Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS:
First Regular Session

H.B.No,__ 514

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

Internet use in the Philippines has grown rapidly in the past decade. It has given rise to
countless opportunities to a lot of Filipinos in every field imaginable. It has served as venue for
growth and development in businesses, trade, engineering, arts and sciences and has sped up
the exchange of information about practically all aspects of life. It has since been an integral
part of our daily lives.

However, the internet also has its own disadvantages and one of these is cybercrime.
Ordinarily, cybercrime is defined as any illegal and criminal activity committed on the internet.
These include unlawful acts where information technology is used either a tool or target, or both,
in the commission of such unlawful acts. Any criminal activity that employs a computer either as
an instrumentality, target or a means for the commission of other illegal acts also goes within
the range of cybercrime.

In recent years, we have witnessed how cybercrime has emerged as the latest and most
complicated problem in the cyber world. Criminal activities in the cyberspace are on the rise.
Computers today are being misused for illegal activities like e-mail espionage, credit card fraud,
spams, and software piracy, which not only invade our privacy but also offend our senses. On
many instances, the computer have been utilized as an instrument in the following illegal
acti

ities: financial crimes, sale of illegal or stolen articles, pornography, online gambling, crimes
impinging on intellectual property rights, e-mail spoofing, forgery, cyber defamation, and even
oyber stalking.

On the other hand, the computer may has also been the object of other unlawful acts
such as, but not limited to, illegal access or hacking, theft of information contained in electronic
form, e-mail bombing, virus attacks, internet time thefts and so forth. Examples of these types of
conducts include illegal access or access to the whole or any part of a computer system without
proper authorization, illegal interception or the interception without right made by technical
means, of non-public transmission of computer data to, from or within a computer system, data


interference or the damaging, deletion, deterioration, alteration or suppression of computer data
without proper authority, system interference or the serious hindering without right of the
fimctioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating,
altering or suppressing computer data, misuse of devices, forgery and fraud.

Cybercrime is an actual danger to democracy, human rights and the rule of law. It is a
dangerous reality which has to be taken seriously at the highest level. Measures to fight and
prevent cybercrme must be based on laws that fully respect civil liberties. Thus, it is of utmost
importance that an efficient protection and prevention method be developed to combat
cybercrime.

In view of the foregoing, the immediate approval of this measure is earnestly sought.

JUAN E] RDO “SONNY” M. ANGARA
Represérifative ‘
Lone District, Province of Aurora


FIFTEENTH CONGRESS OF THE _)
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

WB.No.__511

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
DEFINING CYBERCRIME, PROVIDING FOR PREVENTION,
SUPPRESSION AND IMPOSITION OF PENALTIES THEREFOR
AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Title. This Act shall be known as the “Cybercrime Prevention Act of
2010.” ‘

SEC. 2. Declaration of Policy. The State recognizes the increasingly vital role of
information and communications technology (ICT) as an enabler of key industries such as,
banking, broadcasting, business process outsourcing, electronic commerce and
telecommunications, and as a driving force for the nation’s overall social and economic
development, The State also recognizes the importance of providing an environment conducive
to the development, acceleration and application of ICT to attain free, easy and intelligible
access to exchange and/or delivery of information; and the need to protect and

safeguard the integrity of computer and communications systems, networks and database, and
the confidentiality, integrity and availability of information and data stored therein, from all forms
of misuse, abuse and illegal access by making such conduct punishable under the law. 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.

SEC. 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, storage of data in, retrieval of
data from, or otherwise making use of any resource of a computer system.

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 non-
voice data.

D. Computer system refers to any device or group of interconnected or related devices,
one or more of which, pursuant to a program, performs automated processing of
data. It covers any type of device with data processing capabilities including, but not
limited to, computers and mobile phones. The device consisting of hardware and
software may include input, output and storage components which may stand alone
or be connected in a network or other similar devices. It also includes computer data
storage devices or media.

E. Computer data refers to any representation of facts, information or concepts in a
form suitable for processing in a computer system, including any program capable of

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causing a computer system to perform a function, as well as electronic documents or
electronic data messages.

