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UNIVERSITY OF CAGAYAN VALLEY

(Formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS
COLLEGE OF CRIMINAL JUSTICE EDUCATION

INTRODUCTION TO CYBERCRIME AND ENVIRONMENTAL LAWS AND PROTECTION

Name of student: ______________________________ Year/Block:___________

Subject: CDI 109- Introduction to Cybercrime and Environmental Laws and Protection
Instructor: ___________________________________

CHAPTER I. PRELIM

LESSON 1. PUNISHABLE ACTS OF RA 10173

Introduction

In today's hyper-connected digital age, our personal information is constantly being collected, processed, and
shared. From social media platforms to online shopping sites, our digital footprint expands with every click.
While technology offers unprecedented convenience and connectivity, it also raises significant concerns about
the security and privacy of our personal data.

This lesson aims to equip you with a comprehensive understanding of RA 10173, also known as the Data
Privacy Act of 2012. This landmark legislation establishes a framework for protecting the fundamental human
right to privacy while ensuring the free flow of information to promote innovation and growth. We will delve
into the key provisions of the law, explore the concept of personal data and sensitive personal information, and
examine common examples of data privacy violations. By the end of this lesson, you will have a solid grasp of
your rights and responsibilities under the Data Privacy Act, empowering you to navigate the digital landscape
with confidence and protect your personal information from unauthorized access and misuse.

Key questions we will address:

 What is RA 10173 and why was it enacted?

 What constitutes personal data and sensitive personal information?
 What are some common examples of data privacy violations?
 How can we safeguard our personal information in the digital age?
By exploring these questions and more, this lesson will provide you with the knowledge and tools necessary to
become a responsible steward of your personal data and contribute to a culture of privacy and data protection.
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Punishable Act Penalty

Section 25. Unauthorized Processing of Personal Information and Sensitive Personal Information

Description: (a) Processing personal information without Imprisonment ranging from three (3) years to
the data subject's consent, or without being authorized six (6) years and a fine of not less than Five
under this Act or any existing law. hundred thousand pesos (Php500,000.00) but
not more than Four million pesos
(Php4,000,000.00)

Description: (b) Processing sensitive personal Imprisonment ranging from three (3) years to
information without the data subject's consent, or six (6) years and a fine of not less than Five
without being authorized under this Act or any existing hundred thousand pesos (Php500,000.00) but
law. not more than Four million pesos
(Php4,000,000.00)

Section 26. Accessing Personal Information and Sensitive Personal Information Due to Negligence.

Description: (a) Accessing personal information due to Penalty: imprisonment ranging from one (1)
negligence, provided access to personal information year to three (3) years and a fine of not less than
without being authorized under this Act or any existing Five hundred thousand pesos (Php500,000.00)
law. but not more than Two million pesos
(Php2,000,000.00)

Description: (b) Accessing sensitive personal information Penalty: imprisonment ranging from three (3)
due to negligence, provided access to personal years to six (6) years and a fine of not less than
information without being authorized under this Act or Five hundred thousand pesos (Php500,000.00)
any existing law. but not more than Four million pesos
(Php4,000,000.00)

Section 27. Improper Disposal of Personal Information and Sensitive Personal Information.

Description: – (a) The improper disposal of personal Penalty: imprisonment ranging from six (6)
information; knowingly or negligently dispose, discard or months to two (2) years and a fine of not less
abandon the personal information of an individual in an than One hundred thousand pesos
area accessible to the public or has otherwise placed the (Php100,000.00) but not more than Five
personal information of an individual in its container for hundred thousand pesos (Php500,000.00)
trash collection.

Description: – (b) The improper disposal of sensitive Penalty: imprisonment ranging from one (1)
personal information; knowingly or negligently dispose, year to three (3) years and a fine of not less than
discard or abandon the personal information of an One hundred thousand pesos (Php100,000.00)
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individual in an area accessible to the public or has but not more than One million pesos
otherwise placed the personal information of an (Php1,000,000.00)
individual in its container for trash collection.

Section 28. Processing of Personal Information and Sensitive Personal Information for Unauthorized
Purposes.

Description: – (a) Processing of personal information for Penalty: imprisonment ranging from one (1)
purposes not authorized by the data subject, or otherwise year and six (6) months to five (5) years and a
authorized under this Act or under existing laws. fine of not less than Five hundred thousand
pesos (Php500,000.00) but not more than One
million pesos (Php1,000,000.00)

Description: – (b) Processing of sensitive personal Penalty: imprisonment ranging from two (2)
information for purposes not authorized by the data years to seven (7) years and a fine of not less
subject, or otherwise authorized under this Act or under than Five hundred thousand pesos
existing laws. (Php500,000.00) but not more than Two million
pesos (Php2,000,000.00)

Section 29. Unauthorized Access or Intentional Breach.

Description: – persons who knowingly and unlawfully, or Penalty: imprisonment ranging from one (1)
violating data confidentiality and security data systems, year to three (3) years and a fine of not less than
breaks in any way into any system where personal and Five hundred thousand pesos (Php500,000.00)
sensitive personal information is stored. but not more than Two million pesos
(Php2,000,000.00)

Section 30. Concealment of Security Breaches Involving Sensitive Personal Information.

Description: – persons who, after having knowledge of a Penalty: imprisonment of one (1) year and six
security breach and of the obligation to notify the (6) months to five (5) years and a fine of not
Commission pursuant to Section 20(f), intentionally or by less than Five hundred thousand pesos
omission conceals the fact of such security breach. (Php500,000.00) but not more than One million
pesos (Php1,000,000.00)

Section 31. Malicious Disclosure

Description: – Any personal information controller or Penalty: imprisonment ranging from one (1)
personal information processor or any of its officials, year and six (6) months to five (5) years and a
employees or agents, who, with malice or in bad faith, fine of not less than Five hundred thousand
discloses unwarranted or false information relative to pesos (Php500,000.00) but not more than One
any personal information or personal sensitive million pesos (Php1,000,000.00).
information obtained by him or her.
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Section 32. Unauthorized Disclosure.

Description: – (a) Any personal information controller or Penalty: imprisonment ranging from one (1)
personal information processor or any of its officials, year to three (3) years and a fine of not less than
employees or agents, who discloses to a third-party Five hundred thousand pesos (Php500,000.00)
personal information not covered by the immediately but not more than One million pesos
preceding section without the consent of the data subject (Php1,000,000.00).

Description: – (b) Any personal information controller or Penalty: imprisonment ranging from three (3)
personal information processor or any of its officials, years to five (5) years and a fine of not less than
employees or agents, who discloses to a third party Five hundred thousand pesos (Php500,000.00)
sensitive personal information not covered by the but not more than Two million pesos
immediately preceding section without the consent of the (Php2,000,000.00).
data subject.

Section 33. Combination or Series of Acts.

