FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'11 
MAY -3 P6 :44 
SENATE 
COMMITTEE REPORT NO, 30 
Submitted jointly by the Committees on Science and Technology; Constitutional Amendments, 
Revision of Codes and Laws; Education, Arts and Culture; Justice and Human Rights; Trade and 
Commerce; Public Information and Mass Media and Finance on MAY - 3 2011 
' 
Re: Senate Bill No. 2796 
Recommending its approval in substitution of Senate Bill Nos. 14,52, 134,275,665, 828, 983, 
1081, 1475, 1963,2214,2451,2534,2674,2721, taking into consideration Senate Resolution 
Nos. 75, 164 and 254. 
Sponsor: Senator Edgardo J. Angara 
MR. PRESIDENT: 
The Committees on Science and Technology; Constitutional Amendments, Revision of 
Codes and Laws; Education, Arts and Culture; Justice and Human Rights; Trade and Commerce; 
Public Information and Mass Media and Finance to which were referred Senate Bill No. 14, 
introduced by Senator Trillanes, entitled: 
"AN ACT 
DEFINING CYBERCRIME, PROVIDING FOR PREVENTION, SUPPRESSION AND 
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES" 
S. No. 52, introduced by Senator Angara, entitled: 
"AN ACT 
DEFINING CYBERCRIME, PROVIDING FOR PREVENTION, INVESTIGATION AND 
IMPOSITION OF PENAL TIES THEREFOR AND FOR OTHER PURPOSES" 
S. No. 134, introduced by Senator Enrile, entitled: 
"AN ACT 
DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, SUPPRESSION 
AND IMPOSITION OF PENAL TIES THEREFOR AND FOR OTHER PURPOSES" 
S. No. 275, introduced by Senator Trillanes, entitled: 
"AN ACT 
PROTECTING 
CONSUMERS BY PROHIBITING THE UNAUTHORIZED AND 
DECEPTIVE INSTALLATION OF SPYWARE IN COMPUTERS, PROVIDING 
PENALTIES THEREFOR, AND FOR OTHER PURPOSES" 


" 
S. No. 665, introduced by Senator Estrada, entitled 
"AN 
ACT TO PREVENT FRAUDULENT ACQUISITION OF A PHILIPPINE DOMAIN OR 
.PH DOMAIN NAME OVER THE INTERNET AND FOR OTHER PURPOSES" 
S.No. 828, introduced by Senator Estrada, entitled: 
"AN 
ACT TO PROMOTE AND GOVERN THE DEVELOPMENT OF VOICE OVER 
INTERNET PROTOCOL IN THE PHILIPPINES" 
S. No. 983, introduced by Senator Lapid, entitled: 
"AN ACT 
PROVIDING PROTECTION AGAINST COMPUTER FRAUD AND ABUSES AND 
OTHER CYBER-RELATED FRAUDULENT ACTIVITIES, PROVIDING PENALTIES 
THEREFOR, AND FOR OTHER PURPOSES" 
S. No. 1081, introduced by Senator Villar, entitled: 
"AN ACT 
PREVENTING AND PENALIZING 
COMPUTER FRAUD ABUSES AND OTHER 
CYBER-RELATED FRAUDULENT ACTIVITIES 
AND CREATING FOR THE 
PURPOSE THE CYBER CRIME INVESTIGATION AND COORDINATING CENTER 
PRESCRIBING ITS POWERS AND FUNCTIONS, AND APPROPRIATING FUNDS 
THEREFOR" 
S. No. 1475, introduced by Senator Defensor Santiago, entitled: 
"AN ACT 
PROTECTING CONSUMERS FROM COMPUTER GRA YW ARE" 
S. No. 1963, introduced by Senator Defensor Santiago, entitled: 
"AN ACT 
TO 
REGULATE 
THE 
UNAUTHORIZED 
INSTALLATION 
OF 
COMPUTER 
SOFTWARE AND TO REQUIRE THE CLEAR DISCLOSURE TO COMPUTER USERS 
OF CERTAIN COMPUTER SOFTWARE FEATURES THAT MAY POSE A THREAT 
