HFTEENTH CONGHESS OF THE HEPUBLIC 
OF THE PHILIPPINES 
First Regula/' Session 
SENATE 
S,B. No. 2721 
) 
) 
) 
'11 
FEB 28 P 3 :ij 8 
l",,-" L', , 'i """ r:L 
~'!.L 
".," 
.\ 
il.Jt 10 __ \. ___ _ 
" 
Introduced by Senator Ramon Bong Revilla, Jr, 
EXPLANATORY NOTE 
The Philippines has seen the rise of information and communications industries, such as 
content production, telecommunications, broadcasting, electronic commerce, and data 
processing, over the years, The industry's role on the nation's overall social and economic 
development can never be disregarded, Thus, it must be imperative for the State to provide an 
environment conducive to the development, acceleration, and rational application and 
exploitation of information and cOlllluunications technology to attain free, easy, and intelligible 
access to exchange andlor delivery of information, Also, there is a need to protect the integrity of 
computer, computer and communications systems, networks, and databases, and the 
confidentiality, integrity, and availability of information and data stored therein, [rom all forms 
of misuse, abuse, and illegal access by making punishable such conductls under the law, 
The State shall adopt sufficient powers to effectively prevent and combat cybercrime by 
facilitating their detection, investigation, and prosecution at both the domestic and international 
levels, and by providing arrangements for fast and reliable international cooperation, 
A cybercrime law is expected to attract foreign investors into the country, It will increase 
the country's reputation as a trading partner for information and communicatiOli industries, snch 
as the constantly-rising business process outsourcing, As the department of Justice Secretary puts 
it, "a cybercrime law will ensure that investments from sunrise industries such as BPa are 
protected and that swift action can be made against cybercriminals attacking this sector" 
Institutionalization of a cybercrime law will also conform the country to international standards, 
This bill defines the cybercrime, enmnerates illegal acts and provides for penalties in 
violation thereof. It also provides for the creation of a Cybercrime Investigation and 
Coordination Center to formulate and implement a national cyber security plan, It also provides a 
scheme for international cooperation, 
There is a pressing need for the establishment of a legal framework to protect business 
firms and individuals from illegal and unauthorized access to computer systems, Thus, early 
passage of this bill is earnestly sought. 


Fifteenth Congress of the Republic 
of tbe Pllilippines 
) 
) 
) 
First Regular Session 
SENATE 
S.B. No. 2721 
E'I~" :>.l"'l·~~ nv; (~ 
-~~--~ 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT DEFINING CYBERCRIME, 
PROVIDING FOR THE PREVENTION, INVESTIGATION AND 
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES 
, " 
Be it enacted by the Senate and the House of Representatives of the Philzppll1es i)1 
Congress assembled: 
CHAPTER I: PRELIMINARY PROVISIONS 
SECTION 1. Title. This Act shall be known as the "Cybercrime Prevention Act of 
2011". 
SECTION 2. Declaration of policy. The State recognizes the vital role of information 
and communications industries such as content production, telecommunications, broadcasting, 
electronic commerce, and data processing, in the nation's overall social and economic 
development. The State also recognizes the importance of providing an environment conducive 
to the development, acceleration, and rational application and exploitation of information and 
communications technology to attain free, easy, and intelligible access to exchange and/or 
delivery of information; and the need to protect and safeguard. the integrity of computer, 
computer and communications systems, networks, and databases, and the confidentiality, 
integrity, and availability of information and data stored therein, from all forms of misuse, abuse, 
and illegal access by making punishable under the law such conduct or conducts. In this light, the 
State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating 
their detection, investigation, and prosecution at both the domestic and international levels, and 
by providing arrangements for fast and reliable international cooperation. 
SECTION 3. Definition of Terms. For purposes of this Act, the following terms are 
hereby defined as follows: 
a. Access - refers to the instruction, communication with, storing data in, retrieving data 
from, or otherwise making use of any resources of a computer system or 
communication network; 
b. Alteration - refers to the modification or change, in form or substance, of an existing 
computer data or program; 
c. Communication - refers to the transmission of information including voice and n011-
voice data; 
d. Computer system - means any device or a group of intercounected or related devices, 
one or more of which, pursuant to a program, performs automatic processing of data. 
It covers any type of computer device including devices with data processing 
1 


