
15 
"Section 14. Customer Premises Equipment. -
Telecommunications 
16 
subscribers AND INTERNET AND NETWORK USERS shall be allowed to 
17 
use within their premises terminal equipment, such as telephone, PABX, 
18 
facsimile, SUBSCRIBER IDENTIFICATION 
I 
MODULE (SIM) CARDS, 
I 
19 
data, 
record, 
message 
and 
other 
special 
purpose 
or 
multi-function 
20 
telecommunication terminal equipment intended for such connection: Provided, 
21 
that the equipment is type-approved by the Commission. 
22 
UNLESS 
DESIGNED 
AND 
MANUFACTURED 
AS 
SUCH 
23 
WITHOUT 
NEED 
FOR 
A 
SPECIAL 
REQUEST 
BY 
A 
24 
TELECOMMUNICATIONS 
ENTITY, NO 
CUSTOMER PREMISES 
25 
EQUIPMENT SHALL BE RESTRICTED FROM INTERCONNECTING 
26 
TO A NETWORK OR TO THE INTERNET, OR INTEROPERABILITY 
27 
WITH OTHER CUSTOMER PREMISES EQUIPMENT, NETWORK 
28 
EQUIPMENT, DATA STORAGE EQUIPMENT, OR OTHER DEVICES 
29 
OR EQUIPMENT THAT MAY BE NORMALLY INTERCONNECTED 
42 


1 
WITH OR MAY NORMALLY ENJOY INTEROPERABILITY WITH, AS 
2 
APPLICABLE; PROVIDED, HOWEVER, THAT IN THE COURSE OF 
3 
NORMAL 
OPERATIONS 
SUCH 
INTERCONNECTION 
OR 
4 
INTEROPERABILITY 
SHALL 
NOT 
COMPROMISE 
DATA 
OR 
5 
NETWORK PRIVACY OR SECURITY." 
6 
(f) The Public Telecommunications Policy Act of the Philippines, Article VII, Section 20 
7 
is hereby amended to read: 
8 
"Section 20. Rights of End-Users. - The user of telecommunications, 
9 
INTERNET, NETWORK, OR DATA TRANSMISSION service shall have the 
10 
following basic rights: 
11 
xxx 
xxx 
xxx 
12 
(C) 
RIGHT TO BE GIVEN THE FIRST INTERNET OR 
13 
NETWORK 
CONNECTION 
WITHIN 
TWO 
(2) 
MONTHS 
OF 
14 
APPLICATION FOR SERVICE, AGAINST DEPOSIT; OR WITHIN 
15 
THREE (3) MONTHS AFTER TARGETED COMMENCEMENT OF 
16 
SERVICE IN THE BARAN GAY CONCERNED PER THE ORIGINAL 
17 
SCHEDULE 
OF 
SERVICE 
EXPANSION 
APPROVED 
BY 
THE 
18 
COMMISSION, WHICHEVER DEADLINE COMES LATER; 
19 
(d) Regular, timely and accurate billing, courteous and efficient service at 
20 
utility business offices and by utility company personnel; 
21 
(E) TIMELY CORRECTION OF ERRORS IN BILLING AND THE 
22 
IMMEDIATE PROVISION OF REBATES OR REFUNDS BY THE 
23 
UTILITY WITHOUT NEED FOR DEMAND BY THE USER; AND; 
24 
(f) Thorough and prompt investigation of, and action upon complaints. 
25 
The utility shall endeavor to allow complaints [over the telephone]TO BE 
26 
RECEIVED 
BY 
POST 
AND 
OVER 
MEANS 
USING 
27 
TELECOMMUNICATIONS FACILITIES OR THE INTERNET, WHICH 
28 
SHALL INCLUDE BUT SHALL NOT BE LIMITED TO VOICE CALLS, 
29 
SHORT MESSAGE SERVICE (SMS) 
MESSAGES, MULTIMEDIA 
43 


1 
MESSAGE SERVICE (MMS) MESSAGES, OR EMAIL, and shall keep a 
2 
record of all [written or phoned-in] complaints received and the actions taken to 
3 
address these complaints. 
4 
SUBJECT TO THE FILING OF A FORMAL REQUEST TO THE 
5 
. UTILITY, A USER MAY REQUEST THE IMMEDIATE TERMINATION 
6 
OF SERVICE, WITHOUT THE IMPOSITION OF FEES OR PENALTIES, 
7 
AND WITH THE REFUND OF ANY FEES OR CHARGES ALREADY 
8 
PAID BY THE USER, SHOULD A UTILITY NOT CONSISTENTLY 
9 
COMPLY WITH PRECEDING PARAGRAPHS (A), (D), (E), (F), OR ANY 
10 
OTHER MINIMUM PERFORMANCE STANDARDS SET BY THE 
11 
COMMISSION. 
12 
SUBJECT TO STANDARDS SET BY THE COMMISSION, 
13 
REASONABLE FEES OR PENALTIES MAY BE IMPOSED BY THE 
14 
UTILITY, OR MAY BE DEDUCTED FROM ANY FEES OR CHARGES 
, 
15 
ALREADY PAlD BY THE USER, SHOULD A USER REQUEST THE 
16 
IMMEDIATE TERMINATION OF SERVICE; PROVIDED THAT: 
17 
(1) THE UTILITY IS ABLE TO SHOW THAT THE REQUEST IS 
18 
NOT 
BASED 
ON 
A 
NONCOMPLIANCE 
WITH 
PRECEDING 
19 
PARAGRAPHS (A), (D), (E), (F), OR ANY OTHER MINIMUM 
20 
PERFORMANCE STANDARDS SET BY THE COMMISSION; OR, 
21 
(2) 
THE 
UTILITY HAS 
EVIDENCE 
THAT 
THE 
NON-
22 
COMPLIANCE HAS NOT RECURRED, IS NOT RECURRING, NOR 
23 
WILL RECUR IN THE FUTURE; OR THE UTILITY HAS EVIDENCE 
24 
THAT THE NONCOMPLIANCE WAS DUE TO FACTORS BEYOND ITS 
25 
CONTROL; OR THE UTILITY HAS PROVIDED IMMEDJA TE REFUND 
26 
OR REBATE 
TO 
THE 
USER 
UPON 
DETECTION 
OF 
THE 
27 
NONCOMI)LIANCE; OR THE UTILITY HAS EVIDENCE THAT IT HAS 
28 
EXERTED ITS BEST EFFORTS TO RESOLVE THE NONCOMPLIANCE 
29 
AND RESTORE THE SERVICE TO THE LEVEL AGREED BETWEEN 
44 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
THE UTILITY AND THE USER WITHIN SEVEN (7) DAYS OF THE 
REQUEST FOR IMMEDIATE TERMINATION; AND THE UTILITY 
SHALL COMI)LY WITH IMMEDIATE TERMINATION OF SERVICE, 
WITHOUT THE IMPOSITION OF FEES OR PENAL TIES, AND REFUND 
, 
ANY FEES OR CHARGES ALREADY PAID BY THE USER WITHOUT 
NEED FOR DEMAND SHOULD THE SERVICE NOT BE RESTORED 
WITHIN THE SEVEN (7) DAY PERIOD, WITI-IIN THREE (3) DAYS 
AFTER THE TERMINATION OF SERVICE. 
SUBJECT TO STANDARDS SET BY THE COMMISSION, 
PENALTIES MAY BE IMPOSED ON A UTILITY THAT IS UNABLE TO 
COMPLY WITH PRECEDING PARAGRAPHS (B) AND (C). THE 
COMMISSION MAY IMPOSE ADDITIONAL PENALTIES IF THE 
UTILITY DOES NOT REFUND ANY DEPOSITS, FEES, OR CHARGES 
ALREADY PAID BY THE USER WITHOUT NEED FOR DEMAND 
WITHIN THREE (3) DAYS AFTER THE DEADLINE AGREED UPON 
BETWEEN THE USER AND THE UTILITY." 
SECTION 37. Quality of Service and Network Fair Use. -
(a) No Internet service 
provider, Internet exchange, Internet data center, Internet gate~ay facility, telecommunications 
entity, or person providing Internet connection, network, or data transmission services shall: 
(i) Fail to provide a service, or network services on reasonable, and 
nondiscriminatory terms and conditions such that any person can offer or provide 
content, applicati,ons, or services to or over the network in a manner that is ~t least yqual 
to the manner in which the provider or its affiliates offer content, applications, and 
services free of any surcharge on the basis of the content, application, or service; 
(ii) Refuse to interconnect facilities with other facilities of another provider of 
network services on reasonable, and nondiscriminatory terms or conditions; 
(iii) Block, impair, or discriminate against, or to interfere with the ability of any 
person to use a network service to access, to use, to send, to receive, or to offer lawful 
45 


1 
content, applications, or services over the Internet; 
2 
(iv) Impose an additional charge to avoid any conduct that IS prohibited by 
3 
subscription; 
4 
(v) Prohibit a user from attaching or usmg a device on the Internet service 
5 
provider's network that does not physically damage or materially degrade other users' 
6 
utilization of the network; 
7 
(vi) Fail to clearly and conspicuously disclose to users, in plain language, accurate 
8 
information concerning any terms, conditions, or limitations on the network service; or, 
9 
(vii) Impose a surcharge or other consideration for the prioritization or offer of 
10 
enhanced quality of service to data or protocol of a particular type, and must provide 
11 
equal quality of service to all data or protocol of that type regardless of origin or 
12 
ownership. 
13 
(b) Nothing in this section shall be construed as to prevent an Internet service provider, 
14 
Internet exchange, Internet data center, Internet gateway facility, telecommunications entity, or 
15 
person providing Internet connection, network, or data transmission services from taking 
16 
reasonable and nondiscriminatory measures: 
17 
(i) To manage the function of a network on a system-wide basis, provided that 
18 
such management function does not result in the discrimination between content, 
19 
application, or services offered by the provider or user; 
20 
(ii) To give priority to emergency communications; 
21 
(iii) To prevent a violation of law; or to comply with an order of the court 
22 
enforcing such law; 
23 
(iv) To offer consumer protection services such as parental controls, provided 
24 
users may refuse to enable such services, or opt-out; or, 
25 
(v) To offer special promotional pricing or other marketing initiatives. 
26 
(c) An Internet service provider, Internet exchange, Internet data center, Internet gateway 
27 
facility, telecommunications entity, or person providing Internet connection, network, or data 
28 
transmission services may provide for different levels of availability, uptime, or other service 
29 
quality standards set by the National Telecommunications Commission for services using 
46 


1 
prepaid, postpaid, or other means of payment; Provided, that minimum levels of availability, 
2 
uptime, and other service quality standards set by the Commission shall not be different between 
3 
services using prepaid, postpaid, or other means of payment. 
4 
SECTION 38. Amendments to the Intellectual Property Code o/the Philippines. -
5 
(a) The Intellectual Property Code of the Philippines (Republic Act No. 8293), Part IV, 
6 
Chapter II, Section 172 is hereby amended to read: 
7 
"Section 172. Literary and Artistic Works. - 172.1. Literary and artistic 
8 
works, hereinafter referred to as "works", are original intellectual creations in the 
9 
literary and artistic domain protected from the moment of their creation and shall 
10 
11 
include in particular: 
xxx 
xxx 
xxx 
12 
(n) CODE, SCRIPTS, COMPUTER PROGRAMS, SOFTWARE 
13 
API>LICATIONS, 
AND 
OTHER 
SIMILAR 
WORK, 
WHETHER 
14 
EXECUTABLE IN WHOLE OR AS PART OF ANOTHER CODE, 
15 
SCRIPT, computer programs, SOFTWARE APPLICATION OR OTHER 
16 
SIMILAR WORK; 
17 
xxx 
xxx 
xxx 
18 
172.2. Works are protected by the sole fact of their creation, irrespective 
19 
of their mode or form of expression OR PUBLICATION, as well as of .their 
20 
content, quality and purpose." 
21 
(b) The Intellectual Property Code of the Philippines, Part II, Chapter V, Section 177 
22 
shall be amended to read: 
23 
"Section 177. Copyright, [or] COPYLEFT, AND OTHER Economic 
24 
Rights. 
-THE 
ECONOMIC 
RIGHTS 
OVER 
ORIGINAL 
AND 
25 
DERIVATIVE LITERARY AND ARTISTIC WORKS SHALL BE ANY OF 
26 
THE FOLLOWING: 
27 
177.1 
COPYRIGHT -SUBJECT TO THE PROVISIONS OF 
28 
CHAI>TER VIII, ECONOMIC RIGHTS UNDER THIS SECTION SHALL 
47 