Description: – Any combination or series of acts as Penalty: imprisonment ranging from three
defined in Sections 25 to 32 (3) years to six (6) years and a fine of not less
than One million pesos (Php1,000,000.00) but
not more than Five million pesos
(Php5,000,000.00).

Section 34. Extent of Liability. – If the offender is a corporation, partnership or any juridical person, the
penalty shall be imposed upon the responsible officers, as the case may be, who participated in, or by their gross
negligence, allowed the commission of the crime.

 If the offender is a juridical person, the court may suspend or revoke any of its rights under this Act.

 If the offender is an alien, he or she shall, in addition to the penalties herein prescribed, be deported
without further proceedings after serving the penalties prescribed.

 If the offender is a public official or employee and lie or she is found guilty of acts penalized under
Sections 27 and 28 of this Act, he or she shall, in addition to the penalties prescribed herein, suffer
perpetual or temporary absolute disqualification from office, as the case may be.

Section 35. Large-Scale. – The maximum penalty in the scale of penalties respectively provided for the
preceding offenses shall be imposed when the personal information of at least one hundred (100) persons is
harmed, affected or involved as the result of the above mentioned actions.

Section 36. Offense Committed by Public Officer. – When the offender or the person responsible for the
offense is a public officer as defined in the Administrative Code of the Philippines in the exercise of his or her
duties, an accessory penalty consisting in the disqualification to occupy public office for a term double the term
of criminal penalty imposed shall he applied.
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Section 37. Restitution. – Restitution for any aggrieved party shall be governed by the provisions of the New
Civil Code.

LESSON 2. PUNISHABLE ACTS OF R.A. 10175

Introduction

The digital age has ushered in unprecedented opportunities for communication, commerce, and connectivity.
However, this technological revolution has also given rise to a new breed of criminals who exploit the internet
for illicit activities. Cybercrime, the use of computers and networks to commit crimes, poses a serious threat to
individuals, businesses, and even national security.

In this lesson, we will explore the multifaceted world of cybercrime. We will define what constitutes a
cybercrime, examine various types of cybercrimes such as hacking, identity theft, and online scams, and
understand the severe penalties associated with these offenses under Republic Act 10175, also known as the
Cybercrime Prevention Act of 2012. By the end of this lesson, you will be equipped with the knowledge to
recognize, prevent, and respond to cyber threats, ensuring your safety and security in the digital realm.

Key questions we will address:

 What is cybercrime and how does it differ from traditional crime?

 What are some common types of cybercrimes and their impact on victims?
 What are the legal repercussions of engaging in cybercriminal activities under RA 10175?
 How can we protect ourselves from becoming victims of cybercrime?
By delving into these questions and more, this lesson will empower you to become a responsible digital citizen,
capable of navigating the online world with vigilance and safeguarding yourself from the ever-evolving threats
of cybercrime.

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Punishable Act Penalty

A. Offenses Against the Confidentiality, Integrity, and Availability of Computer Data and Systems

1. Illegal Access (Hacking)- The access to the whole 1.Imprisonment of six years and 1 day up to 12 years
or any part of a computer system without right.
(Hacking) 2. Fine of at least two hundred thousand pesos up to a
maximum amount commensurate to the damage
2.Illegal Interception- The interception made by incurred
technical means without right of any non-public
transmission of computer data to, from, or within a
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computer system including electromagnetic If committed against critical infrastructure:

emissions from a computer system carrying such
computer. (Intercepting communications without 1.Imprisonment for twelve years and one day up to
authorization) twenty years

2. Fine of at least two hundred thousand pesos up to a

3.Data Interference- The intentional or reckless
maximum amount commensurate to the damage
alteration, damaging, deletion or deterioration of
incurred
computer data, electronic document, or electronic
data message, without right, including the
introduction or transmission of viruses. (Intentional
alteration or destruction of data)

4.System Interference- The intentional alteration on

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.
(Interference with the functioning of a computer
system)


5. Misuse of Devices - The use, production,
sale, procurement, importation, distribution,
or otherwise making available, without right,
of:
o A device, including a computer
program, designed or adapted
primarily for the purpose of
committing, any of the offenses under
this act; or
o 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.
o The possession of an item referred to
in paragraphs 5() (aa) or (bb) above
with intent to use said devices for the
purpose of committing any of the
offenses under this section. (Using
devices to commit cybercrimes)
6. Cybersquatting- The acquisition of a domain
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name over the internet in bad faith to profit, mislead,

destroy reputation, an deprive others from registering
the same, if such a domain name is:


similar, identical, or confusingly similar to an
existing trademark registered with the
appropriate government agency at the time of
the domain name registration:
 identical or in any way similar with the name
of a person other than the registrant, in case of
a personal name. and
 Acquired without right or with intellectual
property interests in it.
B. Computer Related Offenses

1. Computer Related Forgery- The input, alteration, 1. Imprisonment of 6 years and 1 day up to 12 years
or deletion of any computer data without right or;
resulting in inauthentic data with the intent that it be
considered or acted upon for legal purposes as if it 2. Fine of at least two hundred thousand pesos up to a
were authentic, regardless whether or not the data is maximum amount commensurate to the damage
directly readable and intelligible; or incurred

The act of knowingly using computer data which is

the product of computer-related forgery as defined
herein, for the purpose as perpetuating a fraudulent or
dishonest design. (Falsifying electronic documents)
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 with fraudulent
intent: Provided, that if no damage has yet been
caused, the realty imposable shall be one (1) degree
lower. (Using computers to defraud others)
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. (Stealing personal information
online)

C. Content-Related Offenses

1. Child Pornography- It is the unlawful or 1. Imprisonment of 6 years and 1 day up to 12 years

prohibited acts defined and punishable by Republic or
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Act No. 9775 or the Anti-Child a Pornography Act of 2. Fine of at least two hundred thousand pesos up to a
2009, committed through a computer system: maximum amount commensurate to the damage
Provided That the penalty to be imposed shall be (1) incurred
one degree higher than that provided for in Republic
Act No. 9775. (Production, distribution, or
possession of child pornography)

2. Cybersex- It is 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. (Engaging in
sexual activities online)

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:


There is prior affirmative consent from the
recipient; or
 The primary intent of the communication is
for service and/or administrative
announcements from the sender to its existing
users, subscribers or customers; or
 The following conditions are present:
o 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;
o The commercial electronic
communication does not purposely
disguise the source of the electronic
message; and
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. (Spamming)

4. Libel- The unlawful or prohibited acts of libel as 1. Maximum period of prision correctional (6month,
defined in Article 355 of the Revised Penal Code, as 1 day to 6 year) to its prison mayor minimum period.
amended, committed through a computer system or
any other similar means which may be devised in the
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future. (Publishing defamatory statements online)

2. Fine ranging from Six Thousand Pesos up to the

maximum amount determined by Court, or both, in
addition to the civil action which may be brought by
the offended party.