capabilities like mobile phones and also computer networks. The device consisting of 
hardware and software may include input, output and storage .facilities which may 
stand alone or be counected in a network or other similar devices. It also mcludes 
computer-data storage devices or mediwn. 
e. Computer Data - refers to any representation of facts, infonnation, or concepts in a 
form suitable for processing in a computer system including a program suitable to 
cause a computer system to perform a function and includes electronic documents 
and/or electronic data messages; 
[ 
Computer Program - refers to a set of instructions executed by the computer; 
g. Without Right - refers to. either: (i) conduct undertaken without or in excess of 
authority; or (ii) conduct not covered by established legal defenses, excuses, court 
orders, justifications, or relevant principles under the law; 
h. Database - refers to a representation of infonnation, knowledge, facts, concepts, or 
instructions which are being prepared, processed or stored or have been prepared, 
processed or stored in a fonnalized mauner and which are intended for use in a 
computer system; 
1. 
Interception - refers to listening to, recording, monitoring or surveillance of the 
content of communications, including procuring of the content of data, either directly, 
through access and use of a computer system or indirectly, through the use of 
electronic eavesdropping or tapping devices, at the same time that the communication 
. 
. 
IS OCCUIf1ng; 
J. 
Service Provider - refers to: 
1. 
any public or private entity that provides to users of its service the ability to 
communicate by means of a computer system, and 
ll. any other entity that processes or stores computer data on behalf of such 
communication service or users of such service; 
k. Subscriber's Information - refers to any information contained in the fonn of 
computer data or any other fonn that is held by a service provider, relating to 
subscribers of its services other than traffic or content data and by which can be 
established; 
1. 
The type of communication service used, the technical provisions taken thereto 
and the period of service; 
ii. The subscriber's identity, postal or geographic address, telephone and other access 
nU1nber, any assigned network address, billing and payment information, 
available on the basis of the service agreement or arrangement; 
iii. Any other available infonnation on the site of the installation of communication 
equipment, available on the basis of the service agreement or arrangement. 
1. 
Traffic Data or Non-Content Data - refers to any computer data other than the content 
of the communication, including but not limited to the communication's ongl11, 
destination, route, time, date, size, duration, or type of underlying service. 
2 


CHAPTER II - PUNISHABLE ACTS 
SECTION 4. Cybercrime Offenses. -- The following acts constitute the offense of 
cybercrime punishable under this Act: 
A. Offenses against the confidentiality, integrity and availability of computer data and 
systems: 
1. Illegal Access - The intentional access to the whole or any part of a computer system 
without right. 
2. lllegal Interception - The intentional interception made by technical means without 
right of any non-public transmission of computer data to, from, or within a computer 
system including electromagnetic emissions from a computer system carrying such 
computer data: Provided, however, That it shall not be unlawful for an officer, 
employee, or agent of a service provider, whose facilities are used in the transmission 
of communications, to intercept, disclose, or use (hat communication in the normal 
comse of his employment while engaged in any activity that is necessary to the 
rendition of his service or to the protection of the rights or property of the service 
provider, except that the latter shall not utilize service observing or random 
monitoring except for mechanical or service control quality checks; 
3. Data interference - the intentional or reckless alteration of computer data without 
right. 
4. System Interference - the intentional or reckless hindering without right of the 
functioning of a computer system by inputting, transmitting, deleting pr altering 
computer data or program. 
5. Misuse of Devices-
a. The use, production, sale, procurement, importation, distribution, or otherwise 
making available, without right, of: 
1. 
a device, including a computer program, designed or adapted primarily for 
the purpose of cOlmnitting any of the offenses under this Act; or 
11. 
a computer password, access code, or similar data by which the whole or 
any part of a computer system is capable of being accessed with intent that 
it be used for the purpose of cOimnitting any of the offenses under this 
Act;. 
b. a computer password, access code, or similar data by which the whole or any part 
of a computer system is capable of being accessed with intent that it be used for 
the purpose of cOimnitting any of the offenses under this Act;. 
Provided, That no criminal liability shall attach when the use, production, sale, 
procurement, importation, distribution, or otherwise making available, or 
possession of computer devices/data referred to is for the authorized testing of a 
computer system. 
3 