F. Computer program refers to a set of instructions executed by the computer to
achieve intended results.

G. Conduct without right refers to either: (1) conduct undertaken without or in excess of
authority; or (2) conduct not covered by established legal defenses, excuses, court
orders, justifications or relevant principles under the law.

H. Database refers to a representation of information, knowledge, facts, concepts or
instructions which are being prepared, processed or stored or have been prepared,
processed or stored in an organized manner and which are intended for use in a
computer system.

|. Interception refers to listening to, recording, monitoring or surveillance of the content
of communications, including procurement of the content of data, either directly,
through access and use of a computer system or indirectly, through the use of
electronic eavesdropping or tapping devices, at the same time that the
communication is occurring.

J. Phishing refers to the act of securing personal information such as username,
password, bank account numbers and credit card details for the purpose of using it in
fraud, or for participating in fraudulent business practices, or for the purpose of
identity theft and misrepresentation.

K. 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; or (2) any other
entity that processes or stores computer data on behalf of such communication
service or users of such service.

L. Subscriber's information refers to any information contained in the form of computer
data or any other form that is held by a service provider, relating to subscribers of its
services other than traffic or content data and by which can be established: (1) the
type of communication service used, the technical provisions taken thereto and the
period of service; (2) the subscriber's identity, postal or geographic address,
telephone and other access number, any assigned network address, billing and
payment information, available on the basis of the service agreement or
arrangement; or (3) any other available information on the site of the installation of
communication equipment, available on the basis of the service agreement or
arrangement

M. Traffic data or non-content data refers to any computer data other than the content of
the communication including, but not limited to, the communication's origin,
destination, route, time, date, size, duration or type of underlying service

CHAPTER II
PUNISHABLE ACTS

SEC. 4. Cybercrime Offenses. The following acts constitute the offenses 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) Illegal 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, 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 that
communication in the normal course 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 or altering
computer data or program.

(5) Misuse of Devices.

(a) The use, production, sale, procurement, importation, distribution or otherwise
making available, without right, of:

() A device, including a computer program, designed or adapted primarily
for the purpose of committing any of the offenses under this Act; or

(ii) A computer password, access code, or similar data by which the whole or
any part of a computer system is capable of being accessed with the
intent that it be used for the purpose of committing any of the offenses
under this Act.

(b) The possession of an item referred to in paragraphs A, 5(a) (i) or (ji) herein
with the intent to use said devices for the purpose of committing any of the
offenses under this section: 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.

B. Computer-related Offenses
(1) Computer Forgery.

(a) The intentional input, alteration or deletion of any computer data, without right
resulting in unauthentic data with the intent that it be considered or acted
upon for legal purposes as if it were authentic, regardless whether or not the
data is directly readable and intelligible; or

(b) The act of knowingly using a computer data which is the product of computer-
related forgery as defined herein, for the purpose of perpetuating a fraudulent
or dishonest design.

(2) Computer-Related Fraud. The intentional and unauthorized input, alteration, or
deletion of computer data or program or interference in the functioning of a
computer system including, but not limited to, phishing, causing damage thereby,
with the intent of procuring an economic benefit for 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. Engaging in any of the following acts:

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()) Establishing, maintaining or controlling, 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;

(ii) Recording private acts including, but not limited to, sexual acts, without the
consent of all parties to the said acts or disseminating any such recording by
any electronic means with or without the consent of all parties to the said
acts;

(iii) Coercing, intimidating or fraudulently inducing another into doing such
indecent acts for exhibition in the internet with the use of computer
technologies;

(iv) Exhibiting live or recorded shows depicting sexual or other obscene or
indecent acts;

(v) Posting of pictures depicting sexual or other obscene or indecent acts;

(vi) Establishing, financing, managing, producing or promoting a cybersex
operation;

(vii)Participating, in whatever form, in the cybersex operation; and

(viii) Coercing, threatening, intimidating or inducing anyone to participate in the
cybersex operation.

(2) Child Pornography. Engaging in any of the following acts:

(a) Producing child pornography for the purpose of distribution through a
computer system;

(b) Offering or making available child pornography through a computer system;
(c) Distribution or transmitting child pornography through a computer system;

(d) Procuring child pornography through a computer system for oneself or for
another person; or

(e) Possessing child pornography materials in the computer system or on a
computer data storage device or medium.

