FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF TEE PHILIPPINES ) 
Second Regular Session 
) 
SENATE 
S. NO. 
Introduced by Senator Antonio “S 
EXPLANATORY NOTE 
Information and Communications Technologies (ICTs) have revolutionized our lifestyle. 
Computers have evolved into a versatile instrument in modem society. Computer networks have 
become essential in maintaining and operating vital infrastructures. The ICT has opened up an 
endless spectrum of possibilities both in terms of communication and commerce. If has enabled 
linkages among individuals and organizations in doing business. 
ICT enhances and promotes efficiency in facilitating the exchange and delivery of information. 
The introduction of computers and computer nettvorks facilitated faster and better data storage, 
information exchange and communications. Computers also helped improve banking, 
telecommunications, engineering and data handling. 
It is sad to note however, that despite the advances that we were able to achieve in the field of 
Information and Communications Technology, new breed of deviants, new forms of criminals 
and criminal activities arose such as unauthorized acquisition of vital andor confidential 
information by third parties seeking to profit or benefit from the, utilization of such information. 
With the development of new forms of crimes, cybercrime legislation must be an immediate 
concern of Congress. It is clear however, that even with existing Philippine laws, there still exist 
a need to provide a comprehensive policy framework that would set regulations on cybercrimes. 
There is a need for the Philippines to have a law that will define cj%ercrimes, identi@ punishable 
acts involving computers with corresponding penalties, determine legal procedures for the 
investigation and prosecution of cybercrimes, clarify jurisdictions, provide for a clause on mutual 
assistance and cooperation, and identify a local body that shall be responsible for providing a 
2417 assistance to foreign entities in the resolution of cykrcrime cases. 
It is hoped that thru the passage of this bill, cybercriminals will be discouraged from indulging 
into illegal acts. Moreover, the passage of this bill will send a clear signal to the International 
community that our country is serious in combating, and does not tolerate, cyber crimes. 
In view of the foregoing, immediate passage of this bill is earnestly sought. 
Senator 
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FOURTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PEILIPPINES ) 
Second Regular Session 
1 
SENATE 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
Y 
AN ACT 
DEFINING CYBERCRLME, PROVIDING FOR PREVENTION, SUPPRESSION AND 
IMPOSITION OF PENALTLES THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled. 
CHAPTER I - PRELIMINARY PROVISIONS 
SECTION 1. Tide. - This Act shall he known as the “Cybercrime Prevention Act of 
2009”. 
SEC. 2. Declaration of Policy. --The State recognizes the vital role of information and 
content industries, such as 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 C O ~ P U ~ ~ F ,  
computer and communication 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 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. 
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, storing data in, retrieving data 
from, or otherwise making use of any resources of a computer, computer and 
communications network, or database; 
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b.) Alteration - refers to the modification or change, in form or substance, of an existing 
computer data or program; 
c.) Communication - rerers to the transmission of infomation, including voice and non- 
voice data; 
d.) Computer - refers to any device or apparatus which by electronic, electro- 
mechanical, or magnetic impulse, or by other means, is capable of receiving, recording, 
transmitting, storing, processing, retrieving, or producing information, data, figures, 
symbols, or other modes of expression according to mathematical and logical rules of 
pegonning anyone or more of those functions, including its associated devices and 
peripherals; 
e.) Computer Data - refers to any representation of facts, information, 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; 
f.) Computers and Communications Network or Networks - refers to: 
i. a group of computers, associated devqces, andl or its peripherals that are 
connected either permanently or temporarily, wired or wireless, by transmission 
and or communications facilities which facilitate and/ or provide the means of 
sending, communicating, processing an& or transmitting voice an& or non-voice 
data and or information electronically ; or 
ii. a group of interconnected or related devices, including, but not limited to, a 
group of interconnected computers, private exchange branch (PBX) wired or 
wireless, telecommunications switching equipment, one or more of which, pursuant 
to a program, perfomautomatic processing of data; 
g.) Computer Program - refers to a set of instructions executed by the computer to 
achieve intended results; 
h.) 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; 
i.) Cybercrime - refers to any offense that can be committed by using a computer or 
communications system or network in a computer or communications system or network 
against a computer or cominunications system or network; 
j.) Cybersex or Virtual Sex - refers to any form of sexual activity or arousal with the aid 
of computers or communications network; 
k.) Damage - in the general sense, refers to damage or injury as defined under the 
applicable laws, including but not limited to the relevant provision of the Civil Code of 
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the Philippines. In the limited sense, it means my impainnent to the integrity or 
availability of a computer data, program, system information, or network; 
With respect fo computer data OF programs as used in this Act, the words “damaging” 
and “deteriorating” are synonymous; 