1 
CONSIST OF THE EXCLUSIVE RIGHT TO CARRY OUT, AUTHORIZE 
2 
OR PREVENT THE FOLLOWING ACTS: 
3 
xxx 
xxx 
xxx 
4 
177.2. COPYLEFT - IS THE EXERCISE OF ECONOMIC RIGHTS 
5 
OVER ORIGINAL AND DERIVATIVE WORKS, INCLUDING FREE 
6 
AND 
Ol>EN-SOURCE 
SOFTWARE, 
WHERE 
THE 
AUTHOR 
7 
IRREVOCABLY ASSIGNS TO THE PUBLIC, EITHER PARTIALLY OR 
8 
FULLY, ONE OR SEVERAL RIGHTS IN COMBINATION, THE RIGHT 
9 
TO USE, MODIFY, EXTEND, OR REDISTRIBUTE THE .ORIGINAL 
I 
10 
WORK. UNDER COPYLEFT, ANY AND ALL WORKS DERIVED FROM 
11 
THE ORIGINAL WORK SHALL BE COVERED BY THE SAME 
12 
LICENSE AS 
THE ORIGINAL WORK. DECLARATION OF A 
13 
COPYLEI?T LICENSE SHALL BE SUFFICIENT IF A STATEMENT OF 
14 
THE APPLICABLE COPYLEFT LICENSE IS STIPULATED ON A COPY 
15 
OF THE WORK AS PUBLISHED. 
16 
177.3 FREE OR PUBLIC - IS THE EXERCISE OF ECONOMIC 
17 
RIGHTS OVER ORIGINAL AND DERIVATIVE WORKS WHERE THE 
18 
AUTHOR IRREVOCABLY ASSIGNS TO THE PUBLIC ALL THE 
19 
RIGHTS TO USE, MODIFY, EXTEND, OR REDISTRIBUTE THE 
20 
ORIGINAL WORK WITHOUT ANY RESTRICTIONS, OR WHERE THE 
21 
AUTHOR IRREVOCABLY DECLARES THE WORK TO BE PUBLIC 
22 
DOMAIN UNDER SECTIONS 175 AND 176 OF THIS CODE. THE 
23 
REDISTRIBUTION OF ANY MODIFIED OR DERIVATIVE WORK 
24 
SHALL NOT BE REQUIRED TO ADOPT FREE OR PUBLIC RIGHT. 
25 
ADOPTION OR DECLARATION OF THIS RIGHT SHALL BE 
26 
SUFFICIENT IF A STATEMENT TO THE EFFECT IS STIPULATED ON 
27 
A COPY OF THE WORK AS PUBLISHED, 
28 
177.4 EXCEPT WITH RESPECT TO ECONOMIC RIGHTS 
29 
UNDER COPYLEFT, THE AUTHOR OR COPYRIGHT OWNER SH~LL 
48 


1 
HAVE THE OPTION TO DECLARE THE TYPE OF LICENSE OR 
2 
ECONOMIC RIGHTS THAT MAY BE EXERCISED BY THE PUBLIC IN 
3 
RELATION TO THE WORK; PROVIDED THAT, FAILURE OF THE 
4 
AUTHOR OR COPYRIGHT OWNER TO MAKE SUCH DECLARATION 
5 
SHALL BE CONSTRUED AS CLAIM OF ECONOMIC RIGHTS UNDER 
6 
SECTION 177.1." 
7 
( c) The Intellectual Property Code of the Philippines, Part II, Chapter VII, Section 180 
8 
shall be amended to read: 
9 
"Section 180. 
Rights of Assignee of Copyright. -
180.1. The 
10 
ECONOMICRIGHTSUNDER SECTION 177.1 may be assigned in whole or 
11 
in part. Within the scope of the assignment, the assignee is entitled to all the rights 
12 
and remedies which the assignor or licensor had with respect to the copyright. 
13 
xxx 
xxx 
xxx 
14 
180.3. The submission of a literary, photographic or artistic work to a 
-
15 
newspaper, magazine or periodical for publication, shall constitute only a license 
16 
to make a single publication unless a greater right is expressly granted. IN THE 
17 
CASE OF POSTING TO A WEBSITE OR AN ONLINE VERSION OF A 
i 
18 
NEWSPAPER, MAGAZINE, OR PERIODICAL, ENABLING ACCESS TO 
19 
THE WHOLE OR PORTION OF THE WORK VIA AUTOMATIC 
20 
CONTENT SYNDICATION OR SEARCH RESULTS SHALL NOT 
21 
CONSTITUTE 
VIOLATION 
OF 
THE 
LICENSE 
UNLESS 
THE 
22 
CONTRARY IS EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT 
23 
BETWEEN COPYRIGHT OWNER AND PUBLISHER/HOST/SERVICE 
24 
PROVIDER. If two (2) or more persons jointly own a copyright or any part 
25 
thereof, neither of the owners shall be entitled to grant licenses without the prior 
26 
written consent of the other owner or owners. xxx" 
27 
(d) The Intellectual Property Code of the Philippines, Part II, Chapter VII, Section 182 
28 
shall be amended to read: 
29 
"Section 182. Filing of Assignment or License OF COPYRIGHT - An 
49 


1 
assignment or exclusive license may be filed in duplicate with the National 
2 
Library upon payment of the prescribed fee for registration in books and records 
3 
kept for the purpose. Upon recording, a copy of the instrument shall be returned to 
4 
the sender with a notation of the fact of record. Notice of the record shall be 
5 
published in the IPO Gazette. xxx" 
6 
(e) The Intellectual Property Code of the Philippines, Part II, Chapter VII, Section 187 
7 
shall be amended to read: 
8 
"Section 187. Reproduction of Published Work. - 187.1. Subject to the 
9 
provisions of Section 177 [and subject to the provisions] in relation to the 
10 
provision of Subsection 187.2, the private reproduction of a published work in a 
11 
single copy, where the reproduction is made by a natural person exclusively for 
12 
research and private study, shall be permitted, without the authorization of the 
13 
owner of copyright in the work. 
14 
2. The permission granted under Subsection 187.1 shall not extend to the 
15 
16 
reproduction of: . 
xxx 
xxx 
xxx 
17 
(c) A compilation of RAW data, HAVING NOT UNDERGONE DATA 
18 
AND INFORMATION PROCESSING, and other materials; 
19 
xxx 
xxx 
xxx 
20 
(E) THE CONTENTS OF A WEBSITE, IF SUCH DOWNLOADING 
21 
IS FOR THE PURPOSE OF CREATING A BACK-UP COPY FOR 
22 
ARCHlV AL PURPOSES, OR EXCLUSIVELY TO TEMPORARILY 
23 
FACILITATE THE EXECUTION OF COMPUTER APPLICATIONS, 
24 
SUCH AS 
BUT 
NOT LIMITED 
TO 
SEARCH 
ENGINES, OR 
25 
EXCLUSIVELY TO TEMPORARILY FACILITATE THE OPERATION 
26 
OF THE INTERNET OR NETWORKS, SUCH AS BUT NOT LIMITED 
27 
TO CACHE COPIES, OR EXCLUSIVELY FOR PURPOSES OF 
28 
STATISTICAL OR PERFORMANCE ANALYSIS; and, xxx." 
29 
(f) The Intellectual Property Code of the Philippines, Part II, Chapter IX, Section 192 
50 


1 
shall be amended to read: 
2 
"Section 192. Notice of [Copyright} APPLICABLE ECONOMIC 
3 
RIGHTS.- Each copy of a work published or offered for sale may contain a 
4 
notice bearing the name of the copyright owner, and the year of its lfirst 
i 
5 
publication, and, in copies produced after the creator's death, the year of such 
6 
death. IN CASE OF FAILURE OF THE AUTHOR OR COPYRIGHT 
7 
OWNER TO INDICATE THE LICENSE APPLICABLE FOR THE 
8 
WORK, IT SHALL BE PRESUMED THAT THE COPYRIGHT OWNER 
9 
ADOPTED COPYRIGHT UNLESS INTENT TO THE CONTRARY IS 
10 
PROVEN." 
11 
SECTION 39. Content Fair Use. - (a) Subject to the provisions of the Intellectual 
12 
Property Code of the Philippines, as amended, and this Act and other relevant laws, the viewing 
13 
of online content on any computer, device, or equipment shall be considered fair use. 
14 
(b) Subject to the provisions of the Intellectual Property Code of the Philippines, as 
15 
amended, this Act, and other relevant laws, the viewing, use, editing, decompiling, or 
16 
modification, of downloaded or otherwise offline content on any computer, device, or equipment 
17 
shall be considered fair use; Provided, that the derivative content resulting from editing, 
18 
decompiling, or modification shall be subject to the provisions of the Intellectual Property Code 
19 
of the Philippines, as amended, this Act, and other relevant laws governing derivative content. 
20 
(c) It shall be presumed that any person who shall upload to, download from, edit, 
21 
modify, or otherwise use content 011 the Internet or telecommunications networks shall have done 
22 
so with full knowledge of the nature of the intellectual property protections applLcable to the 
23 
content. 
24 
25 
SECTION 40. Amendments to the E-Commerce Act. - Subject to the provisions of this 
26 
Act, paragraphs (a) and (b) of Section 33 of the Electronic Commerce Act of2000 (RA 8792) are 
27 
hereby repealed. 
51 


1 
SECTION 41. Amendments to the Data Privacy Act. - (a) Subject to the provisions of 
2 
this Act, the Data Privacy Act of 20 12 (RA 10173), Section 7 is hereby amended to read: 
3 
"Section 7. Functions of the National DATA Privacy Commission. - To administer and 
4 
implement the provisions of this Act, and to monitor and ensure compliance of the country with 
5 
international standards set for data protection, there is hereby created an independent body to be 
6 
known as the National DATA Privacy Commission, which shall have the following functions: 
7 
xxx" 
8 
(b) Subsequent mentions of "National Privacy Commission" are hereby amended to be 
9 
consistent with the amendment above. 
10 
(c) Subject to the provisions of this Act, Sections 29, 31, and 32 of the Data Privacy Act 
11 
of 20 12 are repealed. 
12 
(d) Subject to th~ provisions of this Act, Section 6 of the Data Privacy Act of 2012 is· 
13 
amended to include the provisions on extraterritoriality as provided for by Section 67' of this Act. 
14 
SECTION 42. Repeal of the Cybercrime Prevention Act. - The Cybercrime Prevention 
15 
Act of2012 (RA 10175) is repealed in its entirety. 
16 
Part 6. Cybercrimes and Other Prohibited Acts 
17 
SECTION 43. Network sabotage. -- (a) Direct network sabotage. - It shall be unlawful 
18 
for any person to cause or attempt to cause the stoppage or degradation of Internet or network 
19 
operations of another person, through electronic means such as denial of service (DoS) attacks or 
20 
distributed denial of service (DDoS) attacks, through physical destruction of devices, equipment, 
21 
physical plant, or telecommunications cables including cable TV transmission lines and other 
22 
transmission media, or through other means, except if the stoppage or degradation has been done 
23 
in the normal course of work or business by a person authorized to stop, modify, or otherwise 
24 
control network operations of the other person. 
25 
(b) Indirect network sabotage. - It shall be unlawful for any person to install, infect, 
26 
implant, or otherwise put in a device, equipment, network, or physical plant any means of 
52 


1 
performing stoppage, degradation, or modification of Internet or network operations, or data or 
2 
information processing, such as but not limited to bots, or to interconnect, establish, or otherwise 
3 
create a network of software, devices, equipment, or physical plants with the means of 
4 
performing stoppage, degradation, or modification of Internet or network operations, or data or 
5 
information processing, such as but not limited to botnets, except if the installation or 
6 
interconnection has been done in the normal course of work or business by a person authorized 
7 
to stop, modify, or otherwise control network operations or data or information processing of the 
8 
network 
9 
(c) Criminal negligence not presumed in unintentional network sabotage. - Except upon 
10 
a final ruling ii'om the courts, issued following due notice and hearing, criminal negligence shall 
11 
not be presumed to be the cause of the wlintentional stoppage or degradation of Internet or 
12 
network operations by a person authorized to stop, modify, or otherwise control network 
13 
operations, or by accident, unforeseen occurrences, or acts of God. 
14 
SECTION 44. Failure to Provide Reasonable Security for Data and Networks. - (a) 
15 
Failure to provide security. -
It shall be unlawful for any Internet service provider, 
16 
telecommunications entity, or other such person providing Internet or data services to 
17 
intentionally or unintentionally fail to provide appropriate levels of security for data, networks, 
18 
storage media where data is stored, equipment through which networks are run or maintained, or 
19 
the physical plant where the data or network equipment is housed. 
20 
(b) Negligent failure to provide security. -- Negligence resulting to acts in violation of the 
21 
Data Privacy Act of 2012 (RA 10175) using a device, network equipment, or physical plant 
22 
connected to the Internet, public networks, private networks, or telecommunications facilities 
23 
shall constitute a violation of the preceding paragraph, without prejudice to prosecution wlder the 
24 
Data Privacy Actof2012 (RA 10175). 
25 
(c) Negligent failure to provide security presumed to be the result of criminal negligence. 
26 
- The unintentional failure for auy Internet service provider, telecommunications entity, or other 
27 
such person providing Internet or data services to provide appropriate levels of security for data, 
28 
networks, storage media where data is stored, equipment through which networks are run or 
53 