TO USER PRIVACY" 
S. No. 2214, introduced by Senator Defensor Santiago, entitled: 
"AN ACT 
TO CRIMINALIZE INTERNET SCAMS INVOLVING FRAUDULENTLY OBTAINING 
PERSONAL INFORMATION" 
S. No. 2451, introduced by Senator Villar, entitled: 
"DEFINING 
THE 
CRIME 
OF 
INTERNET 
AND 
TELECOMMUNICATIONS 
PHISHING, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES" 


<' 
S. No. 2534, introduced by Senator Marcos, entitled: 
"AN ACT 
DEFINING 
CYBERCRIME, 
PROVIDING 
FOR 
INVESTIGATION AND IMPOSITION OF PENALTIES 
OTHER PURPOSES" 
S. No. 2674, introduced by Senator Defensor Santiago, entitled: 
"AN 
THE 
PREVENTION, 
THEREFOR AND FOR 
ACT 
AUTHORIZING 
THE 
COMMISSION 
ON 
HIGHER EDUCATION 
TO 
ESTABLISH A PROGRAM TO AWARD GRANTS TO INSTITUTIONS OF HIGHER 
EDUCATION FOR THE ESTABLISHMENT OR EXPANSION OF CYBERSECURITY 
PROFESSIONAL DEVELOPMENT PROGRAMS" 
S. No. 2721, introduced by Senator Revilla, entitled: 
"AN ACT 
DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION 
AND IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES" 
S. Resolution No. 75, introduced by Senator Defensor Santiago, entitled: 
"RESOLUTION DIRECTING THE PROPER SENATE COMMITTEE TO CONDUCT 
AN INQUIRY, IN AID OF LEGISLATION, ON THE REPORTED SOCIAL 
NETWORKING DANGERS WITH A VIEW TO ENJOIN THE PUBLIC TO 
UNDERTAKE SUFFICIENT PRECAUTIONARY MEASURES AGAINST ALLEGED 
ILLICIT ACTIVITIES OF SO-CALLED CYBERCRIMINAL" 
S. Resolution No. 164, introduced by Senator Villar, entitled: 
"RESOLUTION URGING THE COMMITTEES ON SCIENCE AND TECHNOLOGY; 
AND PUBLIC INFORMATION AND MASS MEDIA TO CONDUCT AN INQUIRY, IN 
AID OF LEGISLATION, ON THE INCREASING OCCURRENCE OF CYBER 
STALKING CASES AND THE MODUS OPERANDI ADOPTED IN THE INTERNET 
TO PERPETUATE CRIMES WITH THE END IN VIEW OF FORMULATING 
LEGISLATION AND 
POLICY MEASURES 
GEARED 
TOWARDS 
CURBING 
STALKING AND OTHER CYBER CRIMES AND PROTECT ONLINE USERS IN THE 
COUNTRY" and 
S. Resolution No. 254, introduced by Senator Villar, entitled: 
"RESOLUTION URGING THE COMMITTEES ON SCIENCE AND TECHNOLOGY; 
AND PUBLIC INFORMATION AND MASS MEDIA AND OTHER APPROPRIATE 
COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE 
INCREASING INCIDENCE OF HARASSMENT ON THE INTERNET OR CYBER-
BULLYING VIS-A.-VIS PRESENT STATUTES AND LEGISLATION WITH THE END 
IN VIEW OF PROTECTING INTERNET USERS" 
have considered the same and have the honor to rell.QU J;!!em back to the Senate with the 
recommendation that the attached Senate Bill No. 2"{ ~ I:j 
, prepared by the Committees, 
entitled: 


"AN ACT 
DEFINING CYBERCRIME, PROVIDING I?OR PREVENTION, INVESTIGATION AND 
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES" 
be approved in substitution of Senate Bill Nos. 14,52, 134,275,665,828,983, 1081, 1475, 
1963,2214,2451, 2534, 2674 and 2721, taking into consideration Senate Resolution Nos. 75, 
164 and 254, with Senators Trillanes, Angara, Enrile, Estrada, Lapid, Villar, Defensor Santiago, 
Marcos and Revilla as authors thereof. 


