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FIFTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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..lUI. -1 
1\9 :24 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
Information and Communications Tecimologies (lCTs) have revolutionized our lifestyle" 
Computers have evolved into a versatile instrument in modern society. Computer networks have 
become essential in maintaining and operating vital infrastructures. The I CT has opened up an 
endless spectrum of possibilities both in terms of communication and commerce. It has enabled 
linkages among individuals and organizations in doing business" 
ICT enhances and promotes efficiency in facilitating the exchange and delivery of information. 
The introduction of computers and computer networks facilitated faster and better data storage, 
infurmation exchange and communications. Computers also helped improve banking, 
telecommunications, engineering and data handling" 
It is sad to note however, that despite the advances that we were able to achieve in the field of 
Information and Communications Tecimology, new breed of deviants, new forms of criminals 
and criminal activities arose such as unauthorized acquisition of vital and/or confidential 
information by third parties seeking to profit or benefit from the utilization of such information" 
With the development of new forms of crimes, cybercrime legislation must be an immediate 
concern 0 f Congress" It is clear however, that even with existing Philippine laws, there still exist 
a need to provide a comprehensive policy framework that would set regulations on cybercrimes. 
There is a need for the Philippines to have a law that will define cybercrimes, identifY punishable 
acts involving computers with corresponding penalties, determine legal procedures for the 
investigation and prosecution of cybercrimes, clarifY jurisdictions, provide for a clause on mutual 
assistance and cooperation, and identifY a local body that shall be responsible for providing a 
2417 assistance to foreign entities in the resolution of cybercrime cases. 
It is hoped that thru the passage of this bill, cybercriminals will be discouraged from indulging 
into illegal acts. Moreover, the passage of this bill will send a clear signal to the International 
community that our country is serious in combating, and does not tolerate, cyber crimes. 
In view of the foregoing, immediate passage of this bill is earnestly sought. 
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" 
FIFTEENTH CONGRESS OF THE 
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Off;lf: C}: '{ h,' 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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HI 
JUL -1 1\9 :24 
SENATE 
S.NO. 14·. 
{b" . 
~WtED 8V: .__.' 
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Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
DEFINING CYBERCRIME, PROVIDING FOR PREVENTION, SUPPRESSION AND 
IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled. 
CHAPTER I - PRELIMINARY PROVISIONS 
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SECTION 1. Title. - This Act shall be known as the "Cybercrime Prevention Act of 
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2010". 
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SEC. 2. Declaration of Policy. - The State recognizes the vital role of information and 
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content industries, such as teleconnnunications, broadcasting, electronic connnerce, and data 
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processing, in the nation's overall social and economic development. The State also recognizes 
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the importance of providing an environment conducive to the development, acceleration, and 
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rational application and exploitation of information and connnunications technology to attain 
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free, easy, and intelligible access to exchange and/ or delivery of information; and the need to 
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protect and safeguard the integrity 0 f computer, computer and connnunication systems, 
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networks, and database, and the confidentiality, integrity, and availability of information and 
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data stored therein, from all forms of misuse, abuse, and illegal access by making punishable 
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under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to 
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effectively prevent and combat such offenses by facilitating their detection, investigation, and 
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prosecution at both the domestic and international levels and by providing arrangements for fast 
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and reliable international cooperation. 
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SEC. 3. Definition of Terms. - For purposes of this Act, the following terms are hereby 
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defined as follows: 
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a) Access - refers to the instruction, connnunication with, storing data in, retrieving data 
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from, or otherwise making use of any resources of a computer, computer and 
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communications network, or database; 
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b) Alteration - refers to the modification or change, in form or substance, of an existing 
computer data or program; 
c) Communication - refers to the transmission of information, including voice and non-
voice data; 
d) Computer -
refers to any device or apparatus which by electronic, electro-
mechanica~ 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 expression according to mathematical and logical rules of 
performing anyone or more of those functions, including its associated devices and 
peripherals; 
e) Computer Data - refers to any representation of facts, information, or concepts in a' 
form suitable for processing in a computer system, including a program suitable to cause 
a computer system to perform a function; 
f) Computers and Communications Network or Networks - refers to: 
i. 