1.) Database - refers to a representation of information, knowledge, facts, concepts, or 
instructions which are being prepared or processed or have been prepared or processed in 
a formalized manner and which are intended for use in a computer, computer and 
communications network, computer server, or database; 
m.)Deletion - refers to the destruction or impairment of infomation or data contained in 
a computer or computer and communications network by making them unrecognizable or 
by totally or partially obliterating the information or data from the computer or computer 
network; 
n.) Distribution - refers to the active dissemination of data, information or material using 
the computer and/ or communications computer network; 
0.) Electronic Data Message - refers to infomation generated, sent, received, or stored 
by electronic, optical, or similar means; 
p.) Electronic Document - refers to the information or the representation of information, 
data, figures, symbols, or other modes or written expression, described or however, 
represented, by which a right is established or an obligation extinguished, or by which a 
fact may be proved and affirmed, which is received, recorded, transmitted, stored, 
processed, retrieved, or produced in and through computer a i d  or computer and 
communications networks; 
4.) Interception - refers to listening to, recording, monitoring or surveillance of the 
content of communications, including producing of the content of data, either directly, 
through access and use of the computer or computer and communications network or 
indirectly, through the use of electronic eavesdropping or tapping devices, at the same 
time that the communication is occurring; 
r.) Making available - refers to the placing of online devices, including but not limited 
to, the creation or compilation of hyperlinks in order to facilitate access to such devices, 
for the use of others; 
9.) Minor - refers to a person below eighteen (1 8) years of age or those beyond eighteen 
(I 8) years of age but whose menta1 capacity is that of a person below eighteen (1 8) years 
of age; 
t.) Non-Public Transmission -refers to the transmission of information or computer data 
between computer or computer and conununications networks that are not configured for 
public access; 
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u.) Procuring Data or Material - refers to the act of actively obtaining data, information 
or material by downloading the same from a computer or computer and communications 
network; 
v.) Protected Computeris - refers to any computer exclusively for the use of a financial 
institution or the government, or in the case of a computer not exclusively for use, used 
by or for a financial institution or the government, and the conduct instituting the 
offenses affects that use by or for the financial institution or the government; 
w.)Protected Works - refer to works, including but not limited to computer programs, 
systems, and design, protected under Philippine laws; 
x.) Service Provider - refers to the provider of: 
i. telecommunications and online services or network access, or the operator of 
communications and network facilities, therefore, including entities offering the 
transmission, routing, or providing of connections for online communications, 
digital or otherwise, between or among point specified by a user, of electronic 
documents of the user’s choosing; or 
ii. any other entity that processes or stores information on behalf of such 
communication service or users of such service; 
y.) Subscriber’s Information - refers to any infomation contained in the form of 
computer data or any other form that is held by a service provider, relating to the 
subscribers of its services other than traffic or content data and by which can be 
established 
i. the type of communication service used, the technical provisions taken thereto 
and the period of service. 
ii. the subscriber’s identify, 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; 
z.) Suppression of Computer Data - refers to any action that prevents or terminates the 
availability of the data to the person who has access to the computer or computer and 
communications network on which it was stored; 
aa.) 
By Technical Means - refers to the use of technical devices which are fixed to 
transmission lines, as well as devices such as software, passwords, and codes to collect 
and/ or record wireless communications or those communications passing through, or 
generated by computer or computer and coinmunications networks; 
bb.) Traffic Data or Non-Content Data - refers to any other 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. 
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CEUPTER I1 - PUNISaABLE ACTS 
SEC. 4. - The following acts constitute the offense of cybercrime punishable under this 
Computer Crime - any act committed by means of electronic operations that targets the 
security of computer or communications systems or network and the data processed by 
them such as but not limited to: 
1. Illegal Access - The access to the whole or any part of a computer or communications 
system or computer or comnunications network avi&out right 
2. Illegal Interception - The interception made by technical means without right of any 
non-public transmission of computer or communication data to, from, or within a 
computer or communication wWork, including electromagnetic emissions from a 
computer or communication network carrying such computer data: Provided, 
however, That it shall not be unlawful for an officer, employee, or agent of a service 
provider, ~vhose facilifies 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 thc rights or property of the sewice provider, except 
that the latter shall not utilize service observing or random monitoring except for 
mechanical or service control quality checks: Provided, further, That it shall not be 
unlawful for a person to intercept or record a communication where there is no 
reasonable expectation of privacy. 