Respectfully submitted: 
~JJJ.A~~ . 
SEN. MIRIAM~~FENSOR ~IAGO 
Chairman 
Chair: 
Committee on Constitutional Amendments 
Member, Committees on Science & Technology; 
Trade & Commerce; Finance 
SEN. FRANCIS "Chiz" G. ESCUDERO 
Chairman 
Committee on Justice and Human Rights 
Member, Committee on Finance 
Chairma 
Public Information and Mass Media 
Member, Committee on Finance 
bv/~ 
SEN. ED6AknO J. ANGARA 
Chairman 
Committees on Science and Technology; 
Education, Arts & Culture & Subcom B 
Finance 
Vice-Chair, Committee on Constitutional 
Amendments, Revision of Codes and Laws 
Member, Committee on Trade & Commerce 
YVILLAR 
Chairman 
Trade and ommerce 
Vice-Chairman, Committee on Public 
Information & Mass Media 
Member, Committees on Constitutional 
Amendments, Revision of Codes and Laws, 
Science & Technology; Justice & Human 
Rights; Education, Arts & Culture; Finance 
\ 
Chai a, Subcom A, Finance 
Mem er Committees on Education, Arts & 
Cultu e' Constitutional Amendments, 
Revision of Codes and Laws; Justice on 
Human Rights; Education, Arts & Culture; 
Public Information & Mass Media 


Vice-Chair: 
S 
. J. 
N MIGUEL F. ZUBIRI 
F TO L. GUINGONA III 
V'lce::-Chairman 
Vice-Chair 
n 
Committee on Science and Technology 
Committ 
on Justice & Human Rights 
Member, Committees on Education, Arts 
Member, Committees on Education, Arts & 
& Culture; Trade & Commerce; Finance; 
Culture; Finance 
Science & Technology; Constitutional Amendments, 
Revision of Codes & Laws 
-==-",.--=-=== 
--
--~ 
~ 
--
~--------- ----
~ORENB.~RDA 
Vice-Chairman 
Committees on Education, Arts & Culture; 
Public Information & Mass Media 
Member, Committees on Finance, Subcom B; Science & Technology; 
Trade & Commerce; Justice & Human Rights 
Members: 
SEN. FERDINA 
R. MARCOS, JR. 
Committees on S ence & Technology; 
Trade & Comme ce; Public Information 
& Mass Media; inance 
SEN. P ANFILO M. LACS ON 
Committee on Constitutional Amendments, 
Revision of Codes & Laws 
~~ 
1-£ 
• 
. 
SE . PI 
AYE1: 
Member, Committees on Education, 
Alis & Culture; Trade & Commerce & 
Public Information and Mass Media 
r 
--;;;r~ 
.V\~IS N. PANGILINAN 
Science & Technology 
SEN~~CM2ID 
Committees on Constitutional Amendments, 
Revision of Codes & Laws; Public 
Inti 
& Mass Media; Finance 
Ml~)" Committee on Finance 


~\~~-
SEN. A'NTONIO "Sonny" F. TRILLANES IV 
Committees on Education, Arts & Culture & 
Justice & Human Rights 
h~tt ~/ll-&vj 
jJ tfA_.~~~V/· 
SEN. SERGIO R. OSMENA III 
Committees on Education, Arts & Culture; 
Justice & Human Rights; Public Information & 
Mass Media; Finance 
SEN. 