1 
maintained, or the physical plant where the data or network equipment is housed shall be 
2 
presumed to be the result of criminal negligence, except upon a final ruling from the courts, 
3 
issued following due notice and hearing. 
4 
SECTION 45. Violation of Data Privacy. - (a) Unauthorized access. - It shall be 
5 
unlawful for any person to intentionally access data, networks, storage media where data is 
6 
stored, equipment through which networks are run or maintained, the physical plant where the 
7 
data or network equipment is housed, without authority granted by the Internet service provider, 
8 
telecommunications entity, or other such person providing Internet or data services having 
9 
possession or control of the data or network, or to intentionally access intellecttjal property 
. 
I 
10 
published on the Internet or on other networks without the consent of the pe~son having 
11 
ownership, possession, or control of the intellectual property, or without legal grounds, even if 
12 
access is performed without malice. 
13 
(b) Unauthorized modification. - It shall be unlawful for any person to intentionally 
14 
modify data, networks, storage media where data is stored, equipment through which networks 
15 
are run or maintained, the physical plant where the data or network equipment is housed, without 
16 
authority granted by the Internet service provider, telecommunications entity, or other such 
17 
person providing Internet or data services having possession or control of the data or network, or 
18 
to intentionally modify intellectual property published on the Internet or on other networks 
19 
without the consent of the person having ownership, possession, or control of the intellectual 
20 
property, or without legal grounds, even if the modification is performed without malice. 
21 
(c) Unauthorized authorization or granting of privileges. - It shall be unlawful for any 
22 
person to intentionally provide a third party authorization or privileges to access or modify data, 
23 
networks, storage media where data is stored, equipment through which networks are run or 
24 
maintained, the physical plant where the data or network equipment is housed, without authority 
25 
granted by the Internet service provider, telecommunications entity, or other such person 
26 
providing Internet or data services having possession or control of the data- or network, or to 
27 
intentionally provide a third party authorization to access or modify intellectual property 
28 
published on the Internet or on other networks without the consent of the person having 
54 


1 
ownership, possession, or control of the intellectual property, or without legal grounds, even if 
2 
the authorization to access or perform modifications was granted without malice. 
3 
(d) Unauthorized disclosure. -
It shall be unlawful for any authorized person to 
4 
intentionally disclose or cause the disclosure to a third party or to the public any private data 
5 
being transmitted through the Internet or through public networks, or any data being transmitted 
6 
through private networks, without legal grounds, even if the disclosure was done without malice. 
7 
(e) Violation of Data Privacy Act through ICT. - It shall be unlawful to perform acts in 
8 
violation of the Data Privacy Act of 2012 (RA 10175) using a device, network equipment, or 
9 
physical 
plant 
connected to 
the 
Internet, 
public networks, 
private networks, 
or 
10 
telecommunications facilities. 
11 
SECTION 46. Violation of Data Security. - (a) Hacking. - It shall be unlawful for any 
12 
unauthorized person to intentionally access or to provide a third party with access to, or to hack 
13 
or aid or abet a third party to hack into, data, networks, storage media where data is stored, 
14 
equipment through which networks are run or maintained, the physical plant where the data or 
15 
network equipment is housed. The unauthorized access or unauthorized act of providing a third 
16 
party with access to, or the hacking into, data, networks, storage media where data is stored, 
17 
equipment through which networks are run or maintained, the physical plant where the data or 
18 
network equipment is housed shall be presumed to be malicious. 
19 
(b) Cracking. - It shall be unlawful for any unauthorized person to intentionally modify 
20 
or to crack data, networks, storage media where data is stored, equipment through which 
21 
networks are run or maintained, the physical plant where the data or network equipment is 
22 
housed, or for any unauthorized person to intentionally modify intellectual property published on 
23 
the Internet or on other networks. The unauthorized modification or cracking of data, networks, 
24 
storage media where data is stored, equipment through which networks are run or maintained, 
25 
the physical plant where the data or network equipment is housed, or nnauthorized modification 
26 
of intellectual property published on the Internet or on other networks, shall be presumed to be 
27 
malicious. 
28 
( c) Phishing. --
55 


1 
(i) It shall be unlawful for any unauthorized person to intentionally acquire or to 
2 
cause the unauthorized acquisition, or identity or data theft, or phishing of private data, 
3 
security information, or data or information used as proof of identity of another person. 
4 
The unauthorized acquisition or causing to acquire, or identity or data theft, or phishing 
5 
of private data, security information, or data or information used as proof of identity of 
6 
another person shall be presumed to be malicious. 
7 
(ii) Malicious disclosure of unwarranted or false inforn1ation relative to any 
, 
8 
personal information or personal sensitive information obtained by him or her as defined 
9 
by Section 31 of the Data Privacy Act of2012 (RA 10175) shall constitute phishing. 
1 0 
(d) Violation of Data Privacy Act in series or combination with hacking, cracking, or 
11 
phishing. -It shall be unlawful to perform acts in violation of the Data Privacy Act of2012 (RA 
12 
10175) using a device, network equipment, or physical plant connected to the Internet, public 
13 
networks, private networks, or telecommunications facilities performed in series or combination 
14 
with acts prohibited by the preceding paragraphs. 
15 
SECTION 47. Illegal and Arbitrary Seizure. - (a) Illegal Seizure. -It shall be unlawful 
16 
for any person to seize data, information, or contents of a device, storage medium, network 
17 
equipment, or physical plant, or to seize any device, storage medium, network equipment, or 
18 . physical plant connected to the Internet or to telecommunications networks of another person 
19 
without his consent, or to gain possession or control of the intellectual property pnblished on the 
20 
Internet or on pnblic networks of another person without his consent, except upon a final rnling 
21 
from the COUtts, issued following due notice and hearing. 
22 
(b) Aiding and Abetting Illegal Seizure. - It shall be unlawful for any person to aid or 
23 
abet the seizure of data, information, or contents of a device, storage -medillll1, network 
24 
equipment, or physical plant, or to seize any device, storage medium, network equipment, or 
25 
physical plant connected to the Internet or to telecommnnications networks of another person 
26 
withollt his consent, or tq gain possession or control of the intellectual property published on the 
27 
Internet or on public networks of another person without his consent, except upon a' final rnling 
28 
from the courts, issued following due notice and hearing, allowing the person to perfo\'ll1 such 
56 


1 
seizure, possession, or control. 
2 
(c) Arbitrary Seizure. - It shall be unlawful for any public officer or employee to seize 
3 
data, information, or contents of a device, storage medium, network equipment, or physical 
4 
plant, or to seize any device, storage medium, network equipment, or physical plant connected to 
5 
the Internet or to telecommunications networks, or to gain possession or control of intellectual 
6 
property published on the Internet or on public networks, without legal grounds. 
7 
(d) Instigating Arbitrary Seizure. - It shall be unlawful [or any person to instruct a public 
8 
officer or employee to perform the seizure of data, information, or contents of a device, storage 
9 
medium, network equipment, or physical plant, or to seize any device, storage medium, network 
10 
equipment, or physical plant connected to the Internet or to telecommunications networks of 
11 
another person without his consent, or to gain possession or control of the intellectual property 
12 
published on the Internet or on public networks of another person without his consent, except 
13 
upon a final ruling from the courts, issued following due notice and hearing, providing the 
14 
person with authority to perform such seizure, possession, or control and delegate the same to a 
15 
public officer or employee with the authority to perform such seizure, possession, or control. 
16 
SECTION 48. Infringement of Intellectual Property Rights. -
17 
(a) Copyright inftingement. -
18 
(i) Subject to the Intellectual Property Code of the Philippines and the laws 
19 
governing fair use, it shall be unlawful for any person to publish or reproduce on the 
20 
Internet, in part or in whole, any content that he does not have any economic rights over, 
21 
or does not acknowledge and comply with the terms of copyright or license governing the 
22 
intellectual property rights enjoyed by the content being published or reproduced, or 
23 
falsely claims having intellectual property rights over the content he does not own. 
24 
(ii) Non-attribution or plagiarism of copylcft content shall constitute infringement. 
25 
(iii) Non-attribution or plagiarism of free license or public domain content shall 
26 
constitute infringement, but shall not be subject to damages. 
27 
(iv) Subject to the Intellectual Property Code of the Philippines and the laws 
28 
governing fair use, it shall be unlawful for any person to reverse-engineer any whole or 
57 


1 
pm1 of any computer program, software, code, or script, whether or not executable, that is 
2 
the subject of a copyright, and that he does not have any property rights over, or does not 
3 
acknowledge and comply with the terms of copyright or license governing the intellectual 
4 
property rights enjoyed by the computer program being reverse-engineered. 
5 
(b) Piracy. - Subject to the Intellectual Property Code of the Philippines, \ it shall be 
6 
unlawful for any person to publish and reproduce, with intent to profit, on the Internet or on or 
7 
through information and communications technologies, in pm or in whole, any content, or 
8 
computer program, software, code, or script, whether or not executable, that he does not have 
9 
any property rights over. 
1 0 
(c) Cybersquatting. - Subject to the Intellectual Property Code of the Philippines and 
11 
other relevant laws, and the Uniform Domain Name Dispute Resolution Policy of the Internet 
12 
Corporation for Assigned Names and Numbers (ICANN) or any policy ofICANN or successor-
13 
in-interest superseding it, it shall be unlawful for any person to register or otherwise acquire, in 
14 
bad faith to profit or to damage, a domain name that is: 
15 
(i) Similar, identical, or confusingly similar to an existing trademark registered 
16 
with the appropriate government agency at the time of the domain name registration; or 
17 
(ii) Identical or in any way similar with the name of a person other than the 
18 
registrant, in case of a personal name. 
19 
(d) Unreasonable restriction of device privileges. - Subject to Section 6 of this Act, it 
20 
shall be unlawful for any person engaged in the wholesale or retail of devices or equipment to, 
21 
by physical, electronic, or any other means, provide unreasonable restrictions on a device or 
22 
equipment. 
23 
SECTION 49. F~aud via leT. - It shall be unlawful for any person who kr)owingly by 
24 
means of a device, equipment, or physical plant connected to the Internet, to telecommunications 
25 
networks, a network of a government agency, the government network, a private network or any 
26 
protected computer or device, or in connivance with a third party with access to the same, shall 
27 
use the Internet, telecommunications networks, private networks, or government networks for the 
28 
purpose of deceiving or defrauding another of money, goods, or property, or to do the same by or 
58 


1 
through exceeding authorized access. 
2 
SECTION 50. ICT-Enabled Prostitution and ICT-Enabled Trafficking in Persons. - (a) 
3 
ICT-Enabled Prostitution. - It shall be unlawful for any person who, by means of a device, 
4 
equipment, or physical plant connected to the Internet or to telecommunications networks, or in 
5 
connivance with a third party with access to the same, shall use the Internet or 
6 
telecommunications networks for the purpose of enabling the exchange of money or 
7 
consideration for services of a sexual or lascivious nature, or facilitating the performance of such 
8 
services; Provided, the services shall be performed by one or more unwilling third-party adults 
9 
under threat or duress. 
10 
(b) ICT-Enabled Trafficking in Persons.-
11 
(i) The performance of acts prohibited by Section 5 of R.A. No. 9208, or the 
12 
"Anti-Trafficking in Persons Act of 2003," as amended, by means of a device, storage 
13 
medium, network equipment, or physical plant connected to the Intdrnet or to 
14 
telecommunications networks shall be deemed unlawful. 
15 
(ii) The commission of acts prohibited by the Anti-Trafficking in Persons Act of 
16 
2003, as amended, through or using devices, equipment, or physical plants connected to 
17 
the Internet or to telecommunications networks shall be penalized by the applicable 
18 
provisions of the Anti-Trafficking in Persons Act of2003, as amended. 
19 
(iii) The Anti-Trafficking in Persons Act of2003, Section 5 (c) shall be amended 
20 
to read: 
21 
"Section 5. Acts thai Promote Trafficking in Persons. - The following acts 
22 
which promote or facilitate trafficking in persons, shall be unlawful: 
23 
24 
25 
26 
27 
28 
xxx 
xxx 
xxx 
(c) To advertise, publish, print, broadcast or distribute, or cause the 
advertisement, publication, printing, broadcasting or distribution by any means, 
including the use of information AND COMMUNICATIONS technology and 
the Internet, of any brochure, flyer, or any propaganda material that promotes 
trafficking in persons, OR TO KNOWINGLY, WILLFULLY AND 
59 