3. Misuse of Devices - 
a. The use, production, sale, procurerntent, importation, distribution, or otherwise 
making available, without right, of: (1) a device, including a computer program, 
designed or adapted primarily for the purpose of committing any of the offenses 
under Section 4.1 to .4 hereof; or (2) a computer password, access code, or 
similar data by which the whole or any part of a computer or computer network 
is capable of being accessed; 
6. The possession of an item referred to in paragraphs (a} (I) or (2) above with 
intent to use said devices for the purpose of committing any of the offenses 
under Section 4.1 to 4.4 hereof. 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 
in paragraph 3(a) herein is for: (1) the authorized testing of a computer, 
computer network, or computer program; OF (2) purely academic purposes: 
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Provided, however, That in any event, before such devices are used on a 
computer or computer network, the prior consent of the owner of the computer 
or computer nehvork is obtained. 
4. 
Unsolicited Commercial Communications - The transmission of electronic messages 
with the use of computers, computer networks, or other communication devices 
which seek to advertise, sell, or offer for sale products and services are prohibited 
unless: 
a. There is 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 further commercial 
electronic messages (also known as “opt-vut”) from the same source; 
ii. The commercial electronic communication does not purposely disguise the 
source of the electronic message; and 
iii. The Commercial electronic communication does not purposely include 
misleading information in any part of the message in order to induce the 
recipients to read message. 
Computer Sabotage - the input, alteration, erasure or suppression of computer or 
communication data or computer or communication programs, or interference with 
computer and communication system or network, with the intent to hinder the 
functioning of a computer or cmmunication system or network such as but not limited 
to: 
1. Data Znlerference - the intentional or reckless damaging, deletion, deterioration, 
alteration or suppression of computer data, electronic document, or electronic data 
message, without right, including the introduction or transmission of viruses. 
2. System Interference - the alteration, or reckless hindering or interference with the 
functioning of a computer or computer network by inputting, transmitting, damaging, 
deleting, deteriorating, altering, or suppressing computer data or program, electronic 
document, or electronic data message, without right, including the introduction or 
transmission of vimses. 
3. Computer Fraud 
~ 
the intentional and unauthorized input, alteration, erasure or 
suppression of computer data or program, electronic document, or electronic data 
message, or interference in the fwctioning of a computer or computer network, 
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. 
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4. Computer Forgery ~ the input, alteration, erasure, or suppression of any computer or 
communication data, computer or communication program, electronic document, or 
electronic data message, or interference d h  the computer and communication 
system or network, in a manner or under such conditions that would constitute the 
offense of forgery under Act No. 3815 as amended, otherwise known as the Revised 
Penal Code or special laws; the act of knowingly using a computer and 
communication data which are the products of computer or communication forgery as 
defined herein, for the purpose of perpetuating a fraudulent or dishonest design. 
C. Computer Facilitated Crime - an act avhere the computer or communication system or 
network is used as a tool or instrument or is illegally accessed to facilitate the 
commission of crimes and offenses, to include, but not limited to the following: 
1. Oflenses Related to Cybersex - Without prejudice to the prosecution under Republic 
Act No. 9208, otherwise known as the Anti-Trafficking Act and Republic Act No. 
7610, otherwise known as the Child Protection Act, any person who in any manner 
advertises, promotes, or facilitates the commission of cybersex through the use of 
information and communications technology such as but not limited to computers, 
computer networks, television, satellite, mobile telephone, or any person committing 
any of the following acts is liable under this Act: 
a Producing child pornography for the purpose of distribution through a computer 
or computer network; 
B. Offering or making available child pornography through a computer or computer 
network; or 
c. Distribution or transmitting child pornography through a computer or computer 
network; 
d Possessing child pornography materials in the computer/ communications system 
or network or on a computer data storage medium; 
e. Prostitution or solicitation of any form of cybersex for any favor or monetary 
consideration; 
J: Operation of internet cafk or any type of establishment which engages in any form 
of cybersex for any favor or monetary consideration; and 
g. Promotion and advertisement of any form of cybersex. 