O~VILLA' 
JR. 
COl 
'ttees on Education, Arts & Culture; 
Justice & Human Rights; Trade & 
Commerce; Public Information & Mass 
Media 
SEN. JOKER P. ARROYO 
Committees on Education, Arts & Culture; 
Justice & Human Rights; Trade & 
Commerce; Finance 
Ex-Officio Members: 
Majority Leader 
HON. JUAN PONCE ENRILE 
Senate President 
Pasay City 
resident Pro-Tempore 
~2. 
~~~ 
SEN. ALAN PETER "Compafiero" S. CAYETANO 
Minority Leader 


2 
FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.No. 2796 
Prepared jointly by the Committees on Science and Technology; Constitutional 
Amendments, Revision of Codes and Laws; Education"Arts and Culture,' Justice and 
Human Rights,' Trade cll1d Commerce; Public Information and Mass Media and Finance 
,vith Senalors' Trillanes, Angara, 
Enriie, Estracicl, Lapid, Villar, Defensor Santiago, 
Marcos and Revilla as authors 
AN ACT DEFINING CYBERCRIME, 
PROVIDING FOR I'REVENTION, INVESTIGATION AND IMPOSITION OF 
PENAL TIES THEREIcOR 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 
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SECTION 1. Title. -- This Act shall be known as the "Cybercrime Prevention 
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Actof2011", 
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SEC. 2. Declaration of Policy. -- The State recognizes the vital role of 
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information 
and 
communications 
industries 
such 
as 
content 
production, 
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telecommunications, broadcasting, electronic commerce, and data processing, in the 
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nation's overall social and economic development. The State also recognizes the 
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importance of providing an environment conducive to the development, acceleration, and 
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rational application and exploitation of information and communications technology to 
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attain free, easy, and intelligible access to exchange and/or delivery of information; and 
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the need to protect and safeguard the integrity of computer, computer and 
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coml11unications systems, networks, and databases, and the confidentiality, integrity, and 
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availability of information and data stored therein, fi'om all forms of misuse, abuse, and 
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illegal access by making punishable under the law such conduct or conducts. In this 
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light, the State shall adopt sufficient powers to effectively prevent and combat such 
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offenses by facilitating their detection, investigation, and prosecution at both the 
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domestic and international levels, and by providing arrangements for fast and reliable 
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international cooperation, 
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SEC. 3. Definition of Terms. -- For purposes of this Act, the following terms 
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are hereby defined as follows: 
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a) Access -
refers to the instruction, communication with, storing data in, 
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retrieving data from, or otherwise making use of any resources of a computer 
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system or communication network; 
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IS 
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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 - refers to the transmission of information inclnding voice 
and non-voice data; 
d) Computer system - means any device or a group of interconnected 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 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 connected in a 
network or other similar devices. It also includes computer-data storage 
devices or medium. 
e) Computer Data -
refers to any representation of facts, information, or 
concepts in a form suitable for processing in a compnter 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: (l) 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 information, knowledge, facts, 
concepts, or instructions which are being prepared, processed or stored or 
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have been prepared, processed or stored in a formalized manner and which are 
intended for use in a computer system; 
i) 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 occurring; 
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 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; 
ll. The subscriber's identity, postal or geographic address, telephone and 
other access numbers, any assigned network address, billing and 
payment information, available on the basis of the service agreement 
or arrangement; 
iii. Any other available information on the site of the installation of 
communication equipment, available on the basis of the service 
agreement or arrangement. 
I) 
Traffic Data or Non-Content Data - refers to any computer data other than the 
content of the 
communication, 
including but not limited to 
the 
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communication's origin, destination, route, time, date, size, duration, or type 
of underlying service. 
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CHAPTER II - PUNISHABLE ACTS 
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SEC. 4. Cybercrime Offenses. -- The following acts constitute the offense of 
9 
cybercrime punishable under this Act: 
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A. Offenses against the confidentiality, integrity and availability of computer data 
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and systems: 
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1. Illegal Access - The intentional access to the whole or any part of a computer 
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system without right. 