------------------------------------------------------------------
1 
INTENTIONALLY PROVIDE DEVICES, EQUIPMENT, OR PHYSICAL 
2 
PLANTS 
Co.NNECTED 
TO 
THE 
INTERNET 
OR 
:TO 
3 
TELECOMMUNICATIONS 
NETWORKS, 
WITH 
THE 
PRIM~RY 
4 
PURI'OSE OF PROMOTING TRAFFICKING IN PERSONS; xxx." 
5 
SECTION 51. lCT-Enabled Child Prostitution and lCT-Enabled Child Trafficking. -
6 
(a) ICT-Enabled Child Prostitution. -
7 
(i) The performance of acts prohibited by Sections 5 and 7 of R.A. No. 7610, or 
8 
the "Special Protection of Children Against Abuse, Exploitation and Discrimination Act," 
9 
as amended, by means of a device, storage medium, network equipment, or physical plant 
10 
connected to the Internet or to telecommunications networks shall be deemed unlawful. 
11 
(ii) The Special Protection of Children Against Abuse, Exploitation and 
12 
Discrimination Act, Section 5, paragraphs (a) 2 and (c) shall be amended to read: 
13 
"Section 5. Child Prostitution and Other Sexual Abuse. -
14 
xxx 
xxx 
xxx 
15 
(2) Inducing a person to be a client of a child prostitute by means of 
16 
written or oral advertisements or other similar means; OR TO KNOWINGLY, 
17 
WILLFULLY 
AND 
INTENTIONALLY 
PROVIDE 
DEVICES, 
18 
EQUIPMENT, 
OR PHYSICAL l'LANTS 
CONNECTED TO THE 
19 
INTERNET OR TO TELECOMMUNICATIONS NETWORKS WITH THE 
20 
PRIMARY PURPOSE OF INDUCING A PERSON TO BE A CLIENT OF 
! 
21 
A CHILD PROSTITUTE OR THROUGH THE CONNIVANCE WITlI A 
22 
THIRD PARTY WITH ACCESS TO THE SAME INDUCE A PERSON TO 
23 
BE A CLIENT OF A CHILD PROSTITUTE; 
24 
xxx 
xxx 
xxx 
25 
(c) Those who derive profit or advantage therefrom, whether as manager 
26 
or owner of the establishment where the prostitntion takes place, or of the sauna, 
27 
disco, bar, resort, place of entertainment or establishment serving as a cover or 
28 
which engages in prostitution in addition to the activity for which the license has 
60 


1 
been issued to said establishment; OR THOSE WHO DERIVE PROFIT OR 
2 
ADVANTAGE 
THEREFROM, 
WHETHER 
AS 
AUTHOR, 
3 
ADMINISTRATOR, OR AUTHORIZED USER OF THE DEVICE, 
4 
EQUIPMENT, 
NETWORK, 
PHYSICAL 
PLANT, 
OR 
WEBSITE 
5 
CONNECTED TO THE INTERNET OR TO TELECOMMUNICATIONS 
6 
NETWORKS CREATED OR ESTABLISHED WITH THE PURPOSE OF 
7 
INDUCING A PERSON TO ENGAGE IN CHILD PROSTITUTION. xxx" 
8 
(b) ICT-Enabled Child Trafficking.-
9 
(i) The Special Protection of Children Against Abuse, Exploitation and 
! 
10 
Discrimination Act, Section 7 shall be amended to read: 
11 
"Section 7. Child Trafficking. - Any person who shall engage in trading 
12 
and dealing with children including, but not limited to, the act of buying and 
13 
selling of a child for money, or for any other consideration, or barter, OR TO 
14 
KNOWINGLY, 
WILLFULLY 
AND 
INTENTIONALLY 
PROVIDE 
15 
DEVICES, EQUIPMENT, OR PHYSICAL PLANTS CONNECTED TO 
16 
THE INTERNET OR TO TELECOMMUNICATIONS NETWORKS, OR 
17 
THROUGH THE CONNIVANCE WITH A THIRD PARTY WITH 
18 
ACCESS TO THE SAME, FOR THE PRIMARY PURPOSE OF SUCH 
19 
TRADING AND DEALING WITH CHILDREN, shall suffer the penalty of 
20 
reclusion temporal to reclusion perpetua. The penalty shall be imposed in its 
21 
maximum period when the victim is under twelve (12) years of age." 
22 
(ii) The commission of acts prohibited by the Special Protection of Children 
23 
Against Abuse, Exploitation and Discrimination Act through or using devices, 
24 
equipment, or physical plants connected to the Internet or to telecommunications 
25 
networks shall be penalized by the applicable provisions of the Special Protection of 
26 
Children Against Abuse, Exploitation and Discrimination Act. 
I 
I 
27 
SECTION 52. Internet Libel, Hate Speech, Child Pornography, and Other Expression 
61 


1 
Inimical to the Public Interest. -
2 
( a) Internet libel. -
3 
(i) Internet libel is a public and malicious expression tending to cause the 
4 
dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory 
5 
of one who is dead, made on the Internet or on public networks. 
6 
(ii) Malice as an essential element of internet libel. - Internet libel shall not lie if 
7 
malice or intent to injure is not present. 
8 
(iii) Positive identification of the subject as an essential element of internet libel. -
9 
Internet libel shall not lie if the public and malicious expression does not explicitly 
10 
identify the person who is the subject of the expression, except if the content of the 
• 
11 
expression is sufficient for positive and unequivocal identification of the subject of the 
12 
expression. 
13 
(iv) Truth as a defense. - Internet libel shall not lie if the content of the expression 
14 
is proven to be true, or if the expression is made on the basis of published reports 
15 
presumed to be true, or if the content is intended to be humorous or satirical in nature, 
16 
except if the content has been adjudged as unlawful or offensive in nature in accordance 
17 
with existing jurisprudence. 
18 
(v) Exceptions to internet libel - The following acts shall not constitute internet 
I 
19 
libel: 
20 
(1) Expressions of protest against the government, or against foreign 
21 
governments; 
22 
(2) Expressions of dissatisfaction with the government, its agencies or 
23 
instrumentalities, or its officials or agents, or with those of foreign governments; 
24 
(3) Expressions of dissatisfaction with non-government organizations, 
25 
unions, associations, political parties, religious groups, and public figures; 
26 
(4) Expressions of dissatisfaction with the products or services of 
27 
commercial entities; 
28 
(5) Expressions of dissatisfaction with commercial entities, or their 
29 
officers or agents, as related to the products or services that the commercial 
62 


1 
entities provide; 
2 
(6) Expressions of a commercial entity that are designed to discredit the 
3 
products or services of a competitor, even if the competitor is explicitly identified; 
4 
(7) An expression made with the intention of remaining private between 
5 
persons able to access or view the expression, even if the expression is later 
6 
released to the public; and, 
7 
(8) A fair and true report, made in good faith, without any comments or 
8 
remarks, of any judicial, legislative or other official proceedings, or of any 
, 
9 
statement, report or speech delivered in said proceedings, or of any other act 
10 
performed by public officers in the exercise of their functions, or of any matter of 
11 
public interest. 
12 
(b) Internet hate speech. -
13 
(i) Internet hate speech is a public and malicious expression calling for the 
14 
commission of illegal acts on an entire class of persons, a reasonably broad section 
15 
thereof, or a person belonging to such a class, based on gender, sexual orientation, 
16 
religious belief or affiliation, political belief or affiliation, ethnic or regional affiliation, 
17 
citizenship, or nationality, made on the Internet or on public networks. 
18 
(ii) Call for the commission of illegal acts as an essential element for internet hate 
19 
speech. -
Internet hate speech shall not lie if the expression does not call for the 
20 
commission of illegal acts on the person or class of persons that, when they are done, 
21 
shall cause actual criminal harm to the person or class of persons, under existing law. 
22 
(iii) Imminent lawless danger as an essential element for internet hate speech. -
23 
Internet hate speech shall not lie if the expression does not call for the commission of 
24 
illegal acts posing an immediate lawless danger to the public or to the person who is the 
25 
object of the expression. 
26 
( c) Internet child pornography. -
27 
(i) The performance of acts prohibited by Sections 4 and 5 of R.A. No. 9775, or 
, 
28 
the Anti-Child Pornography Act of2009, by means ofa device, storage medium, network 
.29 
equipment, or physical plant connected to the Internet or to telecommunications networks 
63 


1 
shall be deemed unlawful. 
2 
(ii) The commission of acts prohibited by the Anti-Child Pornography Act of 
3 
2009 through or using devices, equipment, or physical plants connected to the Internet or 
4 
to telecommunications networks shall be penalized by the applicable provisions of the 
5 
Anti-Child Pornography Act of2009. 
6 
(iii) The Anti-Child Pornography Act of 2009, Sections 4 (e) and (f) shall be 
7 
amended to read: 
8 
"(e) To knowingly, willfully and intentionally provide a venue for the 
9 
commission of prohibited acts as, but not limited to, dens, private rooms, cubicles, 
10 
cinemas, houses or in establishments purporting to be a legitimate business; OR 
11 
TO KNOWINGLY, WILLFULLY AND INTENTIONALLY PROVIDE 
12 
DEVICES, EQUIPMENT, OR PHYSICAL PLANTS CONNECTED TO 
13 
THE INTERNET OR TO TELECOMMUNICATIONS NETWORKS FOR 
14 
THE 
PRIMARY 
PURPOSE 
OF 
PUBLICATION, 
OFFERING, 
15 
PRODUCTION, 
SELLING, 
DISTRIBUTION, 
BROADCASTING, 
16 
EXPORT, OR IMPORTATION OF CHILD PORNOGRAPHY; 
I 
17 
(f) For film distributors, theaters, INTERNET SERVICE PROVIDERS, 
18 
and telecommunication companies, by themselves or in cooperation with other 
19 
entities, to distribute any form of child pornography; xxx" 
20 
(d) Internet child abuse. -
21 
(i) The performance of acts prohibited by Section 9 of the Special Protection of 
22 
Children Against Abuse, Exploitation and Discrimination Act, by means of a device, 
23 
storage medium, network equipment, or physical plant connected to the Internet or to 
24 
telecommunications networks shall be deemed unlawful. 
25 
(ii) The commission of acts prohibited by the Special Protection of Children 
26 
Against Abuse, Exploitation and Discrimination Act, through or using devices, 
27 
equipment, or physical plants connected to the Internet or to telecommnnications 
28 
networks shall be penalized by the applicable provisions of the Special Protectioh of 
29 
Children Against Abuse, Exploitation and Discrimination Act. 
64 


1 
(iii) The Special Protection of Children Against Abuse, Exploitation and 
2 
Discrimination Act, Section 9 shall be amended to read: 
3 
"Section 9. Obscene Publications and Indecent Shows. - Any person who 
4 
shall hire, employ, use, persuade, induce or coerce a child to perform in obscene 
5 
exhibitions and indecent shows, whether live, in video, or through the Intern6t or 
6 
telecommunications networks, or model in obscene publications or pornographic 
7 
materials or to sell or distribute or CAUSE THE PUBLICATION IN THE 
8 
INTERNET OR THROUGH TELECOMMUNICATIONS NETWORKS the 
9 
said materials shall suffer the penalty of prision mayor in its medium period. xxx" 
1 0 
(e) Expression inimical to the public interest. -
11 
(i) Except upon a final ruling from the courts, issued following due notice or 
12 
hearing, no expression made on the Internet or on public networks that is not defined in 
13 
this section shall be deemed unlawful and inimical to the public interest. 
14 
(ii) Imminent lawless danger as an essential element of expression inimical to 
15 
public interest. - No expression shall be deemed inimical to the public interest if the 
16 
expression does not call for the commission of illegal acts posing an immediate lawless 
17 
danger to the public. 
18 
SECTION 53. Sabotage of Critical Networks and Infrastructure, Acts ofCyberterrorism, 
19 
and Cyberespionage. -
20 
(a) Sabotage of critical networks and infrastructure. - The commission of acts prohibited 
21 
by Section 42 (Network Sabotage), Section 44 (Violation of Data Privacy), Section 45 (Violation 
22 
of Data Security), and Section 46 (Illegal and Arbitrary Seizure of leT), shall be penalized one 
23 
degree higher; Provided, the offense was committed against critical data, network, i Internet, or 
24 
telecommunications.infrastructure, whether publicly or privately owned. 
25 
(b) Cyberlerrorism. -
26 
(i) The performance of acts prohibited by Sections 3, 4, 5, and 6 of the Human 
27 
Security Act of 2007 (RA9732); and Sections 4, 5, 6, and 7 of the Terrorism Financing 
28 
Prevention and Suppression Act of 2012 (RA 10168), or the by means of a device, 
65 


