Republic of the Dhilippines Preriicn }
HOUSE OF REPRESENTATIVES ovreB DEC 2017
Queson City

SEVENTEENTH CONGRESS
‘Second Regular Session

no 8765

harmonii ing national laws to prevent and punish ‘internet and computer crime. On 15
May 2007, the Committee of Ministers of the Council of Europe (COE) invited the
Philippines to comply with the Convention on Cybercrime during the 1026" meeting
of the Ministers’ Deputies." In line with the treaty, Republic Act No. 10175, otherwise
known as the Cybercrime Prevention Act of 2012. was enacted. It pursues a
common policy to address cybercrime by adopting appropriate legislation and
fostering international cooperation. In 2012, the Department of Science and
Technology (DOST), Department of the Interior and Local Government (DILG), and
Department of Justice (DOJ) acceded to the Convention by issuing Certificates of
Concurrence (COCs), respectively.

However, the submission of the COCs to the Department of Foreign Affairs
(DFA) was postponed because Cybercrime Law challenges the Constitution. In
Section 24, Article II of the 1987 Philippine Constitution, the "State recognizes the
Vital role of communication and information in nation building.” Article Ill further
expounds on our rights to due process and equal protection ot the laws (Section 1),
right to be free from unreasonable searches and seizures (Section 2), right to privacy
‘of communication and correspondence (Section 3), freedom of speech, of
expression, and of the press (Section 4), and prohibition against double jeopardy
(Section 21). Furthermore, the Philippines’ ratification of the International Convention
on ihe Civil and Poliical Righis (ICCPR) obliyaies ihe nation iG adieie io iis
provisions. Of particular note is Article 19 of the ICCPR mandating the country to
protect the right to freedom of expression.

Republic Act No. 10175 contradicts these rights and mandates when it

Iie LChaveG Reielcorstilettietorersel cf
cybercrime punishable under this Act:

+ 2016-2017 Philippine Cybercrime Report. Office of Cybercrime, Department of Justice, retrieved
from: https:l/doj. gov. phiffiles/OOC/ooc_report_corrected.paf


(4) Libel. - The unlawful or prohibited acts of libel as defined in Article 355 of
the Revised Penal Code, as amended, committed through a computer system
or any other similar means which may be devised in the future.”

The proclamation should be repealed because the application is so broad and vague
that it is unconstitutional. It would affect previously made “publications” that remain in
cyberspace. Finally, it holds great potential to infringe a person's freedom of speech.
In effect, punishment can be vetted to those who exercise freedom of speech in
cyberspace.

Section 5 provides that: “The following acts shall constitute an offense:

(a) Aiding or Abetting in the Commissions of Cybercrime. - Any person who
willfully abets or aids in the commission of any offenses enumerated in this
Act shall be held liable.

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

Tire overiioad reacit of Seciion 5 vivisies Seciion 1 Atiicie ili Cunsiiiuiiun.
When applied to libel as stipulated in Section 4 (c) (4), the law punishes legally
protected communications. Furthermore, Section 5 does not explicitly state the
elements of aiding or abetting a cybercrime. It implicitly gives the ruling body free
reign on what constitutes aiding or abetting a cybercrime.

Section 6 provides that: “All crimes defined and penalized by the Revised Penal
Code, as amended, and special laws, if committed by, through and with the use of
information and communications technologies shall be covered by the relevant
provisions of this Act: Provided, That the penalty to be imposed shall be one (1)
degree higher than that provided for by the Revised Penal Code, as amended, and
special laws, as the case may be.”

Since Section 6 increases the penalty to one degree, it violates a citizen's right to the
equal protection of the law as enshrined in the Constitution. The only distinction for
the differing degree of punishment for the same offense is that the crime would be
committed through a computer. Such a distinction is not substantial enough to
validate a higher degree of punishment

Section 7 provides, “A prosecution under this Act shall be without prejudice to any
liability for violation of any provisions of the Revised Penal Code, as amended or
special laws.”

Section 7 violates the constitutional prohibition of double jeopardy, which has long
been settled.

Thus, the Cybercrime law, in its current state, is an overreach of the
government's powers as it violates the inalienable rights of its citizens and must be
amended posthaste. With the passage of other bills dealing with cyberspace and
technology such as the Data Privacy Act of 2012, there is a need to harmonize
certain provisions to reduce contradiction among other laws.


This re-filed version of the bill intends to safeguard the many inalienable rights
enshrined in the Constitution and protect the freedom of expression of the Filipino

people

In view of the foregoing, immediate passage of this bill is earnestly sought.

LUIS |UND “| Y” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL no. 8765

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT AMENDING REPUBLIC ACT NO. 10175, OTHERWISE KNOWN AS.
THE CYRERCRIMF PREVENTION ACT OF 2012

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

SECTION 1. Sections 4(c)(4), 6, 7, 12 and 19 of Republic Act No. 10175,
otherwise known as the Cybercrime Prevention Act of 2012, are hereby
repealed. All laws, orders, issuances, circulars, rules and regulations or parts
thereof, which are inconsistent with the provisions of this Act, are hereby
repealed or modified accordingly.

. Section 4(c)(1) is likewise hereby repealed; Provided, That the Ai
Trafficking in Persons Act of 2003 or Republic Act No. 9208 shall govern the
offense of trafficking of persons committed through a computer system.

SECTION 3. Section 4(a) of the Act is hereby amended to read as follows:

"SEC. 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, AS CONSISTENT WITH THE DATA PRIVACY ACT
OF 2012 OR REPUBLIC ACT NO. 10173: xxx"

SECTION 4. Separability Clause. - Should any provision herein be subsequently
declared invalid or unconstitutional, the same shall not affect the validity or the
legality of the other provisions not so declared.


SECTION 5. Repealing Clause. — All laws, presidential decrees, executive
orders, rules and regulations, other issuances, and parts thereof, which are
inconsistent with the provisions of this Act, are hereby repealed and modified
accordinaly.

SECTION 6. Effectivity. - This Act shall take effect fifteen (15) days after

publication in the Official Gazette or in at least (2) newspapers of general
circulation.

Approvea,