HOUSE OF REPRESENTATIVES
RECE ond
Sarit te ies

Republic of the Philippin
HOUSE OF REPRESENTAT}VES
‘Quezon City

/ENTH (17TH) CONG
First Regular Session + |. RESISTRATION UNF
PILLS AND INDE SERVICE

House Bill No.1375,

Introduced by: Rep. BERNADETTE R. HERRERA-DY

AN ACT ESTABLISHING A MAGNA CARTA FOR PHILIPPINE INTERNET
FREEDOM, CYBERCRIME PREVENTION AND LAW ENFORCEMENT,
CYBERDEFENSE AND NATIONAL CYBERSECURITY

EXPLANATORY NOTE

It is the policy of the State to give priority to science and technology to foster
patriotism and nationalism, accelerate sovial progress, and promote total human liberation
and development; ' broaden scientific and technological knowledg: * and recognize that
science and technology are essential for national development and progress.’ The State shall
give priority to research and development, invention, innovation, and their utilization: and to
science and technology education, training, and services.’ The State shall encourage the
widest participation of private groups, local governments, and community-based
organizations in the generation and utilization of science and technology.>

The Internet and social media have become integral to ensuring transparency,
accountability, and good governance in the Philippines and in the world. For many, the
Internet represents a lifeline to citizen watchdog groups and media organizations that shine
the light on truth where it is most needed. Internet-enabled platforms have become
complementary tools for democracy, allowing for debate and discourse, the free exchange of
ideas, and open access to public servants. Developments in the social media space have made
it possible for government to engage with its constituents on a one-to-one levet, bringing
government service directly in the hands of hands of the people.

Internet-enabled platforms and services have likewise given birth to new industries.
which in turn have opened up hundreds of thousands of jobs for ordinary Filipinos, The
Business Process Outsourcing (BPO) and Knowledge Process Outsourcing (KPO) industries.

' See Phil. Const. art. 2 § 17
? See id. art. XIV § 3(1).

® See id. art. XIV § 10.

* See id.

* See id. art. XUV § 12.



for example, would not be able to survive without the infrastructure for secure Internet
connectivity. Likewise, a growing number of freelancers, start-up entrepreneurs, online
marketers, and the like have been able to find gainful employment and livelihood thanks to
Internet technology.

It is for these reasons, and many more, that we seek to support the Magna Carta for
Philippine Internet Freedom (MCPIF), in order to push for universal access to the Internet,
the freedom and the ability to access public information online, freedom of speech, the right
to create without fear of intellectual property infringement, and many other rights that are
afforded Filipinos as citizens of a democratic republic.

This bill borrows from and builds upon $.B. 3327 (15" Congress) authored by Sen
Miriam Defensor-Santiago and $.B, 1091 (16" Congress) authored by Sen. Bam Aquino.
Among the particular items of the bill, we wish to push for a provision that makes free WIFI
(also: wireless local areas network or WLAN) access mandatory for designated public spaces
within local government units (LGUs), such as city or municipal halls, and the like. Public
WIFI access will ensure that the Intemet and other digital or social media platforms may be
used by LGUs and their citizens for such functions as: the provision of basic government
services (€.g., business registration, the accessing of government data online, etc. ); real-time
monitoring and disaster response coordination during times of natural and man-made
disasters; data gathering, transmission, and monitoring during local elections; online training
and capacity-building, and many others.

Just as the MCPIF upholds many of our civil liberties, it likewise protects citizens’
privacy online and also outlines the limitations of Internet use. For instance, as defined in
Part I Section 2 (f): "The Internet has the potential to become a theater of war, and that [CT
can be developed into weapons of mass destruction; thus, consistent with the national interest
and the Constitution, the State shall pursue a policy of no first use of cyber weapons against
foreign nations, and shall implement plans, policies, programs, measures, and mechanisms to
provide cyber defense of Philippine Internet and ICT infrastructure resources.” The MCPIF
also tackles such issues as hacking, Internet libel, hate speech, child pornography, cyber
crime, human trafficking, and a host of other issues. In recognition of the newly created
Department of Information and Communications Technology (DICT) under R.A. 10844, this
version deletes references to DICT which were present in prior versions of similar MCPIF
bills filed in the previous Congress.

In view of all the foregoing, immediate passage of thig bill is earnestly sought

ie


CervNannun

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17TH) CONGRESS
First Regular Session

House Bill No, 1373

Introduced by: Rep. BERNADETTE R. HERRERA-DY

AN ACT ESTABLISHING A MAGNA CARTA FOR PHILIPPINE INTERNET
FREEDOM, CYBERCRIME PREVENTION AND LAW ENFORCEMENT,
CYBERDEFENSE AND NATIONAL CYBERSECURITY

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

Part L General Provisions,
Section 1. Short Title, ~This Act shall be known as "The Magna Carta for Philippine
Internet Freedom of 201.”

Section 2. Declaration of Policy. -

(a) The State affirms that all the rights, guarantees, and privileges provided by the Bill
of Rights and the Constitution, as well as those established under general principles of
international law and under treaties and conventions to which the Philippines is a signatory,
shall govern in the use, development, innovation, and invention of information and
communications technology (ICT) and the Internet by the Filipino people.

(b) The State affirms its commitment to the people and to all nations that, in the
crafting of laws and regulations governing the use of the Internet and of ICT, these shall be
subject to the parameters set forth under the Constitution.

(c) The State reaffirms the vital role of communication and information in nation-

building, as stated in Article Il, Section 24, of the Constitution:


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(d) The growth of the Internet and [CT both depend on and contribute to the growth of
the economy, advances in science and technology, and the development of human capital,
and encourage democratic discourse and nation-building;

(e) The public and private sector have a role in the development, invention, and
innovation for the Internet and for ICT, through domestic, international, and transnational
efforts; thus, the State shall encourage development, invention, and innovation through and
for the Internet and ICT in cooperation with the private sector, other nations, and
international bodies;

(£) The State recognizes that! network bandwidth is a finite resource that is limited by
technological advancements and by telecommunications infrastructure and investment; thus,
the State shall encourage the development of information and communications technology
and infrastructure;

(g) The Internet and ICT further enable participative governance, transparency, and
accountability in government; thus, the State reaffirms its policy of full public disclosure of
all its transactions involving public interest and to develop plans, policies, programs,
measures, and mechanisms using the Internet and ICT in the implementation of its policy of
full public disclosure,

(h) The State recognizes the basic right of all persons to create, access, utilize and
share information and knowledge through ICT, and shall promote the Internet and ICT as a
means for all to achieve their full potential, promote their sustainable development, and
improve their quality of life;

(i) The growth of the Internet and ICT affect peace and order and the enforcement of
law within the national territory and across other nations; thus, the State reaffirms its policy
of cooperation and amity with all nations, and its adoption of generally accepted principles of
international law as part of the law of the land, in the pursuit of peace and order and in the
enforcement of law:

(j) The Internet has the potential to become a theater of war, and that ICT can be
developed into weapons of mass destruction: thus, consistent with the national interest and
the Constitution, the State shall pursue a policy of "no first use" of cyber weapons against
foreign nations, and shall implement plans, policies, programs, measures, and mechanisms to
provide cyber defense of Philippine Internet and ICT infrastructure resources; and,

(k) Art and culture can be created on devices, on networks, and on the Internet; thus,
the State shall pursue a policy that promotes the Internet and information and

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communications technology, and the innovation therein: and thereof, as instruments of life,

liberty, and the pursuit of happiness.

Part 2. Definition of Terms

Section 3. Definition of Terms. - When possible, detinitions shall be adopted from
those established by the International Telecommunications Union (ITU), the Internet
Engineering Task Force (IETF), the World Wide Web Consortium (WWWC), and the
Internet Corporation for Assigned Numbers and Names (ICANN), and other international and
transnational agencies governing the development, use, and standardization of information
and communications technology and the Internet. For purposes of this Act, the following
terms shall mean:

(a) Access - The ability and means to communicate with or otherwise interact with a
device, computer, system or network, to use resources to handle information, to gain
knowledge of the information the device, computer, system, or network contains, or to
control device or system components and functions.

(b) Administrator - A person or role with privileged access and control over a network
or a multi-user computing environment responsible for the operation and the maintenance of

the network or computing environment.

(i) Network administrator - A person or role responsible for the operation and
the maintenance of a network.
(ji) Systems administrator - A person or role responsible for managing a multi-
user computing environment.

(c) Availability - The ability of a device or set of devices to be in a state to perform a
required function under given conditions at a given instant of time or over a given time
interval, assuming that the required external resources are provided.

(d) Bandwidth - The capacity of a transmission medium to carry data,

(e) Bot - A computer program or software installed in a device, computer, computer
system, or network capable of performing automated tasks over the Internet, without the
knowledge or consent of the user or owner of the device computer, system, or network, with
control ceded to a third party, usually malicious. Bot may also refer to the individual device
that is infected with such programs or software

(f) Botnet - A network of computers infected with bots.


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(g) Cache - A temporary storage of recently accessed data or information, which may
be stored in the local storage medium of a device or computer, or in the storage media of a
network, for purposes of speeding up subsequent retrievals of data or information from the
Internet or networks.

(h) Chief Information Officer (CIO) - A third-ranking career executive in charge of
the information and communications technology/information  technology/management
information systems (ICT/IT/MIS) office in a department, bureau or government-owned or -
controlled corporation/government financial institution, including legislative, judicial and
constitutional offices,

(i) Code - The symbolic arrangement of data or instructions ina computer program or
a set of such instructions,

(j) Component - Any individual part of a device

(k) Computer - 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
written expression according to mathematical and logical rules or of performing anyone or
more of those functions.

(1) Computer program - A set of instructions expressed in words, codes, schemes or in
any other form, which is capable when incorporated in a medium that the computer can read,
of causing the computer to perform or achieve a particular task or result.

(m) Configuration - The way a device, computer, computer system, or network is set
Up.

(n) Content - Data that can be readily understood by a user immediately upon access,
which may include but is not limited to text, pictures, video, or any combination thereof. The
word is synonymous to information. Data that is readable and usable only by and between
devices, computers, systems or networks, such as traffic data, is not content.

(0) Control ~ The use of resources, modification of the configuration, and otherwise
exertion of a directing influence on the operation of a device, computer, system, or network.

(p) Critical infrastructure - The systems and assets, whether physical or virtual, so
vital to the Philippines that the incapacity or destruction of such systems and assets would
have a debilitating impact on national security, economy, public health or safety, or any

combination of those matters.


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(q) Critical network - An information and communications system or network of
systems, whether physical or virtual, so vital to the Philippines that the incapacity or
destruction of such a network would have a debilitating impact on national security,
economy, public health or safety, or any combination of those matters.

(r) Cryptography - The discipline which embodies principles, means, and methods for
the transformation of data in order to hide its information content, prevent its undetected
modification and/or prevent its unauthorized use

(s) Cyber environment - The environment comprised of users, networks, devices, all
software, processes, information in storage or transit, applications, services, and systems that
can be connected directly or indirectly to networks or the Internet.

(1) Cyberattack - An attack by a hostile foreign nation-state or violent non-state actor
on Philippine critical infrastructure or networks through or using the Internet or information
and communications technology. The term may also be used to mean an assault on system
security that derives from an intelligent threat, i... an intelligent act that is a deliberate
attempt to evade security services arid violate the security policy of a system.

(u) Cybercrime - Any unlawful act punishable by this law or other relevant laws
committed through or using the Internet or information and communications technology.

(v) Cyber defense - The collection of plans, policies, programs, measures,
mechanisms, and weapons designed to defend the Philippines from cyber attack,

(w) Cyber intelligence - The collection, analysis, processing, and dissemination of
information, which may be done through or using the Internet or information and
communications technology, designed to provide guidance and direction to commanders and
leaders of military and law enforcement units towards the combating of acts of cyber attack
and cyber terrorism,

(x) Cybersecurity - The collection of tools, policies, security concepts, security
safeguards, guidelines, risk management approaches, actions, training, best practices,
assurance, and technologies that can be used to protect the cyber environment and
organization and user's information and communications technology assets

(y) Cyberspace - A global domain within the information environment consisting of
the interdependent network of information systems infrastructures including the Internet,
telecommunications networks, computer systems, and embedded processors and controllers,
or the virtual space constituted by a computer network with a set of distributed applications
and its users,


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(z) Cyberterrorism - A violation of the Human Security Act of 2007 committed

through or using the Internet or information and communications technology.

(aa) Cyberwarfare - The damaging, disruptive, saboteurish, or infiltrative actions, or
analogous acts of a belligerent nature, by a nation-state or violent non-state actor against the
Philippines, its government, or its citizens, with the intent to cause damage and disruption to
the people, property, infrastructure,. or systems of the Philippines, through or using
computers, information and communications technology, networks, or the Internet

(ab) Data - The reinterpretable representation of information in a formalized manner
suitable for communication, Interpretation, or processing, or information represented in a
manner suitable for automatic processing.

(i) Data, private - Any and all data that does not fall under the definition of
public data,

(ii) Data, public - Data which is available to the public without access being
restricted by requirements of membership, non-disclosure agreements or
similar.

(iii) Data, traffic - Data that is readable and usable only solely by and between
devices, computers, systems or networks, used for purposes of facilitating the
transfer of information between devices, computers, systems or networks.

(ac) Device - The material element or assembly of such elements intended to perform
a required function.

(ad) Download - The transfer of data or information from the Internet or a network to
a device or computer upon request of the user for this information.

(ae) Encryption - An encoding scheme that produces meaningless information to all
observers except those with the decryption key made for the purpose.

(af) End user license agreement - The legal agreement between two parties, one of
which is the user, that stipulates the terms of usage of a device, software, or service.

(ag) Equipment - A single apparatus or set of devices or apparatuses, or the set of
main devices of an installation, or all devices necessary to perform a specific task

(i) Data processing equipment - Equipment used to process data electronically.
(ii) Network equipment - Equipment used to allow data communication
between devices, computers, systems, networks, or the Internet.

(iii) Storage equipment - Equipment used to store data in an electronic form
and allow the retrieval of data by electronic means.


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(ah) Executable - The ability of a code, script, software, or computer program to be
run from start to finish in a device or computer, and providing a desired result

(ai) Free and open-source software - Liberally licensed software whose license grants
users the right to use, copy, study, change, and improve its design through the availability of
its source code.

(aj) Hardened - The state of reduced vulnerability to unauthorized access or control or
to malicious attacks of a device, computer, network, or information and communications
technology infrastructure.

(ak) Hardware - The collection of physical elements that comprise a device,
equipment, computer, system, or network

(al) High-speed connection - A service that provides data connection to networks and
the Internet that has data rates faster than what is generally available to the general public.

(am) High-volume connection - A service that provides data connection to the
networks and the Internet that allows volumes of uploadable and/or downloadable data larger
than what is generally available to the general public,

(an) Information - Data that can be readily understood by a user immediately upon
access, which may include but is not limited to text, pictures, video, or any combination
thereof. The word is synonymous to content. Data that is readable and usable only by and
between devices, computers, systems or networks, such as traffic data, is not information.

(i) Private information - Refers to any of these three classes of information:
(1) any information whether recorded in a material form or not, from
which the identity of an individual is apparent or can be reasonably and
directly ascertained by the entity holding the information, or when put
together with other information would directly and certainly identify
an individual;
(2) Any and all forms of data which under the Rules of Court and other
pertinent laws constitute privileged communication; and,
(3) any information whose access requires the grant of privileges by a
duly-constituted authority, which may include but is not limited to a
systems or network administrator.

(ii) Sensitive private information - Refers to personal information:
(1) About an individual's race, ethnic origin, marital status, age, color,

and religious, philosophical or political affiliations:


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(2) About an individual's health, education, genetic or sexual life of a
person, or to any proceeding for any offense committed or alleged to
haye been committed by such person, the disposal of such proceedings,
or the sentence of any court In such proceedings;
(3) Issued by government agencies peculiar to an individual which
includes, but not limited to, social security numbers, previous or
current health records, licenses or its denials, suspension or revocation,
and tax returns; and
(4) Specifically established by an executive order or an act of Congress
to be kept classified
(iii) Public information - Any information that is not restricted by virtue of the
preceding definitions and can be readily accessed- by -any interested member
of the public.

(ao) Information and communications technology - The integration of real-time
communication services, non-real-time communication services, and telecommunications,
computers, software, hardware, storage, and devices, which enable users to access, store,
transmit, and manipulate information.

(ap) Internet - The global system of interconnected computer networks linked by
various telecommunications technologies and that uses the standard internet protocol suite.

(aq) Medium - A material used for specific purposes.

(i) Storage medium - The physical material or device in which data or
information may be stored, which includes but is not limited to magnetic tape,
disk drives, flash devices, electrically erasable programmable read-only
memory (EEPROM) chips, optical media disks, punched cards, and paper.

(ii) Transmission medium - The physical material through which a data
communication signal is transmitted, which includes but is not limited to

twisted-pair copper wire, coaxial cable, optical fiber, and air.

(ar) Network - A collection of computers, devices, equipment, and other hardware

interconnected by communication channels that allow sharing of resources and information.

(i) Open network - A network, such as the Internet, which allows any entity or
device to interconnect with freely at” any time and become a user or part of
the network, provided the entity or device uses the same or compatible
communications protocols, and which allows any user lo cease

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interconnectivity with freely at any time, provided the user does so in a
manner that does not compromise the security protocols of the open network
or of other users.

(ii) Private network - A network which is operationally private by nature and
not universally accessible by the general public.

(iii) Public network - A network which provides services to the general public

(as) Offline - The state of being disconnected from the Internet or networks,

(at) Online - The state of being connected to the Internet or a network.

(au) Ownership - Ownership is defined by the Civil Code

(i) Privately-owned - Ownership as provided for by the Civil Code of the
Philippines by a natural person or a juridical person under Article 44
paragraph (3) of the Civil Code.

(ii) Publicly-owned - Ownership as provided for by the Civil Code of the
Philippines by a juridical person under Article 44 paragraphs (1) and (2) of the
Civil Code

(av) Physical plant - The building, structure, and infrastructure necessary to support

and maintain a facility.

(aw) Platform - The hardware architecture and/ or software framework, including

application frameworks, whose combination allows a user to run software.

(ax) Privacy - May refer to any of these definitions, or a combination of these

definitions:

(i) the right guaranteed and protected by the Constitution;

(ii) the right of individuals to control or influence what personal information
related to them may be collected, managed, retained, accessed, and used or
distributed;

(iii) the protection of personally identifiable information; and,

(Iv) a way to ensure that information is not disclosed to anyone other than the
intended parties (also known as "confidentiality".

(ay) Privilege - A right that, When granted to an entity, permits the entity to perform

an action.

(i) Privileged access - The completely unrestricted access of a user to the

resources of'a device, computer, system, or network:


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(ii) Privileged control - The completely unrestricted ability of a user to use the
resources, modify the configuration, and otherwise exert a directing influence
‘on the operation ofa device, computer, system, or network.

(az) Processing - The act of performing functions or activities on data or information.
(i) Processing (Data Privacy Act) - Any operation or any set of operations
performed upon personal, information including, but. not limited to, the
collection, recording, organization, storage, updating or modification,
retrieval, consultation, use, consolidation, blocking, erasure or destruction of
data, (RA 10173)

(ii) Data processing - Any process to enter data and summarize, analyze or
otherwise convert data into usable information.

(iii) Information processing - The transformation of information in one form to
information in another form through an algorithmic process.

(ba) Protocol- A defined set of procedures adopted to ensure communication, or a set
of rules for data transmission in a system interlinking several participants.

(bb) Publication - The act of making works available to the public by wire or wireless
‘means in such a way that interested members of the public may access these works from a
place and time individually chosen by them.

(bc) Script - A computer program or sequence of instructions that is interpreted or
carried out by another computer program instead of directly by a computer, device, or
equipment.

(bd) Security - The ability to prevent fraud as well as the protection of information
availability, integrity and confidentiality,

(i) Security, behavioral - The use of laws, regulations, policies, procedures,
instructions and the like to influence or restrict behavior for purposes of
maintaining security.

(ii) Security, electronic - The use of computer programs, software,. code,
scripts, devices, or equipment for purposes of maintaining security.

(iii) Security, physical - The use of locks, gates, security guards, and other
analogous means, for purposes of maintaining security.

(be) Service - A set of functions offered to a user by another person or by an

organization.

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(bf) Service quality - The collective effect of service performance which determines
the degree of satisfaction of a user of the service,

(bg) Software - The set of programs, procedures, algorithms and its documentation
concerned with the operation of a data processing system, computer, device, or equipment.

(bh) Software application - Software designed to help a user perform a specific task or
set of tasks.

(bi) State - The Republic of the Philippines, any of its political subdivisions,
departments and agencies, including but not limited to government owned or controlled
corporations or government corporate entities.

(bj) Telecommunications - A service or system of interconnected entities providing
the ability to exchange and interchange data between points or from a point to multiple
points.

(bk) Universal access - The provision of adequate and reliable facilities at reasonable
charges in all areas within Philippine jurisdiction, as far as is technologically sound and
practicable and subject only to technological and reasonable economic limitations, without
any discrimination on the basis of gender, sexual orientation, religious belief or affiliation,
political belief or affiliation, ethnic or regional affiliation, citizenship, on nationality.

(bl) Upload - The transfer of data or information to the Internet or a network from a
device or computer, initiated by the user

(bm) Uptime - The time a device, equipment, computer, or network can be left
unattended without suffering failure, or needing to be undergo administrative or maintenance
purposes.

(bn) User - Any person, whether natural or juridical, or any entity that makes use of a
part or whole of the resources of a device, equipment, computer, system, network, software,
software application, code, or script

(bo) Virus - Any computer program, code, or script that implements unauthorized
and/or undesirable changes to a device, computer, equipment, system, or network. For
purposes of this Act, the term may be used synonymously with malware, spyware, worms,
trojans, and the like

Part 3, Internet Rights and Freedoms

Section 4. Right to freedom of speech and expression on the Internet. -


(a) The State shall, within its jurisdiction:

(i) Protect and promote the freedom of speech and expression on the Internet;
(ii) Protect the right of the people to petition the government via the Internet
for redress of grievances;

(iii) Protect the right of any person to publish material on or upload
information to the Internet; and,

(iv) Not promote censorship or the restriction of the viewing of any content on
the Internet, until after the issuance of an appropriate Order pursuant to the
provisions of this Section

(b) A person's right to publish content on the Internet, or to remove one's own
published content or uploaded data, is recognized as integral to the constitutional right to free
expression and shall not be subject to any licensing requirement from the State.

(c) Any State action that constitutes prior restraint or subsequent punishment in
relation to one's Internet's rights shall be authorized only upon a judicial order issued in
conformity with the procedure provided under Section 5 of this Act. Provided. that
notwithstanding Section 5, any such judicial order issued upon motion of the Republic of the
Philippines, any of its political subdivisions or agencies including government-owned or
controlled corporations, shall be issued only upon the following grounds:

(i) the nature of the material or information subject of the Order creates a clear
and present danger of a substantive evil that the state has a right or duty to
prevent:

(ii) the material or information subject of the Order is not protected expression
under the standards of the community or the audience toward which the
material or information is directed; and

(iii) the publication of the material or the uploading of the information subject
of the Order will constitute a criminal act punishable by laws enumerated in

Section 5 of this Act.

(d) No person shall be compelled to remove published content or uploaded data from
the Internet that is beyond the said person's capacity to remove, The party seeking to compel
the removal of the content or data has the burden to prove that the person being compelled
has the capacity to remove from the Internet the specific content or data. For purposes of this
section, content or data retained in web archives or mirror sites are presumed to be content
and data that is beyond the capacity of the person being compelled to remove.

2


2 Section 5, Promotion of universal access to the Internet,

3 (a) The State shall, within its jurisdiction, protect and promote universal access to the
4 Internet

5 (b) A person's right to unrestricted access to the Internet may, upon discretion of the
6 — appropriate Cybercrime Court whose jurisdiction is defined in this Act, be suspended as an
7 accessory penalty, Upon final convictiOl for any of the following criminal offenses:

8 (i) The felonies of robbery, theft, estafa, falsification, malversation, and
9 usurpation of authority or official functions, as defined in appropriate penal
10 laws, committed by through or using the Internet or information and
11 communications technology:
2 (ii) Any criminal offense defined and punishable in the following special penal
2B laws: the Anti-Trafficking in Persons Act of 2003 (RA 9208), the Anti-Graft
4 and Corrupt Practices Act, the Code of Conduct and Ethical Standards for
15 Public Officials and Employees (RA 6713), the Anti-Money Laundering Act
16 of 2001 (RA 9160), the Violence Against Women and Children Act (RA
7 9262), the Special Protection of Children Against Abuse, Exploitation, and
18 Discrimination Act (RA 7610), the Child and Youth Welfare Code (PO 603),
13 the Anti-Child Pornography Act of 2009 (RA 9775), the Human Security Act
20 of 2007 (RA 9732), or the Data Privacy Act of 2012 (RA 10173), committed
21 through or using the Internet or information and communications technology;
22 or
23 (iii) Any criminal offense defined and punishable by this Act. The right of
24 person accused of any of the above offenses to unrestricted access to the
25 Internet may be suspended or limited by the court of competent jurisdiction
26 pending final judgment upon a showing, following notice and hearing, that
27 there is a strong likelihood that the accused will be able to facilitate the
28 commission of the offense so charged unless such order were issued.

29 (c) It is presumed that all persons have the right to unrestricted access to the Internet,

30 subject to the parameters established under this Act. Any voluntary restriction or waiver of
31 such right must be established by preponderance of evidence.

32 Any final judicial relief that seeks to limit or suspend, in whole or in part, one's right
33 to unrestricted access to the Internet, shall be determined in accordance with the appropriate

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law, including but not limited to the Civil Code and this Act. Any civil action that seeks as a
relief, in part or in whole, the limitation or suspension of a person's right to unrestricted
access to the Internet, shall be filed exclusively with the Cybercrime Courts.

No court shall issue any provisional Order suspending the right to unrestricted access
to the Internet of any person without prior notice and hearing, and only upon the grounds for
the issuance of a preliminary injunction under the Rules of Court.

(d) The authority of the State to suspend one's right to unrestricted Internet access is
confined solely to the courts of competent jurisdiction and may not be exercised by any
government agency, notwithstanding any contrary provisions of law. The right of the State to
infringe a person's right to unrestricted Internet access shall be governed by Section 5 of this
Act

(e) No person or entities offering Internet access for free, for a fee, or as an extra
offering separate from the services already being offered, including but not limited to any
hotel, restaurant, commercial establishment, school, religious group, organization, or
association, shall restrict access to the Internet or any other public communications network
from within its private network, or limit the content that may be accessed by its employees,
students, members, or guests, without a reasonable ground related to the protection of the
person or entity from actual or legal threats, the privacy of others who may be accessing the
network, or the privacy or security of the network as provided for in the Data Privacy Act of
2012 (RA 10173) and this Act.

(f) The State, through the Department of Information and Communication
Technology in coordination with the Department of Tourism, Commission on Higher
Education, and Local Government Units, shall provide free WIFI access in designated public
areas. This provision does not prejudice the Department of Information and Communication
‘Technology from partnering with private entities (o accomplish this goal.

(z) These public areas may include but not be limited to the following:

1. common areas of local government offices;

. train stations;

bus stations:

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4. tourism spots;
5. National Heritage spots;
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public parks; and

7 designated areas within State Universities and Colleges.


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Section 6. Right to privileged uccess to and control of devices. -

(a) The State shall, within its jurisdiction, protect the right of a person to gain or attain
privileged access or control over any device over which the person has property rights.

(b) Any person involved in the wholesale or retail of devices may install, implant, or
otherwise put in a device a component, a configuration, or code that shall restrict the
operation of a device; Provided, the installation or implantation is for the sole purpose of
ensuring the privacy or security of the interconnection or inter operability of the device with
public or private networks or Internet or information and communications technology
infrastructure; Provided further, that notice is provided to potential buyers of the device of the
presence of the component, configuration, and code; Provided further, that the buyer may
request the removal or modification of the component, configuration, or code prior to
purchase from the seller and shall assume all risks attendant to such removal or modification.
Removal or modification of the component, configuration, or code by any person except the
seller, manufacturer, or duly authorized representative may be cause for a waiver of the
warranty of the device.

(c) Unless otherwise provided by law, any person who has property rights over any
device may, by physical, electronic, or any other means, gain or attain privileged access or
control to such device; Provided, the gain or attainment of privileged access or control was
not intended to circumvent the protection of or cause the actual infringement on intellectual

property rights of another person

Section 7. Protection of the freedom to innovate and create without permission. «

(a) The State shall, within its jurisdiction, protect and promote the freedom to
innovate and create without need for permission. No person shall restrict or deny another
person the right to develop new information and communications technologies, without due
process of law or authority vested by law.

(b) Subject to such conditions as provided for in the Intellectual Property Code and
other relevant laws, no person shall be denied access to new information and communications
technologies, nor shall any new information and communications technologies be blocked,
censored, suppressed, or otherwise restricted, without due process of law or authority vested

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(c) No person who shall have created, invented, innovated, or otherwise developed a
new information and communications technology shall be penalized for the actions of the

users of the new information and communications technology.

Section 8. Right (o privacy of data. -

(a) The State shall, within its jurisdiction, promote the protection of the privacy of
data for all persons.

(b) Any person shall have the right to employ means such as encryption or
cryptography to protect the privacy of the data or networks which such person owns or
otherwise possesses real rights over.

(c) Subject to such conditions as provided for in the Data Privacy Act of 2012 (RA
10173) and other relevant laws, no person shall access the private data of another person.

(d) The State shall, within its jurisdiction, guarantee a person's right of privacy over
his or her data or network rights, and such person's rights employ reasonable means to protect
such right of privacy.

(e) The State is required to ensure the appropriate level of privacy of the data and of
the networks maintained by it. Failure to do so shall be penalized by this Act and other
relevant laws.

(f) Except upon a final ruling from the courts, issued in accordance with this act, no
person may compel an agency or instrumentality of the State maintaining data or networks to
reduce the level of privacy of the data or of the networks.

Section 9. Right to security of data. -

(a) The State shall, within its jurisdiction, promote the protection of the security of
data for all persons.

(b) Any person shall have the right to employ means, whether physical, electronic, or
behavioral, to protect the security af his or her data or networks over which the person has
ownership

(c) No third party shall be granted access to the private data or networks of a person
by an Internet service provider, telecommunications entity, or such person providing Internet
or data services, except upon a final court order issued in accordance with Section 5 of this
Act. It shall be a condition precedent to the filing of such action for access to private data that

the person owning such data be first properly notified of such a request by the Internet service
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provider, telecommunications entity, or such person providing Internet or data services, and
that such person has refused to grant the requested access. A person shall not be deemed to
have been properly notified unless the person has acknowledged the notification of the
request for access and has agreed to grant or refuse access.

(d) No third party granted the right to access the private data or networks of a person
by an Internet service provider, telecommunications entity, or other such person providing
Internet or data services, shall be given any property rights over the data being accessed, the
media where the private data is stored, the equipment through which the network is run or
maintained, or the physical plant where the network equipment is housed, beyond the right to
access the private data or network, unless otherwise granted such rights by the courts
following the appropriate action and final order

(e) No person shall be deprived of his or her device, network equipment, or physical
plant that may be the subject of an appropriate complaint filed in connection with this Act,
except:

(ii) Upon a lawful warrant issued in connection with the appropriate criminal
case by the courts in accordance with the Rules of Court, Provided, that there
must first be a determination from the courts that the data, information, or
contents cannot be separated from the device, network equipment, or physical
plant; and,

(ii) Upon a final decision by the courts issued in accordance with Section 5 of
this Act.

(£) The State shall be required to ensure the appropriate level of security of the data
and of the networks, whether private or public, that it maintains, Failure to do so shall be
penalized by this Act and other relevant laws

(g) It shall be unlawful for any person to compel an agency or instrumentality of the
State maintaining data or networks to reduce the level of security of the data or of the

networks being maintained.

Section 10. Protection of intellectual property. -

(a) The State shall, within its jurisdiction, protect the intellectual property published
‘on the Internet of all persons, in accordance with the Intellectual Property Code of the
Philippines (RA 8293), as amended, and other relevant laws

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(b) It shall be presumed that any content published on the Internet is copyrighted,
unless otherwise explicitly provided for by the author, subject to such conditions as provided
for in the Intellectual Property Code of the Philippines (RA 8293), as amended, and other
relevant laws.

(c) Subject to the Intellectual Property Code of the Philippines (RA 8293), as
amended, and other relevant laws, no Internet service provider, telecommunications entity, or
such person providing Internet or data services shall have intellectual property rights over
derivative content that is the result of creation, invention, innovation, or modification by a
person using the service provided by the Internet service provider, telecommunications entity,
or such person providing Internet or data services, unless such content is a derivative work of
content already owned by or assigned to the Internet service provider, telecommunications
entity, or such person providing Internet or data services acting as a content provider. The
exception to the intellectual property rights of the person must be explicitly provided for via
an end user license agreement to which both parties have agreed, and the existence of the
derivative content must be dependent on the service provided by the Internet service provider,
telecommunications entity, or such person providing Internet or data services.

(d) Notwithstanding existing provisions of law, it shall be presumed that the parents
or guardians of a minor shall have provided agreement and shall be bound to the terms of an
end user license agreement should the minor in their care Signify agreement to the end user
license agreement

(e) Notwithstanding existing provisions of law, it shall be presumed that any
infringement of intellectual property rights by a minor was done with the knowledge and

consent of his parents or guardians.

Section 11. Protection of the Internet as an open network. -

(a) The State shall, within its jurisdiction, protect and promote the Internet as an open
network,

(b) No person or entity shall restrict or deny the interconnection or inter operability of

a device, an equipment, or a network that is capable of such interconnection or inter

operability to the Internet, to other public networks, or to other Internet service providers,

telecommunications entities, or other such persons providing Internet or data services,

without due process of law or authority vested by law. Provided, Customer premises

equipment as redefined by this Act, shall not be covered by the requirements under this

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Section. Provided, further, The inter operability of a device, an equipment, or a network
within a private network may be restricted by the duly authorized system and/or network
administrators of the private network, subject to the provisions of the Data Privacy Act of
2012 (RA 10173) and other relevant laws

Section 12. Promotion of network neutrality. - No person or entity shall restrict the

flow of data or information on the Internet on the basis of content, nor shall any person
institute and employ means or methods to favor the flow of information on the Internet of one
class of data or information over another on the basis of content, except:

(a) if the data or information whose flow is being favored is used to solely to manage
the security or service quality of a network, or of an Internet or data service, and;

(b) the data or information whose flow is being favored cannot be used for any other

purpose other than the management of security or service quality of the network.

Section 13. Promotion of the use of the Internet and information and communications
technology for purposes of transparency in governance and freedom of information. ~

(a) The State recognizes that the Internet and ICT can facilitate the dissemination of
information and the promotion of transparency in governance. Therefore. subject to the
provisions of the Data Privacy Act of 2012 (RA10173) and applicable laws on government
information classification, the State shall, within practicable and economically reasonable
limits. provide for and maintain a system that shall allow the public to view and download
public information on plans, policies, programs, documents, and records of government.

(b) The State shall publish and make available for download, in readily processed
formats, such as plain text documents, comma-separated values spreadsheets, or open
standard multimedia data, and its authenticity readily verifiable through a check sum standard
as determined by the Internet Engineering Task Force or a similar globally recognized
standards organization, the following government public information, in the interest of
transparency and good governance.

(i) Audited financial statements, and budget and expenditure records,

(ii) Statements of assets, liabilities, and net worth, as prescribed by the Code
of Conduct and Ethical Standards of Public Officials and Employees (RA
6713);

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(iii) Performance review results, as prescribed by the Anti-Red Tape Act of
2007 (RA 9485) and other relevant laws;
(iv) laws, rules, regulations, memorandum circulars and orders, letters of
instruction, office orders, and other executive issuances required to be
published in the Official Gazette or submitted to the Office of the National
Administrative Registrar, or which are essential to the performance of duties
of public officials and employees: and,
(v) Other such information of the State that does not fall within any valid
claim of executive privilege,

(c) The State shall ensure that any format used for the files available for download are

in common use, platform independent, machine readable, or is based on an underlying open
standard, developed by an open community, affirmed and maintained by a standards body
and such open standard must be fully documented and publicly available. Such files must be:

(i) In easily processed formats, such as plain text ‘documents, comma-separated’
values spreadsheets, and open multimedia formats;

(ii) Without restrictions that would impede the re-use of that information. Provided,
that the State shall not be precluded from charging reasonable fees to cover the cost of
organizing, maintaining, and publishing such information; Provided further, that the
State shall not be precluded from publishing the information in supplemental file
formats as the public may so request; and,

(iii) Have their authenticity verifiable through a check sum standard determined by
the Internet Engineering Task Force or similar globally reputable organization. The
Bureau of Product Standards of the Department of Trade and Industry shall be
responsible for setting the standards for the file formats to be used by the State in the
publication of government public information, in accordance with the provisions of

this Act

(d) The State shall maintain websites or applications with mechanisms to allow for the public
to provide feedback, lodge complaints, or report instances of malfeasance or misfeasance.
Such mechanisms shall not disallow anonymous feedback, complaints, or reports, and the
State shall take appropriate steps to protect persons making feedback, complaints, or reports

from retaliation or persecution

Part 4, Regulations for the Promotion of Internet Rights and Freedoms.
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Section 14, Declaration of Compliance with Treaty Obligations and: International
Conventions. -

(a) The State recognizes that the Internet itself is possible through the standardization
of units across multiple jurisdictions.

(b) The standards for networks and the Internet, as set by the International
Telecommunications Union (ITU), the Internet Engineering Task Force (IETF), the World
Wide Web Consortium (WWWC), and the Internet Corporation for Assigned Numbers and
Names (ICANN), and their successors-in-interest_ are hereby adopted. No agency or
instrumentality of the State shall issue rules and regulations contrary to these.

(c) The State recognizes that the rights and obligations in the use of networks and the
Internet that shall be guaranteed and imposed by this Act are subject to its treaty obligations
and obligations under instruments of international law.

(d) The State reaffirms its compliance to the treaties and international conventions to
which it is a signatory, to wit, the International Covenant on Civil and Political Rights
(ICCPR), the International Covenant on Economic, Social, and Cultural Rights (ICESCR),
the Convention on the Rights of the Child (CRC), the Convention on the Elimination of All
Forms of Racial Discrimination (ICERD), the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), the Convention on the Rights of Persons with
Disabilities (CRPD), the United Nations Convention against Transnational Organized Crime,
the United Nations Convention against corruption, the Geneva Convention, the United
Nations Convention on Certain Conventional Weapons, the Rome Statute of the International
Criminal Court, the Convention on Cybercrime (Budapest Convention), and the General
Agreement on Tariffs and Trade (GATT), among others. No agency or instrumentality of the
State shall issue rules and regulations governing the use of networks and the Internet contrary
to these.

(e) The State shall keep abreast with and be guided by developments of the Internet

and of information and communications technology under intemational law and shall

continually design and implement policies. laws, and other measures to promote the

objectives of this Act.

Section 15. The State as the Primary Duty Bearer. - The State, as the primary duty-
bearer, shall uphold constitutional rights, privileges, guarantees, and obligations in the

development and implementation of policies related to the Internet and information and
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communication technology. The State shall fulfill this duty through law, policy, regulatory
instruments, administrative guidelines, and other appropriate measures, including temporary

special measures,

Section 16. Duties of the State Agencies and Instrumentalities. -

(a) Internet and Information and Communications Technology Policy. - Subject to
provisions of this Act, the Department of Information and Communications Technology shall
be the lead agency for oversight over the development and implementation of plans, policies,
Programs, measures, and mechanisms in the use of the Internet and information and
communications technology in the Philippines.

(b) Cybercrime Law Enforcement, - Subject to provisions of this Act, the Department
of Justice, The Department of Interior and Local Government, the Department of Social
Welfare and Development, the Department of Information and Communications Technology,
the National Bureau of Investigation, and the Philippine National Police shall be jointly
responsible over the development and implementation of plans, policies, programs, measures,
and mechanisms for cybercrime law enforcement in the Philippines,

(c) Cyberdetense and National Cybersecurity. - Subject to provisions of this Act, the
Department of National Defense shall be the lead agency for oversight over the development
and implementation of plans, policies, programs, measures, mechanisms, and weapons for
national cyberdefense and cybersecurity.

(d) Information and Communications Technology Infrastructure Development. ~

(i) Subject to provisions of this Act, the Department of Information and
Communications Technology shall have responsibility to develop and implement
plans, policies, programs, measures, and mechanisms for the development of
information and communications technology infrastructure in the Philippines and the
promotion of investment opportunities to this end.

(ii) ICT infrastructure and facilities, including the civil works components
thereof, fall within private sector infrastructure or development projects as defined
under Republic Act No. 6957, as amended by Republic Act No. 7718, and may, upon
the discretion of the National Government or local government units, be the subject of
the contractual arrangements authorized under the said law. Provided, that the DICT
shall be the implementing agency of such projects to be implemented by the national
government; Provided, further, that the DICT shall have the right to require its prior

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concurrence to such projects implemented by local government units, through duly
promulgated regulations that specify, among others, the requisite threshold contract
prices that would require prior concurrence of the DICT.

(iii) The procurement by the national government or by local governments of
ICT-related goods and services which will not be implemented under Republic Act
No. 6957, as amended by Republic Act No. 7718, shall be governed by Republic Act
No, 9184,

(iv) The development and operation of information and communications
technology infrastructure and facilities is hereby declared as a preferred area of
inyestment and shall be included in the annual Investment Priority Plan issued in
accordance with the Omnibus Investments Code. Subject to the contrary factual
determination of the Board of Investments, an entity involved in the development and
operation of information and communications technology infrastructure and facilities
is presumed to be entitled to register as a registered enterprise under the Investment
Priorities Plan; Provided, that an enterprise that proposes to operate a public utility or
public service shall be subject to the equity requirements imposed by the Constitution
and by applicable laws; Provided, further, that any such entity which intends to
operate in a special economic zone or in a tourism economic zone as defined by
applicable law shall be entitled to receive the additional investment incentives granted
to such zone- registered enterprises in accordance with the applicable law; Provided,
finally, that nothing in this Section shall be construed to limit the available incentives
to which an entity may be entitled to under Republic Act No. 6957, as amended.

(vy) The implementing rules of the registration of the entity involved in the
development or operation information and communications technology as well as the
incentives provided herein shall be developed by the Board of Investments together
with the DICT and the Department of Finance.

(vi) Subject to joint oversight by the DICT, the DOF, the Department of
Budget and Management, and the Commission on Audit, the NEDA may establish a
venture capital corporation to encourage research and development of information and
communications technology In the Philippines.

(e) Human Resources, Skills and Technology Development for Information and

Communications Technology. - Subject to provisions of this Act, the Department of
Information and Communications Technology, the Department of Science and Technology,

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and the Technical Education and Skills Development Authority shall have the joint
responsibility to develop and implement plans, policies, programs, measures, and
mechanisms for the development of human resources, skills development, and technology
development for information and communications technology infrastructure in the
Philippines

(f) Information and Communications Technology Education. - Subject to provisions
of this Act, the Department of Information and Communications Technology, the Department
of Education, and the Commission on Higher Education shall have the joint responsibility to
develop , and implement plans, policies, programs, measures, and mechanisms for
information and communications technology education in the Philippines

(g) Intellectual Property Rights Protection in Cyberspace. - Subject to provisions of
this Act and other relevant laws, the Intellectual Property Office shall, within Philippine
jurisdiction, be primarily responsible for the protection of intellectual property rights in
cyberspace. As official registrar and repository of copies of published works, the National

Library and the National Archives shall assist the Intellectual Property Office in the

protection of copyright.

Section 17. Amendments 1a the Public Telecommunications Policy Act othe
Philippines.

(a) Jurisdiction over the provision and regulation of Internet and information and
communications technology services shall be vested with the National Telecommunications
Commission, in accordance with the succeeding provisions.

(b) Article IIL, Section 5 of Public Telecommunications Policy Act of the Philippines
(RA 7925) is hereby amended to read

Section 5. Responsibilities of the National Telecommunications Commission

~ The National ‘Telecommunications Commission (Commission) shall be the principal

administrator of this Act and as such shall take the necessary measures to implement
the policies and objectives set forth in this Act. Accordingly, in addition to its existing
functions, the Commission shall be responsible for the following

a) Adopt an administrative process which would facilitate the entry of

qualified service providers and adopt a pricing policy which would generate

sufficient retums to encourage -them to provide basic telecommunications, "
NETWORK, AND INTERNET services in unserved and underserved areas;

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b) Ensure quality, safety, reliability, security, compatibility and
interoperability of telecommunications, NETWORK, AND INTERNET
services in conformity with standards and specifications set by international
radio, telecommunications, NETWORK, AND INTERNET organizations to
which the Philippines is a signatory;

c) Mandate a fair and reasonable interconnection of facilities of
authorized public network operators. and other providers of
telecommunications, NETWORK, AND INTERNET services through
appropriate modalities of interconnection and at a reasonable and fair level of
charges, which make provision for the cross subsidy to unprofitable local
exchange service areas so as to promote telephone [density], MOBILE
PHONE, NET'WORK, AND BROADBAND DENSITY and provide the most
extensive access to basic telecommunications, NETWORK, AND INTERNET
services available at affordable rates to the public:

XXX

e) Promote consumers’ welfare by facilitating access to
telecommunications, NETWORK, AND INTERNET SERVICES whose
infrastructure and network must be geared towards the needs of individual and
business users, AND BY DEVELOPING AND IMPLEMENTING
STANDARDS, PLANS, POLICIES, PROGRAMS, MEASURES, AND.
MECHANISMS, INCLUDING ARBITRATION, QUASI-JUDICIAL, AND
PROSECUTORIAL MECHANISMS, TO PROTECT THE WELFARE OF
CONSUMERS AND USERS OF TELECOMMUNICATIONS, NETWORK,
AND INTERNET SERVICE:

XXX

(b) Article III, Section 6 of the Public Telecommunications Policy Act of the
Philippines is hereby amended to read

Section 6. Responsibilities of and Limitations to Department Powers. ~ The

Department of [Transportation and Communications (DOTC)] INFORMATION

AND COMMUNICATIONS TECHNOLOGY (DICT) shall not exercise any power

which will tend to influence or effect a review or a modification of the Commission's

quasi-judicial functions.
25


1 In coordination with the Commission, however, the Department shall, in
2 accordance with the policies enunciated in this Act, be responsible for:

3 XXX

4 ©) the representation and promotion of Philippine interests in
5 international bodies, and the negotiation of the nation’s rights and obligations
6 in international {telecommunications] INFORMATION TECHNOLOGY,
7 COMMUNICATIONS, NETWORK, AND INTERNET matters; and

8 d) the operation of a national consultative forum to facilitate
9 interaction amongst the [telecommunications industries] INFORMATION,
10 COMMUNICATIONS, NETWORK, AND INTERNET INDUSTRIES,
sty USER GROUPS, academic and research institutions in the airing and
2 resolution of important issues in the field of [communications)
13 TELECOMMUNICATIONS AND THE INTERNET.

14 XXX

41s

16 (c) Article TV of the Public Telecommunications Policy Act of the Philippines is

17 hereby amended to include the following provisions:

18 SECTION 10A. LOCAL INTERNET SERVICE PROVIDER. - A LOCAL
19 INTERNET SERVICE PROVIDER SHALL:

20

a (A) PROVIDE UNIVERSAL INTERNET CONNECTION SERVICE
22 TO ALL. SUBSCRIBERS WHO APPLIED FOR SUCH SERVICE, WITHIN
23 A REASONABLE PERIOD AND AT SUCH STANDARDS AS MAY BE
24 PRESCRIBED BY THE COMMISSION AND AT SUCH TARIFF AS TO
25 SUFFICIENTLY GIVE !I'f A FAIR RETURN ON ITS INVESTMENTS.

26

27 (B) BE PROTECTED FROM UNCOMPENSATED BYPASS OR
28 OVERLAPPING OPERATIONS OF OTHER TELECOMMUNICATIONS
29 ENTITIES IN NEED OF PHYSICAL LINKS OR CONNECTIONS TO ITS
30 CUSTOMERS IN THE AREA EXCEPT WHEN IT IS UNABLE TO
31 PROVIDE, WITHIN A REASONABLE PERIOD OF TIME AND AT
32 DESIRED STANDARD, THE INTERCONNECTION ARRANGEMENTS
33 REQUIRED BY SUCH ENTITIES

26


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(C) HAVE THE FIRST OPTION TO PROVIDE PUBLIC OR
PRIVATE NETWORK ACCESS OR INTERNET ACCESS NODES OR
ZONES IN THE AREA COVERED BY ITS NETWORK.

(D) BE ENTITLED TO A FAIR AND EQUITABLE REVENUE
SHARING ARRANGEMENT WITH THE INTERNET EXCHANGE,
INTERNET DATA CENTER, INTERNET GATEWAY FACILITY, OR
SUCH OTHER CARRIERS CONNECTED TO ITS BASIC NETWORK.

PROVIDED THAT THE SERVICE IT PROVIDES IS SOLELY
DEPENDENT ON EXISTING NETWORKS BEING OPERATED AND
MAINTAINED BY AT LEAST ONE OTHER TELECOMMUNICATIONS
ENTITY, A LOCAL INTERNET SERVICE PROVIDER NEED NOT
SECURE A FRANCHISE.

A CABLE TV FRANCHISE MAY PROVIDE LOCAL INTERNET
CONNECTION, NETWORK, OR DATA TRANSMISSION SERVICES WITHOUT
A SEPARATE FRANCHISE; PROVIDED, THAT THE OPERATION OF
INTERNET CONNECTION, NETWORK, OR DATA TRANSMISSION SERVICE
BY THE CABLE TV FRANCHISE SHALL BE GOVERNED BY THIS ACT AND
OTHER RELEVANT LAWS.

THE PROVISION OF INTERNET CONNECTION, NETWORK, OR DATA.
TRANSMISSION SERVICES SHALL BE ALSO BE GOVERNED BY THE
PUBLIC SERVICE ACT, AS AMENDED, AND OTHER RELEVANT LAWS
GOVERNING UTILITIES.

SECTION 10B, INTERNET EXCHANGE. - THE NUMBER OF ENTITIES
ALLOWED TO PROVIDE INTERNET EXCHANGE SERVICES SHALL NOT BE
LIMITED, AND AS A MATTER OF POLICY, WHERE IT IS ECONOMICALLY
VIABLE, AT LEAST TWO (2) INTERNET EXCHANGES SHALL BE
AUTHORIZED: PROVIDED, HOWEVER, THAT A LOCAL INTERNET

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SERVICE PROVIDER SHALL NOT BE RESTRICTED FROM OPERATING ITS
OWN INTERNET EXCHANGE SERVICE IF ITS VIABILITY IS DEPENDENT
‘THERETO. SUCH INTERNET EXCHANGE SHALL HAVE THE FOLLOWING
OBLIGATIONS:

(A) IT SHALL INTERCONNECT WITH ALL OTHER INTERNET
EXCHANGES IN THE SAME CATEGORY AND WITH ALL LOCAL
INTERNET SERVICE PROVIDERS AND OTHER
TELECOMMUNICATIONS. ENTITIES, UPON APPLICATION AND
WITHIN A REASONABLE TIME PERIOD, AND UNDER FAIR AND
REASONABLE LEVEL CHARGES, IN ORDER THAT INTERNET AND
NETWORK SERVICES ARE MADE POSSIBLE: AND

(B) If SHALL HAVE THE RIGHT TO ESTABLISH AND
OPERATE ITS OWN NETWORK FACILITIES THROUGH WHICH
INTERNATIONAL NETWORKS OR INTERNATIONAL GATEWAY
FACILITIES SHALL .BE ABLE TO COURSE THEIR MESSAGES OR
SIGNALS.

(C) IT SHALL COMPLY WITH INTERNATIONAL AND
GENERIC ENGINEERING REQUIREMENTS AND STANDARDS OF
OPERATION FOR INTERNET EXCHANGES.

SECTION 10C. INTERNET DATA CENTER. - THE NUMBER OF
ENTITIES ALLOWED TO PROVIDE INTERNET DATA CENTER SERVICES
SHALL NOT BE LIMITED, AND AS A MATTER OF POLICY, WHERE IT IS
ECONOMICALLY VIABLE, AT LEAST TWO (2) INTERNET DATA CENTERS
SHALL BE AUTHORIZED; PROVIDED, HOWEVER, THAT A LOCAL
INTERNET SERVICE PROVIDER OR CONTENT PROVIDER SHALL NOT BE
RESTRICTED FROM OPERATING [TS OWN INTERNET DATA CENTER IF
ITS VIABILITY IS DEPENDENT THERETO. SUCH INTERNET DATA CENTER
SHALL HAVE THE FOLLOWING OBLIGATIONS:

(A) IT SHALL INTERCONNECT WITH ALL OTHER INTERNET

DATA CENTERS IN THE SAME CATEGORY AND WITH ALL LOCAL

INTERNET SERVICE PROVIDERS AND OTHER

TELECOMMUNICATIONS ENTITIES, UPON APPLICATION AND

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WITHIN A REASONABLE TIME PERIOD, AND UNDER FAIR AND
REASONABLE LEVEL CHARGES, IN ORDER THAT INTERNET AND
NETWORK SERVICES ARE MADE POSSIBLE; AND

(B) IT SHALL HAVE THE RIGHT TO ESTABLISH AND
OPERATE ITS OWN NETWORK FACILITIES THROUGH WHICH
INTERNATIONAL NETWORKS OR INTERNATIONAL GATEWAY
FACILITIES SHALL BE ABLE TO COURSE THEIR MESSAGES OR
SIGNALS.

(C) IT SHALL COMPLY WITH INTERNATIONAL AND
GENERIC ENGINEERING REQUIREMENTS AND STANDARDS OF
OPERATION FOR NETWORK AND DATA CENTERS.

SECTION 10D. INTERNET GATEWAY FACILITY. - ONLY ENTITIES
WHICH WILL PROVIDE INTERNET EXCHANGE SERVICES OR INTERNET
DATA CENTER SERVICES, AND CAN DEMONSTRABLY SHOW TECHNICAL
AND FINANCIAL CAPABILITY TO INSTALL AND OPERATE AN
INTERNATIONAL GATEWAY FACILITY, SHALL BE ALLOWED TO
OPERATE AS AN INTERNET GATEWAY FACILITY.

THE ENTITY SO ALLOWED SHALL BE REQUIRED TO PRODUCE A
FIRM CORRESPONDENT OR INTERCONNECTION RELATIONSHIPS WITH
MAJOR OVERSEAS TELECOMMUNICATIONS AUTHORITIES, CARRIERS,
OVERSEAS INTERNET GATEWAYS, NETWORKS, AND INTERNET SERVICE
PROVIDERS WITHIN ONE (1) YEAR FROM THE GRANT OF THE
AUTHORITY.

THE INTERNET GATEWAY FACILITY SHALL ALSO COMPLY WITH
ITS OBLIGATIONS TO PROVIDE INTERNET EXCHANGE SERVICES IN
UNSERVED OR UNDERSERVED AREAS WITHIN THREE (3) YEARS FROM
THE GRANT OF THE AUTHORITY AS REQUIRED BY EXISTING
REGULATIONS: PROVIDED, HOWEVER, THAT SAID INTERNET GATEWAY
FACILITY SHALL BE DEEMED TO HAVE COMPLIED WITH THE SAID
OBLIGATION IN THE EVENT IT ALLOWS AN AFFILIATE THEREOF TO
ASSUME SUCH OBLIGATION AND WHO COMPLIES THEREWITH.



