REPUBLIC ACT NO.

 10175

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION,

CHAPTER I
Preliminary Provisions
SECTION 1. Title. — This Act shall be known as the "Cybercrime
Prevention Act of 2012". HaTAEc
SECTION 2. Declaration of Policy. — The State recognizes the vital role of
information and communications industries such as content production,
telecommunications, broadcasting, electronic commerce, and data processing,
in the nation's overall social and economic development. The State also
recognizes the importance of providing an environment conducive to the
development, acceleration, and rational application and exploitation of
information and communications technology (ICT) to attain free, easy, and
intelligible access to exchange and/or delivery of information; and the need to
protect and safeguard the integrity of computer, computer and
communications systems, networks, and databases, and the confidentiality,
integrity, and availability of information and data stored therein, from all forms
of misuse, abuse, and illegal access by making punishable under the law such
conduct or conducts. In this light, the State shall adopt sufficient powers to
effectively prevent and combat such offenses by facilitating their detection,
investigation, and prosecution at both the domestic and international levels,
and by providing arrangements for fast and reliable international cooperation.
SECTION 3. Definition of Terms. — For purposes of this Act, the following
terms are hereby defined as follows:
(a) Access refers to the instruction, communication with, storing data in,
retrieving data from, or otherwise making use of any resources of a
computer system or communication network.
(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 through ICT
media, including voice, video and other forms of data.
(d) Computer refers to an electronic, magnetic, optical, electrochemical,
or other data processing or communications device, or grouping of
such devices, capable of performing logical, arithmetic, routing, or
storage functions and which includes any storage facility or
equipment or communications facility or equipment directly related
to or operating in conjunction with such device. It covers any type
of computer device including devices with data processing
capabilities like mobile phones, smart phones, computer networks
and other devices connected to the internet.
(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 and includes electronic documents and/or
electronic data messages whether stored in local computer systems
or online. caTIDE
(f) Computer program refers to a set of instructions executed by the
computer to achieve intended results.
(g) Computer system refers to any device or group of interconnected or
related devices, one or more of which, pursuant to a program,
performs automated processing of data. It covers any type of device
with data processing capabilities including, but not limited to,
computers and mobile phones. The device consisting of hardware
and software may include input, output and storage components
which may stand alone or be connected in a network or other
similar devices. It also includes computer data storage devices or
media.
(h) Without right  refers to either: (i) conduct undertaken without or in
excess of authority; or (ii) conduct not covered by established legal
defenses, excuses, court orders, justifications, or relevant principles
under the law.
(i) Cyber refers to a computer or a computer network, the electronic
medium in which online communication takes place.
(j) Critical infrastructure refers to the computer systems, and/or
networks, whether physical or virtual, and/or the computer
programs, computer data and/or traffic data so vital to this country
that the incapacity or destruction of or interference with such
system and assets would have a debilitating impact on security,
national or economic security, national public health and safety, or
any combination of those matters.
(k) Cybersecurity refers to the collection of tools, policies, risk
management approaches, actions, training, best practices,
assurance and technologies that can be used to protect the cyber
environment and organization and user's assets.
(l) Database refers to a representation of information, knowledge, facts,
concepts, or instructions which are being prepared, processed or
stored or have been prepared, processed or stored in a formalized
manner and which are intended for use in a computer
system. TSacID
(m) Interception refers to listening to, recording, monitoring or
surveillance of the content of communications, including procuring
of the content of data, either directly, through access and use of a
computer system or indirectly, through the use of electronic
eavesdropping or tapping devices, at the same time that the
communication is occurring.
(n) Service provider  refers to:
(1) Any public or private entity that provides to users of its service
the ability to communicate by means of a computer system,
and
(2) Any other entity that processes or stores computer data on
behalf of such communication service or users of such service.
(o) Subscriber's information refers to any information contained in the
form of computer data or any other form that is held by a service
provider, relating to subscribers of its services other than traffic or
content data and by which identity can be established:
(1) The type of communication service used, the technical
provisions taken thereto and the period of service;
 (2) The subscriber's identity, postal or geographic address,
telephone and other access numbers, any assigned network
address, billing and payment information, available on the
basis of the service agreement or arrangement; and
(3) Any other available information on the site of the installation of
communication equipment, available on the basis of the
service agreement or arrangement. acADIT
(p) Traffic data or non-content data refers to any 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.
