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S. B. No. 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Information technology is a strategic source and vital tool for progress. 
A major 
breakthrough is the Internet. What started as a network to support military research in the United 
States is..now a computer network composed of thousand of smaller networks. 
The internet has immediately gained acceptance among Filipinos since its introduciion a 
few years ago. In fact, eveiy ofice, whether government or private, is now equipped with 
internet-connected computers. 
Even individtials subscribe to the internet through available 
interactive computer services. 
While the internet has tremendously improved almost all forms of human activities from 
banking to simple data handling, the advantages it offers can also be used by unscrupulous 
persons in the commission of certain crimes, particularly the violation of the right to privacy of 
individuals. 
The bill seeks to penalize the use of computers and computer networks in the commission 
of a crime. 


THIRTEENTH CONGRESS OF THE REI’UBLIC) 
, . ,  . 
. .  
OF THE PHILlPPImS 
1 
, .. , 
First Regular Session 
1 
\ 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PENALIZING THE USE OF COMPUTERS TO COMMIT, FACILITATE OR CONCEAL 
THE COMMISSION OF A CRIME OR TO VIOLATE THE RIGHT TO PRIVACY OF 
PERSONS 
Be rt enacted by the Senate andNozise of RepresentatliJes of the Phrlpprnes 712 Congress 
nsseni bled: 
SECTION 
1. 
Short Title. 
- 
This Act shall be known as the “Computer 
Crimes Act.” 
SEC. 2. 
Declaration of Policy. - 
It is the polity of the State to prevent the use 
of computers in committing acts which violate the right to privacy of persons through 
unauthorized disclosure of personal records, and other acts penalized by the Penal Code and 
special laws. 
SEC. 3. 
Definition of Terms. - 
As used in this Act, the term: 
1) 
“Computer” shall refer to an electronic device or machine that performs 
mathematical or logical calculations or that assembles, stores, accesses, correlates, translates, 
transmits, presents or otherwise processes and prints information or data in text, numbers, 
graphics, symbols or music forms, derived from coded data in accordance with a predetermined 
program and shall include word processor, laptop computers mainframes, midrange, or personal 
computers; 
2) 
“computer network” shall refer to a system that may refer to the linkage among 
machines or other collective capacity for receiving, transmitting or exchanging data in various 
forms; 
3) 
“Interactive computer service” shall refer to any information service that provided 
computer access to multiple users via modern to the Internet; 


4) 
“Internet” shall refer to the international computer network of both national and 
non-national interoperable packet switched data networks; 
5) 
‘T’ersonally identifiable information” shall not include any record or aggregate data 
which does not identify particular persons; 
6) 
“Informed written concern” means any statement - 
a) in writing and freely signed by a subscriber; 
b) consenting to the disclosures such service will make of the information 
provided; and 
c) describing the rights of the subscriber under this Act; and 
7) 
“Third party”, with respect to the disclosure of personally identifiable information 
provided by a subscriber to an interactive computer service, refers to a person or other identity 
a) such service, 
b) an employee of such service; or 
c) the subscriber to such service 
SEC. 4. 
Prohibited Activities. - 
It shall be unlawful: 
(a) to use and operate a computer or computer network primarily to facilitate criminal 
activity or primarily to commit activities prohibited by the Penal Code and special laws; 
(b) to use a computer network to transmit a communication intended to conceal or bide 
the origin of money or other assets, tangible or intangible, that were derived from the commission 
of a crime, 
(c) to use a computer or computer network to conceal, obliterate or hide the identity of 
persons guilty of committing a crime or an offense; 
(d) to use a computer or computer network to conceal or hide commission of a crime or 
an offense and the evidence thereof. 
(e) for an interactive computer service to disclose to a third party any personally 
identifialble information provided by a subscriber to such service without the subscriber’s prior 
informed written consent. 


Such service shall permit a subscriber to revoke the consent granted under Sec. 4 (e) at 
any time, and upon such revocation, such service shall cease disclosing such information to a third 
Party. 
(0 for an interactive computer service or an employee of such service to knowingly 
disclose to a third party any personally idenfable information provided by a subscriber to such 
service that such employee, has knowingly falsified. 
SEC. 5. 
(a) provide the subscriber’s personally idenfiable informaiton maintained by the service to 
At a subscriber’s request, an interactive computer service shall - 
the subscriber; 
(b) permit the subscriber to verify such information maintained by the service: and 
(c) permit the subscriber to correct any error in such information. 
SEC. 6. 
At a subscriber’s request, the service shall provide to the subscriber the 
identity of the third party recipients of the subscriber’s personally identifiable information. 
SEC. 7. 
(a) 
Any person guilty of violation of this Act shall be punished by: 
imprisonment of not less than ten (10) years to not more than fifteen (15) years, 
and a fine of not less than P20,OOO.OO but not more than P50,OOO.OO if the crime or offense is 
committed against national security; 
(b) 
imprisonment of not less than five (5) years to not more than ten (10) years if the 
crime is committed against persons or property An additional fine equivalent to the value of the 
property taken or damaged through the use of the computer or network, may also be impose. 
SEC. 8. 
Separability Clause. If any provision or part thereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SEC. ’ 9. 
Repealing Clause. 
Any law, presidential decree or issuance, executive 
or.der letter af.instru t an admt istr tive or er rule. 
wlth, ’the provisions oftks’Act is’%erety repeied, modi%p& 
amen$e$accor&Jy. 
ation o trary t 
r inconsistent 


SEC. 10. 
Effectivity Clause. 
This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved