CEPRESEN

Republic of the Philippines a
HOUSE OF REPRESENTATIVES //¥ ” RECEIVED
Quezon City onTesu

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7301
Sa

Introduged by Representative Michael L. Romero

EXPLANATORY NOTE

‘The Republiclof the Philippines, is cognizant of the very vital role of information
and communjecations technology (ICT) in nation-building; the need to create an
information-ffiendly environment which supports and ensures the availability,
diversity an@ affordability of ICT products and services; the primary
responsibility] of the private sector in contributing investments and services in
telecommunifations and information technology; the need to develop, with
appropriate training programs and institutional policy changes, human
resources for|the information technology age, a labor force skilled in the use of
ICT and a pofulation capable of operating and utilizing electronic appliances and
computers; itB obligation to facilitate the transfer and promotion of technology;
to ensure nefwork security, connectivity and neutrality of technology for the
national benpfit; and the need to marshal, organize and deploy national
information ipfrastructures, comprising in both telecommunications network
and strategic|information services, including their interconnection to the global
information petworks, with the necessary and appropriate legal, financial,
diplomatic and technical framework, systems and facilities.

This House |Bill seeks to facilitate domestic and international dealings,
transactions, arrangements, agreements, contracts and exchanges and storage
of emo through the utilization of electronic, optical and similar medium,

mode, ins entality and technology to recognize the authenticity and
reliability of qlectronic documents related to such activities and to promote the
universal use}of electronic transaction in the government and general public.



Thus, the a passage of this bill is earnestly requested.

ICHAEL L. |ROMERO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 7301

Introdu¢ed by Representative Michael L. Romero
AN ACT
AMENDING REPUBLIC ACT 8792 (ELECTRONIC COMMERCE ACT
OF 2000), PROVIDING FOR STIFFER PENALTIES AND

SANCTIONS, AND FOR OTHER PURPOSES

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

te 1. Section 33 of Republic Act 8792, (Electronie Commerce

Act of 2000) 1

is hereby amended to read as follows:

Section 33, Penalties. - The following Acts, shall be penalized
by fine and/or imprisonment, as follows:

(a) Hacking or crackling with refers to unauthorized
access into or interference in a computer system/server
or information and communication system; or any
access in order to corrupt, alter, steal, or destroy using
a computer or other similar information and
communication devices, without the knowledge and
consent of the owner of the computer or information
and communications system, including the
introduction of computer viruses and the like, resulting
in the corruption, destruction, alteration, theft or loss


of electronic data messages or electronic documents
shall be punished by a minimum fine of One Million
pesos (P1,000,000.00) to commensurate to the damage
incurred and a mandatory minimum imprisonment of
Three (3) years;

(b) Piracy or the unauthorized copying, reproduction,
dissemination, or distribution, importation, use,
removal, alteration, substitution, modification, storage,
uploading, downloading, communication, making
available to the public, or broadcasting of protected
material, electronic signature or copyrighted works
including legally protected sound recordings or
phonograms or information material on protected
works, through the use of telecommunication networks,
such as, but not limited to, the internet, in a manner
that infringes intellectual property rights shall be
punished by a minimum fine of One Million pesos (P
1,000,000.00) to commensurate to the damage
incurred and a mandatory minimum imprisonment of
Three (3) years;

(c) Violations of the Consumer Act of Republic Act No.
7394 and other relevant to pertinent laws through
transaction covered by or using electronic data
messages or electronic documents, shall be penalized
with the same penalties as provided in those laws;

(d) Other violations of the provisions of this Act, shall
be penalized with a minimum penalty of One Million
pesos (P 1,000,000.00) and a mandatory minimum
imprisonment of Six (6) years.

SECTION 2. TRANSITORY PROVISION- Existing industries,
businesses aifd offices affected by the implementation of this Act shall be given
six (6) montHs transitory period from the effectivity of the IRR or such other

period as may be determined, to comply with the requirements of this Act.

SECTION 3. IMPLEMENTING RULES AND REGULATIONS. - The

departments and agencies charged with carrying out the provisions of this Act


shall, within] sixty (60) days after the effectivity of this Act, formulate the

necessary rules and regulations for its effective implementation.

accepted principles of international law and convention on electroni¢ commerce

shall likewisq be considered.

SECTION 5. VARIATION BY AGREEMENT. - As between parties
involved in generating, sending, receiving, storing or otherwise processing
electronic dafa message or electronic document, any provision of this Act may

be varied by 4greement between and among them.

SECTION 6. RECIPROCITY. - All benefits, privileges, advantages or
statutory ruls established under this Act, including those involving practice of
profession, sHall be enjoyed only by parties whose country origin grants the same

benefits and privileges or advantages to Filipino citizens.

SECTION 7. REPEALING CLAUSE. - All laws, decrees, executive
orders, rules fand regulations, or parts thereof inconsistent with the provisions

of this Act ard hereby repealed or modified accordingly.

SECTION 8. SEPARABILITY CLAUSE. - If, for any reason, any
section or prpvision of this Act is held unconstitutional or invalid, the other

sections or prpvisions hereof shall not be affected thereby.

SECTION 9. EFFECTIVITY CLAUSE. - This Act shall take effect
after fifteen (1|5) days from its publication in the Official Gazette or in at least two

(2) national ntwspapers of general circulation whichever comes earlier.

Approved,