For purposes of this Section, the term “child pornography” shall include pornographic 
material that visually depicts: fa) a minor engaged in sexually explicit conduct; or (b) a person 
appearing to be a minor engaged in sexually explicit conduct. The term “prostitution” shall refer 
to any act, transaction, scheme or design involving the use of a person by anoter, for sexual 
intercourse or lascivious conduct in exchange for money, profit or any other consideration. 
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2. Violations of the Revised Penal Code, the Intellectual Property Code, the Consumer 
Act and Other Relevant Laws - Violations of Act No. 3815, as amended, otherwise 
known as the Revised Penal C&, 
Republic Act No. 8293 otherwise known as the 
Intellectual Property Code, Republic Act No. 7394 otherwise known as the Consumer 
Act, Republic Act No. 9208 otherwise known as the Anti Trafficking Act, Republic 
Act No. 4200 otherwise known as the Anti Wiretapping Act and other relevant and 
pertinent laws through the use of, aided by, involving computers or computer and 
communications network or through transactions covered by or using electronic 
documents OF electronic data messages shall likewise be punishable and prosecuted 
under those laws with the appropriate maximum penalties. 
CIIAPTERm-PENALTIES 
SEC. 5. Penalties. - Any person found guilty of any of the punishable acts enumerated in 
Sec,tion 4.4 (I), (21, and (3) and 4B (I) MP to (4) of this Ac.t shall be punished with a fine of at 
least One Hundred Thousand Pesos (PW 100,000.00) up to a maximum amount commensurate 
to the damage incurred and a mandatory imprisonment ofprision myor. 
Any person found guilty of any of the punishable acts enumerated in paragraph A (4) in 
Section 4 of this Act shall be punished with imprisonment ofprision correccional or a fine of at 
least one hundred thousand pesos (PhP 100,000.00) but not exceeding six hundred thousand 
pesos (PW 600,000.00) or both fine and imprisonment. 
Any person found guilty of any of the punishable acts enumerated in paragraphs C(l) and 
C(2) in Section 4 of this Act shall be punished with a fine of at least Two Hundred Thousand 
Pesos (PhP 2OQ,000.00) but not exceeding Eight Hundred Thousand Pesos (PhP 800,000.00) and 
a mandatory imprisonment of prision mayor: Provided, That the maximum penalty shall be 
imposed for offenses - 
a) wkereby infomation that has been determined by the Philippine govemment pursuant 
to law, executive order, or other issuance to be confidential is communicated, 
delivered or transmitted to any person not authorized to receive it; and 
b.) whereby the offender accewes without authorization any non-public computer of a 
department or agency of 'the Philippines. 
In case the offender does not own or possess enough property to satisfy the 
abovementioned fine, he shall be subjected to a subsidiary penalty of imprisonment in 
accordance with the rules set forth in Article 39 of Act No. 3185, as amended, otherwise known 
as the Revised Penal Code. 
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SEC. 6. Corporate Liability. - When any of the punishable acts herein defined is 
knowingly committed in behalf and for the benefit of a jurimcal person, the penalties herein 
provided shall be imposed upon the juridical pepson’s President, Secretary, members of the 
Board of Directors, or any of its officers and employees who have directly participated in, 
including those who knowingly authorized, the commission of the said act or acts. 
Where the commission of any of the pishabIe acts herein defined by the juridical 
person’s employees or agents, acting within the scope of their authority, was made possible due 
to the lack of supervision and control of the juridical person, which resulted in benefits for the 
said entity, the oacers and members of the Boafd of D~P~Z~OFS 
above-mentioned are likewise 
liable. 
SEC. 7. Conspiracy to Commit Cybercrime. - When two (2) or more persons come to an 
agreement and decide to commit any of the punishable acts defined in this Act, and one or more 
of such persons does any act to effect the object of the conspiracy, each o f  the conspirators shall 
be punished as if all of the conspirators have done the act themselves. 
SEC. 8. Aid@ or Akttilg ite the Cmnndsote of Cybercrim - Any person who 
willfully abet or aid in the commission of any of the offenses enumerated in Chapter I1 hereof 
shall be held liable under this Act. 