Section 5. Other Offenses

Aiding or Abetting in the Commission of 1. Imprisonment on one (1) degree lower than the
Cybercrime Any person who willfully abets or aids prescribed penalty for the offense, or a fine of at least
in the commission of any of the offenses enumerated One Hundred Thousand pesos but not exceeding Five
in this Act shall be held liable. (Helping others Hundred Thousand Pesos.
commit cybercrimes)-

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.
(Trying to commit a cybercrime)

LESSON 3. PUNISHABLE ACTS OF PHILIPPINE FISHERIES CODE OF 1998 (REPUBLIC ACT NO.
8550)

Introduction

The world's oceans and waterways teem with life, providing sustenance and livelihoods for countless
communities. However, unsustainable fishing practices and illegal fishing activities threaten the delicate
balance of marine ecosystems, jeopardizing the future of fish stocks and the communities that depend on them.

In this lesson, we will explore the critical importance of responsible fishing practices and the legal framework
that governs them. We will delve into the Fisheries Code, which outlines prohibited fishing methods and the
penalties for violating these regulations. By the end of this lesson, you will have a deeper appreciation for the
ecological and economic significance of sustainable fisheries management, and you will be equipped with the
knowledge to identify and report illegal fishing activities, contributing to the preservation of our precious
marine resources.

Key questions we will address:

 What are some common prohibited fishing methods, and why are they harmful?

 What are the legal consequences of engaging in illegal fishing activities under the Fisheries Code?
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By exploring these questions and more, this lesson will empower you to become a responsible steward of our
oceans and waterways, ensuring the health and productivity of marine ecosystems for generations to come.

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CHAPTER VI
SECTION 86 – SECTION 105

Section 86: Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities.

- Prohibits fishing or engaging in any fishery activity without a license, lease, or permit. It also outlines the
penalties for fishing in over-exploited areas or using commercial fishing vessels in municipal waters.

Section 87: Poaching in Philippine Waters.

- This section makes it unlawful for any foreign person, corporation, or entity to fish or operate any fishing
vessel in Philippine waters. It outlines the penalties, including fines and confiscation of catch, equipment, and
vessels.

Section 88: Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity.

- Prohibits the use of explosives, poisonous substances, or electricity for fishing. It outlines the penalties for
possessing, using, or dealing in illegally caught fish.

Section 89: Use of Fine Mesh Net.

- Prohibits fishing using nets with mesh smaller than the size fixed by the Department. It outlines the penalties,
including fines and imprisonment.

Section 90: Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas.

- Prohibits the use of active fishing gears in municipal waters, bays, and other fishery management areas. It
outlines the penalties for boat captains, master fishermen, and vessel owners/operators.

Section 91: Ban on Coral Exploitation and Exportation.

-Prohibits the gathering, possession, sale, or export of corals, except for scientific or research purposes.

Section 92: Ban on Muro-Ami Other Methods and Gear Destructive to Coral Reefs and Other Marine
Habitat.

- Prohibits fishing with gear or methods that destroy coral reefs, seagrass beds, and other marine habitats. It also
prohibits the gathering, sale, or export of white sand, silica, pebbles, and other substances that make up marine
habitats.

Section 93: Illegal Use of Superlights.

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- Prohibits fishing with the use of superlights in municipal waters or in violation of the rules and regulations.

Section 94: Conversion of Mangroves.

- Prohibits the conversion of mangroves into fishponds or for any other purposes.

Section 95: Fishing in Overfished Area and During Closed Season.

- Prohibits fishing in overfished areas and during closed seasons.

Section 96: Fishing in Fishery Reserves, Refuge and Sanctuaries.

-Prohibits fishing in areas declared as fishery reserves, refuge, and sanctuaries.

Section 97: Fishing Or Taking of Rare, Threatened or Endangered Species.

- Prohibits fishing or taking rare, threatened, or endangered species.

Section 98: Capture of Sabalo and Other Breeders/Spawners.

- Prohibits catching, gathering, capturing, or possessing mature milkfish or "sabalo" and other breeders or
spawners.

Section 99: Exportation of Breeders, Spawners, Eggs or Fry.

- Prohibits the exportation of breeders, spawners, eggs, or fry.

Section 100: Importation or Exportation of Fish or Fishery Species.

- Prohibits the importation or exportation of fish or fisheries species in violation of this Code.

Section 101: Violation of Catch Ceilings.

- Prohibits fishing in violation of catch ceilings.

Section 102: Aquatic Pollution.

-This section prohibits aquatic pollution.

Section 103: Other Violations.

(a) Failure to Comply with Minimum Safety Standards

(b) Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and Fish Cages

(c) Gathering and Marketing of Shell Fishes

(d) Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay

(e) Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages.
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Section 104: Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or
Crew.

- This section outlines the penalties for commercial fishing vessel operators employing unlicensed fisherfolk,
fishworkers, or crew members.

Section 105: Obstruction of Defined Migration Paths.

-Prohibits the obstruction of defined migration paths of anadromous, catadromous, and other migratory species.

LESSON 4. PUNISHABLE ACTS OF RA 9147 (WILDLIFE RESOURCES CONSERVATION AND

PROTECTION ACT)

Introduction

From the lush rainforests to the vibrant coral reefs, the Philippines boasts a rich tapestry of biodiversity,
teeming with unique and fascinating species. However, this natural heritage faces numerous threats, from
habitat destruction to illegal wildlife trade, pushing many species to the brink of extinction.

In this lesson, we will embark on a journey to explore the challenges facing wildlife conservation in the
Philippines. We will identify endangered and threatened species, recognize the devastating impact of illegal
activities such as poaching and wildlife trafficking, and understand the legal framework designed to protect our
precious natural resources. We will also delve into the realm of cybercrime, examining how technology is both
a tool for conservation and a weapon for criminals. Finally, we will explore the critical importance of
responsible fishing practices and data privacy in the digital age.

Key questions we will address:

 What are the various forms of illegal wildlife trade, and how do they impact ecosystems and
communities?

 What legal measures are in place to combat illegal wildlife activities and cybercrime in the Philippines?

By exploring these questions and more, this lesson will empower you to become a champion for wildlife
conservation, a responsible digital citizen, and an advocate for sustainable resource management. Together, we
can work towards a future where both technology and nature thrive in harmony.