For the purposes of this section, the term “child pornography” shall include
pornographic material that visually depicts: (i) a minor engaged in sexually
explicit conduct; (ii) a person appearing to be a minor engaged in sexually explicit
conduct; or (ii) realistic images representing a minor engaged in sexually explicit
conduct.

(2) Unsolicited Commercial Communications. The transmission of commercial
electronic communication with the use of a 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:
(). The commercial electronic communication contains a simple, valid and
reliable way for the recipient to reject receipt of further commercial

electronic communication from the same source, also referred to as opt-
out;


(i) The commercial electronic communication does not purposely disguise
the source of the electronic message; and

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.

SEC. 5. Other Offenses. The following acts shall also constitute an offense:

(a) 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; or

(b) Attempt to Commit Cybercrime. Any person who willfully attempts to commit
any of offenses enumerated in this Act shall be held liable.

SEC. 6. Liability Under Other Laws. A prosecution under this Act shall be without
prejudice to any liability for violation of any provision of Republic Act No. 3815, as amended,
otherwise known as the Revised Penal Code, or any other law.

CHAPTER Ill
PENALTIES

SEC. 7. Penalties. The following penalties shall be imposed on violations under this
Act:

(a) Any person found guilty of any of the punishable acts enumerated in Section
4(A) and 4(B) of this Act shall be punished with imprisonment of prision
mayor or a fine of at least Two hundred thousand pesos (P200,000.00) up to
a maximum amount commensurate to the damage incurred or both;

(b) Any person found guilty of any of the punishable acts enumerated in Section
4(C)(1) of this Act shall be punished with imprisonment of prision mayor or a
fine of at least Two Hundred Thousand Pesos (P200,000.00) but not
exceeding One Million Pesos (P1,000,000.00) or both;

(©) Any person found guilty of any of the punishable acts enumerated in Section
4(C)(2) of this Act shall be punished with imprisonment of reclusion temporal
or a fine of at least Two Hundred Fifty Thousand Pesos (P250,000.00) but
not exceeding One Million Two Hundred Fifty Thousand Pesos
(P1,250,000.00) or both;

(d) Any person found guilty of any of the punishable acts enumerated in Section
4(C)(3) shall be punished with imprisonment of arresto mayor or a fine of at
least Fifty Thousand Pesos (P50,000.00) but not exceeding Two Hundred
Fifty Thousand (P250,000.00) or both; and ‘oon

(e) 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 (P100,000.00) but not exceeding Five Hundred Thousand Pesos
(P500,000.00) or both.

SEC. 8. Corporate Liability. When any of the punishable acts herein defined is
knowingly committed in behalf of or for the benefit of a juridical person, by a natural person
acting either individually or as part of an organ of the juridical person, who has a leading
position within, based on:


(a) A power representation of the juridical person;
(b) An authority to take decision 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 (P10,000,000.00).

When the commission of any of the punishable acts herein defined was made possible
due to the lack of supervision or contro! by a natural person referred to and described in the
preceding paragraph, for the benefit of that juridical person by a natural person acting under its
authority, the juridical person shall be held liable for a fine equivalent to at least double the fines
imposable in Section 7 up to a maximum of Five Million Pesos (P5,000,000.00),

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

CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION

SEC. 9. Law Enforcement Agencies. The National Bureau of Investigation (NBI) and
the Philippine National Police (PNP) shall be responsible for the efficient and effective law
enforcement of the provisions of this Act. The NBI and the PNP shall designate special
investigators to exclusively handle cases involving violations of this Act.

SEC. 10. Real-time Collection of Computer Data. Law enforcement authorities shall
be authorized to collect 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
the specified communications transmitted by means of a computer system, subject to existing
laws and procedures.

SEC. 11. Preservation of Computer Data. The integrity of traffic data and subscriber
information relating to communication services provided by a service provider shall be
preserved up to a minimum period of six (6) months from the date of the transaction, Content
data shall be preserved for a minimum period of six (6) months from the date of receipt of the
order from law enforcement authorities requiring its preservation.