1 
storage medium, network equipment, or physical plant connected to the Internet or to 
2 
telecommunications networks shall be deemed unlawful. 
3 
(ii) The commission of acts prohibited by the Human Security Act of 2007, 
4 
through or using devices, equipment, or physical plants connected to the Internet or to 
5 
telecommunications networks shall be penalized by the applicable provisions of the 
6 
Human Security Act of2007. 
7 
(iii) The Human Security Act of 2007, Section 3 shall be amended to read: 
8 
"Section 3. Terrorism. - Any person who commits an act punishable 
9 
under any of the following provisions of the Revised Penal Code: 
10 
xxx 
xxx 
xxx 
11 
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws 
12 
on Illegal and Unlawful Possession, Manufacture, Dealing m, Acquisition or 
13 
Disposition of Fil:earms, Ammunitions or Explosives); and, 
14 
7. 
SECTION 
25 
(NETWORK 
SABOTAGE), 
SECTION I 27 
15 
(VIOLATION OF DATA PRIVACY), AND SECTION 28 (VIOLATION OF 
16 
DATA SECURITY) OF THE MAGNA CARTA FOR PHILIPPINE 
17 
INTERNET FREEDOM COMMITTED AGAINST CRITICAL DATA, 
18 
NETWORK, 
INTERNET, 
OR 
TELECOMMUNICATIONS 
19 
INFRASTRUCTURE, WHETHER PUBLICLY OR PRIVATELY OWNED, 
20 
. xxx" 
21 
(c) ICT-Enabled Financing of Terrorism. -. 
22 
(i) The commission of acts prohibited by the Terrorism Financing Prevention and 
23 
Suppression Act of 2012, through or using devices, equipment, or physical plants 
24 
connected to the Internet or to telecommunications networks shall be penalized by the 
25 
applicable provisions of the Terrorism Financing Prevention and Suppression Act of 
26 
2012. 
27 
(ii) The Terrorism Financing Prevention and Suppression Act of 2012, Section 4 
28 
shall be amended to read: 
29 
"Section 4. Financing a/Terrorism. -
66 


1 
xxx 
xxx 
xxx 
2 
Any persQn who orgamzes or directs others to commit financing of 
3 
terrorism under the immediately preceding paragraph shall likewise be guilty of 
4 
an offense and shall suffer the same penalty as herein prescribed. 
5 
ANY PERSON WHO, BY MEANS OF A DEVICE, STORAGE 
6 
MEDIUM, 
NETWORK 
EQUIPMENT, 
OR 
PHYSICAL 
PLANT 
7 
CONNECTED TO THE INTERNET OR TO TELECOMMUNICATIONS 
8 
NETWORKS, OR IN CONNIVANCE WITH A THIRD PARTY WITH 
9 
ACCESS TO THE SAME, SHALL KNOWINGLY, WILLFULLY, AND 
10 
INTENTIONALLY 
FACILITATE 
THE 
ORGANIZATION 
OR 
11 
DIRECTION OF OTHERS TO COMMIT THE FINANCING OF 
12 
TERRORISM UNDER THE PRECEDING PARAGRAPHS SHALL 
13 
LIKEWISE BE GUILTY OF AN OFFENSE AND SHALL SUFFER THE 
14 
SAME PENALTY AS HEREIN PRESCRIBED. xxx" 
15 
(d) Cyber-cspionage. - The Penal Code, Article 117 shall be amended to read: 
16 
"Art. 117. Espionage. -
The penalty of prision correccional shall be 
17 
inflicted upon any person who: 
18 
xxx 
xxx 
xxx 
19 
2. WITHOUT AUTHORITY THEREFOR, OR EXCEEDING THE 
20 
AUTHORITY GRANTED BY THE STATE, AND BY MEANS OF A 
21 
DEVICE, EQUIPMENT, OR PHYSICAL PLANT CONNECTED TO THE 
I 
22 
INTERNET, TO TELECOMMUNICATIONS NETWORKS, A NETWORK 
23 
OF THE STATE, A PRIVATE NETWORK, OR ANY PROTECTED 
24 
DEVICE, COMPUTER, SYSTEM, OR NETWORK, OR IN CONNIVANCE 
25 
WITH A THIRD PARTY WITH ACCESS TO THE SAME, SHALL USE 
26 
THE 
INTERNET, 
TELECOMMUNICATIONS 
NETWORKS, 
27 
NETWORKS OF THE STATE, OR PRIVATE NETWORKS TO OBTAIN 
28 
ANY DATA OR INFORMATION OF A CONFIDENTIAL NATURE 
29 
RELATIVE TO TI-IE DEFENSE OF THE PHILIPPINES OR ANY DATA 
67 


1 
OR INFORMATION CLASSIFIED BY LAW AS STATE SECRETS; OR 
2 
3. Being in possession, by reason of the public office he holds, of the 
3 
articles, data, or information referred to in the preceding paragraphs, discloses 
4 
their contents to a representative of a foreign nation OR HOSTILE NON-
5 
STATE ACTOR. xxx" 
6 
Part 7. National Cybersecurity, Cyberdefense, Counter-Cyberterrorism, and 
7 
Counter-Cyberespionage 
8 
SECTION 54. Cyberwarfare and National Defense. - (a) It shall be unla~ul for any 
, 
9 
person, or military or civilian agency, or instrumentality of the State to initiate a ,cyberattack 
10 
against any foreign nation, except in the event of a declaration of a state of war with the foreign 
11 
nation. 
12 
(b) Subject to the Geneva Convention, the Hague Convention, the United Nations 
13 
Convention on Certain Conventional Weapons, other international treaties and conventions 
14 
governing the conduct of warfare, Philippine law, and on authority by the President of the 
15 
Philippines or by his designated officers, an authorized person or military agency may engage in 
16 
cyberdefense in defense ofthe Filipino people, territory, economy, and vital infrastructure in the 
17 
event of a cyberattack by a foreign nation, enemy violent non-state actor, insurgent group, or 
18 
terrorist organization. 
19 
( c) Any person who initiates an unauthorized and unlawful cyberattack against a foreign 
20 
nation shall be prosecuted under Commonwealth Act 408, as amended, or applicable military 
21 
.law, without prejudice to criminal and civil prosecution. 
22 
SECTION 55. National Cybersecurity and Protection of Government Information and 
23 
Communications Technology Infrastructure. -
(a) The Secretary of National Defense shall 
24 
assist the President in the protection and conduct of the national cybersecurity, and the conduct 
25 
of cyberdefense and the protection of national government information and communications 
26 
technology infrastructure. 
68 


1 
(b) The Armed Forces of the Philippines shall be tasked with ensuring the physical and 
2 
network security of critical government and military information and communications 
3 
infrastructure. The Philippine National Police shall assist private and public owners, operators, 
4 
and maintainers in ensuring the physical and network security of critical information and 
5 
communications infrastructure. 
6 
(c) Local government units shall be responsible for cyberdefense within their jurisdiction. 
7 
The Secretary of the Interior and Local Government, with the assistance of the Secretary of 
8 
National Defense, shall be assist local government units in the development of plans, policies, 
9 
programs, measures, and mechanisms for cybersecurity and cyberdefense of at the local 
10 
government level and the protection of local government systems, networks, and information and 
11 
communications technology infrastructure. 
12 
(d) When national interest and public safety so require, and subject to the approval of 
13 
Congress in a special session called for the purpose, the President may be granted the authority 
14 
to direct the cyberdefense and cybersecurity of local government units; Provided, that Congress 
15 
may not grant such authority for a period longer than 90 days. 
16 
SECTION 56. Amendments to the AFP Modernization Act. -
The Armed Forces of 
17 
the Philippines Modernization Act (RA 7898), Section 5 shall be amended to read: 
18 
"Section 5. Development of AFP Capabilities. - The AFP modernizttion 
19 
program shall be geared towards the development of the following defense 
20 
capabilities: 
21 
22 
23 
24 
25 
26 
27 
28 
xxx 
xxx 
xxx 
(d) Development of cyberdefense capability. - [The modernization of the 
AFP further requires the development of the general headquarters capabilities for 
command, control, communications, and information systems network.] 
THE 
PHILIPPINE AIR FORCE (PAF), BEING THE COUNTRY'S FIRST LINE 
OF EXTERNAL DEFENSE, SHALL DEVELOP ITS CYBERDEFENSE 
CAP ABILITY. THE CYBERDEFENSE CAPABILITY SHALL ENABLE 
THEAFI'TO: 
69 


1 
(1) DETECT, IDENTIFY, INTERCEPT AND ENGAGE, IF 
2 
NECESSARY, ANY ATTEMPTED OR ACTUAL PENETRATION OR 
3 
CYBERATTACK OF PHILIPPINE GOVERNMENT INFORMATION 
4 
AND COMMUNICATIONS TECHNOLOGY INFRASTRUCTURE, AS 
5 
WELL AS CRITICAL INFORMATION AND COMMUNICATIONS 
6 
TECHNOLOGY 
INFRASTRUCTURE 
WITHIN 
PHILIPPINE 
7 
JURISDICTION; 
8 
(2) PROVIDE CYBERDEFENSE SUPPORT TO PHILIPPINE 
9 
ARMED FORCES AND POLICE FORCES, AND; 
10 
(3) PROVIDE, AND IF I'RACTICABLE, INVENT OR INNOVATE, 
11 
THROUGH FILIPINO SKILLS AND TECHNOLOGY, ITS OWN 
12 
REQUIREMENTS FOR NATIONAL CYBERDEFENSE. 
13 
(E) DEVELOPMENT OF CYBERINTELLIGENCE CAPABILITY. 
14 
- THE INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE 
15 
PHILIPPINES (ISAFP) OR ITS SUCCESSOR SERVICE, SHALL 
16 
DEVELOl' 
ITS 
CYBERINTELLIGENCE 
CAPABILITY. 
THE 
17 
CYBERINTELLIGENCE CAPABILITY SHALL ENABLE THE AFP TO: 
18 
(1) 
DETECT 
ANY 
THREAT 
AGAINST 
PHILIPPINE 
19 
GOVERNMENT 
INFORMATION 
AND 
COMMUNICATIONS 
20 
TECHNOLOGY 
INFRASTRUCTURE, 
AS 
WELL 
AS 
CRITICAL 
21 
INFORMATION 
AND 
COMMUNICATIONS 
TECHNOLOGY 
22 
INFRASTRUCTURE 
WITHIN PHILIPPINE JURISDICTION, AND 
23 
IDENTWY THE SOURCE OF THE THREAT, WHETHER HOSTILE 
24 
NATION-STATES, NON-STATE ACTORS, CYBERTERRORlSTS, OR 
25 
CRIMINALS; 
26 
(2) 
PROVIDE 
CYBERINTELLIGENCE 
SUPPORT 
TO 
27 
PHILIPPINE ARMED FORCES AND POLICE FORCES, AND; 
I 
28 
(3) PROVIDE, AND IF PRACTICABLE, INVENT OR INNOVATE, 
29 
THROUGH FILIPINO SKILLS AND TECHNOLOGY, ITS OWN 
70 


1 
2 
3 
4 
5 
6 
7 
8 
9 
REQUIREMENTS FOR NATIONAL CYBERINTELLIGENCE. 
(F) DEVELOPMENT OF GOVERNMENT AND MILITARY 
INFORMATION 
AND 
COMMUNICATIONS 
TECHNOLOGY 
INFRASTRUCTURE HARDENED AGAINST CYBERATTACK. -
THE 
COMMUNICATIONS, ELECTRONICS AND INFORMATION SYSTEM 
SERVICE, ARMED FORCES OF THE PHILIPPINES (CEISSAFP) OR 
ITS SUCCESSOR SERVICE, SHALL CONTINUALLY ENSURE THAT 
GOVERNMENT 
AND 
MILITARY 
INFORMATION 
AND 
COMMUNICATIONS 
TECHNOLOGY 
INFRASTRUCTURE 
ARE 
10 
HARDENED AGAINST CYBERATTACK. xxx" 
11 
SECTION 57. Counter-Cyberterrorism. - (a) The Philippine National Police, supported 
12 
by applicable military, law enforcement, and government services, offices, and agencies, shall be 
13 
the lead law enforcement agency responsible for plans, policies, programs, measures, and 
14 
mechanisms to detect, identify, and prevent cyberterrorist attacks on Philippine government 
15 
information and communications technology infrastructure, as well as publicly- an~ privately-
16 
owned information and communications technology infrastructure within Philippine jurisdiction, 
17 
and the detection, identification, pursuit, apprehension, and the gathering of evidence leading to 
18 
the conviction of persons committing cyberterrorism. 
19 
(b) The National Bureau of Investigation, supported by applicable military, law 
20 
enforcement, and government services, offices, and agencies, shall be the lead law enforcement 
21 
agency responsible for plans, policies, programs, measures, and mechanisms to detect, identify, 
22 
and prevent transnational cyberterrorist attacks on Philippine government information and 
23 
commlll1ications technology infrastructure, as well as publicly- and privately-owned information 
24 
and communications technology infrastructure within Philippine jurisdiction. 
25 
( c) Subject to the provisions of an existing treaty to which the Philippines is a signatory 
26 
and to any contrary provision of any law of preferential application, and subject to the 
27 
concurrence of the Secretary of Justice and the Secretary of Foreign Affairs, the Director of the 
~s 
National Bureau of Investigation may cooperate with or request the cooperation of foreign or 
71 