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FAILURE TO COMPLY WITH THE ABOVE OBLIGATIONS SHALL BE
A CAUSE TO CANCEL ITS AUTHORITY OR PERMIT TO OPERATE AS AN
INTERNET GATEWAY FACILITY.

SECTION 10E. CONTENT PROVIDER. - EXCEPT FOR BUSINESS
PERMITS AND OTHER REGULATORY REQUIREMENTS AS PROVIDED FOR
BY THE CONSUMER ACT OF THE PHILIPPINES, AS AMENDED, AND
OTHER RELEVANT LAWS, AND PROVIDED THAT THE TRANSMISSION OF
ITS CONTENT IS SOLELY DEPENDENT ON EXISTING NETWORKS BEING
OPERATED AND MAINTAINED BY AT LEAST ONE OTHER
TELECOMMUNICATIONS ENTITY. A CONTENT PROVIDER FOR
COMMERCIAL OR NON-COMMERCIAL PURPOSES NEED NOT SECURE A
FRANCHISE, LICENSE, OR PERMIT TO OPERATE IN THE PHILIPPINES.

SUBJECT TO THE NATURE OF THE CONTENT THAT IS PROVIDED
BY THE CONTENT PROVIDER FOR COMMERCIAL PURPOSES, LAWS SUCH
AS PAGCOR CHARTER, AS AMENDED, THE MTRCB CHARTER, AS
AMENDED, AND OTHER RELEVANT LAWS, SHALL BE DEEMED
APPLICABLE TO THE CONTENT PROVIDER.

(d) Article IV, Section 11 of the Public Telecommunications Policy Act of the

Philippines is hereby amended to read:

Section 11, Value-added Service Provider. - Provided that [it does not put up
its own network] THE SERVICE IT PROVIDES IS SOLELY DEPENDENT ON
EXISTING NETWORKS BEING OPERATED AND MAINTAINED BY AT
LEAST ONE OTHER TELECOMMUNICATIONS ENTITY, a VAS provider need
not secure a franchise. A VAS provider shall’ be allowed to competitively offer its
services and/or expertise, and lease or rent telecommunications equipment and
facilities necessary to provide such specialized services, in the domestic and/or
international market in accordance with network compatibility.

Telecommunications entities may provide VAS, subject to the additional
requirements that

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(a) prior approval of the Commission is secured to ensure that such
VAS offerings are not cross-subsidized from the proceeds of their utility
operations;

(b) other providers of VAS are not discriminated against in rates nor
denied equitable access to their facilities: and,

(c) separate books of accounts are maintained for the VAS.

THE PROVISION OF HIGH-SPEED OR HIGH-VOLUME INTERNET
CONNECTION OR DATA TRANSMISSION SERVICES AS A SERVICE
SEPARATE FROM NORMAL INTERNET CONNECTION OR DATA
TRANSMISSION SERVICES SHALL NOT BE CLASSED AS A VALUE-ADDED
SERVICE.

(e) Article V, Section 14 of the Public Telecommunications Policy Act of the Philippines is
hereby amended to read:

Section 14, Customer Premises Equipment, - Telecommunications subscribers
AND INTERNET AND NETWORK USERS shall be allowed to use within their
premises terminal equipment, such as telephone, PABX, facsimile, SUBSCRIBER
IDENTIFICATION MODULE (SIM) CARDS, data, record, message and other
special purpose or multi-function telecommunication terminal equipment intended for
such connection: Provided, that the equipment is type-approved by the Commission,
UNLESS DESIGNED AND MANUFACTURED AS SUCH WITHOUT
NEED FOR A SPECIAL REQUEST BY A TELECOMMUNICATIONS ENTITY,
NO CUSTOMER PREMISES EQUIPMENT SHALL BE RESTRICTED FROM
INTERCONNECTING TO A NETWORK OR TO THE INTERNET, OR
INTEROPERABILITY WITH OTHER CUSTOMER PREMISES EQUIPMENT,
NETWORK EQUIPMENT, DATA STORAGE EQUIPMENT, OR OTHER
DEVICES OR EQUIPMENT THAT MAY BE NORMALLY INTERCONNECTED
WITH OR MAY NORMALLY ENJOY INTEROPERABILITY WITH, AS
APPLICABLE; PROVIDED, HOWEVER, THAT IN THE COURSE OF NORMAL
OPERATIONS SUCH INTERCONNECTION OR INTEROPERABILITY SHALL
NOT COMPROMISE DATA OR NETWORK PRIVACY OR SECURITY
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(f) Article VII, Section 20 of The Public Telecommunications Policy Act of the

Philippine is hereby amended to read:

Section 20. Rights of End-Users. - The user of telecommunications,
INTERNET, NETWORK, OR DATA TRANSMISSION service shall have the
following basic rights:

XXX

(C) RIGHT TO BE GIVEN THE FIRST INTERNET OR NETWORK
CONNI ION WITHIN TWO (2) MONTHS OF APPLICATION FOR SERVICE,
AGAINST DEPOSIT; OR WITHIN THREE (3) MONTHS AFTER TARGETED
COMMENCEMENT OF SERVICE IN THE BARANGAY CONCERNED PER THE
ORIGINAL SCHEDULE OF SERVICE EXPANSION APPROVED BY THE
COMMISSION, WHICHEVER DEADLINE COMES LATER;

(d) Regular, timely and accurate billing, courteous and efficient service at

utility business offices and by utility company personnel:

(E) TIMELY CORRECTION OF ERRORS IN BILLING AND THE
IMMEDIATE PROVISION OF REBATES OR REFUNDS BY THE UTILITY
WITHOUT NEED FOR DEMAND BY THE USER: AND;

() Thorough and prompt investigation of, and action upon complaints. ‘The
utility shall endeavor to allow complaints [over the telephone] TO BE RECEIVED
BY POST AND OVER MEANS USING TELECOMMUNICATIONS FACILITIES
OR THE INTERNET, WHICH SHALL INCLUDE BUT SHALL NOT BE
LIMITED TO VOICE CALLS, SHORT MESSAGE SERVICE (SMS) MESSAGES,
MULTIMEDIA MESSAGE SERVICE (MMS) MESSAGES, OR EMAIL, and shall
keep a record of all [written or phoned-in] complaints received and the actions taken
to address these complaints:

SUBJECT TO THE FILING OF A FORMAL REQUEST TO THE UTILITY,
A USER MAY REQUEST THE IMMEDIATE TERMINATION OF SERVICE,
WITHOUT THE IMPOSITION OF FEES OR PENALTIES, AND WITH THE
REFUND OF ANY FEES OR CHARGES ALREADY PAID BY THE USER,
SHOULD A UTILITY NOT CONSISTENTLY COMPLY WITH PRECEDING

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PARAGRAPHS (All (D), (E), (F), OR ANY OTHER MINIMUM PERFORMANCE
STANDARDSSET BYTHE COMMISSION.

SUBJECT TO STANDARDS SET BY THE COMMISSION,
REASONABLE FEES OR PENALTIES MAY BE IMPOSED BY THE UTILITY,
OR MAY BE DEDUCTED FROM ANY FEES OR CHARGES ALREADY PAID
BY THE USER, SHOULD A USER REQUEST THE IMMEDIATE
TERMINATION OF SERVICE; PROVIDED THAT:

(1) THE UTILITY IS ABLE TO SHOW THAT THE REQUEST IS
NOT BASED ON A NONCOMPLIANCE WITH PRECEDING
PARAGRAPHS (A), (D), (E), (F). OR ANY OTHER MINIMUM
PERFORMANCE STANDARDS SET BY THE COMMISSION; OR,

(2) THE UTILITY HAS EVIDENCE THAT THE NON-
COMPLIANCE HAS NOT RECURRED. IS NOT RECURRING. NOR
WILL RECUR IN THE FUTURE: OR THE UTILITY HAS EVIDENCE
THAT THE NON COMPLIANCE WAS DUE TO FACTORS BEYOND ITS
CONTROL; OR THE UTILITY HAS PROVIDED IMMEDIATE REFUND
OR REBATE TO THE USER UPON DEECTION OF THF
NONCOMPLIANCE OR THE UTILITY HAS EVIDENCE THAT IT HAS.
EXERTED ITS BEST EFFORTS TO RESOLVE THE NONCOMPLIANCE
AND RESTORE THE SERVICE TO THE LEVEL AGREED BETWEEN
THE UTILITY AND THE USER WITHIN SEVEN (7) DAYS OF THE
REQUEST FOR IMMEDIATE TERMINATION; AND THE UTILITY
SHALL COMPLY WITH IMMEDIATE TERMINATION OF SERVICE,
WITHOUT THE IMPOSITION OF FEES OR PENALTIES, AND REFUND
ANY FEES OR CHARGES ALREADY PAID BY THE USER WITHOUT
NEED FOR DEMAND SHOULD THE SERVICE NOT BE RESTORED
WITHIN THE SEVEN (7) DAY PERIOD, WITHIN THREE (3) DAYS
AFTER THE TERMINATION OF SERVICE.

SUBJECT TO STANDARDS SET BY THE COMMISSION, PENALTIES

MAY BE IMPOSED ON A UTILITY THAT IS UNABLE TO COMPLY WITH
PRECEDING PARAGRAPHS (B) AND (C), THE COMMISSION MAY IMPOSE
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ADDITIONAL PENALTIES IF THE UTILITY DOES NOT REFUND ANY
DEPOSITS, FEES, OR CHARGES ALREADY PAID BY THE USER WITHOUT
NEED FOR DEMAND WITHIN THREE (3) DAYS AFTER THE DEADLINE
AGREED UPON BETWEEN THE USER AND THE UTILITY.

Section 18. Quality of Service and Network Fair Use. -

(a) No Internet service provider, Internet exchange, Internet data center, Internet

gateway facility, telecommunications entity, or person providing Internet connection,

network, or data transmission services shall:

(i) Fail to provide a service, or network services on reasonable, and
nondiscriminatory terms and conditions such that any person can offer or provide
content, applications, or services to or over the network in a manner that is at least
equal to the manner in which the provider or its affiliates offer content, applications,
and services free of any surcharge on the basis of the content, application, or service;

(ii) Refuse to interconnect facilities with other facilities of another provider of
network services on reasonable, and nondiscriminatory terms or conditions;

(iii) Block, impair, or discriminate against, or to interfere with the ability of
any person to use a network service to access, to use, to send, to receive, or to offer
lawful content, applications, or services over the Internet;

(iv) Impose an additional charge to avoid any conduct that is prohibited by
subscription;

(v) Prohibit a user from attaching or using a device on the Intemet service
provider's network that does not physically damage or materially degrade other users'
utilization of the network;

(vi) Fail to clearly and conspicuously disclose to users, in plain language,
accurate information concerning any terms, conditions, or limitations on the network
service; or,

(vii) Impose a surcharge or other consideration for the prioritization or offer of
enhanced quality of service to data or protocol of a particular type, and must provide
equal quality of service to all data or protocol of that type regardless of origin or

ownership.

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(b) Nothing in this section shall be construed as to prevent an Internet service
provider, Internet exchange, Internet data center. Internet gateway facility,
telecommunications entity, or person providing Internet connection, network, or data
transmission services from taking reasonable and nondiscriminatory measures:

(i) To manage the function of a network on a system-wide basis, provided that
such management function does not result in the discrimination between content,
application, or services offered by the provider or user;

(ii) To give priority to emergency communications:

(iii) To prevent a violation of law; or to comply with an order of the court
enforcing such law;

(iv) To offer consumer protection services such as parental controls, provided
users may refuse to enable such services, or opt-out, or,

(v) To offer special promotional pricing or other marketing initiatives.

(c) An Internet service provider, Internet exchange, Internet data center, Intemet
gateway facility, telecommunications entity, or person providing Internet connection,
network, or data transmission services may provide for different levels of availability,
uptime, or other service quality standards set by the National Telecommunications
Commission for services using prepaid, postpaid, or other means of payment; Provided, that
minimum levels of availability, uptime, and other service quality standards set by the
‘Commission shall not be different between services using prepaid, postpaid, or other means
of payment.

Section 19. Amendments to the Intellectual Property Code of the Philippines. ~
(a) Part IV, Chapter Il, Section 172 of the Intellectual Property Code of the
Philippines (RA 8293) is hereby amended to read

Section 172. Literary and Artistic Works, - 172.1. Literary and artistic works,
hereinafter referred to as "works", are original intellectual creations in the literary and
artistic domain protected from the moment of their creation and shall include in
particular

xXx
(n) CODE, SCRIPTS, COMPUTER PROGRAMS, SOFTWARE
APPLICATIONS, AND OTHER SIMILAR WORK, WHETHER
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EXECUTABLE IN WHOLE OR AS PART OF ANOTHER CODE, SCRIPT,
computer programs, SOFTWARE APPLICATION OR OTHER SIMILAR
WORK;
XXX
172.2. Works are protected by the sole fact of their creation, irrespective of their
mode or form of expression OR PUBLICATION, as well as of their content, quality and

purpose.

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(b) Part Ll, Chapter V, Section 177 of the Intellectual Property Code of the Philippines
8293) shall be amended to read:

Section 177, Copyright, [or) COPYLEFT, AND OTHER Economic Rights, -

THE ECONOMIC RIGHTS OVER ORIGINAL AND DERIVATIVE LITERARY
AND ARTISTIC WORKS SHALL BE ANY OF THE FOLLOWING:

177.1 COPYRIGHT - SUBJECT TO THE PROVISIONS OF
CHAPTER VIII, ECONOMIC RIGHTS UNDER THIS SECTION SHALL
CONSIST OF THE EXCLUSIVE RIGHT TO CARRY OUT, AUTHORIZE
OR PREVENT THE FOLLOWING ACTS:

XXX

177.2. COPYLEFT - IS THE EXERCISE OF ECONOMIC RIGHTS,
OVER ORIGINAL AND DERIVATIVE WORKS, INCLUDING FREE AND
OPEN-SOURCE SOFTWARE, WHERE THE AUTHOR IRREVOCABLY
ASSIGNS TO THE PUBLIC, EITHER PARTIALLY OR FULLY, ONE OR
SEVERAL RIGHTS IN COMBINATION, THE RIGHT TO USE, MODIFY,
EXTEND, OR REDISTRIBUTE THE ORIGINAL WORK. UNDER
COPYLEFT, ANY AND ALL WORKS DERIVED FROM THE ORIGINAL
WORK SHALL BE COVERED BY THE SAME LICENSE AS THE
ORIGINAL WORK. DECLARATION OF A COPYLEFT LICENSE SHALL.
BE SUFFICIENT IF A STATEMENT OF THE APPLICABLE COPYLEFT
LICENSE IS STIPULATED ON A COPY OF THE WORK AS
PUBLISHED.

177.3 FREE OR PUBLIC - IS THE EXERCISE OF ECONOMIC
RIGHTS OVER ORIGINAL AND DERIVATIVE WORKS WHERE THE

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AUTHOR IRREVOCABLY ASSIGNS TO THE PUBLIC ALL THE
RIGHTS TO USE, MODIFY, EXTEND, OR REDISTRIBUTE THE
ORIGINAL WORK WITHOUT ANY RESTRICTIONS, OR WHERE THE
AUTHOR IRREVOCABLY DECLARES THE WORK TO BE PUBLIC
DOMAIN UNDER SECTIONS 175 AND 176 OF THIS CODE. THE
REDISTRIBUTION OF ANY MODIFIED OR DERIVATIVE WORK
SHALL NOT BE REQUIRED TO ADOPT FREE OR PUBLIC RIGHT.
ADOPTION OR DECLARATION OF THIS RIGHT SHALL BE
SUFFICIENT IF A STATEMENT TO THE EFFECT IS STIPULATED ON
A COPY OF THE WORK AS PUBLISHED.

177.4 EXCEPT WITH RESPECT TO ECONOMIC RIGHTS UNDER
COPYLEFT, THE AUTHOR OR COPYRIGHT OWNER SHALL HAVE
THE OPTION TO DECLARE THE TYPE OF LICENSE OR ECONOMIC
RIGHTS THAT MAY BE EXERCISED BY THE PUBLIC IN RELATION
TO THE WORK; PROVIDED THAT, FAILURE OF THE AUTHOR OR
COPYRIGHT OWNER TO MAKE SUCH DECLARATION SHALL BE
CONSTRUED AS CLAIM OF ECONOMIC RIGHTS UNDER SECTION
177.1

(c) Part Il, Chapter VII, Section 180 of the Intellectual Property Code of the
Philippines (RA 8293) shall be amended to read:

Section 180. Rights of Assignee of Copyright. - 180.1. The ECONOMIC
RIGHTS UNDER SECTION 177.1 may be assigned in whole or in part. Within the
scope of the assignment, the assignee is entitled to all the rights and remedies which
the assignor or licensor had with respect to the copyright.