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CHAPTER IV
SECTION 27 – SECTION 28

Illegal Act Species Category Imprisonment Fine

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6 yrs 1 day - 12
Critical
yrs P100,000 -
P1,000,000
4 yrs 1 day - 6
Endangered
yrs
P50,000 - P500,000
Killing/Destroying (a) 2 yrs 1 day - 4
Vulnerable
yrs
P30,000 - P300,000
Other Threatened 1 yr 1 day - 2 yrs
P20,000 - P200,000
6 months 1 day -
Other Wildlife
1 yr
P10,000 - P100,000
4 yrs 1 day - 6
Critical
yrs
P50,000 - P500,000
2 yrs 1 day - 4
Endangered
yrs
P30,000 - P200,000
Inflicting Injury (b) Vulnerable 1 yr 1 day - 2 yrs
P20,000 - P200,000
6 months 1 day -
Other Threatened
1 yr
P10,000 - P50,000
1 month - 6
Other Wildlife
months
P5,000 - P20,000

Critical Habitat Damage (c) & Introduction/Restocking

(d)
1 month - 8 yrs
P5,000 - P5,000,000
Trading (e) 2 yrs 1 day - 4
Critical
yrs
P5,000 - P300,000
Endangered 1 yr 1 day - 2 yrs
P2,000 - P200,000
6 months 1 day -
Vulnerable
1 yr
P1,000 - P100,000
1 month 1 day - 6
Threatened
months
P500 - P50,000
Other Wildlife 10 days - 1 P200 - P20,000
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month

2 yrs 1 day - 4
Critical
yrs
P30,000 - P300,000
Endangered 1 yr 1 day - 2 yrs
P20,000 - P200,000
6 months 1 day -
Collecting/Hunting/Possessing (f) & Vulnerable
1 yr
Gathering/Destroying Nests (g) P10,000 - P100,000
1 month 1 day - 6
Other Threatened
months
P5,000 - P50,000
10 days - 1
Other Wildlife
month
P1,000 - P5,000
6 months 1 day -
Critical
1 yr
P50,000 - P100,000
3 months 1 day -
Endangered
6 months
P20,000 - P50,000
Maltreating (h) & Transporting (i) 1 month 1 day - 3
Vulnerable
months
P5,000 - P20,000
10 days - 1
Other Threatened
month
P1,000 - P5,000
Other Wildlife 5 days - 10 days
P200 - P1,000

LESSON 5. PUNISHABLE ACTS OF RA 9003 (ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF

2000)

Introduction

From the bustling cities to the serene countryside, the Philippines faces a growing challenge: the proper
management of solid waste. Improper disposal and illegal dumping not only mar our landscapes but also pose
serious threats to public health and the environment.

In this lesson, we will embark on a journey to understand the complexities of solid waste management in the
Philippines. We will define solid waste, differentiate between biodegradable and non-biodegradable materials,
and recognize the detrimental effects of illegal activities such as improper waste disposal and open burning.
Additionally, we will explore the critical role of technology in monitoring and combating environmental crimes,
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and we will continue to delve into the multifaceted realms of wildlife conservation, cybercrime, responsible
fishing practices, and data privacy.

Key questions we will address:

 What is solid waste, and what are its different classifications?

 What illegal activities are associated with solid waste management, and how can they be addressed?

By exploring these questions and more, this lesson will empower you to become a responsible steward of our
environment, equipped with the knowledge and tools to promote sustainable waste management practices and
combat illegal activities that threaten our ecosystems and public health. Together, we can work towards a
cleaner, healthier, and more sustainable future for the Philippines.

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CHAPTER VI
SECTION 48 – SECTION 49

Prohibited Act Penalty

Fine: P300-P1,000 or
(1) Littering, throwing, dumping of waste matters in public places Community service: 1-15
days or Both

Fine: P300-P1,000 or
(2) Undertaking activities or operating, collecting or transporting equipment in
Imprisonment: 1-15 days or
violation of sanitation operation and other requirements or permits
Both

Fine: P300-P1,000 or
(3) The open burning of solid waste Imprisonment: 1-15 days or
Both

Fine: P1,000-P3,000 or
(4) Causing or permitting the collection of non-segregated or unsorted wastes Imprisonment: 15 days-6
months or Both

Fine: P1,000-P3,000 or
(5) Squatting in open dumps and landfills Imprisonment: 15 days-6
months or Both
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Fine: P1,000-P3,000 or
(6) Open dumping, burying of biodegradable or non-biodegradable materials in
Imprisonment: 15 days-6
flood-prone areas
months or Both

Fine: P1,000-P3,000 or
(7) Unauthorized removal of recyclable material intended for collection by
Imprisonment: 15 days-6
authorized persons
months or Both

Fine: P500,000 + 5-10% of

(8) The mixing of source-separated recyclable material with other solid waste
net annual income

First Offense: Fine: P500,000

+ 5-10% of net annual
(9) Establishment or operation of open dumps or closure of said dumps in income
violation of Sec. 37 Second/Subsequent Offenses:
Imprisonment: 1-3 years +
Above fine

First Offense: Fine: P500,000

+ 5-10% of net annual
(10) The manufacture, distribution or use of non-environmentally acceptable income
packaging materials Second/Subsequent Offenses:
Imprisonment: 1-3 years +
Above fine

(11) Importation of consumer products packaged in non-environmentally Fine: P500,000 + 5-10% of

acceptable materials net annual income

Fine: P10,000-P200,000 or
(12) Importation of toxic wastes misrepresented as "recyclable" or "with
Imprisonment: 30 days-3
recyclable content"
years or Both

(13) Transport and dumping in bulk of collected domestic, industrial, Fine: P10,000-P200,000 or
commercial, and institutional wastes in areas other than prescribed centers or Imprisonment: 30 days-3
facilities years or Both

(14) Site preparation, construction, expansion or operation of waste Fine: P100,000-P1,000,000

management facilities without an Environmental Compliance Certificate & not or Imprisonment: 1-6 years or
conforming with LGU land use plan Both
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Fine: P100,000-P1,000,000
(15) Construction of any establishment within 200 meters from open dumps or
or Imprisonment: 1-6 years or
controlled dumps, or sanitary landfill
Both

Fine: P100,000-P1,000,000
(16) Construction or operation of landfills or any waste disposal facility on any
or Imprisonment: 1-6 years or
aquifer, groundwater reservoir, or watershed area
Both

LESSON 6. PUNISHABLE ACTS OF REPUBLIC ACT NO. 8749 (PHILIPPINE CLEAN AIR ACT OF
1999)

Introduction

From the pristine mountain air to the bustling city streets, the quality of the air we breathe has a profound
impact on our health and well-being. In the Philippines, a nation grappling with rapid urbanization and
industrial growth, air pollution poses a significant challenge, affecting both human health and the environment.

In this lesson, we will embark on a journey to explore the complexities of air pollution in the Philippines. We
will define air pollution, identify its various sources, and recognize the detrimental effects of common air
pollutants on human health and the environment. We will also delve into the multifaceted realms of solid waste
management, wildlife conservation, cybercrime, responsible fishing practices, and data privacy, understanding
their interconnectedness and impact on our society. Additionally, we will examine how technology can be
leveraged to monitor and combat environmental crimes, contributing to a cleaner and healthier future.