CHAPTER N- 
COMPUTER EMERGENCY RESPONSE COUNCIL 
SEC. 9. Computer Emergeql Respome Council. - There is hereby created, thirty (30) 
days from the effectivity of this Act, a Computer Emergency Response Council, hereinafter 
referred to as CERC, under the control and supervision of the Office of the President principally 
to formulate and implement a national pian of acfion to address and combat cyber-crime. 
SEC. 10. Composition. - The CERC shall be headed by the Chairman of the 
Commission on Information and Communications Technology (CICT) as Chairman; the Director 
of the National Bureau of Investigation (NBI) as Vice-Chairman and the follo~ving as members: 
Director-General of the Philippine National Police (PNP), the Chief of the National Prosecution 
Service (NPS), the Head of the National Computer Center (NCC), the head of the Philippine 
Center for Transnational Crime (F’PCTC), 
the head of the Anti-fraud and Computer Crimes 
Division (AFCCD) of the NBI and the head of the Criminal Investigation and Detection Group 
(CIDG) of the PNP and three (3) representatives from the private sector involved in information 
security to be appointed by the President of the Philippines. 
SEC. 11. CERC Secretariat. - The CERC shall be manned by a Secretariat, the 
personnel o f  which shall come from the CICT and selected personnel and representatives who 
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shall be detailed from the participating agencies. An Executive Director shall be appointed by the 
Chairman of the CICT to head the secretariat. 
SEC. 12. PQMVFS 
and FBF&QBS. - The CERC shall have the following powers and 
functions: 
a) 
computer fraud, abuses and other cyber+elated fraudulent activities as provided in this Act; 
b.) 
To monitor the investigation of cybercrime cases being handled by participating law 
enforcement and prosecution agencies initiate international cooperation on intelligence, 
investigations, training and capac&y building relatke to cybercrime prevention, suppression, and 
prosecution; 
c.) 
fora on information security and cybercrime prevention, investigation and suppression; 
d) To coordinate the support and participation of the business sector, local government units, 
and non-governmental organizations in cybercrime prevention programs and other related 
projects; 
e.) 
J )  
CERC’s mandated tasks and functions; and 
g.) 
Act. 
To prepare and implement appropriate and effective measures to prevent and suppress 
To recommend the attendance of qualified personnel in trainings, conferences and other 
To recommend the enactment of appropriate laws, issuances, measures and policies; 
To call upon any government agency to render assistance in the accomplishment of the 
To perform such other functions and duties necessary for the proper implementation of this 
CHAPTER V- ENFORCEMENT AND IMPLEMENTATION 
SEC. 13. Collection af Computer Dafa. - TO effectively implement and enforce the 
provisions of this Act, the National Bureau of Investigation (NBI) and the CDG of the 
Philippine National Police (PNP), subject to existing laws and procedures, shall require a person 
or service provider: 
a.) 
To submit specified computer data and other relevant data in his/ its possession and control, 
which is stored in a computer, computer and communications network, or a computer-data 
storage medium; 
b.) 
To submit subscriber information in his/ its possession or control; 
c.) 
Within his/ its existing technical capability, to collect or record through the application of 
technical means or to cooperate and assist the propr law enforcement officers OF agencies in the 
collection or recording of traffic data and interception of specified communications transmitted 
within or passing through the territorial jurisdiction of the Philippines by means of a computer 
and communications network; and 
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d )  
providers and the path through which the communication was transmitted. 
To require the expeditious production or disclosure of traffic data to identify the service 
SEC. 14. Search a& Seizure of Compter Data. - Where a search and seizure warrant 
is properly issued, the NBI and the PNP shall likewise have the following powers and duties: 
a) 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 the computer or computer and communications network, or indirectly, through the use of 
electronic eavesdropping or tapping devices, in real time or at the same time that the 
communication is occurring; 
b.) 
computer-data storage medium; 
e.) 
d) 
e.) 
computer and communications n&WFk. 
To secure a computer or computer and communications network or parts of it or a 
To make and retain a copy of tkose computer data secured; 
To maintain the integrity of the relevant stored computer data; and 
To render inaccessible, or remove those computer data in the accessed computer or 
Pursuant thereof, the NBI and CIDG of the PNP may order any person who has 
knowledge about the functioning of the computer or computer and communications network 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 and seizure measure referred to in 
paragraph (e) of Section 17 hereof. 