a group of computers, associated devices, and/ or its peripherals that are 
connected either permanently or temporarily, wired or wireless, by transmission 
and/ or communications facilities which facilitate and/ or provide the means of 
sending, communicating, processing and/ or transmitting voice and/ or non-voice 
data and/ or information electronically; or 
ii. a group of interconnected or related devices, including, but not limited to, a 
group of interconnected computers, private exchange branch (PBX) wired or 
wireless, telecommunications switching equipment, one or more of which, pursuant 
to a program, perform automatic processing of data; 
g) Computer Program - refers to a set of instructions executed by the computer to 
achieve intended results; 
h) Conduct Without Right - refers to either: (I) conduct undertaken without or in excess 
of authority; or (2) conduct not covered by established legal defenses, excuses, court 
orders, justifications, or relevant principles under the law; 
i) Cybercrime - refers to any 0 ffense that can be committed by using a computer or 
communications system or network in a computer or communications system or network 
against a computer or communications system or network; 
j) Cybersex or Virtual Sex - refers to any form of sexual activity or arousal with the aid 
of computers or communications network; 
k) Damage - in the general sense, refers to damage or injury as defined under the 
applicable laws, including but not limited to the relevant provision of the Civil Code of 
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the Philippines. In the limited sense, it means any impairment to the integrity or 
availability of a computer data, program, system information, or network; 
With respect to computer data or programs as used in this Act, the words "damaging" 
and "deteriorating" are synonymous; 
1) Database - refers to a representation of information, knowledge, facts, concepts, or 
instructions which are being prepared or processed or have been prepared or processed in 
a formalized manner and which are intended for use in a computer, computer and 
communications network, computer server, or database; 
m) Deletion - refers to the destruction or impairment of information or data contained in 
a computer or computer and communications network by making them unrecognizable or 
by totally or partially obliterating the information or data from the computer or computer 
network; 
n) Distribution - refers to the active dissemination of data, information or material using 
the computer andl or communications computer network; 
0) Electronic Data Message - refers to information generated, sent, received, or stored 
by electronic, optical, or similar means; 
p) Electronic Document - refers to the information or the representation of information, 
data, figures, symbols, or other modes or written expression, described or however, 
represented, by which a right is established or an obligation extinguished, or by which a 
fact may be proved and affIrmed, which is received, recorded, transmitted, stored, 
processed, retrieved, or produced in and through computer andl or computer and 
communications networks; 
q) Interception - refers to listening to, recording, monitoring or surveillance of the 
content of communications, including producing of the content of data, either directly, 
through access and use of the computer or computer and communications network or 
indirectly, through the use 0 f electronic eavesdropping or tapping devices, at the same 
time that the communication is occurring; 
r) Making available - refers to the placing of online devices, including but not limited 
to, the creation or compilation of hyperlinks in order to facilitate access to such devices, 
for the use of others; 
s) Minor - refers to a person below eighteen (18) years of age or those beyond eighteen 
(18) years of age but whose mental capacity is that of a person below eighteen (18) years 
of age; 
t) Non-Public Transmission - refers to the transmission of information or computer data 
between computer or computer and communications networks that are not configured for 
public access; 
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u) Procuring Data or Material- refers to the act of actively obtaining data, information 
or material by downloading the same from a computer or computer and communications 
network; 
v) Protected Computerls - refers to any computer exclusively for the use of a fmancial 
institution or the government, or in the case of a computer not exclusively for use, used 
by or for a financial institution or the government, and the conduct instituting the 
offenses affects that use by or for the financial institution or the government; 
w) Protected Works - refer to works, including but not limited to computer programs, 
systems, and design, protected under Philippine laws; 
x) Service Provider - refers to the provider of: 
i. 