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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, 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 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 -
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a. The use, production, sale, procurement, importation, distribution, or 
otherwise making available, without right, of: 
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a device, including a computer program, designed or adapted primarily 
for the purpose of committing 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 committing any of the offenses 
under this Act;. 
b. The possession of an item referred to in paragraphs 5(a)(i) or (ii) above 
with 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. 
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B. Computer-related Offenses: 
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1. Computer-related Forgery - (a) the intentional input, alteration, or deletion of 
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any computer data without right resulting in inauthentic data with the intent 
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that it be considered or acted upon for legal purposes as if it were authentic, 
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regardless whether or not the data is directly readable and intelligible; (b) the 
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act of knowingly using computer data which is the product of computer-
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related forgery as defined herein, for the purpose of perpetuating a fraudulent 
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or dishonest design. 
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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 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. 
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C. Content-related Offenses: 
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1. Cybersex - any person who establishes, maintains or controls, directly or 
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indirectly, any operation for sexual activity or arousal with the aid of or 
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through the use of a computer system, for a favor or consideration. 
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2. Child Pornography - refers to any representation, whether visual, audio, or 
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written combination thereof, by electronic, mechanical, digital, optical, 
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magnetic or any other means, of child engaged or involved in real or 
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simulated explicit sexual activities. 
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For the purpose of this Act, a "child" refers to a person below eighteen (18) years of age 
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or over, but is unable to fully take care of himself/herself from abuse, neglect, cruelty, 
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exploitation or discrimination because of a physical or mental disability or condition. A 
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child shall also refer to: (a) a person regardless of age who is presented, depicted or 
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portrayed as a child as defined herein; and (b) computer-generated, digitally or manually 
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crafted images or graphics of a person who is represented or who is made to appear to be 
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a child as defined herein. 
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The unlawful or prohibited acts constituting child pornography shall be defined 
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and punishable by Republic Act No. 9775 or the Anti-Child Pornography Law. 
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3. Unsolicited Commercial Communications. -- The transmission of commercial 
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electronic communication with the use of computer system which seek to 
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advertise, sell, or offer for sale products and services are prohibited unless: 
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a. There is a prior affirmative consent from the recipient; or 
b. The following conditions are present: 
1. 
The commercial electronic communication contains a simple, 
valid, and reliable way for the recipient to reject receipt of further 
commercial electronic messages ('opt-out') 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 the message. 
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SEC. 5. Other Offenses. -- The following acts shall also constitute an offense: 
1. 
2. 
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 shaH be held liable. 
Attempt in the Commission of Cybercrime - Any person who 
willfully 
attempts to commit any of offenses enumerated in this Act shall be held 
liable. 
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SEC. 6. Liability under Other Laws. -- A prosecution under this Act shall be 
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without prejudice to any liability for violation of any provision of the Revised Penal 
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Code, as amended or special laws. 
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CHAPTER III - PENALTIES 
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SEC. 7. Penalties. -- Any person found guilty of any of the punishable acts 
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ennmerated in Sections 4A and 4B of this Act shall be punished with imprisonment of 
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prision mayor or a fine of at least Two Hundred Thousand Pesos (PhP200,000.00) up to a 
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maximum amount commensurate to the dan1age incurred or both. 
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Any person found guilty of any of the punishable acts enumerated in Section 
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4C(1) of this Act shall be punished with imprisonment of prision mayor or a fine of at 
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least Two Hundred Thousand Pesos (PhP200,000.00) but not exceeding One Million 
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Pesos (PhPl ,000,000.00) or both. 
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Any person found guilty of any of the punishable acts enumerated in Section 
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4C(2) of this Act shall be punished with the penalties as enumerated in Republic Act 
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9775 or the Anti-Child Pornography Act of2009. 