CHAPTER II
Punishable Acts
SECTION 4. Cybercrime Offenses. — The following acts constitute the
offense of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of
computer data and systems:
(1) Illegal Access. — The access to the whole or any part of a computer
system without right.
(2) Illegal Interception. — The interception made by technical means
without right of any non-public transmission of computer data to,
from, or within a computer system including electromagnetic
emissions from a computer system carrying such computer data.
(3) Data Interference. — The intentional or reckless alteration, damaging,
deletion or deterioration of computer data, electronic document, or
electronic data message, without right, including the introduction or
transmission of viruses.
(4) System Interference. — 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. aSTECA
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation,
distribution, or otherwise making available, without right, of:
(aa) A device, including a computer program, designed or
adapted primarily for the purpose of committing any of
the offenses under this Act; or
(bb) A computer password, access code, or similar data by
which the whole or any part of a computer system is
capable of being accessed with intent that it be used for
the purpose of committing any of the offenses under
this Act.
(ii) The possession of an item referred to in paragraphs 5 (i) (aa) or
(bb) above with intent to use said devices for the purpose of
committing any of the offenses under this section.
(6) Cyber-squatting. — The acquisition of a domain name over the
internet, in bad faith to profit, mislead, destroy reputation, and
deprive others from registering the same, if such a domain name 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;
(ii) Identical or in any way similar with the name of a person other
than the registrant, in case of a personal name; and
(iii) Acquired without right or with intellectual property interests in
it. TDCAIS
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data without
right resulting in inauthentic data with the intent that it be
considered or acted upon for legal purposes as if it were
authentic, regardless whether or not the data is directly
readable and intelligible; or
(ii) The act of knowingly using computer data which is the product
of computer-related forgery as defined herein, for the purpose
of perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. — The unauthorized input, alteration, or
deletion of computer data or program or interference in the
functioning of a computer system, causing damage thereby with
fraudulent intent:  Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. — The intentional acquisition, use,
misuse, transfer, possession, alteration or deletion of identifying
information belonging to another, whether natural or juridical,
without right: Provided, That if no damage has yet been caused,
the penalty imposable shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance, control, or
operation, directly or indirectly, of any lascivious exhibition of
sexual organs or sexual activity, with the aid of a computer system,
for favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined and
punishable by Republic Act No. 9775 or the Anti-Child
Pornography Act of 2009, committed through a computer
system: Provided, That the penalty to be imposed shall be (1) one
degree higher than that provided for in Republic Act No.
9775. aTcHIC
(3) Unsolicited Commercial Communications. — The transmission of
commercial electronic communication with the use of computer
system which seek to advertise, sell, or offer for sale products and
services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or
administrative announcements from the sender to its existing
users, subscribers or customers; or
(iii) The following conditions are present:
 (aa) The commercial electronic communication contains a
simple, valid, and reliable way for the recipient to reject
receipt of further commercial electronic messages (opt-
out) from the same source;
(bb) The commercial electronic communication does not
purposely disguise the source of the electronic message;
and
(cc) The commercial electronic communication does not
purposely include misleading information in any part of
the message in order to induce the recipients to read the
message.
(4) Libel. — The unlawful or prohibited acts of libel as defined in Article
355 of the Revised Penal Code, as amended, committed through a
computer system or any other similar means which may be devised
in the future.
SECTION 5. Other Offenses. — The following acts shall also constitute an
offense:
(a) Aiding or Abetting in the Commission of Cybercrime. — Any person
who willfully abets or aids in the commission of any of the offenses
enumerated in this Act shall be held liable. DECcAS
(b) Attempt in the Commission of Cybercrime. — Any person who willfully
attempts to commit any of the offenses enumerated in this Act shall
be held liable.
SECTION 6. All crimes defined and penalized by the Revised Penal Code,
as amended, and special laws, if committed by, through and with the use of
information and communications technologies shall be covered by the relevant
provisions of this Act: Provided, That the penalty to be imposed shall be one
(1) degree higher than that provided for by the Revised Penal Code, as
amended, and special laws, as the case may be.