telecommunications and online services or network access, or the operator of 
communications and network facilities, therefore, including entities offering the 
transmission, routing, or providing of connections for online communications, 
digital or otherwise, between or among point specified by a user, of electronic 
documents ofthe user's choosing; or 
ii. any other entity that processes or stores information on behalf of such 
communication service or users of such service; 
y) Subscriber's Information - refers to any information contained in the form of 
computer data or any other form that is held by a service provider, relating to the 
subscribers of its services other than traffic or content data and by which can be 
established: 
i. 
the type of communication service used, the technical provisions taken thereto 
and the period of service. 
ii. the subscriber's identity, postal or geographic address, telephone and other 
access number, any assigned network address, billing and payment information, 
available on the basis of the service agreement or arrangement; 
z) Suppression of Computer Data - refers to any action that prevents or terminates the 
availability of the data to the person who has access to the computer or computer and 
communications network on which it was stored; 
aa) By Technical Means - refers to the use of technical devices which are fixed to 
transmission lines, as well as devices such as software, passwords, and codes to collect 
and/ or record wireless communications or those communications passing through, or 
generated by computer or computer and communications networks; 
bb) Traffic Data or Non-Content Data - refers to any other computer data other than the 
content of the communication, including but not limited to the communication's 
origin, destination, route, time, date, size, duration, or type of underlying service. 
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CHAPTER II - PUNISHABLE ACTS 
SEC. 4. - The following acts constitute the offense of cybercrime punishable under this 
Computer Crime - any act committed by means of electronic operations that targets the 
security of computer or communications systems or network and the data processed by 
them such as but not limited to: 
1. Illegal Access - The access to the whole or any part of a computer or communications 
system or computer or communications network without right. 
2. Illegal Interception - The interception made by technical means without right of any 
non-public transmission of computer or communication data to, from, or within a 
computer or communication network, including electromagnetic emissions from a 
computer or communication network carrying such computer data: Provided, 
however, That it shall not be unlawful for an officer, employee, or agent of a service 
provider, whose facilities are used in the transmission of communications, to 
intercept, disclose, or use that communication in the normal course of his 
employment while engaged in any activity that is necessary to the rendition of his 
service or to the protection of the rights or property of the service provider, except 
that the latter shall not utilize service observing or random monitoring except for 
mechanical or service control quality checks: Provided, further, That it shall not be 
unlawful for a person to intercept or record a communication where there is no 
reasonable expectation of privacy. 
3. Misuse of Devices -
a 
The use, production, sale, procurement, importation, distribution, or otherwise 
making available, without right, of: (1) a device, including a computer program, 
designed or adapted primarily for the purpose of committing any ofthe offenses 
under Section 4.1 to .4 hereof; or (2) a computer password, access code, or 
similar data by which the whole or any part of a computer or computer network 
is capable ofbeing accessed; 
b. The possession of an item referred to in paragraphs (a) (1) or (2) above with 
intent to use said devices for the purpose of committing any of the offenses 
under Section 4.1 to 4.4 hereof Provided, That no criminal liability shall attach 
when the use, production, sale, procurement, importation, distribution, or 
otherwise making available, or possession of computer devices! data referred to 
in paragraph 3(a) herein is for: (1) the authorized testing of a computer, 
computer network, or computer program; or (2) purely academic purposes: 
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Provided, however, That in any event, before such devices are used on a 
computer or computer network, the prior consent of the owner of the computer 
or computer network is obtained. 
4. 
Unsolicited Commercial Communications - The transmission of electronic messages 
with the use of computers, computer networks, or other communication devices 
which seek to advertise, sel~ or offer for sale products and services are prohibited 
unless: 
a. There is prior affirmative consent from the recipient; or 
b. The following conditions are present: 
i. 
The commercial electronic communication contains a simple, valid, and 
reliable way for the recipient to reject receipt of further commercial 
electronic messages (also known as "opt-out") from the same source; 
ii. The commercial electronic communication does not purposely disguise the 
source ofthe electronic message; and 
iii. The commercial electronic communication does not purposely include 
misleading information in any part of the message in order to induce the 
recipients to read message. 