XXX

180.3. The submission of a literary, photographic or artistic work to a
newspaper, magazine or periodical for publication, shall constitute only a license to
make a single publication unless a greater right is expressly granted. IN THE CASE
OF POSTING TO A WEBSITE OR AN ONLINE VERSION OF A. NEWSPAPER,
MAGAZINE, OR PERIODICAL, ENABLING ACCESS TO THE WHOLE OR
PORTION OF THE WORK VIA AUTOMATIC CONTENT SYNDICATION OR

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SEARCH RESULTS SHALL NOT CONSTITUTE VIOLATION OF THE LICENSE
UNLESS THE CONTRARY IS EXPRESSLY PROVIDED IN A WRITTEN
AGREEMENT BETWEEN COPYRIGHT OWNER AND
PUBLISHER/HOST/SER VICE PROVIDER. If two (2) or more persons jointly own a
copyright or any part thereof, neither of the owners shall be entitled to grant licenses
without the prior written consent of the other owner or owners

XXX

(d) Part I, Chapter VII, Section 182 of the Intellectual Property Code of the
Philippines (RA 8293) shall be amended to read:

Section 182. Filing of Assignment or License OF COPYRIGHT. - An
assignment or exclusive license may be filed in duplicate with the National Library
upon payment of the prescribed fee for registration in books and records kept for the
purpose. Upon recording, a copy of the instrument shall be returned to the sender with
notation of the fact of record. Notice of the record shall be published in the IPO
Gazette,

(e) Part Il, Chapter VII, Section 187 of the Intellectual Property Code of the
Philippines (RA 8293) shall be amended to read:

Section 187. Reproduction of Published Work. -187.1. Subject to the
provisions of Section 177 [and subject to the provisions] in relation to the provision of
Subsection
187.2, the private reproduction of a published work in a single copy, where the

reproduction is made by a natural person exclusively for research and private study, shall be
permitted, without the authorization of the owner of copyright in the work.
2. The permission granted under Subsection 187.1 shall not extend to

the reproduction of

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(c) A compilation of RAW data, HAVING NOT
UNDERGONE DATA AND INFORMATION PROCESSING, and
other materials;

XXX

(E) THE CONTENTS OF A WEBSITE, IF SUCH
DOWNLOADING IS FOR THE PURPOSE OF CREATING A
BACK-UP COPY FOR ARCHIVAL PURPOSES, OR
EXCLUSIVELY TO TEMPORARILY FACILITATE THE
EXECUTION OF COMPUTER APPLICATIONS, SUCH AS BUT
NOT LIMITED TO SEARCH ENGINES, OR EXCLUSIVELY TO
TEMPORARILY FACILITATE THE OPERATION OF THE
INTERNET OR NETWORKS, SUCH AS BUT NOT LIMITED TO
CACHE COPIES, OR EXCLUSIVELY FOR PURPOSES OF
STATISTICAL OR PERFORMANCE ANALYSIS; and,

XXX

(f) Part Il, Chapter 1X, Section 192 of the Intellectual Property Code of the

Philippines (RA 8293) shall be amended to read:

Section 192. Notice of {Copyright] APPLICABLE ECONOMIC RIGHTS. -
Each copy of a work published or offered for sale may contain a notice bearing the
name of the copyright owner, and the year of its first publication, and, in copies
produced after the creator's death, the year of such death, IN CASE OF FAILURE OF
THE AUTHOR OR COPYRIGHT OWNER TO INDICATE THE. LICE
APPLICABLE FOR THE WORK, IT SHALL BE PRESUMED THAT THE
COPYRIGHT OWNER ADOPTED COPYRIGHT UNLESS INTENT TO THE
CONTRARY IS PROVEN.

Section 20. Content Fair Use. -

(a) Subject to the provisions of the Intellectual Property Code of the Philippines (RA

8293), as amended, and this Act and other relevant laws, the yiewing of online content on any

computer, device, or equipment shall be considered fair use.

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(b) Subject to the provisions of the Intellectual Property Code of the Philippines, as
amended, this Act, and other relevant laws, the viewing, use, editing, decompiling, or
modification, of downloaded or otherwise offline content on any computer, device, or
equipment shall be considered fair use; Provided, that the derivative content resulting from
editing, decompiling, or modification shall be subject to the provisions of the Intellectual
Property Code of the Philippines (RA 8293), as amended, this Act, and other relevant laws
governing derivative content.

(c) It shall be presumed that any person who shall upload to, download from, edit,
modify, or otherwise use content on the Internet or telecommunications networks shall have
done so with full knowledge of the nature of the intellectual property protections applicable

to the content,

Section 2]. Amendments to the E-Commerce Act. ~ Subject to the provisions of this
Act, paragraphs (a) and (b) of Section 33 of the Electronic Commerce Act of 2000 (RA 8792)

are hereby repealed.

Section 22. Amendments to the Data Privacy Act. -
(a) Subject to the provisions of this Act, Section 7 of the Data Privacy Act of 2012
(RA 10173) is hereby amended in part to read:

Section 7. Functions of the National DATA Privacy Commission. - To
administer and implement the provisions of this Act, and to monitor and ensure
compliance of the country with international standards set for data protection, there is
hereby created an independent body to be known as the National DATA Privacy
Commission, which shall have the following functions: ..

(b) Subsequent mentions of "National Privacy Commission" are hereby amended to
be consistent with the amendment above.

(c) Subject to the provisions of this Act, Sections 29, 31, and 32 of the Data Privacy
‘Act of 2012 are repealed.

(d) Subject to the provisions of this Act, Section 6 of the Data Privacy Act of 2012 is
amended to include the provisions on extraterritoriality as provided for by Section 67 of this
Act.

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Section 23. Repeal of the Cybercrime Prevention Act. - The Cybercrime Prevention

Act of 2012 (RA 10175) is repealed in its entirety.

Part 5. Cybercrimes and Other Prohibited Acts.

Section 24. Network sabotage. -

(a) Direct network sabotage. - It shall be unlawful for any person to cause or attempt
to cause the stoppage or degradation of Internet or network operations of another person,
through electronic means such as denial of service (DoS) attacks or distributed denial of
service (DDoS) attacks, through physical destruction of devices, equipment, physical plant,
or telecommunications cables including cable TV transmission lines and other transmission
media, or through other means, except if the stoppage or degradation has been done in the
normal course of work or business by a person authorized to stop, modify, or otherwise
control network operations of the other person.

(b) Indirect network sabotage. - It shall be unlawful for any person to install, infect,
implant, or otherwise put in a device, equipment, network, or physical plant any means of
performing stoppage, degradation, or modification of Internet or network operations, or data
or information processing, such as but not limited to bots, or to interconnect, establish, or
otherwise create a network of software, devices, equipment, or physical plants with the means.
of performing stoppage, degradation, or modification of Internet or network operations, or
data or information processing, such as but not limited to botnets, except if the installation o
interconnection has been done in the normal course of work or business by a person
authorized to stop, modify, or otherwise control network operations or data or information
processing of the network

(c) Criminal negligence not presumed in unintentional network sabotage. - Except
upon a final ruling from the courts, issued following due notice and hearing, criminal
negligence shall not be presumed to be the cause of the unintentional stoppage or degradation
of Internet or network operations by a person authorized to stop, modify, or otherwise

control network operations, or by accident, unforeseen occurrences, or acts of God

Seetion 25. Failure tw Provide Reasonable Security for Data and Networks. -
(a) Failure to provide security. - It shall be unlawful for any Internet service provider,

telecommunications entity, or other such person providing Internet or data services to
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intentionally or unintentionally fail to provide appropriate levels of security for data,
networks, storage media where data is stored, equipment through which networks are run or
maintained, or the physical plant where the data or network equipment "is housed.

(b) Negligent failure to provide security. - Negligence resulting to acts in violation of
the Data Privacy Act of 2012 (RA 10175) using a device, network equipment, or physical
plant connected to the Internet, public networks, private networks, or telecommunications
facilities shall constitute a violation of the preceding paragraph, without prejudice to
prosecution under the Data Privacy Act of 2012 (RA 10175).

(c) Negligent failure to proyide security presumed to be the result of criminal
negligence. The unintentional failure for any Internet service provider, telecommunications
entity, or other such person providing Internet or data services to provide appropriate levels
of security for data, networks, storage media where data is stored, equipment through which
networks are run or maintained, or the physical plant where the data or network equipment is
housed shall be presumed to be the result of criminal negligence, except upon a final ruling

from the courts, issued following due notice and hearing,

Section 26, Violation of Data Privacy. -

(a) Unauthorized access, - It shall be unlawful for any person to intentionally access
data, networks, storage media where data is stored, equipment through which networks are
run or maintained, the physical plant where the data or network equipment is housed, without
authority granted by the Internet service provider, telecommunications entity, or other such
person providing Internet or data services having possession or control of the data or
network, or to intentionally access intellectual property published on the Internet or on other
networks without the consent of the person having ownership, possession, or control of the
intellectual property, or without legal grounds, even if access is performed without malice.

(b) Unauthorized modification. - It shall be unlawful for any person to intentionally
modify data, networks, storage media where data is stored, equipment through which
networks are run or maintained, the physical plant where the data or network equipment is
housed, without authority granted by the Internet service provider, telecommunications
entity, or other such person providing Internet or data services having possession or ~control
of the~ data or network, or to intentionally modify intellectual property published on the

Internet or on other networks without the consent of the person having ownership,

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sion, or control of the intellectual property, or without legal grounds, even if the

posse:
modification is performed without malice.

(c) Unauthorized authorization or granting of privileges. - It shall be unlawful for any
person to intentionally provide a third party authorization or privileges to access or modify
data, networks, storage media where data is stored, equipment through which networks are
run or maintained, the physical plant where the data or network equipment is housed, without
authority granted by the Internet service provider, telecommunications entity, or other such
person providing Internet or data services having possession or control of the data or
network, or to intentionally provide a third party authorization to access or modify
intellectual property published on the Internet or on other networks without the consent of the
person having ownership, possession, or control of the intellectual property, or without legal
grounds, even if the authorization to access or perform modifications was granted without
malice.

(d) Unauthorized disclosure. ~ It shall be unlawful for any authorized person to
intentionally disclose or cause the disclosure to a third party or to the public any private data
being transmitted through the Intemet or through public networks, or any data being
transmitted through private networks, without legal grounds, even if the disclosure was done
without malice.

(e) Violation of Data Privacy Act through ICT. - It shall be unlawful to perform acts
in violation of the Data Privacy Act of 2012 (RA 10175) using a device, network equipment,
or physical plant connected to the Internet. public networks. private networks. or

telecommunications facilities,

Section 27. Violation of Data Security. -

(a) Hacking, - It shall be unlawful for any unauthorized person to intentionally access
or to provide a third party with access to, or to hack or aid or abet a third party to hack into,
data, networks, storage media where data is stored, equipment through which networks are
Tun or maintained, the physical plant where the data or network equipment is housed. The
unauthorized access or unauthorized act of providing a third party with access to, or the
hacking into, data, networks, storage media where data is stored, equipment through which
networks are run or maintained, the physical plant where the data or network equipment is

housed shall be presumed to be malicious.

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(b) Cracking. - It shall be unlawful for any unauthorized person to intentionally
modify or to crack data, networks, storage media where data is stored, equipment through
which networks are run or maintained, the physical plant where the data or network
equipment is housed, or for any unauthorized person to intentionally modify intellectual
property published on the Internet or on other networks. The unauthorized modification or
cracking of data, networks, storage media where data is stored, equipment through which
networks are run or maintained, the physical plant where the data or network equipment is
housed, or unauthorized modification of intellectual property published on the Internet or on
other networks, shall be presumed to be malicious.

(c) Phishing. -

(i) It shall be unlawful for any unauthorized person to intentionally acquire or
to cause the unauthorized acquisition, or identity or data theft, or phishing of private
data, security information, or data or information used as proof of identity of another
person. The unauthorized acquisition or causing to acquire, or identity or data theft, or
phishing of private data, security information, or data or information used as proof of
identity of another person shall be presumed to be malicious.

(ii) Malicious disclosure of unwarranted or false information relative to any
personal information or personal sensitive information obtained by him or her as
defined by Section 31 of the Data Privacy Act of 2012 (RA 10175) shall constitute
phishing
(a) Violation of Data Privacy Act in series or combination with hacking, cracking, or

phishing. - It shall be unlawful to perform acts in violation of the Data Privacy Act of 2012
(RA 10175) using a device, network equipment, or physical plant connected to the Internet,
public networks, private networks, or telecommunications facilities performed in series or

combination with acts prohibited by the preceding paragraphs,

Section 28. Illegal and Arbitrary Sei

ire. ~

(a) legal Seizure, - It shall be unlawful for any person to seize data, information, or
contents of a device, storage medium, network equipment, or physical plant, or to seize any
device, storage medium, network equipment, or physical plant connected to the Internet or to
telecommunications networks of another person without his consent, or to gain possession or

control of the intellectual property published on the Internet or on public networks of another

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person without his consent, except upon a final ruling from the courts, issued following due
notice and hearing.

(b) Aiding and Abetting Illegal Seizure. -It shall be unlawful for any person to aid or
abet the seizure of data, information, or contents of a device, storage medium, network
‘equipment, or physical plant, or to seize any device, storage medium, network equipment, or
physical plant connected to the Internet or to telecommunications networks of another person
without his consent, or to gain possession or control of the intellectual property published on
the Internet or on public networks of another person without his consent, except upon a final
ruling from the courts, issued following due notice and hearing, allowing the person to
perform such seizure, possession, or control

(c) Arbitrary Seizure. - It shall be unlawful for any public officer or employee to seize
data, information, or contents of a device, storage medium, network equipment, or physical
plant, or to seize any device, storage medium, network equipment, or physical plant
connected to the Internet or to telecommunications networks, or to gain possession or control
of intellectual property published on the Internet or on public networks, without legal
grounds.

(d) Instigating Arbitrary Seizure. -It shall be unlawful for any person to instruct a
public officer or employee to perform the seizure of data, information, or contents of a
device, storage medium, network equipment, or physical plant, or to seize any device, storage
medium, network equipment, or physical plant connected to the Internet or to
telecommunications networks of another person without his consent, or to gain possession or
control of the intellectual property published on the Internet or on public networks of another
person without his consent, except upon a final ruling from the courts, issued following due
notice and hearing, providing the person with authority to perform such seizure, possession,
or control and delegate the same to a public officer or employee with the authority to perform

such seizure, possession, or control

Section 29. Infringement of Intellectual Property Rights. -

(a) Copyright infringement. ~
(i) Subject to the Intellectual Property Code of the Philippines and the laws
governing fair use, it shall be unlawful for any person to publish or reproduce on the
Internet, in part or in whole, any content that he does not have any economic rights
over, or does not acknowledge and comply with the terms of copyright or license
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governing the intellectual property rights enjoyed by the content being published or

reproduced, or falsely claims having intellectual property rights over the content he

does not own.

(ii) Non-attribution or plagiarism of copyleft content shall constitute
infringement.

(iii) Non-attribution or plagiarism of free license or public domain content
shall constitute infringement, but shall not be subject to damages.

(iv) Subject to the Intellectual Property Code of the Philippines and the laws
governing fair use, it shall be unlawful for any person to reverse-engineer any whole
or part of any computer program, software, code, or script, whether or not executable,
that is the subject of a copyright, and that he does not have any property rights over,
or does not acknowledge and comply with the terms of copyright or license governing
the intellectual property rights enjoyed by the computer program being reverse-
engineered.

(b) Piracy. - Subject to the Intellectual Property Code of the Philippines, it shall be
unlawful for any person to publish and reproduce, with intent to profit, on the Internet or on
or through information and communications technologies, in part or in whole, any content,
‘or computer program, software, code. or script, whether or not executable, that he does not
have any property rights over

(c) Cyber squatting, - Subject to the Intellectual Property Code of the Philippines and
other relevant laws, and the Uniform Domain Name Dispute Resolution Policy of the Internet
Corporation for Assigned Names and Numbers (ICANN) or any policy of ICANN or
successor-in- interest superseding it, it shall be unlawful for any person to register or
otherwise acquire, in bad faith to profit or to damage, a domain name that is:

(i) Similar, identical; or confusingly similar to an existing trademark registered
with the appropriate government agency at the time of the domain name registration;
or

(ii) Identical or in any way similar with the name of a person other than the
registrant, in case of a personal name.

(d) Unreasonable restriction of device privileges. - Subject to Section 6 of this Act, it
shall be unlawful for any person engaged in the wholesale or retail of devices or equipment
to, by physical, electronic, or any other means, provide unreasonable restrictions on a device

‘or equipment.
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Section 30. Iraud via ICTT. - \t shall be unlawful for any person who knowingly by
means of a device, equipment, or physical plant connected to the Internet, to
telecommunications networks, a network of a government agency, the government network, a
private network or any protected computer or device, or in connivance with a third party with
access to the same, shall use the Internet, telecommunications networks, private networks, or
government networks for the purpose of deceiving or defrauding another of money, goods, or

property, or to do the same by or through exceeding authorized access.

Section 31. I
(aj IC

device, equipment, or physical plant connected to the Internet or to telecommunications

nabled Prostitution and ICT-Enabled Trafficking in Persons, +

“Enabled Prostitution. - It shall be unlawful for any person who, by means of a

networks, or in connivance with a third party with access to the same, shall use the Internet or
telecommunications networks for the purpose of enabling the exchange of money or
consideration for services of a sexual or lascivious nature, or facilitating the performance of
such services; Provided, the services shall be performed by one or more unwilling third-party
adults under threat or duress.

(by IC

“Enabled Trafficking in Persons.-

(i) The performance of acts prohibited by Section 5 of R.A. No, 920B, or the
" Anti-Trafficking in Persons Act of 2003," as amended, by means of a device, storage
medium, network equipment, or physical plant connected to the Internet or to
telecommunications networks shall be deemed unlavful.

(ji) The commission of acts prohibited by the Anti-Trafficking in Persons Act
of 2003, as amended, through or using devices, equipment, or physical plants
connected to. the Internet or to telecommiunications networks shall be penalized by
the applicable provisions of the Anti-Trafficking in Persons Act of 2003, as amended

(iii) Section 5 (c) of the Anti-Trafficking in Persons Act of 2003 shall be
amended to read:

Section 5. Acts that Promote Trafficking in Persons. - The following
acts which promote or facilitate trafficking in persons, shall be unlawful

XXX
(c) To advertise, publish, print, broadcast or distribute, or cause
the advertisement, publication, printing, broadcasting or
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distribution by any means, including the use of information AND
COMMUNICATIONS technology and the Internet, of any brochure,
flyer, or any propaganda material that promotes trafficking in persons,
OR TO KNOWINGLY, WILLFULLY AND INTENTIONALLY
PROVIDE DEVICES, EQUIPMENT, OR PHYSICAL PLANTS
CONNECTED TO THE INTERNET OR TO
TELECOMMUNICATIONS. NETWORKS, WITH THE PRIMARY
PURPOSE OF PROMOTING TRAFFICKING IN PERSONS;
XXX

Section 32. ICT-Enabled Child Prostitidion and ICT-Enabled Child Trafficking. -
(a) ICT-Enabled Child Prostitution. -

(1) The performance of acts prohibited by Sections 5 and 7 of R.A. No. 7610,
or the "Special Protection of Children Against Abuse, Exploitation and
Discrimination Act," as amended, by means of a device, storage medium, network
equipment, or physical plant connected to the Internet or to telecommunications
networks shall be deemed unlawful.

(ii) Section 5, paragraphs (a) 2 and (c) of the "Special Protection of Children
Against Abuse. Exploitation and Discrimination Act" shall be amended to read:

Section 5. Child Prostitution and Other Sexual Abuse. -
Xxx
(2) Inducing a person to be a client of a child prostitute
by means of written or oral advertisements or other similar
means OR TO KNOWINGLY, WILLFULLY AND
INTENTIONALLY PROVIDE DEVICES, EQUIPMENT, OR
PHYSICAL PLANTS CONNECTED TO THE INTERNET
OR TO TELECOMMUNICATIONS NETWORKS WITH
‘THE PRIMARY PURPOSE OF INDUCING A PERSON TO
BE A CLIENT OF A CHILD PROSTITUTE OR THROUGH
THE CONNIVANCE WITH A THIRD PARTY WITH
ACCESS TO THE SAME INDUCE A PERSON TO BE A
CLIENT OF A CHILD PROSTITUTE;
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XXX
(c) Those who derive profit or advantage therefrom, whether as
manager or owner of the establishment where the prostitution takes
place, or of the sauna, disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in prostitution in
addition to the activity for which the license has been issued to said
establishment; OR THOSE WHO DERIVE PROFIT OR
ADVANTAGE THEREFROM, WHETHER AS AUTHOR,
ADMINISTRATOR, OR AUTHORIZED USER OF THE DEVICE,
EQUIPMENT, NETWORK, PHYSICAL PLANT, OR WEBSITE
CONNECTED TO THE INTERNET OR TO
TELECOMMUNICATIONS NETWORKS CREATED OR
ESTABLISHED WITH THE PURPOSE OF INDUCING A PERSON
TO ENGAGE IN CHILD PROSTITUTION.