Law enforcement authorities may order a one-time extension of six (6) months:
Provided, That once computer data preserved, transmitted or stored by a service provider is
used as evidence in a case, the mere furnishing to such service provider of the transmittal
document to the Office of the Prosecutor .
shall be deemed a notification to preserve the computer data until the termination of the case.

The service provider ordered to preserve computer data shall keep confidential the order
and its compliance.

SEC. 12. Disclosure of Computer Data. Law enforcement authorities shall be
authorized to 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
investigation purposes


SEC. 13. Search, Seizure and Examination of Computer Data. Where a search and
seizure warrant is properly issued, law enforcement authorities shall, within the time period
specified in the warrant, have the following powers and duties:

(a) To conduct interception, as defined in this Act, of content data:To secure a
computer system or a computer data storage medium;

(b) To make and retain a copy of secured computer data;

(c) To maintain the integrity of the relevant stored computer data;

(d) To conduct examination of the computer data storage medium; and

(e) To render inaccessible or remove those computer data in the accessed
computer system.

The law enforcement authorities may order any person who has knowledge about the
functioning of the computer system and the measures to protect and preserve the computer
data therein to provide, as is reasonable, the necessary information, to enable the undertaking
of the search, seizure and examination.

Law enforcement authorities may request for an extension of time to complete the
examination of the computer data storage medium and to make a return thereon but in no case
for a period longer than thirty (30) days from date of expiration of the warrant

CHAPTER V
JURISDICTION

SEC. 14, Jurisdiction. The Regional Trial Court shall have jurisdiction over any
violation of the provisions of this Act committed within the territory of the Philippines, including
Philippine ships or airships, or by a Filipino national regardless of the place of commission.
Jurisdiction shall also cover any of the elements committed within the Philippines or committed
with the use of any computer system wholly or partly situated in the country, or when by such
commission, any damage is caused to a natural or juridical person who, at the time the offense
was committed, was in the Philippines.

The Department of Justice (DOJ) shall designate special prosecutors to exclusively
handle cases involving violations of this Act.

CHAPTER VI
INTERNATIONAL COOPERATION

SEC, 15. Mutual Assistance and Cooperation. The government of the Philippines
shall cooperate with, and render assistance to other nations for purposes of detection,
investigation and prosecution of offenses referred to in this Act and in the collection of evidence
in electronic form in relation thereto. The principles contained in Presidential Decree No. 1069,
otherwise known as the Philippine Extradition Law and other pertinent laws shall apply.

In this regard, the government of the Philippines shall:

A. Provide assistance to a requesting nation in the real-time collection of traffic data
associated with specified communications in the Philippine territory transmitted by
means of a computer system, with respect to criminal offenses defined in this Act for
which real-time collection of traffic data would be available;

B. Provide assistance to a requesting nation in the real-time collection, recording or
interception of content data of specified communications transmitted by means of a

7


computer system to the extent permitted under Republic Act No. 4200, otherwise
known as the “Anti-Wiretapping Act,” Republic Act No. 9372, otherwise known as the
“Human Security Act of 2007,” and other related and pertinent laws;

Allow another nation, without its authorization to:

(1) Access publicly available stored computer data, located in Philippine territory, or
elsewhere; or

(2) Access or receive, through a computer system located in Philippine territory,
stored computer data located in another country, if the nation obtains the lawful
and voluntary consent of the person who has the lawful authority to disclose the
data to the nation through that computer system;

Entertain a request of another nation for it to order or obtain the expeditious
preservation of data stored by means of a computer system, located within Philippine
territory, relative to which the requesting nation intends to submit a request for
mutual assistance for the search or similar access, seizure or similar securing, or
disclosure of the stored computer data:

(1) A request for preservation of data under this section shall specify:
()) The authority seeking the preservation;

(ii) The offense that is the subject of a criminal investigation or proceedings and
a brief summary of the related facts;

(iii) The stored computer data to be preserved and its relationship to the offense;
(iv) The necessity of the preservation; and

(v) That the requesting nation intends to submit a request for mutual assistance
for the search or similar access, seizure or similar securing, or disclosure of
the stored computer data.