B. Computer Sabotage - the input, alteration, erasure or suppression of computer or 
communication data or computer or communication programs, or interference with 
computer and communication system or network, with the intent to hinder the 
functioning 0 f a computer or communication system or network such as but not limited 
to: 
1. Data Interference - the intentional or reckless damaging, deletion, deterioration, 
alteration or suppression 0 f computer data, electronic document, or electronic data 
message, without right, including the introduction or transmission of viruses. 
2. System Interference - the 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, including the introduction or 
transmission 0 f viruses. 
3. Computer Fraud - the intentional and unauthorized input, alteration, erasure or 
suppression of computer data or program, electronic document, or electronic data 
message, or interference in the functioning of a computer or computer network, 
causing damage thereby, with the intent of procuring an economic benefit for oneself 
or for another person or for the perpetuation of a fraudulent or dishonest activity. 
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4. Computer Forgery - the input, alteration, erasure, or suppression of any computer or 
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communication data, computer or communication program, electronic document, or 
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electronic data message, or interference with the computer and communication 
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system or network, in a manner or under such conditions that would constitute the 
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offense of forgery under Act No. 3815 as amended, otherwise known as the Revised 
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Penal Code or special laws; the act of knowingly using a computer and 
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communication data which are the products of computer or communication forgery as 
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defined herein, for the purpose of perpetuating a fraudulent or dishonest design. 
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C. Computer Facilitated Crime - an act where the computer or communication system or 
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network is used as a tool or instrument or is illegally accessed to facilitate the 
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commission of crimes and offenses, to include, but not limited to the following: 
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1. Offenses Related to Cybersex - Without prejudice to the prosecution under Republic 
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Act No. 9208, otherwise known as the Anti-Trafficking Act and Republic Act No. 
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7610, otherwise known as the Child Protection Act, any person who in any manner 
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advertises, promotes, or facilitates the commission of cybersex through the use of 
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information and communications technology such as but not limited to computers, 
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computer networks, television, satellite, mobile telephone, or any person committing 
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any of the following acts is liable under this Act: 
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a. Producing child pornography for the purpose of distribution through a computer 
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or computer network; 
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b. Offering or making available child pornography through a computer or computer 
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network; or 
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c. Distribution or transmitting child pornography through a computer or computer 
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network; 
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d. Possessing child pornography materials in the computer/ communications system 
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or network or on a computer data storage medium; 
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e. Prostitution or solicitation of any form of cybersex for any favor or monetary 
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consideration; 
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£ Operation of internet cafe or any type of establishment which engages in any form 
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of cybersex for any favor or monetary consideration; and 
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g. Promotion and advertisement of any form of cybersex. 
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For purposes ofthis Section, the term "child pornography" shall include pornographic 
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material that visually depicts: (a) a minor engaged in sexually explicit conduct; or (b) a person 
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appearing to be a minor engaged in sexually explicit conduct. The term "prostitution" shall refer 
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to any act, transaction, scheme or design involving the use of a person by anoter, for sexual 
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intercourse Of lascivious conduct in exchange for money, profit or any other consideration. 
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2. Violations of the Revised Penal Code. the Intellectual Property Code. the Consumer 
Act and Other Relevant Laws - Violations of Act No. 3815, as amended, otherwise 
known as the Revised Penal Code, Republic Act No. 8293 otherwise known as the 
Intellectual Property Code, Republic Act No. 7394 otherwise known as the Consumer 
Act, Republic Act No. 9208 otherwise known as the Anti Trafficking Act, Republic 
Act No. 4200 otherwise known as the Anti Wiretapping Act and other relevant and 
pertinent laws through the use of, aided by, involving computers or computer and 
communications network or through transactions covered by or using electronic 
documents or electronic data messages shall likewise be punishable and prosecuted 
under those laws with the appropriate maximum penalties. 