13. Computer-related Offenses: 
l. Computer-related Forgery - (a) the intentional input, alteration, or deletion of allY 
computer data without right resulting in inauthentic data with the intent that it be 
considered or acted upon for legal purposes as if it were authentic, regardless whether 
or not the data is directly readable and intelligible; (b) the act of knowingly using 
computer data which is the product of computer-related forgery as defined herell1, [or 
the purpose of perpetuating a fraudulent or dishonest design. 
2. Computer-related Fraud - the intentional and unauthorized input, alteration, or 
deletion of computer data or program or interference in the functioning of a computer 
system, causing damage thereby, with the intent of procuring an economic benefit [or 
oneself or for another person or for' the perpetuation of a fraudulent or dishonest 
activity; Provided, that if no damage has yet been caused, the penalty imposable shall 
be one degree lower. 
C. Content-related Offenses: 
1. Cybersex - any person who establishes, maintains or controls, directly or indirectly 
any operation for sexual activity or arousal with the aid of or through the use of a 
computer system, for a favor or consideration. 
2. Child Pornography - any person who willfully engages in the following acts: 
a. Producing child pornography through a computer system; 
b. Offering or making, available child pornography through a computer system; 
c. Distributing or transmitting child pornography through a computer system; 
d. Procuring child pornography through a computer system for oneself or [or another 
person; or 
e. Possessing child pornography materials in the computer system or on a computer 
data storage medium. 
For purposes of this Section, the ternl "child pornography" shall include pornographic 
material .that visually depicts: (a) a minor engaged in sexually explicit conduct; (b) a person 
appearing to be a minor engaged in sexually explicit conduct; (c) realistic images representing a 
minor engaged in sexually explicit conduct. 
3. Unsolicited Commercial COinmumcations. 
The transmission o[ commercial 
electronic communication with the use of computer system which seek to advertise, 
sell, or offer for sale products and services are prohibited unless: 
a. There is a prior affirmative consent from the recipient; or 
b. The following conditions are present: 
i. 
The commercial electronic communication contains a simple, valid, and 
reliable way for the recipient to reject receipt of fWiher commercial 
electronic messages ('opt-out') from the same source; 
ll. 
The commercial electronic communication does not purposely disguise the 
source of the electronic message; and 
lIl. 
The commercial electronic communication does not purposely include 
misleading information in any part of the message in order to induce the 
recipients to read the message. 
4 


SECTION 5, Other Offenses, The following acts shall also constitute an offense: 
I, Aiding or Abetting in the Commission of Cybercrime, - Any person who willfully abets 
or aids in the commission of any of the offenses enumerated in this Act shall be held 
liable, 
2, Attempt in the Commission of Cybercrime - Any person who willfully attempts to 
commit any of offenses emunerated in this Act shall be held liable, 
SECTION 6. Liability under other Laws. A prosecution under this Act shall be 
without prejudice to any liability for violation of any provision of the Revised Penal Code, as 
amended or special laws, 
CHAPTER ill - PENALTIES 
SECTION 7. Penalties. Any person found guilty of any of the punishable acts 
enumerated in Sections 4A and 4B of this Act shall be punished with imprisonment of prisioll 
mayor or a fine of at least Two Hundred Thousand Pesos (PhP200, 000,00) up to a maXlmum 
amount commensurate to the damage incurred or both, 
Any person found guilty of any of the punishable acts enumerated in Section 4C( I) of 
(his Act shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred 
Thousand Pesos (PhP200,000,00) but not exceeding One Million Pesos (PhP I ,000,000,00) or 
both, 
Any person found guilty of any of the punishable acts enumerated in Section 4C(2) of 
this Act shall be punished with imprisonment of prision correcional or a fine of at least One 
Hundred Thousand Pesos (PhPlOO,OOO,OO) but not exceeding Five Hundred Thousand Pesos 
(PhP500,000,00) or both, 
Any person found guilty of any of the punishable acts enumerated in Section 4C (3) shall 
be punished with imprisonment of arresto mayor or a fine of at least Fifty Thousand Pesoss 
(PhP50,000,00) but not exceeding Two Hundred Fifty Thousand Pesos (PhP250,000,00) or both, 
Any person found guilty of any of the punishable acts enumerated in Section 5 shall be 
punished with imprisonment one degree lower than that of the prescribed penalty for the offense 
or a fine of at least One Hundred Thousand Pesos (PhPl,OOO,OOO,OO) but not exceeding Five 
Hundred Thousand Pesos (PhP500,000,00) or both, 
SECTION 8. Corporate Liability. When any of the punishable acts herein defined are 
knowingly committed on behalf of or for the benefit of a juridical person, by a natural persall 
acting either individually or as part of an organ of the juridical person, who has a leading 
position within in, based on (a) a power of representation of the juridical person, (b) an authority 
to take decisions on behalf of the juridical person, or (c) an authority to exercise control within 
the juridical person, the juridical person shall be held liable for a fine equivalent to at least 
double the fines imposable in Section 7 up to a maximum of Ten Million Pesos 
(PhpIO,OOO,OOO,OO), 
If the commission of any of the punishable acts herein defined was made possible due (0 
the lack of supervision or control by a natural person referred to and described in the preceding 
paragraph, for the benefit of that juridical person by a natural person acting under its authority, 
the juridical person shall be held liable for a fine equivalent to at least double the fines imposable 
in Section 7 up to a maximum ofFive Million Pesos (Php5, 000,000,00), 
5 