XXX

(b) /CT-Enabled Child Trafficking. -

(i) Section 7 of the "Special Protection of Children Against Abuse,

Exploitation and Discrimination Act:' shall be amended to read:

Section 7. Child Trafficking, - Any person who shall engage in trading
and dealing with children including, but not limited to, the act of buying and
selling of a child for money, or for any other consideration, or barter, OR TO
KNOWINGLY, WILLFULLY AND INTENTIONALLY PROVIDE
DEVICES, EQUIPMENT, OR PHYSICAL PLANTS CONNECTED TO
THE INTERNET OR TO TELECOMMUNICATIONS NETWORKS, OR
THROUGH THE CONNIVANCE WITH A THIRD PARTY WITH ACCESS
TO THE SAME, FOR THE PRIMARY PURPOSE OF SUCH TRADING
AND DEALING WITH CHILDREN, shall suffer the penalty of reclusion
temporal to reclusion perpetua. The penalty shall be imposed in its maximum
period when the victim is under twelve. (12) years of age.

(ii) The commission of acts prohibited by the "Special Protection of Children

Against Abuse, Exploitation and Discrimination Act,” as amended, through or using

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devices, equipment, or physical plants connected to the Internet or to
telecommunications networks shall be penalized by the applicable provisions of the
"Special Protection of Children Against Abuse, Exploitation and Discrimination Act,”

as amended.

Section 33. Internet Libel, Hate Speech, Child Pornography, and Other l:xpression

Inimical to the Public Inierest.

(a) Internet libel. -

(i) Internet libel is a public and malicious expression tending to cause the
dishonor, discredit, or contempt of a natural or juridical person, or to blacken the
memory of one who is dead, made on the Internet ot on public networks.

(11) Malice as an essential element of internet libel, - Internet libel shall not lie
if malice or intent to injure is not present.

(iii) Positive identification of the subject as an essential element of internet
libel. Internet libel shall not lie if the public and malicious expression does not
explicitly identify the person who is the subject of the expression, except if the
content of the expression is sufficient for positive and unequivocal identification of
the subject of the expression.

(iv) Truth as a defense. - Internet libel shall not lie if the content of the
expression Is proven to be true, or if the expression is made on the basis of published
reports presumed to be true, or if the content is intended to be humorous or satirical in
nature, except if the content has been adjudged as unlawful or offensive in nature in
accordance with existing jurisprudence

(v) Exceptions to internet libel. - The following acts shall not constitute
internet libel.

(1) Expressions of protest against the government, or against foreign
governments

(2) Expressions of dissatisfaction with the government, its agencies or
instrumentalities, or its officials or agents, or with those of foreign
governments;

(3) Expressions of dissatisfaction with non-government organizations,

unions, associations, political parties, religious groups, and public figure
(4) Expressions of dissatisfaction with the products or services of

commercial entities;
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(5) Expressions of dissatisfaction with commercial entities, or their
officers or agents, as related to the products or services that the commercial
entities provide;

(6) Expressions of a commercial entity that are designed to discredit
the products or services of a competitor, even if the competitor is explicitly
identified;

(7) An expression made with the intention of remaining private
between persons able to access or view the expression, even if the expression
is later released to the public; and,

(8) A fair and true report, made in good faith, without any comments
or remarks, of any judicial, legislative or other official proceedings, or of any
Statement, report or speech delivered in said proceedings, or of any other act
performed by public officers in the exercise of their functions, or of any matter

of public interest

(b) Imernet hate speech.

(i) Internet hate speech is a public and malicious expression calling for the
commission of illegal acts on an entire class of persons, a reasonably broad section
thereof, or a person belonging to such a class, based on gender, sexual orientation,
religious belief or affiliation, political belief or affiliation, ethnic or regional
affiliation, citizenship, or nationality, made on the Internet or on public networks.

(ii) Call for the commission of illegal acts as on essential element for internet
hate speech. - Internet hate speech shall not lie if the expression does not call for the
commission of illegal acts on the person or class of persons that, when they are done,
shall cause actual criminal harm to the person or class of persons, under existing law,

(iii) Imminent lawless danger as an essential element for internet hate speech
-Intemnet hate speech shall not lie if the expression does not call for the commission of
illegal acts posing an immediate lawless danger to the public or to the person who is

the object of the expression.

(c) Internet child pornography.
(i) The performance of acts prohibited by Sections 4 and 5 of R.A, No. 9775,

or the "Anti-Child Pornography Act of 2009," as amended, by means of a device,
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storage medium, network equipment, or physical plant connected to the Internet or to
telecommunications networks shall be deemed unlawful,

(ii) The commission of acts prohibited by the Anti-Child Pornography. Act of
2009, as amended, through or using devices, equipment, or physical plants connected
to the Internet or to telecommunications networks shall be penalized by the applicable
provisions of the Anti-Child Pornography Act of 2009, as amended

(iii) Sections 4 (e) and (f) of the Anti-Child Pornography Act of 2009 shall be
amended to read:

(e) To knowingly, willfully and intentionally provide a venue for the
commission of prohibited acts as, but not limited to, dens, private rooms,
cubicles, cinemas, houses or in establishments purporting to be a legitimate
business; OR TO KNOWINGLY, WILLFULLY AND INTENTIONALLY
PROVIDE DEVICES, EQUIPMENT, OR PHYSICAL PLANTS
CONNECTED TO THE INTERNET OR TO TELECOMMUNICATIONS
NETWORKS FOR THE PRIMARY PURPOSE OF PUBLICATION,

OFFERING, PRODUCTION, SELLING, DISTRIBUTION,
BROADCASTING, EXPORT, OR IMPORTATION OF CHILD
PORNOGRAPHY;

(f) For film distributors, theaters, INTERNET SERVICE
PROVIDERS, and telecommunication companies, by themselves -or in
cooperation with other entities, to distribute any form of child pornography’

XXX

(d) Internet child abuse, -

(i) The performance of acts prohibited by Section 9 of the Special Protection
of Children Against Abuse, Exploitation and Discrimination Act, as amended, by
means of a device, storage medium, network equipment, or physical plant connected
to the Internet or to telecommunications networks shall be deemed unlawful.

(11) The commission of acts prohibited by the Special Protection of Children
Against Abuse, Exploitation and Discrimination Act, as amended, through or using
devices, equipment, or physical plants connected to the Internet or to

telecommunications networks shall be penalized by the applicable provisions of the

32


Special Protection of Children Against Abuse, Exploitation and Discrimination Act,
as amended
(i) Section 9 of the Special Protection of Children Against Abuse
Exploitation and Discrimination Act shall be amended to read:
Section 9. Obscene Publications and Indecent Shows. - Any person
\who shall hire, employ, use, persuade, induce or coerce a child to perform in
obscene exhibitions and indecent shows, whether live, in video, or through the
Internet or telecommunications networks, or model in obscene publications or
Pornographic materials or to sell_or distribute or CAUSE THE
PUBLICATION IN THE INTERNET OR THROUGH
TELECOMMUNICATIONS NETWORKS the said materials shall suffer the
Penalty of prision mayor in its medium period.

XXX

(e) Expression inimical to the public interest. ~

(i) Except upon a final ruling from the courts, issued following due notice or
hearing, no expression made on the Intemet or on public networks that is not defined
in this section shall be deemed unlawful and inimical to the public interest.

(ii) Imminent lawless danger as an essential element of expression inimical to
Public interest. No expression shall be deemed inimical to the public interest if the
expression does not call for the commission of illegal acts posing an immediate
lawless danger to the public

Section 34. Sabotage of ertical networks and infrastructure, acts of eyherterrorism,

and eyberespionage.

(a) Sabotage of critical networks and infrastructure. - The commission of acts

Prohibited by Section 42 (Network Sabotage), Section 44 (Violation of Data Privacy),
Section 45 (Violation of Data Security), and Section 46 (Illegal and Arbitrary Seizure of
ICT), shall be penalized one degree higher; Provided, the offense was committed against
critical data, network, Internet, or telecommunications infrastructure, whether publicly or

privately owned.

(b) Cyberterrorism, -


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be ae a SS a Yeo ee
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(1) The performance of acts prohibited by Sections 3, 4, 5, and 6 of the Human
Security Act of 2007 (RA9732) as amended, and Sections 4, 5, 6, and 7 of the
‘Terrorism Financing Prevention and Suppression Act of 2012 (RA 10168), or the by
means of a device, storage medium, network equipment, or physical plant connected
to the Internet or to telecommunications networks shall be deemed unlawful

(ii) The commission of acts prohibited by the Human Security Act of 2007, as
amended, through or using devices, equipment, or physical plants connected to the
Internet or to telecommunications networks shall be penalized by the applicable
provisions of the Human Security Act of 2007, as amended.

(ili) Section 3 of the Human Security Act of 2007 shall be amended to read:

Section 3. Terrorism. - Any person who commits an act punishable
under any of the following provisions of the Revised Penal Code:
XXX

6. Presidential Decree No, 1866, as amended (Decree
Codifying the Laws on Illegal and Unlawful Possession, Manufacture,
Dealing in, Acquisition or Disposition of Firearms, Ammunitions or
Explosives); and,

7. SECTION 28 (NETWORK SABOTAGE), SECTION 27
(VIOLATION OF DATA PRIVACY), AND SECTION 28
(VIOLATION OF DATA SECURITY) OF THE MAGNA CARTA
FOR PHILIPPINE INTERNET FREEDOM COMMITTED
AGAINST CRITICAL DATA, NETWORK, INTERNET, OR
TELECOMMUNICATIONS INFRASTRUCTURE, © WHETHER
PUBLICLY OR PRIVATELY OWNED,

XXX
(¢) JCT-Enabled Financing of Terrorism.

(i) The commission of acts prohibited by the Terrorism Financing Prevention
and Suppression Act of 2012, as amended, through or using devices, equipment, or
physical plants connected to the Internet or to telecommunications networks shall be
penalized by the applicable provisions of the Terrorism Financing Prevention and
Suppression Act of 2012, as amended.

(ii) Section 4 of the Terrorism Financing Prevention and Suppression Act of
2012 shall be amended to read:

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Section 4. Financing of Terrorism. -
xXx

Any person who organizes or directs others to commit
financing of terrorism under the immediately preceding paragraph shall
likewise be guilty of an offense and shall suffer the same penalty as
herein prescribed,

ANY PERSON WHO, BY MEANS OF A DEVICE,
STORAGE MEDIUM, NETWORK EQUIPMENT, OR PHYSICAL
PLANT CONNECTED TO THE INTERNET OR TO
TELECOMMUNICATIONS NETWORKS, OR IN CONNIVANCE
WITH A THIRD PARTY WITH ACCESS TO THE SAME, SHALL.
KNOWINGLY, — WILLFULLY, AND INTENTIONALLY
FACILITATE THE ORGANIZATION OR DIRECTION OF
OTHERS TO COMMIT THE FINANCING OF TERRORISM
UNDER THE PRECEDING PARAGRAPHS SHALL LIKEWISE BE
GUILTY OF AN OFFENSE AND SHALL SUFFER THE SAME
PENALTY AS HEREIN PRESCRIBED.

XXX

(d) Cyber-espionage. = Article 117 of the Revised Penal Code shall be amended to

read:

Art. 117. Espionage. - The penalty of prision correccional shall be inflicted
upon any person who:
XXX

2. WITHOUT AUTHORITY THEREFOR, OR EXCEEDING THE
AUTHORITY GRANTED BY THE STATE, AND BY MEANS OF A
DEVICE, EQUIPMENT, OR PHYSICAL PLANT CONNECTED 'TO THE
INTERNET, TO TELECOMMUNICATIONS NETWORKS, A NETWORK
OF THE STATE, A PRIVATE NETWORK, OR ANY PROTECTED
DEVICE, COMPUTER, SYSTEM, OR NETWORK, OR IN CONNIVANCE
WITH A THIRD PARTY WITH ACCESS TO THE SAME, SHALL USE
THE INTERNET, TELECOMMUNICATIONS NETWORKS, NETWORKS
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OF THE STATE, OR PRIVATE NETWORKS TO OBTAIN ANY DATA
OR INFORMATION OF A CONFIDENTIAL NATURE RELATIVE TO.
THE DEFENSE OF THE PHILIPPINES OR ANY DATA OR
INFORMATION CLASSIFIED BY LAW AS STATE SECRETS; OR

3. Being in possession, by reason of the public office he holds, of the

discloses

articles, data, or information referred to in the preceding paragraphs
their contents to a representative of a foreign nation OR HOSTILE NON-
STATE ACTOR

XXX

Part 6, National Cybersecurity, Cyberdefense, Counter-Cyberterrorism, and Counter-
Cyberespionage.

Section 35. Cyberwarfare and National Defense. ~

(a) It shall be unlawful for any person, or military or civilian agency, or
instrumentality of the State to initiate a cyberattack against any foreign nation, except in the
event of a declaration of a state of war with the foreign nation.

(b) Subject to the Geneva Convention, the Hague Convention, the United Nations
Convention on Certain Conventional Weapons, other international treaties and conventions
governing the conduct of warfare, Philippine law, and on authority by the President of the
Philippines or by his designated officers, an authorized person or military agency may engage
in cyberdefense in defense of the Filipino people, territory, economy, and vital infrastructure
in the event of a cyberattack by a foreign nation, enemy violent non-state actor, insurgent
group, or terrorist organization,

(c) Any person who initiates an unauthorized and unlawful cyberattack against a
foreign nation shall be prosecuted under Commonwealth Act 408, as amended, or applicable

military law, without prejudice to criminal and civil prosecution.

Section 36, National Cybersecurity and Protection of Government Information and
Communications Technology Infrastructure.

(a) The Secretary of National Defense shall assist the President in the protection and
conduct of the national cybersecurity, and the conduct of eyberdefense and the protection of

national government information and communications technology infrastructure.
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(b) The Armed Forces of the Philippines shall be tasked with ensuring the physical
and network security of critical government and military information and communications
infrastructure. The Philippine National Police shall assist private and public owners,
operators, and maintainers in ensuring the physical and network security of critical
information and communications infrastructure,

(c) Local government units shall be responsible for cyberdefense within their
jurisdiction. The Secretary of the Interior and Local Government, with the assistance of the
Secretary of National Defense, shall be .assist local government units in the development of

plans, policies, programs, measures, and mechanisms for cybersecurity and cyberdefense of

at the local government level and the protection of rocar government systems, networks, and
information and communications technology infrastructure.

(d) When national interest and public safety so require, and subject to the approval of
Congress in a special session called for the purpose, the President may be granted the
authority to direct the cyberdefense and cybersecurity of local government units; Provided,
that Congress may not grant such authority for a period longer than 90 days

Section 37. Amendments to the AFP Modernization Act. - Section 5 of the AFP
Modernization Act (RA 7898) shall be amended to include:

Section 5. Development of AFP Capabilities. - The AFP modernization
program shall be geared towards the development of the following defense
capabilities

xxx

(d) Development of cyberdefense capability. - {The modernization of the AFP
further requires the development of the general headquarters capabilities for
command, control, communications, and information systems network.] THE
PHILIPPINE AIR FORCE (PAF), BEING THE COUNTRY’S FIRST LINE OF
EXTERNAL DEFENSE, SHALL. DEVELOP ITS CYBERDEFENSE CAPABILITY.
THE CYBERDEFENSE CAPABILITY SHALL ENABLE THE AFP TO:

(1) DETECT, IDENTIFY, INTERCEPT AND ENGAGE, IF
NECESSARY, ANY ATTEMPTED OR ACTUAL PENETRATION OR
CYBERATTACK OF PHILIPPINE GOVERNMENT INFORMATION AND
COMMUNICATIONS TECHNOLOGY INFRASTRUCTURE, AS WELL
AS CRITICAL INFORMATION AND COMMUNICATIONS

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TECHNOLOGY INFRASTRUCTURE WITHIN PHILIPPINE,
JURISDICTION;

(2) PROVIDE CYBERDEFENSE SUPPORT TO PHILIPPINE.
ARMED FORCES AND POLICE FORCES, AND;

(3) PROVIDE, AND IF PRACTICABLE, INVENT OR INNOVATE,
THROUGH FILIPINO SKILLS AND TECHNOLOGY, ITS OWN
REQUIREMENTS FOR NATIONAL CYBERDEFENSE.

(E) DEVELOPMENT OF CYBERINTELLIGENCE CAPABILITY, - THE
INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE PHILIPPINES.
(ISAFP) OR ITS SUCCESSOR SERVICE, SHALL DEVELOP ITS
CYBERINTELLIGENCE — CAPABILITY. THE CYBERINTELLIGENCE
CAPABILITY SHALL ENABLE THE AFP TO:

(1) DETECT ANY THREAT AGAINST PHILIPPINE
GOVERNMENT INFORMATION AND COMMUNICATIONS
TECHNOLOGY INFRASTRUCTURE, AS WELL AS CRITICAL
INFORMATION AND COMMUNICATIONS TECHNOLOGY
INFRASTRUCTURE WITHIN PHILIPPINE JURISDICTION, AND
IDENTIFY THE SOURCE OF THE THREAT, WHETHER HOSTILE
NATION-STATES, NON-STATE ACTORS, CYBERTERRORISTS, OR
CRIMINALS;

(2) PROVIDE CYBERINTELLIGENCE SUPPORT TO PHILIPPINE
ARMED FORCES AND POLICE FORCES, AND;

(3) PROVIDE, AND IF PRACTICABLE, INVENT OR INNOVATE,
THROUGH FILIPINO SKILLS AND TECHNOLOGY, ITS OWN
REQUIREMENTS FOR NATIONAL CYBERINTELLIGENCE.