Key questions we will address:

 What is air pollution, and what are its primary sources in the Philippines?

 What are the most common air pollutants, and how do they affect human health and the environment?

 What are the legal and regulatory frameworks in place to address air pollution in the Philippines?

By exploring these questions and more, this lesson will empower you to become an informed and responsible
citizen, equipped with the knowledge and tools to advocate for clean air and sustainable practices. Together, we
can work towards a future where the Philippines enjoys cleaner air, healthier communities, and a thriving
environment.

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CHAPTER 6
SECTION 45 - SECTION 47
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Violation Penalty

Exceeding pollution or air Fine of up to P100,000 per day of violation, adjusted based on the violator's
quality standards ability to pay, degree of willfulness, negligence, history of non-compliance,
and recalcitrance.

Closure or suspension of operations until compliance. Permanent closure for

third offense.

Motor vehicle not meeting Vehicle impounded until penalties paid and repairs made. Driver and
emission standards operator attend a pollution control seminar.

1st Offense: Fine up to P2,000

2nd Offense: Fine of P2,000-P4,000

3rd Offense: 1-year suspension of MVR and fine of P4,000-P6,000

Violation of national Fine of at least P30,000 or cancellation of license of technician and/or center.
inspection and maintenance
program

Violation of other provisions Fine of P10,000-P100,000 or 6 months to 6 years imprisonment or both. For
in the Act or its rules and juridical persons, the responsible officers will be penalized.
regulations

Gross violation of the Act or Imprisonment of 6-10 years. For juridical persons, the responsible officers
its rules and regulations will be penalized. Gross violation includes:

a) 3 or more offenses within a year

b) 3 or more offenses in 3 consecutive years

c) Disregard of PAB orders

d) Irreparable or grave damage to the environment

LESSON 7. PUNISHABLE ACTS OF RA 9275 (PHILIPPINE CLEAN WATER ACT OF 2004)

Introduction

Water, the elixir of life, is facing a silent crisis. From the serene streams in our neighborhoods to the vast oceans
that cradle our planet, water bodies are increasingly under threat from pollution. Every drop of polluted water
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jeopardizes the health of ecosystems, compromises human well-being, and disrupts the delicate balance of our
planet.

In this lesson, we will delve into the world of water pollution. We will explore what constitutes water pollution,
uncover its diverse sources, and examine the detrimental effects of common pollutants on both human health
and the environment. By understanding the gravity of the issue, we will also realize the undeniable importance
of clean water for the sustenance of life and the prosperity of our planet.

Key questions we will address:

 What is water pollution and its diverse sources?

 What are the most common water pollutants and understand their far-reaching effects?

Let's embark on this journey to understand the complexities of water pollution and empower ourselves to
become advocates for the preservation of our most precious resource.

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CHAPTER 5
SECTION 27 – SECTION 29
Prohibited Act Penalty

a) Discharging pollutants into Fine: P10,000 - P200,000 per day of violation (increases by 10% every 2
water bodies years). Possible closure, suspension, or cessation of operations until
compliance.

b) Discharging pollutants into Fine: P10,000 - P200,000 per day of violation (increases by 10% every 2
soil or sub-soil years). Possible closure, suspension, or cessation of operations until
compliance.

c) Operating facilities Fine: P10,000 - P200,000 per day of violation (increases by 10% every 2
discharging pollutants without a years). Possible closure, suspension, or cessation of operations until
permit compliance.

d) Disposing of medical waste Fine: P10,000 - P200,000 per day of violation (increases by 10% every 2
into the sea years). Possible closure, suspension, or cessation of operations until
compliance.

e) Unauthorized dumping of Fine: P10,000 - P200,000 per day of violation (increases by 10% every 2
sewage or solid waste into the sea years). Possible closure, suspension, or cessation of operations until
compliance.

f) Transport, dumping or Fine: P10,000 - P200,000 per day of violation (increases by 10% every 2
discharge of prohibited chemicals years). Possible closure, suspension, or cessation of operations until
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compliance.

g) Operating facilities that Fine: P10,000 - P200,000 per day of violation (increases by 10% every 2
discharge prohibited chemicals years). Possible closure, suspension, or cessation of operations until
compliance.

h) Undertaking activities or Fine: P10,000 - P200,000 per day of violation (increases by 10% every 2
operating facilities in violation of years). Possible closure, suspension, or cessation of operations until
PD 1586 compliance.

i) Discharging regulated water Fine: P10,000 - P200,000 per day of violation (increases by 10% every 2
pollutants without a permit years). Possible closure, suspension, or cessation of operations until
compliance.

j) LGU non-compliance with Sanctions on local government officials

Water Quality Framework

k) Refusal to allow entry, Fine: P10,000 - P200,000 per day of violation (increases by 10% every 2
inspection, and monitoring years). Possible closure, suspension, or cessation of operations until
compliance.

l) Refusal to allow access to Fine: P10,000 - P200,000 per day of violation (increases by 10% every 2
reports and records years). Possible closure, suspension, or cessation of operations until
compliance.

m) Refusal or failure to submit Fine: P10,000 - P200,000 per day of violation (increases by 10% every 2
reports years). Possible closure, suspension, or cessation of operations until
compliance.

n) Refusal or failure to designate Fine: P10,000 - P200,000 per day of violation (increases by 10% every 2
pollution control officers years). Possible closure, suspension, or cessation of operations until
compliance.

o) Directly using booster pumps Fine: P10,000 - P200,000 per day of violation (increases by 10% every 2
or tampering with water supply years). Possible closure, suspension, or cessation of operations until
compliance.

“EDUCATION IS THE PASSPORT TO THE FUTURE, FOR TOMORROW BELONGS TO THOSE

WHO PREPARE FOR IT TODAY.”

- Malcolm X
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UNIVERSITY OF CAGAYAN VALLEY

(Formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS
COLLEGE OF CRIMINAL JUSTICE EDUCATION

INTRODUCTION TO CYBERCRIME AND ENVIRONMENTAL LAWS AND PROTECTION

Name of student: ______________________________ Year/Block:___________

Subject: CDI 109- Introduction to Cybercrime and Environmental Laws and Protection
Instructor: ___________________________________

CHAPTER II. MIDTERM

LESSON 1. RULES ON CYBERCRIME WARRANTS

Introduction

The digital age has revolutionized our lives, but it's also opened up a new frontier for criminal activity.
Cybercrime, ranging from identity theft to large-scale data breaches, poses a significant threat to individuals,
businesses, and even national security. To combat these crimes, law enforcement must be equipped with the
legal tools necessary to investigate and prosecute offenders effectively.

In this lesson, we will focus on a critical tool in the fight against cybercrime: the cybercrime warrant. We will
explore the legal requirements for obtaining such a warrant, as well as the specific situations where it becomes
necessary.

By the end of this lesson, you will be able to:

 Apply the legal requirements for obtaining a cybercrime warrant.