The liability imposed on the juridical person shall be without prejudice to the criminal 
liability of the natural person who has committed the offence. 
CHAPTER IV - ENFORCEMENT AND IMPLEMENTATION 
SECTION 9. Real-time Collection of Computer Data. Law enforcement authorities, 
with due cause, and upon securing a court warrant, shaH be authorized to coHect or record by 
technical or electronic means, and service providers are required to collect or record by technical 
or electronic means, and/or to cooperate and assist law enforcement authorities in the collection 
or recording of, traffic data, in real-time, associated with specified communications transmitted 
by means of a computer system. 
SECTION 10. Preservation of Computer Data. -- The integrity of tramc data and 
subscriber information relating to communication services provided by a service provider shall 
be preserved for a minimum period of six (6) months from the date of the transaction; Content 
data shall be similarly preserved for six (6) months from the data of receipt of the order from law 
enforcement authorities requiring its preservation. Law enforcement authorities may order a one-
time extension for another six (6) months provided that once computer data preserved, 
transmitted or stored by a service provider:' is used as evidence in a case, the mere furnishing to 
such service provider of the transmittal document to the Office of the Prosecutor shall be deemed 
a notification to preserve the computer data until the termination of the case, 
The service provider ordered to preserve computer data shaH keep confidential the order 
and its compliance. 
SECTION 11. Disclosure of Computer Data. Law enforcement authorities, upon 
securing a court warrant, shall issue an order requiring any person or service provider to disclose 
or submit subscriber's information, traffic data or relevant data in his/its possession or control 
within seventy two (72) hours from receipt of the order in relation to a valid complaint officially 
docketed and assigned for investigation and the disclosure is necessary and relevant for the 
purpose of investigation. 
SECTION 12. Search, Seizure, and, Examination of Computer Data. Where a search 
and seizure warrant is properly issued, the law enforcement authorities shall likewise have the 
following powers and duties: 
Within the time period specified in the warrant, to conduct interception, as defined in this 
Act, content of communications, procure the content of data either directly, through access and 
use of computer system, or indirectly, through the use of electronic eavesdropping or tapping 
devices, in real time or at the same time that the communication is occurring and to' 
a. To secure a computer system or a computer data storage medium; 
b. To make and retain a copy of those computer data secured; 
c. To maintain the integrity of the relevant stored computer data; 
d. To conduct examination ofthe computer data storage medium; and 
e. To render inaccessible or remove those computer data in the accessed computer or 
computer and conununications network. 
Pursuant thereof, the law enforcement authorities may order any person who has 
knowledge about the functioning of the computer system and the measures to protect and 
preserve the computer data therein to provide, as is reasonable, the necessary infonnation, to 
enable the undertaking of the search, seizure and examination. 
6 


Law enforcement authorities may request for an extension of time to complete the 
exam illation of the computer data storage mediwn and to make a return thereon but in no case 
for a period longer than thirty (30) days from date of approval by the court. 
SECTION 13. Non-compliance. Failure to comply with the provisions of Chapter ]V 
hereof specifically the orders from law enforcement authorities shall be punished as a violation 
of p.o. No. 1829 with imprisonment ofprision correctional in its maximum period or a fine of 
One Hundred Thousand Pesos (Php1,000,000.00) or both, for each and every non-compliance 
with an order issued by law enforcement authorities. 
SECTION 14. Duties of Law Enforcement Authorities. -- To ensure that the technical 
nature of cybercrime and its prevention is given focus and considering the procedures involved 
for international cooperation, law enforcement authorities specifically the computer or 
technology crime divisions or units responsible for the investigation of cybercrimcs are required 
to submit timely and regular reports including pre-operation, post- operation and investigation 
results and such other documents as may be required to the Department of Justice (DOJ) for 
review and monitoring. 
CHAPTER V - JURISDICTION 
SECTION 15 .• Jurisdiction. The Regional Trial Court shall have jurisdiction over any 
violation of the provisions of this Act including any violation committed by a Filipino national 
regardless of the place of commission. Jurisdiction shall lie if any of the clements was committed 
within the Philippines or committed with the use of any computer system wholly or partly 
situated in the country, or when by such commission any damage is caused to a natural or 
juridical person who, at the time the offense was committed, was in the Philippmes. 
CHAPTER VI - INTERNATIONAL COOPERATION 
SECTION 16. General principles relating to international cooperation. - All relevant 
international instmments on international cooperation in criminal matters, arrangements agreed 
on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible 
for the purpose of investigations or proceedings concerning criminal offenses related to computer 
systems and data, or for the collection of evidence in electronic fonn of a criminal offense shall 
be given full force and effect. 
SECTION 17. Applicability of the Convention on Cybercrime. - The proviSIOns of 
Chapter III of the Convention on Cybercrime shall be directly applicable in the implementation 
of this Act as it relates to international cooperation taking into account the procedural laws 
obtaining in the jurisdiction. 
CHAPTER VIl- COMPETENT AUTHORITIES 
SECTION 18. Department of Jnstice. - The Department of Justice (DOJ) shall be 
responsible [or extending immediate assistance for the purpose of investigations or proceedings 
concerning criminal offenses related to computer systems and data, or for the collection of 
electronic evidence of a criminal offense and to otherwise ensure that the provisions of this law 
are complied. In this regard, there is hereby created a DOJ Office of Cybercrime for facilitating 
or directly carrying out the provisions of technical advice, preservation of data, collection of 
evidence, giving legal information and locating suspects and all other cybercrime matters related 
to investigation and reporting issues. 
7 