SECTION 7. Liability Under Other Laws. — A prosecution under
this Act shall be without prejudice to any liability for violation of any provision
of the Revised Penal Code, as amended, or special laws.
CHAPTER III
Penalties
SECTION 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 punishable 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.
Any person found guilty of the punishable act under Section 4 (a) (5)
shall be punished with imprisonment of prision mayor or a fine of not more
than Five hundred thousand pesos (PhP500,000.00) or both.
If punishable acts in Section 4 (a) are committed against critical
infrastructure, the penalty of reclusion temporal  or a fine of at least Five
hundred thousand pesos (PhP500,000.00) up to maximum amount
commensurate to the damage incurred or both, shall be imposed. CaHcET
Any person found guilty of any of the punishable acts enumerated in
Section 4 (c) (1) of this Act shall be punished with imprisonment of prision
mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) but
not exceeding One million pesos (PhP1,000,000.00) or both.
 Any person found guilty of any of the punishable acts enumerated in
Section 4 (c) (2) of this Act shall be punished with the penalties as enumerated
in Republic Act No. 9775 or the "Anti-Child Pornography Act of
2009":  Provided,That the penalty to be imposed shall be one (1) degree higher
than that provided for in Republic Act No. 9775, if committed through a
computer system.
Any person found guilty of any of the punishable acts enumerated in
Section 4 (c) (3) shall be punished with imprisonment of arresto mayor or a
fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two
hundred fifty thousand pesos (PhP250,000.00) or both.
Any person found guilty of any of the punishable acts enumerated in
Section 5 shall be punished with imprisonment one (1) degree lower than that
of the prescribed penalty for the offense or a fine of at least One hundred
thousand pesos (PhP100,000.00) but not exceeding Five hundred thousand
pesos (PhP500,000.00) or both.
SECTION 9. Corporate Liability. — When any of the punishable acts
herein defined are knowingly committed on behalf of or for the benefit of a
juridical person, by a natural person acting either individually or as part of an
organ of the juridical person, who has a leading position within, based on: (a)
a power of representation of the juridical person provided the act committed
falls within the scope of such authority; (b) an authority to take decisions on
behalf of the juridical person:  Provided, That the act committed falls within the
scope of such authority; or (c) an authority to exercise control within the
juridical person, the juridical person shall be held liable for a fine equivalent to
at least double the fines imposable in Section 7 up to a maximum of Ten
million pesos (PhP10,000,000.00).
If the commission of any of the punishable acts herein defined was made
possible due to the lack of supervision or control by a natural person referred
to and described in the preceding paragraph, for the benefit of that juridical
person by a natural person acting under its authority, the juridical person shall
be held liable for a fine equivalent to at least double the fines imposable in
Section 7 up to a maximum of Five million pesos (PhP5,000,000.00). TcIAHS
The liability imposed on the juridical person shall be without prejudice to
the criminal liability of the natural person who has committed the offense.
CHAPTER IV
Enforcement and Implementation
SECTION 10. Law Enforcement Authorities. — The National Bureau of
Investigation (NBI) and the Philippine National Police (PNP) shall be
responsible for the efficient and effective law enforcement of the provisions of
this Act. The NBI and the PNP shall organize a cybercrime unit or center
manned by special investigators to exclusively handle cases involving
violations of this Act.
SECTION 11. Duties of Law Enforcement Authorities. — To ensure that
the technical nature of cybercrime and its prevention is given focus and
considering the procedures involved for international cooperation, law
enforcement authorities specifically the computer or technology crime divisions
or units responsible for the investigation of cybercrimes are required to submit
timely and regular reports including pre-operation, post-operation and
investigation results and such other documents as may be required to the
Department of Justice (DOJ) for review and monitoring.
SECTION 12. Real-Time Collection of Traffic Data. — Law enforcement
authorities, with due cause, shall be authorized to collect or record by technical
or electronic means traffic data in real-time associated with specified
communications transmitted by means of a computer system.
Traffic data refer only to the communication's origin, destination, route,
time, date, size, duration, or type of underlying service, but not content, nor
identities.
All other data to be collected or seized or disclosed will require a court
warrant.