 Identify specific situations where a cybercrime warrant is necessary.

As technology evolves, so too do the methods employed by cybercriminals. Understanding the legal framework
surrounding cybercrime warrants is essential for anyone involved in law enforcement or the legal profession.
Let's dive in and explore this crucial aspect of digital justice.

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CYBERCRIME WARRANTS

1. Warrant to Disclose Computer Data – A WDCD requires any person or service provided to disclose
subscriber`s information, traffic data, or relevant data in his/her or its possession or control within 72 hours
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from receipt of the order

2. Warrant to Intercept Computer Data – it authorized law enforcement officers to carry out any or all of the
following activities: listen, record, monitor surveillance of the content of communications.
3. Warrant to Search, Seizure, and Examination of Computer Data - A WSSECD is like a search warrant,
except the subject matter of a WSSECD is computer data.
4. Warrant to Examine Computer Data – A WECD is a warrant issued when a computer device or system is
previously seized by another lawful method such as warrantless arrest.

LESSON 2. BASIC INCIDENT RESPONSE

Introduction

In the aftermath of a cyberattack or security incident, the digital landscape is often strewn with clues. Logs and
data, generated by systems and applications, hold the key to understanding the scope, impact, and origin of the
incident. However, these digital breadcrumbs can be overwhelming and complex, requiring skilled analysis to
extract meaningful insights.

In this lesson, we'll dive into the world of incident response and learn how to navigate the maze of logs and
data. We'll explore techniques for analyzing and interpreting this information, enabling you to piece together the
puzzle of an incident and determine its full extent.

By the end of this lesson, you will be able to:

 Analyze logs and data from various sources to identify indicators of compromise.

 Interpret the information gleaned from logs to determine the timeline and actions taken during an
incident.

 Determine the scope of an incident, including the systems affected and the potential impact.

Mastering the art of log analysis is crucial for effective incident response. It empowers you to respond swiftly
and decisively, mitigating damage and preventing future attacks. Let's embark on this journey to become
proficient digital detectives, capable of unraveling the mysteries hidden within logs and data.

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1) All violations under Sections 4 and 5 of RA No. 10175 classified as cybercrimes, except Child Pornography
and Libel, shall be primarily investigated by the ACG; and
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2) For Child Pornography, Libel and cyber-related offenses under Section 6 of RA No. 10175, the ACG and
other police units have jurisdiction to conduct an investigation. However, police units that do not have trained
personnel in cybercrime investigation may request for technical assistance from the ACG.

REPORTING and RECORDING

a) All reported cybercrime incidents shall be attended to by the desk officer/duty personnel and referred to the
duty investigator;

b) Cases received through e-Complaint shall be forwarded to the nearest ACG office, and the Investigator-on-
Case (IOC) will directly contact the complainant in order to give guidance as to what pieces of evidence should
be presented for the conduct of investigation and filing of appropriate charges;

c) Reporters of cybercrime incidents through SMS shall be advised to proceed to the nearest ACG or police unit
concerned for proper recording and validation. They shall also be advised to bring additional pieces of evidence,
if necessary;

d) All cybercrime incidents investigated by the IOC shall be recorded and classified as either cybercrime or
cyber-related offense, as the case maybe.

e) All complaints shall be recorded in the police blotter, encoded in CIRAS and other NGIS and must satisfy the
essential elements of investigation which shall answer the five (5) W’s (What, Who, When Where, and Why)
and one H (How)

DISPOSITION

For purposes of reporting cybercrimes and cyber-related crimes, a case shall be considered solved under the
criteria of “beyond police control” when any of the following circumstances is present:

(1) Failure of the complainant to submit evidentiary requirements;

(2) Complainant declines to prosecute the case;

(3) Complainant merely requests to record the incident;

(4) Complainant only requests to deactivate a fake/dummy account or delete pornographic video/picture and/or
videos in websites; and

(5) Complainant cannot be found despite diligent and reasonable efforts of the PNP.

(a) Private cybercrime/cyber-related incidents

(a.1) If, without justifiable reasons, the complainant/s in a private cybercrime/cyber-related incident failed to
submit evidentiary requirements within the three scheduled meetings agreed to by him/her informing him/her
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through registered mail, e-mail, private courier (i.e. LBC, FedEx, JRS and the like) by the IOC, he/she will be
treated as a disinterested complainant.

(a.2) A case shall also be considered solved when the complainant declines, in writing, to prosecute or pursue
the same despite exhaustion of all means to convince her/him.

(a.3) If a complainant requests to record an Incident for future reference but refuses to follow through for
whatever reason to have the case investigated.

(a.4) If the complainant only wants to deactivate a fake/dummy or similar social media account or delete
pornographic picture/s and/or videos in websites on a valid and verified complaint, but will not pursue any case.

(a.5) Provided however, despite the aforementioned circumstances, if the complainant later submits the
evidentiary requirements needed and decides to file the case, the IOC shall take appropriate action, unless
barred by existing laws, rules and regulations,

(b) Public cybercrime incidents

(b.1) In cases of public cybercrime incidents involving the abuse and exploitation of women, children, and other
forms of gender-based violence, such as child pornography, child abuse, violence against women and children,
and trafficking in persons, the cases shall be investigated by trained women and children

investigators or, in the absence of such investigator, the case shall be endorsed to the WCPC, CIDG or ACG,
despite the refusal of the victim to pursue a case.

LESSON 3. PROCEDURE ON SEIZING AND COLLECTING DIGITAL EVIDENCE

Introduction

In the realm of criminal investigations, digital evidence plays an increasingly pivotal role. From computers and
smartphones to cloud storage and IoT devices, the traces left behind in the digital world can make or break a
case. However, the volatile nature of digital evidence demands meticulous handling to ensure its integrity and
admissibility in court.

In this lesson, we will explore the critical procedures involved in seizing and preserving digital evidence. We
will delve into the best practices for collecting, documenting, and storing digital evidence, maintaining the chain
of custody throughout the process.

By the end of this lesson, you will be able to:

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 Apply proper techniques for seizing digital evidence from various devices and storage media.

 Preserve the integrity of digital evidence through appropriate handling and documentation.

 Maintain the chain of custody to ensure the admissibility of evidence in legal proceedings.

The proper handling of digital evidence is paramount in upholding justice in the digital age. Let's embark on
this journey to become adept digital forensic investigators, capable of safeguarding the truth hidden within the
bits and bytes.

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The following standard operating procedures are culled from the guidelines issued by the Department of Justice,
Office of Cybercrime and the Philippine National Police in identifying, seizing, and handling of electronic
evidence found at the scene of the crime or incident:

1. Immediate Actions at the Incident/Crime Scene

 Secure the scene

 Allow printers to finish printing
 Immediately restrict any access to any computer or power supply
 Do not take any device from the user or owner of the computer
 If power is OFF DO NOT TURN ON
Note: If you can get professional forensic help even by telephone do it, unless you are a qualified forensic
professional.