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Any person found guilty of any of the punishable acts enumerated in Section 
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4C(3) shall be punished with imprisonment of arresto mayor or a fine of at least Fifty 
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Thousand Pesos (PhP50,000.00) but not exceeding Two Hundred Fifty Thousand Pesos 
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(PhP250,000.00) or both. 
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Any person found guilty of any of tbe pnnisbable acts enumerated in Section 5 
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shall be punished with imprisonment one degree lower than that of the prescribed penalty 
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for the offense or a fine of at least One Hundred Thousand Pesos (PhPIOO,OOO.OO) but 
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not exceeding Five Hundred Thousand Pesos (PhP500,000.00) or both. 
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SEC. 8. Corporate Liability. -- When any of the punishable acts herein defined 
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are knowingly committed on behalf of or for the benefit of a juridical person, by a natural 
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person acting either individually or as part of an organ of the juridical person, who has a 
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leading position within in, based on (a) a power of representation of the juridical person, 
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(b) an authority to take decisions on behalf of the juridical person, or (c) an authority to 
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exercise control within the juridical person, the juridical person shall be held liable for a 
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fine equivalent to at least double the fines imposable in Section 7 up to a maximum of 
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Ten Million Pesos (PhplO,OOO,OOO.OO). 
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If the commission of any of the punishable acts herein defined was made possible 
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due to the lack of supervision or control by a natural person referred to and described in 
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the preceding paragraph, for the benefit of that juridical person by a natural person acting 
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under its authority, the juridical person shall be held liable for a fine equivalent to at least 
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double the fines imposable in Section 7 up to a maximum of Five Million Pesos 
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(Php5,000,000.00). 
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The liability imposed on the juridical person shall be without prejudice to the 
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criminal liability of the natural person who has committed the offence. 
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CHAPTER IV - ENFORCEMENT AND IMPLEMENTATION 
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SEC. 9. Real-time Collection of Computer Data. -- Law enforcement authorities, 
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with due cause, and upon securing a court warrant, shall be authorized to collect or record 
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by technical or electronic means, and service providers are required to collect or record 
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by technical or electronic means, and/or to cooperate and assist law enforcement 
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authorities in the collection or recording of, traffic data, in real-time, associated with 
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specified communications transmitted by means of a computer system. 
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SEC. 10. Preservation Of Computer Data. -- The integrity of traffic data and 
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subscriber information relating to communication services provided by a service provider 
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shall be preserved for a minimum period of six (6) months from the date of the 
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transaction. Content data shall be similarly preserved for six (6) months from the data of 
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receipt of the order from law enforcement authorities requiring its preservation. 
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Law enforcement authorities may order a one-time extension for another six (6) 
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months provided that once computer data preserved, transmitted or stored by a service 
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provider is used as evidence in a case, the mere furnishing to such service provider of the 
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transmittal document to the Office of the Prosecutor shall be deemed a notification to 
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preserve the computer data until the termination of the case. 
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The service provider ordered to preserve computer data shall keep confidential'the 
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order and its compliance. 
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SEC. 11. Disclosure of Computer Data. -- Law enforcement authorities, upon 
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securing a court warrant, shall issue an order requiring any person or service provider to 
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disclose or submit subscriber's information, traffic data or relevant data in his/its 
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possession or control within seventy two (72) hours from receipt of the order in relation 
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to a valid complaint officially docketed and assigned for investigation and the disclosure 
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is necessary and relevant for the purpose of investigation. 
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SEC. 12. Search, Seizure, and Examination of Computer Data. -- Where a 
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search and seizure warrant is properly issued, the law enforcement authorities shall 
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likewise have the following powers and duties: 
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Within the time period specified in the warrant, to conduct interception, as 
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defined in this Act, content of communications, procure the content of data either 
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directly, through access and use of computer system, or indirectly, through the use of 
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electronic eavesdropping or tapping devices, in real time or at the same time that the 
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communication is occurring and: 
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a. To secure a computer system or a computer data storage medium; 
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b, To make and retain a copy of those computer data secured; 
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c, To maintain the integrity of the relevant stored computer data; 
33 
d. To conduct examination of the computer data storage medium; and 
34 
e. To render inaccessible or remove those computer data in the accessed 
35 
computer or computer and communications network. 
