PASSI CITY COLLEGE

City of Passi, Iloilo

SCHOOL OF CRIMINAL JUSTICE

(CDI 9) Intro to Cyber Crime & Environmental Laws and Protection

Module Number: 3

Introduction to
Cyber Crime

Our topic for this meeting will revolve around the Cybercrime law in the Philippines,
a law that provides rules of conduct and standards of behavior for the use of the Internet,
computers, and related digital technologies, and the actions of the public, government, and
private organizations; rules of evidence and criminal procedure, and other criminal justice
matters in cyberspace.

Lesson Objectives:

At the end of this module, you will be able to:

1. list and explain the cybercrime offenses

2. describe the duties of law enforcement agencies
Indicative Content:

 Republic Act No. 10175

 Cybercrime Prevention Act of 2012″.
 Cybercrime Offenses
 Penalties and Jurisdiction

Discussion

Republic Act No. 10175

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An Act Defining Cybercrime, Providing For The Prevention, Investigation, Suppression And
The Imposition Of Penalties Therefor And For Other Purposes

Section 1. Title. — This Act shall be known as the "Cybercrime Prevention Act of
2012″.

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.

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 (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.

(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

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 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.

(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
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 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.

(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
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 suppressing computer data or program, electronic document, or electronic
data message, without right or authority, including the introduction or
transmission of viruses.

(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.

(b) Computer-related Offenses:

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 (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

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 be imposed shall be (1) one degree higher than that provided for in Republic
Act No. 9775.1âwphi1

(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:

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 (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.

(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 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.

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.

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

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thousand pesos (PhP200,000.00) but not exceeding One million pesos (PhPl,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 (PhPl00,000.00) 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).

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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.

Activity No. 1

Test I. Identification (1 point each)

_______________1.R.A. 10175 shall be known as the

_______________2. 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.

_______________3.The intentional acquisition, use, misuse, transfer, possession,

alteration or deletion of identifying information belonging to another, whether natural or
juridical, without right

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_______________4.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

_______________5.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.
_______________6. The use, production, sale, procurement, importation, distribution,
or otherwise making available, without right, A device, including a computer program,
designed or adapted primarily for the purpose of committing any of the offenses under this
Act;

_______________7. The use, production, sale, procurement, importation, distribution,

or otherwise making available, without right, 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.

_______________8.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.

_______________9. 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.

_______________10. refers to a set of instructions executed by the computer to achieve

intended

Activity No. 2

Test II. Essay

Directions: Explain the following statement. (5 points) (rubrics: see attached sheet)

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 1. What is the importance of RA 10175?
2. What crimes were punishable under RA 10175?

Rubrics for Short Essay Questions

Criteria 5 %

Criteria Unsatisfactory Needs Satisfactory Outstanding

0 pts Improvement 3 pts 5 pts
2 pts

Focus/ Main The essay poorly The essay is The essay is The essay is
Point addresses topic focused on topic focused on the focused,
and includes and includes topic and purposeful, and
irrelevant ideas few loosely includes reflects clear
related ideas relevant ideas insight and
ideas

Originality No Very little Sufficient Distinctive

(Expression experimentation experimentation experimentation experimentation
of the theme nor to enhance with language with language
in a creative enhancement of concepts and usage to and usage to
way) concepts enhance enhance
concepts concepts

Organization Organization Structure of the Structure is

& Structure and structure paper is not mostly clear and -Structure of the
detract from the easy to follow. easy to follow. paper is clear
message. - Transitions - Transitions are and easy to
- Writing is need present. follow.
disjointed and improvement. - Conclusion is - Transitions are
lacks transition - Conclusion is logical. logical and
of thoughts. missing, or if maintain the
provided, does flow of thought
not flow from throughout the
the body of the paper.
paper. - Conclusion is
logical and
flows from the
body of the
paper.

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