1 
international law enforcement agencies in the detection, identification, pursuit, apprehension, and 
2 
the gathering of evidence leading to the conviction of persons who, althoughphysically outside 
3 
the territorial limits of the Philippines, have committed or are attempting to commit acts of 
4 
cyberterrorism within Philippine jurisdiction. 
5 
SECTION 58. Counter-Cyberespionage. - (a) The National Intelligence Coordinating 
6 
Agency, supported by applicable military, law enforcement, and government services, offices, 
7 
and agencies, shall be the lead agency responsible for plans, policies, programs, measures, and 
8 
mechanisms to detect, identify, and prevent cyberespionage attempts and incidents. 
9 
(b) The National Bureau of Investigation, supported by applicable military, law 
10 
enforcement, and government services, offices, and agencies, shall be the lead agency 
11 
responsible for detection, identification, pursuit, apprehension, and the gathering of evidence 
12 
leading to the conviction of persons committing cyberespionage. 
13 
Part 8. Penalties 
14 
SECTION 59. Applicability of the Penal Code and other special laws. - Nomenclature 
15 
notwithstanding, the provisions of Book I of the Penal Code shall apply suppletorily to the 
16 
provisions of this Act, whenever applicable. 
17 
The provisions of special laws shall apply as provided for by this Act. 
18 
SECTION 60. Penalties For Specific Violations of The Magna Carta for Philippine 
19 
Internet Freedom. -- The following penalties shall be imposed for specific violations of this Act: 
20 
(a) Violation of Section 42 (a) (Direct network sabotage) shall be pnnished with 
21 
imprisonment of prision correccional or a fine of not more than Five hundred thobsand pesos 
22 
(P500,000.00), or both. 
23 
(b) Violation of Section 42 (b) (Indirect network sabotage) shall be punished with 
24 
imprisonment of prision correccional in its medium periodor a fine of not more than three 
25 
hundred thousand pesos (P300,000.00), or both. 
72 


1 
(c) Violation of Section 43 (a) (Failure to provide security) shall be punished with 
2 
imprisonment of prision correccional or a fine of not more than Five hundred thousand pesos 
3 
(P500,000.00), or both. 
4 
(d) Violation of Section 43 (b) (Negligent failure to provide security) shall be punished 
5 
with imprisonment of prision correccional or a fine of not more than Five hundred thousand 
6 
pesos (P500,OOO.00), or both. 
7 
(e) Violation of Section 44 (a) (Unauthorized access) shall be punished with 
8 
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five 
9 
hundred thousand pesos (P500,000.00) but not more than Two million pesos (P2,000,000.00). 
10 
(f) Violation of Section 44 (b) (Unauthorized modification) shall -be punished with 
11 
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five 
12 
hundred thousand pesos (P500,000.00) but not more than Two million pesos (P2,000,000.00). 
13 
(g) Violation of Section 44 (c) (Unauthorized granting of privileges) shall &e punished 
14 
with imprisonment ranging from one (1) year to three (3) years and a fine of not le~s than Five 
15 
hundred thousand pesos (P500,000.00) but not more than Two million pesos (P2,000,000.00). 
16 
(h) Violation of Section 44 (d) (Unauthorized disclosure) shall be punished with 
17 
imprisonment ranging from three (3) years to five (5) years and a fine of not less than Five 
18 
hundred thousand pesos (P500,000.00) but not more than Two million pesos (P2,000,000.00). 
19 
(i) Violations of the Section 44 (e) (Violation of Data Privacy Act through leT)-
20 
(i) Violation of Section 25 (a) of the Data Privacy Act (Unauthorized Processing 
21 
of Personal Information) through leT shall be punished with imprisonment ranging from 
22 
one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos 
23 
(P500,000.00) but not more than Two million pesos (P2,000,000.00). 
24 
(ii) Violation of Section 25 (b) of the Data Privacy Act (Unauthorized Processing 
25 
of Sensitive Personal Information) thro';lgh leT shall be punished with imprisonment 
26 
ranging from three (3) years to six (6) years and a fine of not less than Five hundred 
27 
thousand pesos (P500,000.00) but not more than Four million pesos (P4,000,000.00). 
28 
(iii) Violation of Section 26 (a) of the Data Privacy Act (Accessing Personal 
29 
Information Due to Negligence) through leT shall be punished with imprisonment 
73 


1 
ranging [rom one (I) year to three (3) years and a fine of not less than Five hundred 
2 
thousand pesos (P500,000.00) but not more than Two million pesos (P2,000,000.00). 
I 
3 
(iv) Violation of Section 26 (b) of the Data Privacy Act (Accessing Sensitive 
4 
Personal Information Due to Negligence) through leT shall be punished with 
5 
imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five 
6 
hundred thousand pesos (P500,000.00) but not more than Four million pesos 
7 
(P4,000,000.00). 
8 
(v) Violation of Section 27 (a) of the Data Privacy Act (Improper Disposal of 
. 9 
Personal Information) through leT shall be punished with imprisonment ranging from six 
10 
(6) months to two (2) years and a fine of not less than One hundred thousand pesos 
11 
(P100,000.00) but not more than Five hundred thousand pesos (P500,000.00). 
12 
(vi) Violation of Section 27 (b) of the Data Privacy Act (Improper Disposal of 
13 
Sensitive Personal Information) through ICT shall be punished with imprisonment 
14 
ranging from one (I) year to three (3) years and a fine of not less than One hundred 
15 
thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00). 
16 
(vii) Violation of Section 28 (a) of the Data Privacy Act (Processing of Personal 
17 
Information [or Unauthorized Purposes) through ICT shall be punished with 
18 
imprisonment ranging from one (I) year and six (6) months to five (5).years and a fine of 
19 
not less than Five hundred thousand pesos (P500,000.00) but not more than One million 
20 
pesos (PI,OOO,OOO.OO). 
21 
(viii) Violation of Section 28 (b) of the Data Privacy Act (Processing pf Sensitive 
22 
Personal Information for Unauthorized Purposes) through leT shall be punished with 
23 
imprisomnent ranging from two (2) years to seven (7) years and a fine of not less than 
24 
Five hundred thousand pesos (P500,000.00) but not more than Two million pesos 
25 
(P2,000,000.00). 
26 
(ix) Violation of Section 30 of the Data Privacy Act (Concealment of Security 
27 
Breaches Involving Sensitive Personal Information) through leT shall be punished with 
28 
imprisonment o[ one (I) year and six (6) months to five (5) years and a fine of not less 
29 
than Five hundred thousand pesos (P500,000.00) but not more than One million pesos 
74 


1 
(PI,OOO,OOO.OO). 
2 . 
(x) Violation of Section 33 of the Data Privacy Act (Combination or Series of 
3 
Acts) through ICT shall be punished with imprisonment ranging from three (3) years to 
4 
six (6) years and a fine of not less than One million pesos (PI ,000,000.00) but not more 
5 
than Five million pesos (P5,000,000.00). 
6 
(j) Violation of Section 45 (a) (Hacking) shall be punished with imprisonment ranging 
7 
from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos 
8 
(P500,000.00) but not more than Two million pesos (P2,000,000.00). 
9 
(Ie) Violation of Section 45 (b) (Cracking) shall be punished with imprisonment ranging 
10 
from one (I) year to thr~e (3) years and a tine of not less than Five hundred thOlfSand pesos 
11 
(P500,000.00) but not more than Two million pesos (P2,000,000.00). 
12 
(I) Violation of Section 45 ( c) (Phishing) shall be punished with imprisonment ranging 
13 
from one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred 
14 
thousand pesos (P500,000.00) but not more than One million pesos (PI ,000,000.00). 
15 
(m) Violation of Section 45 (d) (Violation of Data Privacy Act with hacking, cracking, or 
16 
phishing) -
17 
(i) Violation of Section 25 (a) of the Data Privacy Act (Unauthorized Processing 
18 
of Personal Iniormation) with hacking, cracking, or phishing shall be punished with 
19 
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five 
20 
hundred thousand pesos (P500,000.00) but not more than Two million pesos 
21 
(P2,000,OOO.OO). 
22 
(ii) Violation of Section 25 (b) of the Data Privacy Act (Unauthorized Processing 
23 
of Sensitive Personal Information) with hacking, cracking, or phishing shall be punished 
24 
with imprisonment ranging from tlu'ee (3) years to six (6) years and a fine of not less than 
25 
Five hundred thousand pesos (P500,000.00) but not more than Four million pesos 
26 
(P4,000,000.00). 
27 
(iii) Violation of Section 26 (a) of the Data Privacy Act (Accessing Personal 
28 
Information Due to Negligence) with hacking, cracking, or phishing shall be punished 
29 
with imprisonment ranging from one (1) year to three (3) years and a fine of not less than 
75 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
Five hundred thousand pesos (P500,OOO.OO) but not more than Two million p.esos 
(P2,OOO,OOO.OO). 
(iv) Violation of Section 26 (b) of the Data Privacy Act (Accessing Sensitive 
Personal Information Due to Negligence) with hacking, cracking, or phishing shall be 
punished with imprisonment ranging from three (3) years to six (6) years and a fine of not 
less than Five hundred thousand pesos (P500,OOO.OO) but not more than Four million 
pesos (P4,OOO,OOO.00). 
(v) Violation of Section 27 (a) of the Data Privacy Act (Improper Disposal of 
Personal Information) with hacking, cracking, or phishing shall be punished with 
imprisonment ranging from six (6) months to two (2) years and a fine of not less than 
One hundred thousand pesos (PIOO,OOO.OO) but not more than Five hundred thousand 
pesos (P500,000.00). 
(vi) Violation of Section 27 (b) of the Data Privacy Act (Improper Disposal of 
Sensitive Personal Information) with hacking, cracking, or phishing shall be punished 
with imprisonment ranging from one (1) year to three (3) years and a fine of not less than 
One hundred thousand pesos (PIOO,OOO.OO) but not more than One million pesos 
(Pl,OOO,OOO.OO). 
(vii) Violation of Section 28 (a) of the Data Privacy Act (Processing of Personal 
I 
, 
' 
Information for Unauthorized Purposes) with hacking, cracking, or phishing shall be 
I 
punished with imprisonment ranging from one (1) year and six (6) months to five (5) 
years and a nne of not less than Five hundred thousand pesos (P500,OOO.00) but not more 
than One million pesos (P 1 ,000,000.00). 
(viii) Violation of Section 28 (b) of the Data Privacy Act (Processing of Sensitive 
Personal Information for Unauthorized Purposes) with hacking, cracking, or phishing 
shall be punished with imprisonment ranging from two (2) years to seven (7) years and a 
fine of not less than Five hundred thousand pesos (P500,OOO.00) but not more than Two 
million pesos (P2,OOO,OOO.00). 
(ix) Violation of Section 30 of the Data Privacy Act (Concealment of Security 
Breaches Involving Sensitive Personal Information) with hacking, cracking, or phishing 
76 


1 
shall be punished with imprisonment of one (I) year and six (6) months to five (5) years 
2 
and a fine of not less than Five hundred thousand pesos (P500,OOO.OO) but not more than 
3 
One million pesos (Pl,OOO,OOO.OO). 
4 
(x) Violation of Section 33 of the Data Privacy Act (Combination or Series of 
5 
Acts) with hacking, cracking, or phishing shall be punished with imprisonment ranging 
6 
from three (3) years to six (6) years and a fine of not less than One million pesos 
7 
(Phpl,OOO,OOO.OO) but not more than Five million pesos (P5,OOO,OOO.OO). 
8 
(n) Violation of Section 46 (a) (Illegal seizure of ICT) shall be puqished with 
9 
imprisonment of prision correccional or a fine of not more than Five hundred thousand pesos 
10 
(P500,OOO.OO), or both. 
11 
(0) Violation of Section 46 (b) (Aiding and abetting illegal seizure of ICT) shall be 
12 
punished with imprisonment of prision correccional in its minimmn period or a fine of not more 
13 
than Four hundred thousand pesos (P400,OOO.OO), or both. 
14 
(p) Violation of Section 46 (c) (Arbitrary seizure of ICT) shall be punished with 
15 
imprisonment of prision correccional in its maximum period or a fine of not more than Five 
16 
hundred thousand pesos (P500,OOO.OO), or both. 
17 
(q) Violation of Section 46 (d) (Instigating arbitrary seizure of ICT) shall be punished 
18 
with imprisonment of prision correccional or a fine of not more than Five hundred thousand 
19 
pesos (P500,OOO.OO), or both. 
20 
(r) Violation of Section 47 (a) (i) (Copyright infringement) - Any person infringing a 
21 
copyright shall be liable to pay to the copyright proprietor or his assigns or heirs such actual 
22 
damages, including legal costs and other expenses, as he may have incurred due to the 
23 
infringement as well as the profits the infringer may have made due to such infringement, and in 
24 
proving profits the plaintiff shall be required to prove sales only and the defendant shall be 
25 
required to prove every element of cost which he claims, or, in lieu of actual damages and 
26 
profits, such damages which to the court shall appear to be just and shall not be regarded as 
27 
penalty. 
28 
(s) Violation of Section 47 (a) (ii) (Plagiarism of copyleft) - The same penalty for a 
29 
violation of Section 47 (a) (i) (Copyright infringement) shall be imposed for a violation of this 
77 