(F) DEVELOPMENT OF GOVERNMENT AND MILITARY
INFORMATION AND COMMUNICATIONS TECHNOLOGY
INFRASTRUCTURE HARDENED AGAINST CYBERATTACK. - THE
COMMUNICATIONS, ELECTRONICS AND INFORMATION SYSTEM
SERVICE, ARMED FORCES OF THE PHILIPPINES (CEISSAFP) OR ITS
SUCCESSOR SERVICE, SHALL CONTINUALLY ENSURE THAT

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GOVERNMENT AND MILITARY INFORMATION AND COMMUNICATIONS
TECHNOLOGY INFRASTRUCTURE ARE HARDENED AGAINST
CYBERATTACK.

XXX

Section 38. Counter-Cyberterrorism. ~

(a) The Philippine National Police, supported by applicable military, law
enforcement, and government services, offices, and agencies, shall be the lead law
enforcement agency responsible for plans, policies, programs, measures, and mechanisms to
detect, identify, and prevent cyberterrorist attacks on Philippine government information and
communications technology infrastructure, as well as publicly- and privately-owned
information and communications technology infrastructure within Philippine jurisdiction, and
the detection, identification, pursuit, apprehension, and the gathering of evidence leading to
the conviction of persons committing cyberterrorism.

(b) The National Bureau of Investigation, supported by applicable military, law
enforcement, and government services, offices, and agencies, shall be the lead law
enforcement agency responsible for plans, policies, programs, measures, and mechanisms to
detect, identify, and prevent transnational cyberterrorist attacks on Philippine government
information and communications technology infrastructure, as well as publicly- and
privately-owned information and communications technology infrastructure within Philippine
jurisdiction

(c) Subject to the provisions of an existing treaty to which the Philippines is a
signatory and to any contrary provision of any law of preferential application, and subject to
the concurrence of the Secretary of Justice and the Secretary of Foreign Affairs, the Director
of the National Bureau of Investigation may cooperate with or request the cooperation of
foreign or international law enforcement agencies in the detection, identification, pursuit,
apprehension, and the gathering of evidence leading to the conviction of persons who,
although physically outside the territorial limits of the Philippines, have committed or are

atiempting to commit acts of cyberterrorism within Philippine jurisdiction

Section 39. Counter-Cyberespionage. ~

(a) The National Intelligence Coordinating Agency, supported by applicable military,

law enforcement, and government services, offices, and agencies, shall be the lead agency
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responsible for plans, policies, programs, measures, and mechanisms to detect, identify, and
prevent cyberespionage attempts and incidents.

(b) The National Bureau of Investigation, supported by applicable military, law
enforcement, and government services, offices, and agencies, shall be the lead agency
responsible for detection, identification, pursuit, apprehension, and the gathering of evidence
leading to the conviction of persons committing cyberespionage.

Part 7. Penalties.
Section 40. Applicability of the Revised Penal Code and other special ta

Nomenclature notwithstanding, the provisions of Book | of the Revised Penal Code shall
apply suppletorily to the provisions of this Act, whenever applicable.
The provisions of special laws shall apply as provided for by this Act

Section 41. Penalties Vor Specific Violations of The Magna Carta for Philippine
Internet Freedom. ~ The following penalties shall be imposed for specific violations of this
Act:

(a) Violation of Section 24 (a) (Direct network sabotage) - Shall be punished with
imprisonment of prision correccional or a fine of not more than Five hundred thousand pesos
(PhPS00,000.00) or both

(b) Violation of Section 24 (b) (Indirect network sabotage) - Shall be punished with
imprisonment of prision correccional in its medium period or a fine of not more than three
hundred thousand pesos (PhP300,000.00) or both.

(c) Violation of Section 25 (a) (Failure to provide security) - Shall be punished with
imprisonment of prision correccional or a fine of not more than Five hundred thousand pesos
(PhPS00,000.00) or both

(d) Violation of Section 25 (b) (Negligent failure to provide security) - Shall be
punished with imprisonment of prision correccional or a fine of not more than Five hundred
thousand pesos (PhPS00,000,00) or both

(e) Violation of Section 26 (a) (Unauthorized access) - Shall be punished with
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than Two million pesos
(Php2,000,000.00)

60


(£) Violation of Section 26 (b) (Unauthorized modification) - Shall be punished with
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than Two million pesos
(Php2,000,000.00).

(g) Violation of Section 26 (c) (Unauthorized granting of privileges) - Shall be
punished with imprisonment ranging from one (1) year to three (3) years and a fine of not
less than Five hundred thousand pesos (PhpS00,000.00) but not more than Two million
pesos (Php2,000,000,00).

(h) Violation of Section 26 (d) (Unauthorized disclosure) - imprisonment ranging
from three (3) years to five (5) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00).

(i) Violations of the Section 26 (e) (Violation of Data Privacy Act through ICT)-

(i) Violation of Section 25 (a) of the Data Privacy Act (Unauthorized

Processing of Personal Information) through ICT - imprisonment ranging from one

(1) year to three (3) years and a fine of not less than Five hundred thousand pesos

(Php500,000.00) but not more than Two million pesos (Php2,000,000.00).

(ii) Violation of Section 25 (b) of the Data Privacy Act (Unauthorized

Processing of Sensitive Personal Information) through ICT - imprisonment ranging

from three (3) ears to six (6) years and a fine of not less than Five hundred thousand

pesos (Php500,000.00) but not more than Four million pesos (Php4,000,000.00).
(iii) Violation of Section 26 (a) of the Data Privacy Act (Accessing Personal

Information Due to Negligence) through ICT - imprisonment ranging from one (1)

year to three (3) years and a fine of not less than Five hundred thousand pesos

(Php500,000.00) but not more than Two million pesos (Php2,000,000.00).

(iv) Violation of Section 26 (b) of the Data Privacy Act (Accessing Sensitive

Personal Information Due to Negligence through "ICT"- imprisonment ranging from

three (3) years to six (6) years and a fine of not Jess than Five hundred thousand pesos

(Php500,000.00) but not more than Four million pesos (Php4,000,000.00).

(v) Violation of Section 27 (a) of the Data Privacy Act (Improper Disposal of

Personal Information) through ICT - imprisonment ranging from six (6) months to

two (2) years and a fine of not less than One hundred thousand pesos (Php100,000.00)

but not more than Five hundred thousand pesos (Php500,000.00),

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(vi) Violation of Section 27 (b) of the Data Privacy Act (Improper Disposal of

Sensitive Personal Information) through ICT - imprisonment ranging from one (1)

year to three (3) years and a fine of not less than One hundred thousand pesos

(Php100,000.00) but not more than One million pesos (PhpI,000.000.00).

(vii) Violation of Section 28 (a) of the Data Privacy Act (Processing of

Personal Information for Unauthorized Purposes) through ICT - imprisonment

ranging from one (1) year and six (6) months to five (5) years and a fine of not less

than Five hundred thousand pesos (Php500,000.00) but not more than One million
pesos (Php!,000,000.00),
(vili) Violation of Section 28 (b) of the Data Privacy Act (Processing of

Sensitive Personal Information for Unauthorized Purposes) through ICT -

imprisonment ranging from two (2) years to seven (7) years and a fine of not less than

Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos

(Php2,000,000.00).

(ix) Violation of Section 30 of the Data Privacy Act (Concealment of Security

Breaches Involving Sensitive Personal Information) through ICT - imprisonment of

one (1) year and six (6) months to five (5) years and a fine of not less than Five

hundred thousand pesos (PhpS00,000.00) but not more than One million pesos

(Php1,000,000.00).

(x) Violation of Section 33 of the Data Privacy Act (Combination or Series of

Acts) through ICT - imprisonment ranging from three (3) years to six (6) years and a

fine of not less than One million pesos (Php!,000,000.00) but not more than Five

million pesos (Php5,000,000.00).

(j) Violation of Section 27 (a) (Hacking) - imprisonment ranging from one (1) year to
three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but
not more than Two million pesos (Php2,000,000.00).

(k) Violation of Section 27 (b) (Cracking) - imprisonment ranging from one (1) year
to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00)
but not more than Two million pesos (Php2,000,000.00).

(1) Violation of Section 27 (c) (phishing) - imprisonment ranging from one (1) year
and six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos.
(Php500,000.00) but not more than One million pesos (Php1,000,000.00)


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(m) Violation of Section 27 (d) (Violation of Data Privacy Act with hacking,

cracking, or phishing) -

(i) Violation of Section 25 (a) of the Data Privacy Act (Unauthorized
Processing of Personal Information) with hacking, cracking, or phishing - shall be
penalized by imprisonment ranging from one (1) year to three (3) years and a fine of
not less than Five hundred thousand pesos (Php500,000,00) but not more than Two
million pesos (Php2,000,000.00).

(ii) Violation of Section 25 (b) of the Data Privacy Act (Unauthorized
Processing of Sensitive Personal Information) with hacking, cracking, or phishing -
shall be penalized by imprisonment ranging from three (3) years to six (6) years and a
fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than
Four million pesos (Php4,000,000.00).

(iii) Violation of Section 26 (a) of the Data Privacy Act (Accessing Personal
Information Due to Negligence) with hacking, cracking, or phishing - shall be
penalized by imprisonment ranging from one (1) year to three (3) years and a fine of
not less than Five hundred thousand pesos (Php500,000,00) but not more than Two
million pesos (Php2,000,000.00).

(iv) Violation of Section 26 (b) of the Data Privacy Act (Accessing Sensitive
Personal Information Due to Negligence) with hacking, cracking, or phishing - shall
be penalized by imprisonment ranging from three (3) years to six (6) years and a fine
of not less than Five hundred thousand pesos (Php500,000.00) but not more than Four
million pesos (Php4,000,000.00).

(v) Violation of Section 27 (a) of the Data Privacy Act (Improper Disposal of
Personal Information) with hacking, cracking, or phishing - shall be penalized by
imprisonment ranging from six (6) months to two (2) years and a fine of not less than
One hundred thousand pesos (Phpl00,000.00) but not more than Five hundred
thousand pesos (Php500,000.00).

(vi) Violation of Section 27 (b) of the Data Privacy Act (Improper Disposal of
Sensitive Personal Information) with hacking, cracking, or phishing - shall be
penalized by imprisonment ranging from one (1) year to three (3) years and a fine of
not less than One hundred thousand pesos (Php!00,000.00) but not more than One
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(vii) Violation of Section 28 (a) of the Data Privacy Act (Processing of
Personal Information for Unauthorized Purposes) with hacking, cracking, or phishing
- shall be penalized by imprisonment ranging from one (1) year and six (6) months to
five (5) years and a fine of not less than Five hundred thousand pesos
(Php500,000,00) but not more than One million pesos (Php1,000,000.00).

(viii) Violation of Section 28 (b) of the Data Privacy Act (Processing of
Sensitive Personal Information for Unauthorized Purposes) with hacking, cracking, or
Phishing -shall be penalized by imprisonment ranging from two (2) years to seven (7)
years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not
more than Two million pesos (Php2,000,000.00),

(ix) Violation of Section 30 of the Data Privacy Act (Concealment of Security
Breaches Involving Sensitive Personal Information) with hacking, cracking, or
Phishing- Shall be penalized by imprisonment of one (1) year and six (6) months to
five (5) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php!,000,000.00),

(x) Violation of Section 33 oft he Data Privacy Act (Combination or Series of
Acts) with hacking, cracking, or phishing - Shall be penalized by imprisonment
ranging from three (3) years to six (6) years and a fine of not less than One million
pesos (Php1,000,000.00) but not more than Five million pesos (Php5,000,000.00)

(n) Violation of Section 28 (a) (Illegal seizure of ICT) - shall be punished with
imprisonment of prision correccional or a fine of not more than Five hundred thousand pesos
(PhP500,000.00) or both.

(0) Violation of Section 28 (b) (Aiding and abetting illegal seizure of ICT) - shall be
18 punished with imprisonment of prision correccional in its minimum period ora fine of not
more than Four hundred thousand pesos (PhP400,000.00) or both.

(p) Violation of Section 28 (c) (Arbitrary seizure of ICT) - Shall be punished with
imprisonment of prision correccional in its maximum period or a fine of not more than Five
hundred thousand pesos (PhP500,000.00) or both.

(q) Violation of Section 28 (d) (instigating arbitrary seizure of ICT) = shall be
punished with imprisonment of prision correccional or a fine of not more than Five hundred
thousand pesos (PhPS00,000.00) or both.


eC eVauewn

(r) Violation of Section 29 (a) (i) (Copyright infringement) - any person infringing a
copyright shall be liable to pay to the copyright proprietor or his assigns or heirs such actual
damages, including legal costs and other expenses, as he may have incurred due to the
infringement as well as the profits the infringer may have made due to such infringement, and
in proving profits the plaintiff shall be required to prove sales only and the defendant shall be
required to prove every element of cost which he claims, of, in lieu of actual damages and
profits, such damages which to the court shall appear to be just and shall not be regarded as
penalty.

(s) Violation of Section 29 (a) (ii) (Plagiarism of copyleft) - The same penalty for a
violation of Section 47 (a) (i) (Copyright infringement) shall be imposed for a violation of
this Section.

(t) Violation of Section 29 (a) (iii) (Plagiarism of public domain content) - While this
constitutes infringement, it shall not be subject to the payment of damages or to any other
penalty.

(u) Violation of Section 29 (a) (iv) (Reverse engineering) - The same penalty for a
violation of Section 47 (a) (i) (Copyright infringement) shall be imposed for a violation of
this Section

(vy) Violation of Section 29 (b) (Piracy through ICT) - The same penalty for a
violation of Section 47 (a) (i) (Copyright infringement) shall be imposed for a violation of
this Section.

(w) Violation of Section 29 (c) (Cybersquatting) - The same penalty for a violation of
Section 47 (a) (1) (Copyright infringement) shall be imposed for a violation of this Section.

(x) Violation of Section 29 (d) (Unreasonable restriction of device privileges) - shall
be punished with a fine of not less than one hundred thousand pesos (Php 100,000.00) or
more than two million pesos (PhP 2,000,000.00)

(y) Violation of Section 30 (Fraud via ICT) - shall be punished with imprisonment of
prision correccional or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to
a maximum amount that is double the amount of damage incurred, whichever is higher, or
both imprisonment and fine,

(z) Violation of Section 31 (a) (ICT-cnabled prostitution) - shall be punished with
imprisonment of prision mayor or a fine of at least Two hundred thousand pesos
(PhP200,000.00) up to a maximum amount of Five hundred thousand pesos (PhP500,000.00),
or both.

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(aa) Violation of Section 31 (b) (ICT-enabled trafficking in persons)-
(1) Violation of Section 4 of the Anti-Trafficking in Persons Act of 2003
through ICT - penalty of imprisonment of twenty (20) years and a fine of not less than
One million pesos (P1,000,000,00) but not more than Two million Pesos
(P2,000,000.00).
(11) Violation of Section 5 of the Anti-Trafficking in Persons Act of 2003
through ICT - imprisonment of fifteen (15) years and a fine of not less than Five
hundred thousand pesos (P500,000,00) but not more than One million pesos
(P1,000,000.00),
(ili) Violation of Section 6 of the Anti-Trafficking in Persons Act of 2003
through ICT -life imprisonment and a fine of not less than Two million pesos
(P2,000,000.00) but not more than Five million pesos (P5,000,000.00),
(iv) Violation of Section 7 of the Anti-Trafficking in Persons Act of 2003
through ICT - imprisonment of six (6) years and a fine of not less than Five hundred
thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00).
(a b) Violation of Section 32 (a) (ICT-enabled child prostitution) - Violation of
Section 5 of the Special Protection of Children Against Abuse, Exploitation and
Discrimination Act through ICT - reclusion temporal in its medium period to reclusion
perpetua,

(ac) Violation of Section 32 (b) (ICT-enabled child trafficking) - Violation of Section
7 of the Special Protection of Children Against Abuse, Exploitation and Discrimination Act
through ICT - reclusion temporal to reclusion perpetua, The penalty shall be imposed in its
maximum period when the victim is under twelve (12) years of age.

(ad) Violation of Section 33 (a) (Internet libel) - This shall only give rise to civil
liability and the amount shall be commensurate to the damages suffered.

(ae) Violation of Section 33 (b) (Internet hate speech) - This shall only give rise to
civil liability and the amount shall be commensurate to the damages suffered.

(af) Violation of Section 33 (c) (Internet child pornography) - Violation of the Anti-
Child Pornography Act through ICT - Shall be punished according to the provisions of.
Section 15 of the Anti-Child Pornography Act of 2009 (RA 9775)

(ag) Violation of Section 33 (d) (Internet child abuse) - Violation of Section 9 of the
Special Protection of Children Against Abuse, Exploitation and Discrimination Act through

ICT - Shall be punished with imprisonment of prision mayor in its medium period. If the
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child used as a performer, subject or seller! distributor is below twelve (12) years of age, the
penalty shall b imposed in its maximum period.

(ah) Violation of Section 33 (e) (Internet expression inimical to the public interest) -
This shall only give rise to civil liability and the amount shall be commensurate to the
damages caused by the Internet expression.

(ai) Violation of Section 34 (b) (Cyberterrorism) - The commission of acts prohibited
by the Human Security Act of 2007, as amended, through or using devices, equipment, or
physical plants connected to the Internet or to telecommunications networks shall be
penalized by the applicable provisions of the Human Security Act of 2007, as amended.

(aj) Violation of Section 34 (c) (ICT-enabled financing of terrorism) - The
commission of acts prohibited by the Terrorism Financing Prevention and Suppression Act of
2012, as amended, through or using devices, equipment, or physical plants connected to the
Internet or to telecommunications networks shall be penalized by the applicable provisions of
the Terrorism Financing Prevention and Suppression Act of 2012, as amended

(ak) Violation of Section 34 (d) (Cyberespionage) - The commission of acts
prohibited by Article 117 of the Revised Penal Code, as amended, through or using devices,
equipment, or physical plants connected to the Internet or to telecommunications networks

shall be penalized by the applicable provisions of the Revised Penal Code, as amended.

Section 42. Penalties for Violations of the Magna Carta for Philippine Internet
Freedom Affecting Critical Networks and Infrastructure. - As prescribed by Section 52 (a) of
this Act, a penalty one degree higher shall be imposed on the specific violations of the Magna
Carta for Philippine Intemet Freedom if committed against critical networks or information

and communication technology infrastructure.

Section 43. Penalties for Other Violations of The Magna Carta for Philippine Internet
Freedom. ~.A fine of not more than Five hundred thousand pesos (Php 500,000.00) shall be

imposed for a violation of other sections of the law not covered by the preceding sections

Section 44. Penalties for Violations of The Magna Carta for Philippine Internet
Freedom Committed by a Public Official or Employee. -

(a) Except as explicitly provided by the preceding sections, the next higher penalty

shall be imposed for a violation or negligence resulting in the violation of this Act if the

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violation or negligence resulting in the violation is committed by a public official or
employee in connection with his duties

(b) If the penalty imposed for the act or negligence resulting in the violation of this
Act is civil liability or civil liability and a fine, then an additional penalty of a fine of not less
Two hundred thousand pesos (Php 200,000.00) but not more than Five hundred thousand
pesos (Php 500,000.00) shall be imposed on the public official or employee.