2. If Computer is SWITCHED OFF

 Make sure the computer is powered off otherwise, treat it as one that is switched ON
 Photograph everything including system makeup and what connects with what
 Photograph screen
 In case of Laptop, remove the battery
 Unplug power from all devices and remove power lead from the computer end and not on the wall
socket end
 Label all connectors on the end of the cable and socket to which they connect so the system can be later
reconstructed.

3. If computer is SWITCHED ON

 Photograph screen and/or record all the programs running

 Collect volatile data
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
Unplug power from all devices and remove power lead from the computer end and not on the wall
socket end
 Label all connectors on the end of the cable and socket to which they connect so the system can be later
reconstructed
 Isolate computers from from Digital Movie Cameras
 If the computer is networked, obtain professional forensic advice before doing anything
 If a destructive program is running that could cause loss of evidence (e.g. format, wipe, evidence
eliminator type programs) pull the power from the back of the device
 If the screen shows a screensaver or it is blank, then moving the mouse or pressing the up and down
arrow key to restore the screen
 Record all action performed using working notes
Note: For NETWORKED Computers (two or more computers are connected together), secure the scene until a
qualified forensic professional arrived at the scene.

4. Once the system is shut down, then it must be documented (photograph, video, sketch or a combination
of all three)

5. Carefully take equipment apart and label each component part of the exhibit uniquely (e.g. a computer
will have an exhibit number, but the keyboard, monitor, and mouse will have the same exhibit number
with a different part number.

6. Ensure that all equipment being seized has filled in and completed exhibit labels attached to easily
reassemble if needed.

Important Notes:

 Search the area for paperwork, diaries, documents, etc. with passwords or other items of interest.
 Consider asking the user for any user IDs and Passwords, if given, record them.
 Make detailed notes of all actions taken.
 Ensure that all parts of the computer are located, especially power supplies for laptops.
 Identify on sketch all computers or equipment seized.
 Photograph the scene and any relevant screens if possible.
 Record time and date of any machine closedown.
 Seal power inputs with evidence tape.
 Seal in evidence bags and pack for transportation as contents were fragile.

7. Smart Phones and Similar Devices

If the power is OFF:

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a. Do not turn on.

b. Place the smart phone in a sealed envelope before placing in an evidence bag to prevent being turned on.

If the power is ON:

a. Consideration should be given before turning off the device as there might be a password/passkey.
b. Immediately switch to flight mode or place on a faraday bag.

8. DVR and Similar Device

The list of actions is essential when retrieving video data and for future viewing and maintaining evidential
integrity, while minimizing any potential disruption to the premises where CCTV system is installed.

a. Before extracting video data, make sure you bring along a clean storage media with large capacity (USB
stick, CD or DVD).

b. Notes should be kept detailing the method used and steps taken.

c. Determine if a manual is available to assist with system information.

d. Acquire and document the following:


Digital Video Recorder Make, Model, and Serial Number.

Determine if the CCTV System is PC-based or Stand-Alone.

Make, model, and number of Cameras installed. Determine also the number of active cameras versus
those inactive.
 System date and time of DVR versus actual time.
 System username and password.
e. Confirm success of retrieval.

f. Properly label your storage media where you copied the video data.

g. Place the storage media where the video data is saved in a safe package to minimize the likelihood of damage
in transit.

The following among many other electronic devices maybe seized during anti-cybercrime operations:

1. Computer (Server, tower, etc)

2. iPad and tablets.
3. Hard disks
4. Diskettes
5. CD/DVD/VCD
6. Zip disk
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7. Tape Back-ups (DLT, TRAVAN, AIT, DDS)

8. USB Memory Drives
9. Pen Camera, USB Watch, DVR and Camera
10. Mobile Phones
11. Any externally connected devices (hard disks)
12. Computer keys

Note: Consideration should be given when seizing the following and check for the presence of documents and
other devices around:

1. Answering machines
2. Desktop phones
3. Dictating machines
4. Email systems directly connected to telephones
5. Fax machines
6. Any other equipment that could store data electronically

Golden Rules in Digital Forensic:

When responding to a cybercrime scene:

1. Officer safety first secure the scene and make it safe.

2. Document everything (Working notes, Pictures, Sketch, etc.) and use latex glove in performing bag and tag
procedure in proper seizure and evidence handling.

LESSON 4. ADMISSIBILITY OF DIGITAL EVIDENCE

Introduction

The digital revolution has transformed the legal landscape, with digital evidence becoming increasingly
prevalent in courtrooms. However, the admissibility of such evidence is often fiercely contested. Ensuring that
digital evidence meets the stringent legal standards for admissibility is crucial for its successful use in
prosecutions and legal proceedings.

In this lesson, we will delve into the complex world of digital evidence admissibility. We will examine the legal
criteria that determine whether digital evidence can be presented in court, and explore the challenges and
strategies involved in ensuring its admissibility.
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By the end of this lesson, you will be able to:

 Analyze digital evidence to assess its relevance, authenticity, and reliability.

 Understand the legal requirements for admissibility, including the rules governing hearsay,
authentication, and the best evidence rule.

 Develop strategies for overcoming challenges to the admissibility of digital evidence.

The ability to navigate the legal intricacies surrounding digital evidence is essential for anyone involved in the
legal profession or law enforcement. Let's embark on this journey to become proficient in assessing the
admissibility of digital evidence and ensuring that justice prevails in the digital age.

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1. What is Digital Evidence?

Digital evidence is any information stored or transmitted in digital form that can be used to prove or disprove a
fact in court. This includes:

 Emails: messages, attachments

 Social media posts: text, images, videos
 Chat logs: from messaging apps
 Website content: text, images
 Digital photos and videos
 Audio recordings
 GPS data
 Computer files
 Database records

2. Digital evidence is generally admissible in court, just like traditional paper-based evidence.

3. The Two Big Hurdles

To get digital evidence admitted, you need to clear these two hurdles:

Relevance: The evidence must be relevant to the case. It needs to prove or disprove something important.

Authentication: You need to prove the evidence is what you claim it to be. This means showing it hasn't been
altered or tampered with.

4. How to Authenticate?
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There are a few ways to authenticate digital evidence:

Testimony: Someone with personal knowledge can testify about how the evidence was created, stored, or
obtained.

Technical Evidence: Experts can explain the technical details of how the evidence was created and stored,
showing it's reliable.

Digital Signatures: If the evidence has a valid digital signature, it can help prove its authenticity.

Hash Values: A unique code (hash value) can be generated for the evidence. If it matches later, it shows the
evidence hasn't changed.