CHAPTER III - PENALTIES 
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SEC. 5. Penalties. - Any person found guilty of any ofthe punishable acts enumerated in 
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Section 4A (1), (2), and (3) and 4B (1) up to (4) of this Act shall be punished with a fme of at 
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least One Hundred Thousand Pesos (PhP 100,000.00) up to a maximum amount commensurate 
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to the damage incurred and a mandatory imprisonment ofprision mayor. 
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Any person found guilty of any of the punishable acts enumerated in paragraph A (4) in 
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Section 4 ofthis Act shall be punished with imprisonment of prision correccional or a fme of at 
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least one hundred thousand pesos (PhP 100,000.00) but not exceeding six hundred thousand 
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pesos (PhP 600,000.00) or both fine and imprisonment. 
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Any person found guilty of any ofthe punishable acts enumerated in paragraphs C(I) and 
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C(2) in Section 4 of this Act shall be punished with a fine of at least Two Hundred Thousand 
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Pesos (PhP 200,000.00) but not exceeding Eight Hundred Thousand Pesos (PhP 800,000.00) and 
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a mandatory imprisonment of prision mayor: Provided, That the maximum penalty shall be 
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imposed for offenses-
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a) whereby information that has been determined by the Philippine government pursuant 
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to law, executive order, or other issuance to be confidential is communicated, 
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delivered or transmitted to any person not authorized to receive it; and 
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b) whereby the offender accesses without authorization any non-public computer of a 
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department or agency ofthe Philippines. 
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In case the 0 ffender does not own or possess enough property to satisfY the 
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abovementioned fme, he shall be SUbjected to a subsidiary penalty of imprisonment in 
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accordance with the rules set forth in Article 39 of Act No. 3185, as amended, otherwise known 
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as the Revised Penal Code. 
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SEC. 6. Corporate Liability. - When any of the punishable acts herein defmed is 
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knowingly committed in behalf and for the benefit of a juridical person, the penalties herein 
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provided shall be imposed upon the juridical person's President, Secretary, members 0 f the 
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Board of Directors, or any of its officers and employees who have directly participated in, 
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including those who knowingly authorized, the commission of the said act or acts. 
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Where the commission of any of the punishable acts herein defmed by the juridical 
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person's employees or agents, acting within the scope oftheir authority, was made possible due 
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to the lack of supervision and control of the juridical person, which resulted in benefits for the 
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said entity, the officers and members of the Board of Directors above-mentioned are likewise 
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liable. 
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SEC. 7. Conspiracy to Commit Cybercrime. - When two (2) or more persons come to an 
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agreement and decide to commit any of the punishable acts defined in this Act, and one or more 
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of such persons does any act to effect the object of the conspiracy, each of the conspirators shall 
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be punished as if all 0 f the conspirators have done the act themselves. 
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SEC. 8. Aiding or Abetting in the Commission of Cybercrime. - Any person who 
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willfully abet or aid in the commission of any of the offenses enumerated in Chapter II hereof 
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shall be held liable under this Act. 
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CHAPTER IV-COMPUTER EMERGENCY RESPONSE COUNCIL 
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SEC. 9. Computer Emergency Response Council. - There is hereby created, thirty (30) 
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days from the effectivity of this Act, a Computer Emergency Response Council, hereinafter 
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referred to as CERC, under the control and supervision of the Office of the President principally 
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to formulate and implement a national plan of action to address and combat cyber-crime. 
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SEC. 10. Composition. -
The CERC shall be headed by the Chairman of the 
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Commission on Information and Communications Technology (CICT) as Chairman; the Director 
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of the National Bureau ofInvestigation (NBI) as Vice-Chairman and the following as members: 
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Director-General of the Philippine National Police (PNP), the Chief of the National Prosecution 
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Service (NPS), the Head of the National Computer Center (NCC), the head of the Philippine 
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Center for Transnational Crime (PCTC), the head of the Anti-fraud and Computer Crimes 
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Division (AFCCD) of the NBI and the head of the Criminal Investigation and Detection Group 
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(CIDG) of the PNP and three (3) representatives from the private sector involved in information 
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security to be appointed by the President ofthe Philippines. 