(2) Upon receiving the request from another nation, the government of the
Philippines shall take all appropriate measures to preserve expeditiously the
specified data in accordance with this Act and other pertinent laws. For the
purposes of responding to a request, dual criminality shall not be required as a
condition to providing such preservation;

(3) A request for preservation may only be refused if:

(i) The request concerns an offense which the government of the Philippines
considers as a political offense or an offense connected with a political
offense; or

(ii) The government of the Philippines considers the execution of the request will
prejudice its sovereignty, security, public order or other national interest.

(4) Where the government of the Philippines believes that preservation will not
ensure the future availability of the data, or will threaten the confidentiality of, or
otherwise prejudice the requesting nation’s investigation, it shall promptly so
inform the requesting nation. The requesting nation will determine whether its
request should be executed; and

(5) Any preservation effected in response to the request referred to in paragraph (a)
shall be for a period not less than sixty (60) days, in order to enable the
requesting nation to submit a request for the search or similar access, seizure or
similar securing, or disclosure of the data. Following the receipt of such a
request, the data shall continue to be preserved pending a decision on that
request.


E. Accommodate request from another nation to search, access, seize, secure, or
disclose data stored by means of a computer system located within Philippine
territory, including data that has been preserved under the previous subsection. The
government of the Philippines shall respond to the request through the proper
application of international instruments, arrangements and laws:

(1) The request shall be responded to on an expedited basis where:

(i) There are grounds to believe that relevant data is particularly vulnerable to
loss or modification; or

(ii) The instruments, arrangements and laws referred to in paragraph (B) of this
section otherwise provide for expedited cooperation

(2) The requesting nation must maintain the confidentiality of the fact or the subject
of request for assistance and cooperation. It may only use the requested
information subject to the conditions specified in the grant.

SEC. 16. Grounds for Refusal to Cooperate. The government of the Philippines shall
have the right to refuse cooperation under any of the following grounds:

A. The offense is punishable under Philippine laws and the Philippine courts have
acquired jurisdiction over the person of the accused;

B. The information requested is privileged, protected under Philippine laws, or that
which affects national security;

C. If, for any reason, the production of the information is unreasonable;

D. The foreign government requesting for assistance has previously refused without
justifiable reason, a similar request by the government of the Philippines; and

E. The foreign government requesting for assistance has previously breached an
agreement to keep the fact or subject of request confidential, or has previously
violated any condition of the grant.

SEC. 17. Cooperation Based on Reciprocity. In the absence of a treaty or
agreement, mutual assistance and cooperation under the preceding sections in this Chapter
shall be based on the principle of reciprocity,

CHAPTER VII
CYBERCRIME INVESTIGATION AND COORDINATING CENTER

SEC. 18. 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 the CIC, under the contro! and supervision of
the Office of the President, to formulate and implement the national cyber security plan.

SEC. 19. Composition. The CICC shall be headed by the Chairman of the Commission
‘on Information and Communications Technology as Chairman with the Director of the NBI as
Vice Chairman; the Chief of the PNP, the 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.


SEC. 20. Powers and Functions. The CICC shall have the following powers and
functions:

A. To prepare and implement appropriate and effective measures to prevent and
suppress cybercrime activities as provided for 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 nongovernment organizations in cybercrime prevention programs and
other related projects;

E. 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 CICC’s mandated tasks and functions; and

G. To perform such other functions and duties necessary for the proper
implementation of this Act.

CHAPTER VIII
FINAL PROVISIONS

SEC. 21. Appropriations. The amount necessary to implement the provisions of this
‘Act shall be included in the annual General Appropriations Act.

SEC. 22. Implementing Rules and Regulations. The CICT and the DOJ shall jointly
formulate the necessary rules and regulations for the effective implementation of this Act.

SEC. 23. Separability Clause. If any provision of this Act is held invalid, the other
provisions not affected shall remain in full force and effect.

SEC. 24. Repealing Clause. All laws, decrees or rules inconsistent with this Act are
hereby repealed or modified accordingly. Specifically, Section 33 of Republic Act No. 8792 or
the Electronic Commerce Act is hereby modified accordingly.

SEC. 25. Effectivity. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

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