36 
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1 
Pursuant thereof, the law enforcement authorities may order any person who has 
2 
knowledge about the functioning of the computer system and the measures to protect and 
3 
preserve the computer data therein to provide, as is reasonable, the necessary 
4 
information, to enable the undertaking of the search, seizure and examination. 
5 
6 
Law enforcement authorities may request for an extension of time to complete the 
7 
examination of the computer data storage medium and to make a return thereon but in no 
8 
case for a period longer than thirty (30) days from date of approval by the court. 
9 
10 
SEC. 13. NOll-compliance. -- Failure to comply with the provisions of Chapter 
11 
IV hereof specifically the orders from law enforcement authorities shall be punished as a 
12 
violation of P.D. No. 1829 with imprisonment of prision correctional in its maximum 
13 
period or a fine of One Hundred Thousand Pesos (PhplOO,OOO.OO) or both, for each and 
14 
every non-compliance with an order issued by law enforcement authorities. 
15 
16 
SEC. 14. Duties of Law Enforcement Authorities. -- To ensure that the technical 
17 
nature of cybercrime and its prevention is given focus and considering the procedures 
18 
involved for international cooperation, law enforcement authorities specifically the 
19 
computer or technology crime divisions or units responsible for the investigation of 
20 
cybercrimes are required to submit timely and regular repOlis including pre-operation, 
21 
post-operation and investigation results and such other documents as may be required to 
22 
the Department of Justice (DOJ) for review and monitoring. 
23 
24 
25 
26 
CHAPTER V - JURISDICTION 
27 
SEC. IS. Jurisdiction. -- The Regional Trial Court shall have jurisdiction over 
28 
any violation of the provisions of this Act including any violation committed by a 
29 
Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the 
30 
elements was committed within the Philippines or committed with the use of any 
31 
computer system wholly or partly situated in the country, or when by such commission 
32 
any damage is caused to a natural or juridical person who, at the time the offense was 
33 
committed, was in the Philippines. 
34 
3S 
36 
37 
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2 
.. 
CHAPTER VI - INTERNATIONAL COOPERATION 
3 
SEC. 16. General principles relating to international cooperation. -- All 
4 
relevant international instruments on international cooperation in criminal matters, 
5 
arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, 
6 
to the widest extent possible for the purposes of investigations or proceedings concerning 
7 
criminal offenses related to computer systems and data, or for the collection of evidence 
8 
in electronic form of a criminal offense shall be given full force and effect. 
9 
10 
SEC. 17. Applicability of the Convention on Cybercrime. -- The provisions of 
11 
Chapter III of the Convention on Cybercrimc shall be directly applicable in the 
12 
implementation of this Act as it relates to international cooperation taking into account 
13 
the procedural laws obtaining in the jurisdiction. 
14 
15 
16 
17 
CHAPTER VII - COMPETENT AUTHORITIES 
18 
SEC. 18. Department of Justice. - The Department of Justice (DOJ) shall be 
19 
responsible for extending immediate assistance for the purpose of investigations or 
20 
proceedings concerning criminal offenses related to computer systems and data, or for the 
21 
collection of electronic evidence of a criminal offense and to otherwise ensure that the 
22 
provisions of this law are complied. In this regard, there is hereby created a DOJ Office 
23 
of Cybercrime for facilitating or directly carrying out the provisions of technical advice, 
24 
preservation of data, collection of evidence, giving legal information and locating 
25 
suspects and all other cybercrime matters related to investigation and reporting issues. 