1 
Section. 
2 
(t) Violation of Section 47 (a) (iii) (Plagiarism of public domain content) - While this 
3 
constitutes infringement, it shall not be subject to the payment of damages or to any other 
4 
penalty. 
5 
(u) Violation of Section 47 (a) (iv) (Reverse engineering) - The same penalty for a 
6 
violation of Section 47 (a) (i) (Copyright infringement) shall be imposed for a violation of this 
7 
Section. 
8 
(v) Violation of Section 47 (b) (Piracy through rCT) - The same penalty for a violation of 
9 
Section 47 (a) (i) (Copyright infringement) shall be imposed for a violation of this Section. 
10 
(w) Violation of Section 47 ( c) (Cybersquatting) - The same penalty for a violation of 
11 
Section 47 (a) (i) (Copyright infringement) shall be imposed for a violation of this Section. 
12 
(x) Violation of Section 47 (d) (Unreasonable restriction of device privileges) shall be 
13 
punished with a fine of not less than one hundred thousand pesos (PI00,000.00) or more than 
14 
two million pesos (P2,000,000.00). 
15 
(y) Violation of Section 48 (Fraud via ICT) shall be punished with imprisonment of 
I 
16 
prision correccional or a fine of at least Two hundred thousand pesos (P200,000.00) up to a 
i 
17 
maximum amount that is double the amount of damage incurred, whichever is higher, or both 
18 
imprisonment and fine. 
19 
(z) Violation of Section 49 (a) (ICT-enabled prostitution) shall be punished with 
20 
imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (P200,000.00) 
21 
up to a maximum amount of Five 11lmdred thousand pesos (PSOO,OOO.OO), or both. 
22 
(aa) Violation of Section 49 (b) (ICT-enabled trafficking in persons)-
23 
(i) Violation of Section 4 of the Anti-Trafficking in Persons Act of 2003 through 
24 
ICT shall be punished with imprisonment of twenty (20) years and a fine of not less than 
25 
One million pesos (Pl,OOO,OOO.OO) but not more than Two million pesos (P2,000,000.00). 
26 
(ii) Violation of Section S of the Anti-Trafficking in Persons Act of 2003 through 
27 
ICT shall be punished with imprisonment of fifteen (IS) years and a fine of not less than 
28 
Five hundred thousand pesos (PSOO,OOO.OO) but not more than One million pesos 
29 
(PI ,000,000.00). 
78 


1 
(iii) Violation of Section 6 of the Anti-Trafficking in Persons Act of2003 through 
2 
ICT shall be punished with imprisonment of twenty (20) years and a fine of not less than 
3 
Two million pesos (P2,000,000.00) but not more than Five million pesos 
4 
(PS,OOO,OOO.OO). 
, 
i 
5 
(iv) Violation of Section 7 of the Anti-Trafficking in Persons Act of2003 through 
6 
ICT shall be punished with imprisonment of six (6) years and a fine of not less than Five 
7 
hundred thousand pesos (P500,OOO.00) but not more than One million pesos 
8 
(Pl,OOO,OOO.OO). 
9 
(ab) Violation of Section 50 (a) (leT-enabled child prostitution) - Violation of Section 5 
10 
of the Special Protection of Children Against Abuse, Exploitation and Discrimination Act 
11 
through ICT shall be punished with reclusion temporal in its medium period to reclusion 
12 
perpetua. 
13 
(ac) Violation of Section 50 (b) (ICT-enabled child trafficking) - Violation of Section 7 
14 
of the Special Protection of Children Against Abuse, Exploitation and Discrimination Act 
15 
through ICT shall be punished with reclusion temporal to reclusion perpetua. The penalty shall 
16 
be imposed in its maximum period when the victim is under twelve (12) years of age. 
17 
(ad) Violation of Section 51 (a) (Internet libel) - This shall only give rise to civil liability 
18 
and the amount shall be commensurate to the damages suffered. 
19 
(ae) Violation of Section 51 (b) (Internet hate speech) - This shall only give rise to civil 
20 
liability and the amollnt shall be commensurate to the damages suffered. 
21 
(al) Violation of Section 51 (c) (Internet child pornography) - Violation of the Anti-Child 
22 
Pornography Act through ICT shall be punished according to the provisions of Section 15 of the 
23 
Anti-Child Pornography Act of2009 (RA 9775). 
24 
(ag) Violation of Section 51 (d) (Internet child abuse) - Violation of Sectron 9 of the 
25 
Special Protection of Children Against Abuse, Exploitation and Discrimination Act through ICT 
26 
shall be punished with imprisonment of prision mayor in its medium period. If the child used as 
27 
a performer, subject, or seller! distributor is below twelve (12) years of age, the penalty shall be 
28 
imposed in its maximum period. 
29 
(ah) Violation of Section 51 (e) (Internet expression inimical to the public interest) - This 
79 


1 
shall only give rise to civil liability and the amount shall be commensurate to the damages 
2 
caused by the Internet expression. 
3 
(ai) Violation of Section 52 (b) (Cyberterrorism) - The commission of acts prohibited by 
4 
the Human Security Act of 2007 through or using devices, equipment, or physical plants 
5 
connected to the Internet or to telecommunications networks shall be penalized by the applicable 
6 
provisions of the Human Security Act of2007. 
7 
(aj) Violation of Section 52 (c) (lCT-enabled financing of terrorism) - The commission 
8 
of acts prohibited by the Terrorism Financing Prevention and Suppression Act of 2012 tluough 
9 
or using devices, equipment, or physical plants connected to the Internet or to 
10 
telecommunications networks shall be penalized by the applicable provisions of the Terrorism 
11 
Financing Prevention and Suppression Act of 20 12. 
12 
(ak) Violation of Section 52 (d) (Cyberespionage) - The commission of acts prohibited 
i 
13 
by Article 117 of the Penal Code through or using devices, equipment, or physical plants 
I 
14 
connected to the Internet or to telecommunications networks shall be penalized by the applicable 
15 
provisions of the Penal Code. 
16 
SECTION 61. Penalties for Violations of the Magna Carta for Philippine Internet 
17 
Freedom Affecting Critical Networks and Ii1!i'astructure. - As prescribed by Section 52 (a) of 
18 
this Act, a penalty one degree higher shall be imposed on the specific violations of the Magna 
19 
Carta for Philippine Internet Freedom if committed against critical networks or information and 
20 
communications technology infrastructure. 
21 
SECTION 62. Penaltiesjor Other Violations of the Magna Cartafor Philippine Internet 
22 
Freedom. - A fine of not more than Five hundred thousand pesos (P500,000.OO) shall be 
23 
imposed for a violation of other sections of the law not covered by the preceding sections. 
24 
SECTION 63. Penalties jiJr Violations of the Magna Carta jiJr Philippine Internet 
25 
Freedom Committed by a Public Official or Employee. - (a) Except as explicitly provided by the 
26 
preceding sections, the next higher penalty shall be imposed for a violation or negligence 
80 


1 
resulting in the violation of this Act if the violation or negligence resulting in the violation is 
2 
committed by a public official or employee in connection with his duties. 
3 
(b) If the penalty imposed for the act or negligence resulting in the violation of this Act is 
4 
civil liability or civil liability and a fine, then an additional penalty of a fine of not less Two 
5 
hundred thousand pesos (P200,000.00) but not more than Five hundred thousand pesos 
6 
(PSOO,OOO.OO) shall be imposed on the public official or employee. 
7 
SECTION 64. Liability Under the Data Privacy Act, the Intellectual Property Code, the 
8 
Optical Media Act, the Anti-Child Pornography Act of 2009, the Special Protection of Children 
9 
Against Abuse, Exploitation and Discrimination Act, the Penal Code, and Other Laws. -(a) A 
10 
prosecution under this act shall bar any further prosecution of the act as a violation of any 
11 
provision of the Data Privacy Act, the Intellectual Property Code, the Optical Media Act, the 
12 
Anti-Child Pornography Act of 2009, the Anti-Trafficking in Persons Act, and other special 
13 
laws, except: 
14 
(i) if the act was performed through the use of a device, equipment, or physical 
15 
plant connected to the Internet or to telecommunications networks, or in connivance with 
16 
a third party with access to the same; and, 
17 
(ii) if the act could not have been performed through the use the said device, 
18 
equipment, or physical plant connected to the Internet or to telecommunications 
19 
networks, or the said third party with access to the same; and 
20 
(iii) if the, act is part of a series of or combination with other unlawft\l acts, these 
21 
acts being performed without the use of a device, equipment, or physical plabt connected 
22 
to the Internet or to telecommunications networks, or in connivance with a third party 
23 
with access to the same. 
24 
(b) A prosecution under this act shall bar any further prosecution of the act as a violation 
25 
of the Penal Code and other special laws, except: 
26 
(i) if the act was performed through the use of a device, equipment, or physical 
27 
plant connected to the Internet or to telecommunications networks, or in connivance with 
28 
a third party with access to the same; 
81 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
(ii) if the violation could not have been performed through the use the said device, 
equipment, or physical plant connected to the Internet or to telecommunications 
networks, or the said third party with access to the same; 
(iii) if the act involves the transmission of data through the Internet or 
telecommunications networks; and 
(iv) if the act is part of a series of or combination with other unlawful acts, these 
acts being performed without the use of a device, equipment, or physical plant connected 
to the Internet or to telecommunications networks, or in connivance with a third party 
with access to the same. 
SECTION 
65. Competent Law Enforcement Agencies. - (a) Department of Justice 
11 
(DOJ). - The Department oj' Justice shall create an Office of Cybercrime, which shall be 
12 
designated as the central authority in the enforcement of this Act, and all matters related to 
13 
international mutual assistance and extradition, as provided for by this Act. 
14 
(b) National Bureau of Investigation (NBI). - The National Bureau ofInvestigation shall 
15 
create a Cybercrime Division, which shall be responsible for matters related to enforcement of 
16 
this Act. It shall cooperate with the division responsible for matters related with transnational 
17 
crime, other divisions, and other government agencies in the enforcement of this Act. 
18 
(c) Philippine National Police (PNP). - The Criminal Investigation and Detection Group 
19 
(CIDG) of the Philippine National Police shall create a Cybercrime Office, which shall be 
20 
responsible for matters related to enforcement of this Act. The PNP shall, within the extent 
21 
practicable, establish cybercrime desks in police stations, and shall cooperate with other 
22 
government agencies in the enforcement of this Act. 
23 
SECTION 
66. Cybercrime COLirls. -
(a) Designation of Cybercrime Courts and 
24 
Promulgation of Procedural Rules. - The Supreme Court shall designate the court or courts, 
25 
manned by judges of competence, integrity, probity and independence in the practice of law, and 
26 
competent in matters related 10 the Internet and information and communications technology, 
27 
that will hear and resolve cases broughl under this Act and shall promUlgate the rules of 
82 


1 
pleading, practice, and procedure to govern the proceedings brought under this Act 
2 
(b) Qualifications of the Presiding Judges of Cybercrime Courts. -- No person shall be 
3 
appointed a Presiding Judge of the Cybercrime Court unless he or she: 
4 
(i) is a natural-born citizen of the Philippines; 
5 
(ii) is at least thirty-five (35) years of age; 
6 
(iii) has been engaged in the practice of law in the Philippines for at least ten (10) 
7 
years, or has held a public office in the Philippines requiring admission to the practice of 
8 
law as an indispensable requisite; and 
9 
(iv) has an academic or professional background 
III information and 
10 
communications technology, computer science, Of engineering; or has proven a high 
11 
degree of competence in the use of the Internet and information and communications 
12 
technology. 
13 
Court personnel of the Cybercrime Court shall undergo training and must have the 
14 
experience and demonstrated ability in dealing with cybercrime cases and other cases related to 
15 
the Internet and information and communications technology. 
16 
SECTION 67. Jurisdiction ofCybercrime Courts. - (a) Exclusive original jurisdiction-
17 
The Cybercrime Court shall have exclusive original jurisdiction over violations of ihis Act and 
I 
18 
over cases involving the Internet and information and communications technology. 
i 
19 
(b) Suit filed at the residence of the accused for criminal violations of the Magna Carta 
20 
for Philippine Internet Freedom. - Except in cases that are extraterritorial, foreign, international, 
21 
and transnational in nature, all suits related to criminal violations of this Act shall be filed at the 
22 
cybercrime court having jurisdiction over the residence of the accused. 
23 
(c) Suit filed at the cybercrime court agreed upon by the parties for civil violations of the 
24 
Magna Carta for Philippine Internet Freedom. - Except in eases that are extraterritorial, foreign, 
25 
international, and transnational in nature, all suits related to civil violations of this Act shall be 
26 
filed at the cybercrime court agreed upon by the parties. Should the parties be unable to reach an 
27 
agreement, the Court of Appeals shall determine the cybercrime court that shall have jurisdiction 
28 
over the case. 
83 