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SEC. 11. CERC Secretariat. -
The CERC shall be manned by a Secretariat, the 
personnel of which shall come from the CICT and selected personnel and representatives who 
shall be detailed from the participating agencies. An Executive Director shall be appointed by the 
Chairman of the CICT to head the secretariat. 
SEC. 12. Powers and Functions. - The CERC shall have the following powers and 
functions: 
a) 
To prepare and implement appropriate and effective measures to prevent and suppress 
computer fraud, abuses and other cyber-related fraudulent activities as provided in this 
Act; 
b) 
To monitor the investigation of cybercrime cases being handled by participating law 
enforcement and prosecution agencies 
initiate international cooperation on 
intelligence, investigations, training and capacity building relative to cybercrime 
prevention, suppression, and prosecution; 
c) 
To recommend the attendance of qualified personnel in trainings, conferences and 
other fora on information security and cybercrime prevention, investigation and 
suppressIOn; 
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To coordinate the support and participation of the business sector, local government 
units, and non-governmental organizations in cybercrime prevention programs and 
other related projects; 
e) 
To recommend the enactment of appropriate laws, issuances, measures and policies; 
f) 
To call upon any government agency to render assistance in the accomplishment of the 
CERC's mandated tasks and functions; and 
g) 
To perform such other functions and duties necessary for the proper implementation of 
this Act. 
CHAPTER V- ENFORCEMENT AND IMPLEMENTATION 
SEC. 13. Collection of Computer Data. - To effectively implement and enforce the 
provisions of this Act, the National Bureau of Investigation (NBI) and the CIDG of the 
Philippine National Police (PNP), subject to existing laws and procedures, shall require a person 
or service provider: 
a) 
To submit specified computer data and other relevant data in his/ its possession and 
control, which is stored in a computer, computer and communications network, or a 
computer-data storage medium; 
b) 
To submit subscriber information in his/ its possession or control; 
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c) 
Within his/ its existing technical capability, to collect or record through the application 
of technical means or to cooperate and assist the proper law enforcement officers or 
agencies in the collection or recording of traffic data and interception of specified 
communications transmitted within or passing through the territorial jurisdiction of the 
Philippines by means ofa computer and communications network; and 
d) 
To require the expeditious production or disclosure of traffic data to identifY the 
service providers and the path through which the communication was transmitted. 
SEC. 14. Search and Seizure of Computer Data. - Where a search and seizure warrant 
is properly issued, the NBI and the PNP shall likewise have the following powers and duties: 
a) Within the time period specified in the warrant, to conduct interception, as defined in this 
Act, content of communications, procure the content of data either directly, through 
access and use of the computer or computer and communications network, or indirectly, 
through the use of electronic eavesdropping or tapping devices, in real time or at the same 
time that the communication is occurring; 
b) To secure a computer or computer and communications network or parts of it or a 
computer-data storage medium; 
c) To make and retain a copy of those computer data secured; 
d) To maintain the integrity of the relevant stored computer data; and 
e) To render inaccessible, or remove those computer data in the accessed computer or 
computer and communications network. 
Pursuant thereof, the NBI and CIDG ofthe PNP may order any person who has knowledge about 
the functioning of the computer or computer and communications network and the measures to 
protect and preserve the computer data therein to provide, as is reasonable, the necessary 
information, to enable the undertaking of the search and seizure measure referred to in paragraph 
(c) of Section 17 hereof 
SEC. 15. Preservation and Disclosure of Computer Data and Traffic Record. - The 
integrity of traffic data and subscriber information relating to communication services provided 
by a service provider shall be preserved up to a minimum period of six (6) months from the date 
of the transaction. Said period may be extended by order of the NBI or PNP upon a reasonable 
belief that the computer data may have been used for in connection with, or the traffic record 
may contain information as regards any violation ofthis Act. 