Service providers are required to cooperate and assist law enforcement
authorities in the collection or recording of the above-stated
information. EHTISC
The court warrant required under this section shall only be issued or
granted upon written application and the examination under oath or
affirmation of the applicant and the witnesses he may produce and the
showing: (1) that there are reasonable grounds to believe that any of the
crimes enumerated hereinabove has been committed, or is being committed,
or is about to be committed; (2) that there are reasonable grounds to believe
that evidence that will be obtained is essential to the conviction of any person
for, or to the solution of, or to the prevention of, any such crimes; and (3) that
there are no other means readily available for obtaining such evidence.
SECTION 13. Preservation of Computer Data. — The integrity of traffic
data and subscriber information relating to communication services provided
by a service provider shall be preserved for a minimum period of six (6)
months from the date of the transaction. Content data shall be similarly
preserved for six (6) months from the date of receipt of the order from law
enforcement authorities requiring its preservation.
Law enforcement authorities may order a one-time extension for another
six (6) months: Provided, That once computer data preserved, transmitted or
stored by a service provider is used as evidence in a case, the mere furnishing
to such service provider of the transmittal document to the Office of the
Prosecutor shall be deemed a notification to preserve the computer data until
the termination of the case.
The service provider ordered to preserve computer data shall keep
confidential the order and its compliance.
SECTION 14. Disclosure of Computer Data. — Law enforcement
authorities, upon securing a court warrant, shall issue an order requiring any
person or service provider to disclose or submit subscriber's information, traffic
data or relevant data in his/its possession or control within seventy-two (72)
hours from receipt of the order in relation to a valid complaint officially
docketed and assigned for investigation and the disclosure is necessary and
relevant for the purpose of investigation.
SECTION 15. Search, Seizure and Examination of Computer Data. —
Where a search and seizure warrant is properly issued, the law enforcement
authorities shall likewise have the following powers and duties.
Within the time period specified in the warrant, to conduct interception,
as defined in this Act, and:
(a) To secure a computer system or a computer data storage
medium; cASEDC
(b) To make and retain a copy of those computer data secured;
(c) To maintain the integrity of the relevant stored computer data;
(d) To conduct forensic analysis or examination of the computer data
storage medium; and
 (e) To render inaccessible or remove those computer data in the
accessed computer or computer and communications network.
Pursuant thereof, the law enforcement authorities may order any person
who has knowledge about the functioning of the computer system 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, seizure and examination.
Law enforcement authorities may request for an extension of time to
complete the examination of the computer data storage medium and to make
a return thereon but in no case for a period longer than thirty (30) days from
date of approval by the court.
SECTION 16. Custody of Computer Data. — All computer data, including
content and traffic data, examined under a proper warrant shall, within forty-
eight (48) hours after the expiration of the period fixed therein, be deposited
with the court in a sealed package, and shall be accompanied by an affidavit of
the law enforcement authority executing it stating the dates and times covered
by the examination and the law enforcement authority who may access the
deposit, among other relevant data. The law enforcement authority shall also
certify that no duplicates or copies of the whole or any part thereof have been
made, or if made, that all such duplicates or copies are included in the package
deposited with the court. The package so deposited shall not be opened, or the
recordings replayed, or used in evidence, or their contents revealed, except
upon order of the court, which shall not be granted except upon motion, with
due notice and opportunity to be heard to the person or persons whose
conversation or communications have been recorded.
SECTION 17. Destruction of Computer Data. — Upon expiration of the
periods as provided in Sections 13 and 15, service providers and law
enforcement authorities, as the case may be, shall immediately and completely
destroy the computer data subject of a preservation and examination. CaDATc
SECTION 18. Exclusionary Rule. — Any evidence procured without a valid
warrant or beyond the authority of the same shall be inadmissible for any
proceeding before any court or tribunal.
SECTION 19. Restricting or Blocking Access to Computer Data. — When a
computer data is  prima facie found to be in violation of the provisions of
this Act, the DOJ shall issue an order to restrict or block access to such
computer data.
SECTION 20. Noncompliance. — Failure to comply with the provisions of
Chapter IV hereof specifically the orders from law enforcement authorities shall
be punished as a violation of Presidential Decree No. 1829 with imprisonment
of prision correccional in its maximum period or a fine of One hundred
thousand pesos (Php100,000.00) or both for each and every noncompliance
with an order issued by law enforcement authorities.