26 
27 
SEC. 19. Commission on Information and Communications Technology. - The 
28 
Commission on Information and Communications Technology (CrCT) shall be 
29 
responsible for formulating and implementing a national cyber security plan and 
30 
extending immediate assistance for the suppression of real-time commission of 
31 
cybercrime offenses through a computer emergency response team (CERT). In this 
32 
regard, there is hereby created a CICT National Cyber Security Office to carry out the 
33 
above responsibilities and all other matters related to cybercrime prevention and 
34 
suppression, including capacity building. 
35 
36 
37 
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:;. '. 
1 
CHAPTER VIII - CYBERCRIME INVESTIGATION AND 
2 
COORDINATION CENTER 
3 
4 
SEC 20. Cybercrime Investigation and Coordinating Cellter, -- There is hereby 
5 
created, within thirty (30) days from the effectivity of this Act, a Cybercrime 
6 
Investigation and Coordinating Center, hereinafter referred to as CICC, under the control 
7 
and supervision of the Office of the President, to formulate and implement the national 
8 
cyber security plan. 
9 
10 
SEC 21. Composition. -- The CICC shall be headed by the Chairman of the 
11 
Commission on Information and Communications Technology as Chairman; with the 
12 
Director of the NBI as Vice-Chairman; Chief of the PNP; Chicf of the National 
13 
Prosecution Service (NPS); and the Head of the National Computer Center (NCC) as 
14 
members. 
15 
16 
The CICC shall be manned by a secretariat of selected personnel 3l1d 
17 
representatives from the different participating agencies. 
18 
19 
SEC. 22. Powers and Functions. -- The CICC shall have the following powers 
20 
and functions: 
21 
a. To prepare and implement appropriate and effective measures to prevent and 
22 
suppress cybercrime activities as provided in this Act; 
23 
b. To monitor cybercrime cases being handled by participating law enforcement 
24 
and prosecution agencies; 
25 
c. To facilitate international cooperation on intelligence, investigations, training 
26 
and capacity building related to cybercrime prevention, suppression and 
27 
prosecution; 
28 
d. To coordinate the support and participation of the business sector, local 
29 
30 
31 
32 
33 
34 
35 
36 
37 
government units, 
and non-government organizations in cybercrime 
prevention progr3ll1s and other related projects; 
e. To recommend the enactment of appropriate laws, issu311ces, measures and 
policies; 
f. 
To call upon any government agency to render assistance m the 
accomplishment of the Clee's mandated tasks and functions; 
g. To perform such other functions and duties necessary for the proper 
implementation of this Act. 
12 


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CHAPTER IX - FINAL PROVISIONS 
2 
3 
4 
SEC 
23. 
Appropriations. 
-- The 
amount 
of 
ten 
million 
pesos 
5 
(PhplO,OOO,OOO.OO) shall be appropriated annually for the implementation of this Act. 
6 
7 
SEC 24. Implementing Rules alld Regulations. - The Department of Justice in 
8 
consultation with the Commission on Information and Communication Technology shall 
9 
formulate the necessary rules and regulations for the effective implementation ofthis Act 
10 
including the creation and establishment of a national cyber security office with the 
11 
relevant computer emergency response councilor team. 
12 
13 
SEC 25. Separability Clause. -- If any provision of this Act is held invalid, the 
14 
other provisions not affected shall remain in full force and effect. 
15 
16 
SEC 26. Repealing Clause. --. All laws, decrees, or rules inconsistent with this 
17 
Act are hereby repealed or modified accordingly. Section 33 of Republic Act No. 8792 
18 
or the Electronic Commerce Act is hereby modified accordingly. 
19 
20 
SEC 27. Effectivity. -- This Act shall take effect fifteen (15) days after the 
21 
completion of its pUblication in the Official Gazette or in at least two (2) newspapers of 
22 
general circulation. 
23 
24 
25 
Approved. 
13 


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