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CHAPTER VI - JURISDICTION 
SEC. 16. Jurisdiction. - The Regional Trial Court shall have jurisdiction over any 
violation of the provisions ofthis Act committed within the territory of the Philippines or by any 
of its nationals regardless of the place of commission. In case any of the offenses herein defmed 
is committed outside the territorial limits of the Philippines, and by such commission any 
damage is caused to a computer or computer and communications network situated in the 
Philippines, or to a natural or juridical person who, at the time the offense was committed, is in 
the Philippines, the proper Regional Trial Court in the Philippines shall have jurisdiction. 
CHAPTER VII - INTERNATIONAL COOPERATION 
SEC. 17. Mutual Assistance and Cooperation. - The Government of the Philippines 
shall cooperate with, and render assistance to other nations for purposes of detection, 
investigation, and prosecution of offenses referred to in Sections 7 and 22 of this Act and in the 
collection of evidence in electronic form in relation thereto. 
The requesting nation must maintain the confidentiality of the fact or the subject of 
request for assistance and cooperation. It may only use the requested information subject to the 
conditions specified in the grant. 
SEC. 18. Grounds for Refusal to Cooperate. - The Government of the Philippines shall 
have the right to refuse cooperation under any of the following grounds: 
a) The offense is punishable under Philippine laws and the Philippine courts have acquired 
jurisdiction over the person of the accused; 
b) The information requested is privileged, protected under Philippine laws, or that which 
affects national security; 
c) If; for any reason, the production ofthe information is unreasonable; 
d) The foreign government requesting for assistance has previously refused without 
justifiable reason, a similar request by the Government of the Philippines; and 
e) The foreign government requesting for assistance has previously breached an agreement 
to keep the fact or subject of request confidential, or has previously violated any 
condition ofthe grant. 
SEC. 19. Cooperation Based on Reciprocity. - In the absence of a treaty or agreement, 
mutual assistance and cooperation under the preceding sections under this Chapter shall be based 
on the principle of reciprocity. 
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SEC. 20. Communications Center. - The National Computer Center (NCC) shall be 
responsible for sending and answering requests for mutual assistance as well as the execution of 
such requests or their transmission to the proper authorities for implementation and enforcement. 
CHAPTER VIII - OTHER PROVISIONS 
SEC. 21. Liability Under the Revised Penal Code and Other Laws. - A prosecution 
under this Act shall be without prejudice to any liability for violation of any provision of Act 
3185, as amended, otherwise known as the Revised Penal Code or any other law. 
SEC. 22. Other Remedies. - Any person who suffers damage or loss by reason of a 
violation ofthis Act may maintain a separate and independent civil action against the violator to 
obtain compensatory damages, injunctive and/ or other equitable relief 
CHAPTER IX - FINAL PROVISIONS 
SEC. 23. Appropriations. - The amount of necessary for the implementation of this Act 
shall be charged against the appropriations of the CICT, NBI, PNP and the NCe. 
SEC. 24. Implementing Rules and Regulations. - The Department of Justice and the 
Department of Interior and Local Government shall jointly formulate the necessary rules and 
regulations for the effective implementation of this Act. 
SEC. 25. Public Information Campaign. - The Office of the President, National 
Computer Center, Department of Education, Department of Justice, Department of Trade and 
Industry, Department of Transportation and Communications, and the National Computer Center 
shall, in coordination with the Philippine Information Agency, undertake a public information 
campaign to educate the general public on the salient provisions and implication of this Act. 
SEC. 26. Suppletory Application. - This Act shall have suppletory application to the 
provisions of the Revised Penal Code, RA 7610 and RA 9208 or the Anti-Trafficking in Persons 
Act. 
SEC. 27. Separability Clause. - If any provision of this Act is held invalid, the other 
provisions not affected shall remain in full force and effect. 
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SEC. 28. Repealing Clause. - All laws, decrees, or rules inconsistent with this Act are 
hereby repealed or modified accordingly, Specifically, Section 33 of Republic Act No, 8792 or 
the Electronic Commerce Act is hereby modified accordingly, 
SEC. 29. Effectivity. - This Act shall take effect fifteen (15) days after the completion of 
its publication in the Official Gazette Of in at least two (2) newspapers of general circulation, 
Approved, 
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