Republic of the Philippines

House of Representatives \s*

Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILLNo.__ 6342

Introduced by REP. RODEL M. BATOCABE, REP. ALFREDO A. GARBIN, Jr.,
REP. CHRISTOPHER S. CO.

AN ACT PROVIDING FOR STRICTER PENALTY CERTAIN CYBERCRIME
OFFENSES, AMENDING FOR THE PURPOSE RA 10175 OR THE ‘CYBERCRIME
PREVENTION ACT OF 2012’

EXPLANATORY NOTE

This bill secks to provide a stricter penalty of rec/usion perpetua to death, to cybercriminals
who launch cyberattacks, such as ransomware, that target government computers and disrupt
government services

‘The internet and online connectivity has become such an indispensable tool in our modern.
daily life. The great majority of today’s society runs on internet connection and online
connectivity. Private corporations and government offices conduct their businesses through online
or digital connection.

Just this year, in May, news broke out that more than 100,000 ransomware cyberattacks
targeted company and government computers in 99 countries including the Philippines. The
ransomware called “WannaCry’ infected computers by locking down all the files on a computer
and asks the computer's administrator to pay an equivalent of USD300 in order to unlock them.

According to TrendMicro, an internet security company, a ‘ransomware’ is “a type of
malware that prevents or limits users from accessing their system, either by locking the system's
screen or by locking the users’ files unless a ransom is paid. More modern ransomware families,
collectively categorized as crypto-ransomware, encrypt certain file types on infected systems and
forces users to pay the ransom through certain online payment methods to get a decrypt key.”

Paragraph 4 (a), Section 4, of RA 10175 or the ‘Cybercrime Prevention Act of 2012°
provides that “the intentional alteration or reckless hindering or interference with the functioning
of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating,
altering or suppressing computer data or program, electronic document, or electronic data message,
without right or authority, including the introduction or transmission of viruses” is a criminal
offense.

Nevertheless, Section 8 of the same Republic Act provides a penalty of reclusion temporal
or a fine of at least Five Hundred Thousand pesos (Php500,000.00) shall be imposed for such
criminal offense

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If enacted into law, this bill will provide a stricter penalty for such offense that disrupts
critical government infrastructure and damages the systems that provide services to the Filipino
people. This act should deter cybercriminals who intend to destabilize the government's computer
infrastructure,

view of the foregoing, approval of this ily sought.

CHRIS’ $.cO


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Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

‘SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 6342

Introduced by REP. RODEL M. BATOCABE, REP. ALFREDO A. GARBIN, Jr.,
REP. CHRISTOPHER S. CO

AN ACT
PROVIDING FOR STRICTER PENALTY CERTAIN CYBERCRIME OFFENSES,
AMENDING FOR THE PURPOSE RA 10175 OR THE ‘CYBERCRIME PREVENTION
ACT OF 2012"

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

SECTION 1. Sec. 8 of Republic Act 10175, otherwise known as the ‘Cybercrime Prevention Act
of 2012’ is hereby amended to read as follows:
SEC. 8, Penalties. — Any person found guilty of any of the punishable
acts enumerated in Sections 4(a) and 4(b) of this Act 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 commensurate

to the damage incurred or both.

XXX

If punishable acts in Section 4(a) are committed against critical
infrastructure, the penalty of reclusion temporal PERPETUA TO
DEATH ora fine of at least Five hundred thousand peses (PAPSO0,000-00)
ONE MILLION PESOS (PHP1,000,000.00) up to maximum amount
commensurate to the damage incurred or both, shall be imposed.

SECTION 2. Separability Clause — Should any provision of this Act be declared unconstitutional,

the remainder thereof not otherwise affected shall remain in full force and effect.


SECTION 3. Repealing Clause. ~ All other existing laws, presidential decrees, executive orders,
proclamations or administrative regulations that are inconsistent with the provisions of this Act
are hereby repealed, amended or modified accordingly.

SECTION 4. Effectivity ~ This Act shall take effect fifteen (15) days following the completion of
its publication in the Official Gazette or in two (2) newspapers of general circulation,
Approved,