SEC. 15. PresenvctioE and Disclomre of Comptrder Data and Traflc Record - 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. Said period may be extended by order of the NBI or PNP upon a reasonable 
belief that the computer data may have been used for in connection with, or the traffic record 
may contain information as regards any violation of this Act. 
CHAPTER VI - JURISDICTION 
SEC. 16. Jarisdiction. - The Regional Trial Court shatl have jurisdiction over any 
violation of the provisions of this Act committed within the territory of the Philippines or by.any 
of its nationals regardless of the place of commission. In case any of the offenses herein defined 
is committed outside the tenitorid limits of the Philippines, and by such commission any 
damage is caused to a computer or computer and communications network situated in the 
Philippines, or to a natural or juridical person who, at the time the offense was committed, is in 
the Philippines, tke proper Regional Trial Court in the Philippines shall haa.e jurisdiction. 
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CHAPTER VII - INTERNATIONAL COOPERATION 
SEC. €7. M M & ~  
Assista~ce and Ctwperatim - The Government of thc Philippines 
shall cooperate with, and render assistance to other nations for purposes of detection, 
investigation, and prosecution of offenses referred to in Sections 7 and 22 of this Act and in the 
collection of evidence in elechonic form in relation thereto. 
‘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. 18. Grounds for Refusal to Cooperate. - The Government of the Philippines shall 
have the right to refuse cooperation under any of the following grounds: 
a) 
jurisdiction over the person of the accused; 
b.) 
affects natinnal secu&; 
c.) 
d) 
reason, a similar request by the Govemment of the Philippines; ipnd 
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. 
The offense is punishable under Philippine laws and the Philippine courts have acquired 
The information requested is privileged, protected under Philippine laws, or that which 
If, for any reason, the production of the information is unreasonable; 
The foreign government requesting for assistance has previously refused without justifiable 
SEC. 19. Cooperation Based on Reci$rociy. - In the absence of a treaty or agreement, 
mutual assistance and cooperation under the preceding sections under this Chapter shall be based 
on the principle of reciprocity. 
SEC. 20. Communications Center. - The National Computer Center (NCC) shall be 
responsible for sending and answering requests for mutual assistance as well as the execution of 
such requests or their &anmission to the p r o p  authorities for implementation and enforcement. 
CHAPTER W I  - OTHER PROVISIONS 
SEC. 21. Liabiliy Under tlze Revised Penal Code and Otlzer Laws. - A prosecution 
under this Act shall be without prejudice to any liability for violation of any provision of Act 
3185, as amended, othenvise knoavn as the Revised Penal code or any other hw. 
SEC. 22. Otlzer Remedies. - Any person who suffers damage or loss by reason of a 
violation of this Act may maintain a separate and independent civil action against the violator to 
obtain compnsatoaoIy damages, injunctive an& or other equitable relief. 
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CHAPTER M -FINAL PROVISIONS 
SEC. 23. A p p ~ p k t f ~ m .  
- Tke amotnt of necessary for the implementation of this Act 
shall be charged against the appropriations of the CICT, NBI, PNP and the NCC. 
SEC. 24. Implementing Rules and Regulations. - The Department of Justice and the 
Department of Interior and LmaI Chvernment shall jointly fornulate the necessay rules and 
regulations for the effective implementation of this Act. 
SEC. 25. Public Information Campaign. - The Office of the President, National 
Computer Center, Deprtinent of Edwation, apartment of Justice, Department of Trade .and 
Industry, Department of Transportation and Communications, and the National Computer Center 
shall, in coordination with the Philippine Information Agency, undertake a public information 
campaign to educate the general public on the d e n t  provisions and implication of %is Act. 
SEC. 26. Suppletoy Application. - Ths Act shall have suppletory application to the 
provisions of the Revised Penal Code, RA 7610 and RA 9208 or the Anti-Trafficking in Persons 
Act. 
SEC. 27. Separability Clause. - If any provision of this Act is held invalid, the other 
provisions not affected shall remain in full force and effect. 
SEC. 28. Repaliry: Clause. - All Iaws, decrees, or rules hconsistent 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. 29. EJsec&y. -This Act shall take effect fifteen (15) days after &e c~mpleti~n 
of 
its publication in the Official Gazette or in at least two (2) newspapers of general circulation. 
Approved, 
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