Section 45. Liability Under the Data Privacy Act, the Intellectual Property Code, the
Optical Media Act, the Anti-Child Pornography Act of 2009, the Special Protection of
Children Against Abuse, Exploitation and Discrimination Act, the Revised Penal Code, and
Other Laws. -

(a) A prosecution under this act shall bar any further prosecution of the act as a
violation of any provision of the Data Privacy Act, the Intellectual Property Code, the Optical
Media Act, the Anti-Child Pornography Act of 2009, the Anti-Trafficking in Persons Act,
and other special laws, except

(i) if the act was performed through the use of a device, equipment. or physical
plant connected to the Internet or to telecommunications networks, or in connivance
with a third party with access to the same; and,

(ii) if the act could not have been performed through the use the said device,
equipment, or physical plant connected to the Internet or to telecommunications
networks, or the said third party with access to the same, and; c) if the act is part of a
series of or combination with other unlawful acts, these acts being performed without
the use of a device, equipment, or physical plant connected to the Internet or to
telecommunications networks, or in connivance with a third party with access to the
same.

(b) A prosecution under this act shall bar any further prosecution of the act as a
violation of the Revised Penal Code and other special laws, except

(i) if the act was performed through the use of a device, equipment, or physical
plant connected to the Internet or to telecommunications networks, or in connivance
with a third party with access to the same;

(ii) if the violation could not have been performed through the use the said
device, equipment, or physical plant connected to the Internet or to
telecommunications networks, or the said third party with access to the same:

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(iif) if the act involves the transmission of data through the Internet or
telecommunications networks; and

(iv) if the act is part of a series of or combination with other unlawful acts,
these acts being performed without the use of a device,’ equipment, or physical plant
connected to the Internet or to telecommunications networks, or in connivance with a

third party with access to the same.

Section 46. Competent law enforcement agencies. ~

(a) Department of Justice {DOJ}. - The Department of Justice may create an Office of
Cybercrime, which shall be designated as the central authority in the enforcement of this Act,
and all matters related to international mutual assistance and extradition, as provided for by
this Act.

(b) National Bureau of Investigation {NBI}. - The National Bureau of Investigation
may create a Cybercrime Division, which shall be responsible for matters related to
enforcement of this Act. It shall cooperate with the division responsible for matters related
with transnational crime, other divisions, and other government agencies in the enforcement
of this Act.

(c) Philippine National Police {PNP}. - The Criminal Investigation and Detection
Group (CIDG) of the Philippine National Police may create a Cybercrime Office, which shall
be responsible for matters related to enforcement of this Act. The PNP shall, within the extent
practicable, establish cybercrime desks in police stations, and shall cooperate with other

government agencies in the enforcement of this Act.

Section 47, Cybercrime courts, -
(a) Designation of Cybercrime Courts and Promulgation of Procedural Rules. - The
Supreme Court shall designate the court or courts, manned by judges of competence,
integrity, probity and independence in the practice of law, and competent in matters related to
the Internet and information and communications technology, that will hear and resolve cases
brought under this Act and shall promulgate the rules of pleading, practice and procedure to
govern the proceedings brought under this Act.
(b) Qualifications of the Presiding Judges of cybercrime courts. - No person shall be
appointed a Presiding Judge of the Cybercrime Court unless he:
(i)is a natural-born citizen of the Philippines.
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(ii) is at least thirty-five (35) years of age;

(iii) has been engaged in the practice of law in the Philippines for at least ten
(10) years, or has held a public office in the Philippines requiring admission to the
practice of law as an indispensable requisite; and,

(iv) has an academic or professional background in information and
communications technology, computer science, or engineering; or has proven a high
degree of competence in the use of the Internet and information and communications
technology.

Court personnel of the Cybercrime Court shall undergo training and must have the
experience and demonstrated ability in dealing with cybercrime cases and other cases related

to the Internet and information and communications technology.

Section 48, Jurisdiction of cybercrime courts. -

(a) Exclusive original jurisdiction - The Cybercrime Court shall have exclusive
original jurisdiction over violations of this Act and over cases involving the Internet and
information and communications technology.

(b) Suit filed at the residence of the accused for criminal violations of the Magna
Carta for Philippine Internet Freedom. - Except in cases that are extraterritorial, foreign,
international, and transnational in nature, all suits related to criminal violations of this Act
shall be filed at the cybercrime court having jurisdiction over the residence of the accused.

(c) Suit filed at the cybercrime court agreed upon by the parties for civil violations of
the Magna Carta for Philippine Internet Freedom. - Except in cases that are extraterritorial,
foreign, international, and transnational in nature, all suits related to civil violations of this
‘Act shall be filed at the cybercrime court agreed upon by the parties. Should the parties be
unable to reach an agreement. the Court of Appeals shal] determine the cybercrime court that

shall have jurisdiction over the case.

Section 49. Extraterritorial application of the Magna Carta for Philippine Internet
Freedom, - Subject to the provision of an existing treaty of which the Philippines is a State
Party, and to any contrary provision of any law of preferential application, the provisions of
this Act shall apply

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(a) to individual persons who, although physically outside the territorial limits of the
Philippines, commit, conspire or plot to commit any of the crimes defined and punished in
this Act inside the territorial limits of the Philippines;

(b) to individual persons who, although physically outside the territorial limits of the
Philippines, commit any of the said crimes on board a Philippine ship or aircraft;

(c) to individual persons who commit any of said crimes within any embassy,
consulate,
or diplomatic premises belonging to or occupied by the Philippine government in an official
capacity;

(d) to individual persons who, although physically outside the territorial limits of the
Philippines, commit said crimes against Philippine citizens or persons of Philippine descent.
where their citizenship or ethnicity was a factor in the commission of the crime; and,

(e) to Individual persons who, although physically outside the territorial limits of the
Philippines, commit said crimes directly against the Philippine government or critical

information and communications technology infrastructure in the Philippines.

Part 8. Implementing Rules and Regulations.

Section 50. General Implementing Rules and Regulations for the Implementation of
the Magna Carta for Philippine Internet Freedom. ~

(a) The Secretary of Information and Communication Technology, the Commissioner
of the National Telecommunications Commission, the Commissioner of the National Data
Privacy Commission, and the Chief of the Telecommunications Office, or their duly
authorized and appointed delegates, an appointee from the academe or the business sector,
shall be

jointly responsible for the creation of general implementing rules and regulations (IRR) of

and an appointee from civil society or professional ICT-oriented organization

this Act. The Solicitor-General shall participate to ensure that the IRR is not in conflict with
this Act, with other laws, with other IRRs of this Act, and with generally accepted principles
of international human, civil, and political rights

(b) The General Implementing Rules and Regulations for the Implementation of the
Magna Carta for Philippine Internet Freedom shall be made public afier its approval.

(c) The President shall implement the General Implementing Rules and Regulations
for the Implementation of the Magna Carta for Philippine Internet Freedom through the

applicable agencies and instrumentalities of the Executive
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Section 51. Implementing Rules and Regulations far Information and
Communications Technology Infrastructure Development. ~

(a) The Secretary of Information and Communication Technology, the Secretary of
Finance, the Director-General of the National Economic and Development Authority, and the
Chairman of the Board of Investments, or their duly authorized and appointed delegates, an
appointee from civil society or professional ICT-oriented organizations, and an appointee
from the business sector shall be jointly responsible for the creation of implementing rules
and regulations (IRR) of this Act towards the development of information and
communications technology infrastructure. The Solicitor-General shall participate to ensure
that the IRR is not in conflict with this Act, with other laws, with other IRRs of this Act, and
with generally accepted principles of international human, civil, and political rights

(b) The IRR for ICT Infrastructure Development shall be made public after its
approval
(c) The President shall implement the IRR for Information and Communications Technology
Infrastructure Development through the applicable agencies and instrumentalities of the

Executive.

Section 52, Implementing Rules and Regulations for Cybercrime Law Enforcement. —

(a) The Secretary of Information and Communication Technology, the Secretary of
Justice, the Secretary of Interior and Local Government, the Secretary of Social Welfare and
Development, the Secretary of Foreign Affairs, the Director-General of the National Bureau
of Investigation, and the Director-General of the Philippine National Police, or their duly
authorized and appointed delegates, an appointee from the academe, an appointee from civil
society, and an appointee from a professional ICT-oriented organization shall be jointly
responsible for the creation of implementing rules and regulations (IRR) of this Act towards
cybercrime and law enforcement. The Solicitor-General and the Chairman of the Commission
on Human Rights shall participate to ensure that the IRR Is not in conflict with this Act, with
other laws, with other IRRs of this Act, and with generally accepted principles of
international human, civil, and political rights,

(b) The IRR for Cybercrime and Law Enforcement shall be made public after its

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(c) The President shall implement the IRR for Cybercrime and Law Enforcement

through the applicable agencies and instrumentalities of the Executive,

Section 53, Implementing Rules and Regulations for Information and
Communications Technology Education, Training, and Human Resources. -

(a) The Secretary of Information and Communication Technology, the Secretary of
Education, the Secretary of Science and Technology, the Commissioner of Higher Education,
the Director-General of the Technical Education and Skills Development Authority, the Head
of the National Telecommunications Training Institute, or their duly authorized and
appointed delegates, and an appointee from the academe shall be jointly responsible for the
creation of implementing rules and regulations (IRR) of this Act towards information and
communications technology education, training and human resources. The Solicitor-General
and the Secretary of Labor and Employment shall participate to ensure that the IRR is not in
conflict with this Act, with other laws, with other IRRs of this Act. and with generally
accepted principles of international human, civil, and political rights

(b) The IRR for ICT Education, Training and Human Resources Shall be made public
after its approval

(c) The President shall implement the IRR for ICT Education, Training and Human

Resources through the applicable agencies and instrumentalities of the Executive.

Section 54. Implementing Rules and Regulations for Information anal
Communications Technology Research and Development.-

(a) The Secretary of Information and Communication Technology, the Secretary of
Science and Technology, the Director-General of the National Economic and Development
Authority, or their duly authorized and appointed delegates, an appointee from the academe,
and an appointee from the business sector, shall be jointly responsible for the creation of
implementing rules and regulations (IRR) of this Act towards information and
communications technology research and development, The Solicitor-General shall
participate to ensure that the IRR is not in conflict with this Act, with other laws, with other
IRRs of this Act, and with generally accepted principles of international human, civil, and
political rights

(b) The IRR for ICT Research and Development shall be made public after its

approval
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(c) The President shall implement the IRR for ICT Research and Development

through the applicable agencies and instrumentalities of the Executive.

Section 55. Implementing Rules aml Regulations for National Cyherdefense,
Cyherintelligence, Counter-Cyberterrorism, and Counter-Cvberespionage. -

(a) The Secretary of National Defense, the Secretary of Interior and Local
Gor
Armed Forces of the Philippines (AFP), the commanding general of the unit of the

ernment, or their duly authorized and appointed delegates, the Chief of Staff of the

Philippine Air Force tasked with national cyberdefense, the commanding officer of the
Intelligence Service, Armed Forces of the Philippines (ISAFP), the commanding officer of
the Communication Electronics and Information Systems Service, Armed Forces of the
Philippines (CEISSAFP), and the Director-General of the Philippine National Police shall be
jointly responsible for the creation of implementing rules and regulations (IRR) of this Act
towards ensuring national cyberdefense, cyberintelligence. counter-cyberterrorism, and
counter-cyberespionage. The Secretary of Information and Communication Technology shall
provide technical advice. The Solicitor-General and the Chairman of the Commission on
Human Rights shall participate to ensure that the IRR is not in conflict with this Act, with
other laws, with other IRRs of this Act, and with generally accepted principles of
international human, civil, and political rights.

(b) The IRR for National Cyberdefense, Cyberintelligence, Counter-Cyberterrorism,
and Counter-Cyberespionage shall be made public after its approval

(c) Subject to the approval of the President, and subject to the advice and consent of
the Joint Select Committee on Military and Intelligence Affairs of the House of
Representatives and the Senate, the Secretary of National Defense, the Secretary of Interior
and Local Government, or their duly authorized and appointed delegates, the Chief of Staff of
the Armed Forces of the Philippines (AFP), the commanding general of the unit of the
Philippine Air Force tasked with national cyberdefense, the commanding officer of the
Intelligence Service, Armed Forces of the Philippines (ISAFP), the commanding officer of

the Communication Electronics and Information Systems Service, Armed Forces of the

Philippines (CEISSAFP), and the Director-General of the Philippine National Police shall
prepare a National Cyberdefense and Cybersecurity Plan every three years
(d) The President shall have the power to implement the National Cyberdefense and
Cybersecurity Plan
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(e) The contents of the current and past National Cyberdefense and Cybersecurity
Plans shall be covered by executive privilege and shall be considered state secrets, and any
unauthorized disclosure shall be punishable to the fullest extent possible by relevant laws.
Section 75, Implementing Rules and Regulations for the Provision of Free WIFI Access- The
Secretary of Information and Communication Technology, Secretary of Tourism and the
Secretary of Finance shall formulate and promulgate the implementing rules and regulations
of this Act towards the designation of selected public areas for free WIFI access.

Section 56, Periodic Review of the Implementing Rules and Regulations of the Magna
Caria for Philippine Internet Freedom. ~

(a) Mandatory and periodic reviews of the implementing rules and regulations of the
Magna Carta for Philippine Internet Freedom shall be done by the offices designated by this
‘Act to create implementing rules and regulations. Such reviews shall be performed no less
than every three years and no more than every five years, to keep pace with technological
advancements and other changes

(b) Periodic reviews of the implementing rules and regulations and the
recommendation of the improvement of the Magna Carta for Philippine Internet Freedom
shall be done by the offices designated by this Act to create implementing rules and
regulations, to keep pace with technological advancements and other changes.

Part 9, Final Provisions,

Section 57. Appointment of the Secretory of Information and Communications
Technology. - Subject to confirmation by the Commission on Appointments, the President
shall appoint the Secretary of Information and Communications Technology within 30 days
of the effectivity of this Act.

Section 58. Release of Initial Appropriations. ~ Subject to government budgetary and
audit procedures, the Department of Budget and Management shall release appropriations to
the Secretary of Information and Communications Technology for purposes of implementing
this Act within 30 days of his appointment.

Section 59. Preparation of Implementing Rules and Regulations. = Within 90 days of
the release of initial appropriations, implementing rules and regulations shall have been
prepared and approved. The National Cyberdefense and Cybersecurity Plan shall be prepared,

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approved, and implemented within 90 days of the approval of the implementing rules and
regulations,

Section 60. Compliance of Government ICT Infrastructure and Critical Networks,
Data, and Internet Infrastructure. ~

(a) Within 180 days of the approval of the implementing rules and regulations,
government agencies and instrumentalities shall have secured their private network and data
infrastructure, Penalties as prescribed by this Act shall be imposed for noncompliance.

(b) Within 270 days of the approval of the implementing rules and regulations,
government agencies and instrumentalities shall have secured their public network, data, and
Internet infrastructure. Penalties as prescribed by this Act shall be imposed for
noncompliance

(c) Within one (1) year of the approval of the implementing rules and regulations, all
Internet service providers, Internet exchanges, Intemet data centers, Internet yateway
facilities, telecommunications entities, and persons providing Internet connection, network,
or data transmission services shall have met the minimum standards of Privacy and security
for their private and public network, data, and Internet infrastructure. Penalties as prescribed
by this Act shall be imposed for noncompliance.

(d) Within 90 days of the approval of the implementing rules and regulations, all
Internet service providers, Internet exchanges, Internet data centers, Internet gateway
facilities, telecommunications entities, and persons providing Internet connection, network,
or data transmission services shall have met the minimum’ standards of interconnectivity and
imter operability of their information and communications technology infrastructure.
Administrative penalties shall be prescribed for noncompliance.

(c) Within 180 days of the approval of the implementing rules and regulations, all
Internet service providers, Internet exchanges, Internet data centers, Internet gateway
facilities, telecommunications entities, and persons providing Internet connection, network,
or data transmission services shall have met the minimum standards of service quality

Administrative penalties shall be prescribed for noncompliance.

Section 61. Public Information Campaign for the Magna Carta for Philippine Internet

Freedom and its Implementing Rules and Regulations. ~
(a) The Office of the President, the Presidential Communications Development and
Strategic Planning Office or its successor agency, the Philippine Information Agency or its
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Successor ageney, and the Department of Interior and local Government through the
information offices of local government units, shall be jointly responsible for information
campaigns to ensure nationwide awareness of the Magna Carta for Philippine Internet
Freedom and its implementing rules and regulations.

(b) The Department of Education and the Department of Social Welfare and
Development may provide age-appropriate information campaigns in schools to ensure
nationwide awareness of the Magna Carta for Philippine Internet Freedom, its Implementing
rules and regulations, and the safe use of the Internet and information and communications

technology for children of school age and for out-of-school youths.

Section 62. Initial funding requirements, -

(a) DOJ - The initial funding requirements for the implementation of this Act of the
DO] shall be charged against the current appropriations of the DO).

(b) NBI - The initial funding requirements for the implementation of this Act of the
NBI shall be charged against the current appropriations of the NBI

(c) PNP - The initial funding requirements for the implementation of this Act of the
PNP shall be charged against the current appropriations of the PNP.

(d) IRR = An initial appropriation of five million pesos (PHP 5,000,000), to be
disbursed by the Secretary of Information and Communications Technology, shall be drawn
from the national government for purposes of the preparation of the Implementing Rules and
Regulations of this Act.

(e) PIA - An appropriation of five million pesos (PHP 5,000,000) may be drawn from
the national government for purposes of the information dissemination campaign on this Act
by the PLA.

(f) Other agencies - The initial funding requirements for the implementation of this
Act by other agencies shall be charged against the current appropriations of the respective

agencies,
Section 63, Succeeding appropriations. - Such sums as may be necessary for the

implementation of this Act shall be included in the agencies’ yearly budgets under the
General Appropriations Act

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Section 64. Separability clause. - If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provisions not otherwise affected shall

remain valid and subsisting.

Se

order, letter of instruction, administrative order, rule, or regulation contrary to, or inconsistent

-tion 65. Repealing clause - Any law, presidential decree or issuance, executive
with, the provisions of this Act is hereby repealed, modified, or amended accordingly.
Section 66. Effectivity clause. - This Act shall take effect fifteen (15) days after its

online publication in the Official Gazette. Within seven (7) days after its online publication.

this Act shall be published on (2) newspapers of general circulation

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