1 
SECTION 68. Extraterritorial Application of the Magna Carta for Philippine Internet 
2 
Freedom. - Subject to the provision of existing treaties of which the Philippines is a State Party, 
3 
and to any contrary provision of any law of preferential application, the provisions of this Act 
4 
shall apply: 
5 
(a) to individual persons who, although physically outside the territorial limits of the 
6 
Philippines, commit, conspire or plot to commit any of the crimes defined and punished in this 
7 
Act inside the territorial limits of the Philippines; 
8 
(b) to individual persons who, although physically outside the territorial limits of the 
9 
Philippines, commit any of the said crimes on board a Philippine ship or aircraft; 
10 
(c) to individual persons who commit any of said crimes within any embassy, consnlate, 
11 
or diplomatic premises belonging to or occupied by the Philippine govermnent in an official 
12 
capacity; 
13 
(d) to individual persons who, although physically outside the territorial limits of the 
14 
Philippines, commit said crimes against Philippine citizens or persons of Philippine descent, 
15 
where their citizenship or ethnicity was a factor in the commission of the crime; and, 
16 
(e) to individual persons who, although physically outside the territorial limits of the 
17 
Philippines, commit said crimes directly against the Philippine government or critical 
18 
information and communications technology infrastructure in the Philippines. 
19 
Part 9. Implementing Rules and Regulations 
20 
SECTION 69. Rules and Regulations for the Implementation of the Magna Carta for 
21 
Philippine Internet Freedom. -- The Secretary of Information and Communication Technology, 
-
22 
the Commissioner of the National Telecommunications Commission, the Commissioner of the 
23 
National Data Privacy Commission, and the Chief of the Telecommunications Office, or their 
24 
duly authorized and appointed delegates, an appointee from the academe or the business sector, 
, 
I 
25 
and an appointee from civil society or professional ICT-oriented organizations, shall formulate 
26 
and promulgate the implementing rules and regulations (IRR) of this Act. 
84 


1 
SECTION 70. Implementing Rules and Regulations for Information and Communications 
2 
Technology Infrastructure Development. - The Secretary of Information and Communication 
3 
Technology, the Secretary of Finance, the Director-General of the National Economic and 
4 
Development Authority, and the Chairman of the Board ofInvestments, or their duly authorized 
5 
and appointed delegates, 3n appointee from civil society or professional ICT -oriented 
6 
organizations, and an appointee trom the business sector shall formulate and promulgate the 
7 
implementing rules and regulations (IRR) of this Act towards the development of information 
8 
and communications technology infrastructure. 
9 
SECTION 71. Implementing Rules and Regulations for Cybercrime Law Enforcement. -
10 
The Secretary of Information and Communication Technology, the Secretary of Justice, the 
11 
Secretary of Interior and Local Government, the Secretary of Social Welfare and Development, 
12 
the Secretary of Foreign Affairs, the Director-General of the National Bureau ofInvestigation, 
13 
and the Director-General of the Philippine National Police, or their duly authorized and 
14 
appointed delegates, an appointee from the academe, an appointee from civil society, and an 
I 
15 
appointee from a professional rCT -oriented organization shall formulate and promulgate the 
, 
16 
implementing rules and regulations (IRR) of this Act towards cybercrime and law enforcement. 
17 
SECTION 72. Implementing Rules and Regulationsfor Information and Communications 
18 
Technology Education, Training, and Human Resources. -The Secretary of Information and 
19 
Communication Technology, the Secretary of Education, the Secretary of Science and 
20 
Technology, the Commissioner of Higher Education, the Director-General of the Technical 
21 
Education and Skills Development Authority, the Head of the National Telecommunications 
22 
Training Institute, or their duly authorized and appointed delegates, and an appointee from the 
23 
academe shall formulate and promulgate the implementing rules and regulations (lRR) of this 
24 
Act towards information and communications technology education, training and human 
25 
resources. 
26 
SECTION 73. Implementing Rules and Regulations for Information and Communications 
85 


1 
Technology Research and Development. - The Secretary of Information and Communication 
2 
Teclmology, the Secretary of Science and Technology, the Director-General of the National 
3 
Economic and Development Authority, or their duly authorized and appointed delegates, an 
4 
appointee from the academe, and an appointee from the business sector, shall formulate and 
5 
promulgate the rules and regulations (IRR) of this Act towards information and communications 
, 
6 
technology research and development. 
7 
SECTION 74. Implementing Rules and Regulations for National Cyberdefense, 
8 
Cyberintelligence, Counter-Cyberterrorism, and Counter-Cyberespionage. - (a) The Secretary 
9 
of National Defense, the Secretary of Interior and Local Government, or their duly authorized 
10 
and appointed delegates, the Chief of Staff of the Armed Forces of the Philippines (AFP), the 
11 
commanding general of the unit of the Philippine Air Force tasked with national cyberdefense, 
12 
the commanding officer of the Intelligence Service, Armed Forces of the Philippines (ISAFP), 
13 
the commanding officer of the Communication Electronics and Information Systems Service, 
14 
Armed Forces of the Philippines (CEISSAFP), and the Director-General of the Philippine 
15 
National Police shall formulate and promulgate the rules and regulations (IRR) of this Act 
16 
towards ensuring national cyberdefense, cyberintelligence, counter-cyberterrorism, and counter-
17 
cyberespionage. Th" Secretary of Information and Communication Technology shall provide 
18 
technical advice. 
19 
(b) Subject to the approval of the President, and subject to the advice and consent of the 
20 
Joint Select Committee on Military and Intelligence Affairs of the House of Representatives and 
21 
the Senate, the Secretary of National Defense, the Secretary of Interior and Local Government, 
22 
or their duly authorized and appointed delegates, the Chief of Staff of the Armed Forces of the 
23 
Philippines (AFP), the commanding general of the unit of the Philippine Air Forceitasked with 
i 
24 
national cyberdefense, the commanding officer of the Intelligence Service, Armed Forces of the 
25 
Philippines (ISAFP), the commanding officer of the Communication Electronics and Information 
26 
Systems Selvice, Armed Forces of the Philippines (CEISSAFP), and the Director-General of the 
27 
Philippine National Police shall prepare a National Cyberdefense and Cybersecurity Plan every 
28 
three years. 
86 


1 
(c) The contents of the current and past National Cyberdefense and Cybersecurity Plans 
2 
shall be covered by executive privilege and shall be considered state secrets, and any 
3 
unauthorized disclosure shall be punishable to the fullest extent possible by relevant laws. 
4 
SECTION 75. Periodic Review of the Implementing Rules and Regulations of the Magna 
5 
Carta for Philippine Internet Freedom. -Mandatory and periodic reviews of the implementing 
6 
rules and regulations of the Magna Carta for Philippine Internet Freedom shall be done by the 
7 
offices designated by this Act to create implementing rules and regulations. Such reviews shall 
8 
be perfOlmed no less than every three years and no more than every five years, to keep pace with 
9 
technological advancements and other changes. 
10 
Part 10. Final Provisions. 
I 
11 
SECTION 76, Appointment of the Secretary of Information and Communications 
12 
Technology. - Subject to confirmation by the Commission on Appointments, the President shall 
13 
appoint the Secretary of Information and Communications Technology within 30 days of the 
14 
effectivity of this Act. 
15 
SECTION 77. Release of Initial Appropriations. - Subject to government budgetary and 
16 
audit procedures, the Department of Budget and Management shall release appropriations to the 
17 
Secretary of Information and Communications Technology for purposes of implementing this 
18 
Act within 30 days of his appointment. 
19 
SECTION 78. Preparation of Implementing Rules and Regulations. - Within ninety (90) 
20 
days of the release of initial appropriations, implementing rules and regulations shall have been 
21 
prepared and promulgated. 
22 
SECTION 79. Compliance of Government ICT Infrastructure and Critical Networks, 
23 
Data, and Internet Il?frastructure. -
(a) Within one hundred eighty (180) days from the 
87 


1 
promulgation of the implementing rules and regulations, government agencies and 
I 
2 
instrumentalities shall have secured their private network and data infrastructure. Penalties as 
3 
prescribed by this Act shall be imposed for noncompliance. 
4 
(b) Within two hundred seventy days (270) days from the promulgation of the 
5 
implementing rules and regulations, government agencies and instrumentalities shall have 
6 
secured their public network, data, and Internet infrastructure. Penalties as prescribed by this Act 
7 
shall be imposed for noncompliance. 
8 
(c) Within one (I) year from the promulgation of the implementing rules and regulations, 
9 
all Internet service providers, Internet exchanges, Internet data centers, Internet gateway 
10 
facilities, telecommunications entities, and persons providing Internet connection, network, or 
11 
data transmission services shall have met the minimum standards of privacy and security for 
12 
their private and public network, data, and Internet infrastructure. Penalties as prescribed by this 
13 
Act shall be imposed for noncompliance. 
14 
(d) Within ninety (90) days from the promUlgation of the implementing rules and 
15 
regulations, all Internet service providers, Internet exchanges, Internet data centers, Internet 
16 
gateway facilities, telecommunications entities, and persons providing Internet connection, 
17 
network, or data transmission services shall have met the minimum standards of 
18 
interconnectivity and interoperability of their information and communications technology 
19 
infrastructure. Administrative penalties shall be prescribed for noncompliance. 
20 
( e) Within one hundred eighty (180) days from the promulgation of the implementing 
21 
rules and regulations, all Internet service providers, Internet exchanges, Internet data centers, 
22 
Internet gateway facilities, telecommunications entities, and persons 
provid~ng Internet 
23 
connection, network, or data transmission services shall have met the minimum standards of 
24 
service quality. Administrative penalties shall be prescribed for noncompliance. 
25 
SECTION 80. Public Information Campaign for the Magna Carta for Philippine Internet 
26 
Freedom and its Implementing Rules and Regulations. - (a) The Office of the President, the 
27 
Presidential Communications Development and Strategic Planning Office or its successor 
28 
agency, the Philippine Information Agency or its successor agency, and the Department of 
88 


1 
Interior and Local Government through the information offices of local government units, shall 
2 
. be jointly responsible for information campaigns to ensure nationwide awareness of the Magna 
3 
Carta for Philippine Internet Freedom and its implementing rules and regulations. 
4 
(b) The Department of Education and the Department of Social Welfare and 
5 
Development shall provide age-appropriate information campaigns in schools to ensure 
6 
nationwide awareness of the Magna Carta for Philippine Internet Freedom, its implementing 
7 
rules and regulations, and the safe use of the Internet and information and communications 
8 
technology for children of school age and for out-of-school youths. 
9 
SECTION 81. injtiai Funding Requirements. - (a) DIeT - An initial appropriation of 
10 
fifteen million pesos (P15,000,000) shall be drawn from the national government for'pnrposes of 
11 
the establishment and operation of the DICT, exclusive of the existing appropriations of its 
12 
subordinate agencies, which shall accrue to the DICT budget. 
13 
(b) DOJ - The initial funding requirements for the implementation of this Act of the DOJ 
14 
shall be charged against the current appropriations of the DOJ. 
15 
(c) NBI - The initial funding requirements for the implementation of this Act of the NBl 
16 
shall be charged against the current appropriations of the NBI. 
17 
(d) PNP - The initial funding requirements for the implementation of this Act of the PNP 
18 
shall be charged against the current appropriations of the PNP. 
19 
(e) IRR - An initial appropriation of five million pesos (P5,000,000), to be disbnrsed by 
20 
the Secretary of Information and Communications Technology, shall be drawn from the national 
21 
government for purposes of the preparation of the Implementing Rules and Regulations of this 
22 
Act. 
23 
(f) PIA - An appropriation of nve million pesos (P5,000,000) shall be drawn from the 
24 
national government for purposes of the information dissemination campaign on this Act by the 
25 
PIA. 
26 
(g) Other agencies - The initial nmding requirements for the implementation of this Act 
27 
by other agencies shall be charged against the current appropriations of the respective agencies. 
89 


1 
SECTION 82. Succeeding Appropriations. - Such sums as may be necessary for the 
2 
implementation of this Act shall be included in the agencies' yearly budgets under the General 
3 
Appropriations Act. 
4 
SECTION 83. Separability Clause. - If any provision or part hereof is held invalid or 
5 
unconstitutional, the remainder of the law or the provisions not otherwise affected shall remain 
6 
valid and subsisting. 
7 
SECTION 84. Repealing Clause. - Any law, presidential decree or issuance, executive 
8 
order, letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent 
9 
with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
10 
SECTION 85. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
11 
publication in at least (2) newspapers of general circulation. 
90