CHAPTER V
Jurisdiction
SECTION 21. Jurisdiction. — The Regional Trial Court shall have
jurisdiction over any violation of the provisions of this Act including any
violation committed by a Filipino national regardless of the place of
commission. Jurisdiction shall lie if any of the elements was committed within
the Philippines or committed with the use of any computer system wholly or
partly situated in the country, or when by such commission any damage is
caused to a natural or juridical person who, at the time the offense was
committed, was in the Philippines.
 There shall be designated special cybercrime courts manned by specially
trained judges to handle cybercrime cases.
CHAPTER VI
International Cooperation
SECTION 22. General Principles Relating to International Cooperation. —
All relevant international instruments on international cooperation in criminal
matters, arrangements agreed on the basis of uniform or reciprocal legislation,
and domestic laws, to the widest extent possible for the purposes of
investigations or proceedings concerning criminal offenses related to computer
systems and data, or for the collection of evidence in electronic form of a
criminal offense shall be given full force and effect.
CHAPTER VII
Competent Authorities
SECTION 23. Department of Justice (DOJ). — There is hereby created an
Office of Cybercrime within the DOJ designated as the central authority in all
matters related to international mutual assistance and extradition. TcSaHC
SECTION 24. Cybercrime Investigation and Coordinating Center. — There
is hereby created, within thirty (30) days from the effectivity of this Act, an
inter-agency body to be known as the Cybercrime Investigation and
Coordinating Center (CICC), under the administrative supervision of the Office
of the President, for policy coordination among concerned agencies and for the
formulation and enforcement of the national cybersecurity plan.
SECTION 25. Composition. — The CICC shall be headed by the Executive
Director of the Information and Communications Technology Office under the
Department of Science and Technology (ICTO-DOST) as Chairperson with the
Director of the NBI as Vice Chairperson; the Chief of the PNP; Head of the DOJ
Office of Cybercrime; and one (1) representative from the private sector and
academe, as members. The CICC shall be manned by a secretariat of selected
existing personnel and representatives from the different participating
agencies.
SECTION 26. Powers and Functions. — The CICC shall have the following
powers and functions:
(a) To formulate a national cybersecurity plan and extend immediate
assistance for the suppression of real-time commission of
cybercrime offenses through a computer emergency response team
(CERT);
(b) To coordinate the preparation of appropriate and effective measures
to prevent and suppress cybercrime activities as provided for in
this Act;
(c) To monitor cybercrime cases being handled by participating law
enforcement and prosecution agencies; DCISAE
(d) To facilitate international cooperation on intelligence, investigations,
training and capacity building related to cybercrime prevention,
suppression and prosecution;
(e) To coordinate the support and participation of the business sector,
local government units and nongovernment organizations in
cybercrime prevention programs and other related projects;
(f) To recommend the enactment of appropriate laws, issuances,
measures and policies;
 (g) To call upon any government agency to render assistance in the
accomplishment of the CICC's mandated tasks and functions; and
(h) To perform all other matters related to cybercrime prevention and
suppression, including capacity building and such other functions
and duties as may be necessary for the proper implementation of
this Act.

CHAPTER VIII
Final Provisions
SECTION 27. Appropriations. — The amount of Fifty million pesos
(PhP50,000,000.00) shall be appropriated annually for the implementation of
this Act.
SECTION 28. Implementing Rules and Regulations. — The ICTO-DOST,
the DOJ and the Department of the Interior and Local Government (DILG) shall
jointly formulate the necessary rules and regulations within ninety (90) days
from approval of this Act, for its effective implementation.
SECTION 29. Separability Clause. — If any provision of this Act is held
invalid, the other provisions not affected shall remain in full force and effect.
SECTION 30. Repealing Clause. — All laws, decrees or rules inconsistent
with this Act are hereby repealed or modified accordingly. Section 33 (a)
of Republic Act No. 8792 or the "Electronic Commerce Act" is hereby modified
accordingly. HDITCS
SECTION 31. Effectivity. — This Act shall take effect fifteen (15) days
after the completion of its publication in the Official Gazette or in at least two
(2) newspapers of general circulation.
Approved: September 12, 2012.