SECTION 19. Commission on Information and Communications Technology. - The 
Commission on Information and Commnnications Technology (crCT) shall be responsible for 
formulating and implementing a national cyber security plan and extending immediate assIstance 
for the suppression of real-time commission of cybercrime offenses through a computer 
emergency response team (CERT). In this regard, there is hereby created a CICT National Cyber 
Security Office to carry out the above responsibilities and all other matters related to cybercrime 
prevention and suppression, including capacity building. 
CHAPTER VlIl- CYBERCRIME INVESTIGATION AND 
COORDINATION CENTER 
SECTION 20. Cybercrime Investigation and Coordinating Center. There is hereby 
created, within thirty (30) days from the effectivity of this Act, a Cybercrime Investigation and 
Coordinating Center, hereinafter referred to as CICC, under the control and supervision of the 
Office of the President, to formulate and implement the national cyber security plan. 
SECTION 21. Composition. -- Tile cree shall be headed by the ehainn"Jl of the 
Commission on Information and Communications Technology as Chairman; with the Director of 
the NBI as Vice-Chairman; Chief of the PNP; Chief of the National Prosecution Service (NPS), 
and the Head of the National Computer Center (NCC) as members. 
The CICC shall be manned, by a secretariat of selected personnel and representatives 
from the different participating agencies. 
SECTION 22. Powers and Functions. The crcc shall have the following powers and 
functions: 
a. To prepare and implement appropriate and effective measures to prevent and suppress 
cybercrime activities as provided in this Act; 
b. To monitor cybercrime cases being handled by participating law enforcement and 
prosecution agencies; 
C. 
To facilitate international cooperation on intelligence, investigations, training and 
capacity building related to cybercrime prevention, suppression and prosecution; 
d. To coordinate the support and participation of the business sector, local government 
units, and non-government organizations in cybercrime prevention programs and other 
related projects; 
C. To recommend the enactment of appropriate laws, issuances, measures and policies; 
f. 
To call upon any government agency to render assistance in the accomplishment of the 
crce's mandated tasks and functions; 
g. To perform such other functions and duties necessary for the proper implementation of 
this Act. 
8 


CHAPTER IX - I?INAL PROVISIONS 
SECTION 23. Appropriations. The amount of ten million pesos (PhpJO,OOO,OOO.OO) 
shall be appropriated annually for the implementation of this Act. 
SECTION 24. Implementing Rules and Regulations. The Department of Justice in 
consultation with the Commission on Information and Communication Technology shall 
formulate the necessary rules and regulations for the effective implementation of this Act 
including the creation and establishment of a national cyber security office with the relevant 
computer emergency response council or team. 
SECTION 25. Separability Clause. If any provision of this Act is held invalid, the 
other provisions not .affected shall remain in full force and effect. 
SECTION 26. Repealing Clause. All laws, decrees, or rules inconsistent with this Act 
are hereby repealed or modified accordingly. Section 33 of Republic Act No. 8792 or the 
Electronic Commerce Act is hereby modified accordingly. 
SECTION 27. Effectivity. -- This Act shall take effect fifteen (15) days after the 
completion of its publication in the Official Gazette or in at least two (2) newspapers of general 
circulation 
Approved, 
9