PIECES OF EVIDENCE

a. Incident Record Form;

b. Affidavit of Complainant (alleging that the suspect committed the act without right or in excess of authority,
or not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under
the law);

c. Affidavit of Witness;

d. Print Screen and/or Screen Shots of call logs, computer logs, network logs, and system logs;

e. Print Screen and/or Screen shots of text messages from the alleged fraudster/ scammer, email/s and phishing
link/s in PDF form (if applicable);

f. For video recordings, store in optical disk or flash drives and follow proper chain of custody;

g. Affidavit of Authentication of Electronic Evidence must be executed by either the party to the
communication or person who had the direct knowledge about the online communication in compliance with
A.M. No. 01-07-01-SC;

h. Details of any method of payment (if applicable);

i. Consent of victim to examine computer or digital devices;

j. Duly approved request for Digital Forensic Examination;

k. Preservation, application for cybercrime warrant, court warrant and compliance (if applicable);

l. Affidavit/Certificate of preservation of evidence (manner of preservation);

m. Case Referral (inquest) or Case Investigation Report (regular filing);

n. NPS Investigation Data Form;

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Additional requirements if the offended party is a juridical person:

o. Board resolution for the company representative; and

p. IT Report (fraud report)/affidavit. management

Notes:

a. Use of timestamp in preserving the online post. When using software tools that are freely available, use two
applications for validation;

b. Attribute the device with the suspect (description of the device, physical location, IP addresses, domain
names, other potential identifiers of digital devices, exact time);

c. Submission of digital forensic examination result and affidavit of digital forensic examiner;

d. In the Affidavit of the Complainant and Witness, indicate the place of the commission of the offense to
ensure that the elements of the offense are within the territorial jurisdiction of the Prosecutor;

e. Proper collection, inventory, marking, and preservation of recovered/seized evidence;

f. The use of the term "hacking" in cases involving Illegal Access is discouraged;

g. Use of Body-worn camera or Alternative Recording Device in implementing warrant of arrest, conduct of
entrapment operation and implementation of WSSECD. Ensure submission of Affidavit of Recording Officer
and Affidavit of Data Custodian; and

h. Evaluate for possible Money Laundering investigation (conduct asset tracking and recommend for freeze
order, civil and criminal forfeiture).

“THE BEAUTIFUL THING ABOUT LEARNING IS THAT NOBODY CAN TAKE IT AWAY FROM
YOU.”

- B.B King
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UNIVERSITY OF CAGAYAN VALLEY

(Formerly Cagayan Colleges Tuguegarao)
VICTOR VENTURA PEREZ (VVP) CAMPUS
COLLEGE OF CRIMINAL JUSTICE EDUCATION

INTRODUCTION TO CYBERCRIME AND ENVIRONMENTAL LAWS AND PROTECTION

Name of student: ______________________________ Year/Block:___________

Subject: CDI 109- Introduction to Cybercrime and Environmental Laws and Protection
Instructor: ___________________________________

CHAPTER III. FINAL

LESSON 1. PROCEDURE IN FILING OF ENVIRONMENTAL CASES

Introduction

The Philippines, with its rich biodiversity and stunning natural beauty, is facing a growing environmental crisis.
From illegal fishing and wildlife poaching to pollution and deforestation, the threats to our ecosystems are
mounting. The laws you've highlighted — the Fisheries Code, Wildlife Act, Solid Waste Management Act,
Clean Air Act, and Clean Water Act — provide crucial legal tools for protecting our environment. But
understanding how to effectively use these laws to file environmental cases is essential for anyone seeking to
hold polluters accountable and safeguard our natural heritage.

In this lesson, we will delve into the procedural aspects of environmental litigation in the Philippines. We will
explore the steps involved in filing cases under these key environmental laws, the evidence required, the
potential challenges you might face, and the strategies for navigating the legal system to achieve justice for our
environment.

By the end of this lesson, you will be able to:

 Understand the procedural requirements for filing cases under the Philippines' key environmental laws.

 Identify the evidence needed to support an environmental case.

 Anticipate and address potential challenges in the litigation process.

 Develop effective strategies for achieving successful outcomes in environmental cases.

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Protecting the Philippines' environment demands more than just laws; it requires individuals and communities
willing to stand up for nature and use the legal system to defend it. Let's embark on this journey to become
empowered advocates for the environment, equipped with the knowledge and skills to seek justice for our
precious natural resources.

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1. Complaint/Information Filing:

Who can file: Any concerned citizen, organization, or government agency can file a complaint or information
regarding an environmental violation.

Where to file: It's typically filed with the appropriate government agency [e.g., Bureau of Fisheries and
Aquatic Resources (BFAR) Regional Office, Bantay Dagat offices (e.g., Philippine Coast Guard and PNP
Maritime Group), Department of Environment and Natural Resources (DENR) Regional Office - Biodiversity
Management Bureau (BMB), DENR Regional Office - Environmental Management Bureau (EMB) and/or The
City or Municipal Environment and Natural Resources Office (ENRO)] or the Prosecutor's Office that has
jurisdiction over the area where the violation occurred.

What to include: The complaint or information should clearly state the:

 Specific law violated (e.g., Philippine Fisheries Code)

 Facts of the case: Describe the violation in detail – who, what, when, where, how.
 Evidence: Provide any supporting documents, photos, videos, or witness statements.

2. Investigation:

The concerned agency or Prosecutor's Office will conduct an investigation to verify the facts and gather
additional evidence.

They may inspect the site, interview witnesses, and request relevant documents.

Concerned Agencies:

 Philippine Fisheries Code of 1998

Primary Agency: Bureau of Fisheries and Aquatic Resources (BFAR)

Local Support: Bantay Dagat offices (e.g., Philippine Coast Guard and PNP Maritime Group)

 RA 9147 (Wildlife Act)

Primary Agency: Department of Environment and Natural Resources (DENR) - Biodiversity Management
Bureau
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 RA 9003 (Solid Waste Management Act)

Primary Agency: DENR - Environmental Management Bureau (EMB)

Local Implementation: Local Government Units (LGUs) - often through their Environment and Natural
Resources Offices (ENROs)

 RA 8749 (Philippine Clean Air Act)

Primary Agency: DENR - Environmental Management Bureau (EMB)

 RA 9275 (Philippine Clean Water Act)

Primary Agency: DENR - Environmental Management Bureau (EMB)

3. Resolution:

Probable cause found: If there's enough evidence to support the complaint, the Prosecutor will file a case in
court.

No probable cause: If there's insufficient evidence, the complaint may be dismissed.

Specific Laws and Filing Considerations

1. Philippine Fisheries Code of 1998

Focus: Illegal fishing, destructive fishing methods, violations in fishing permits, etc.

Filing with: Bureau of Fisheries and Aquatic Resources (BFAR) or local Bantay Dagat offices

2. RA 9147 (Wildlife Act)

Focus: Illegal trading, hunting, collecting, and possessing of wildlife.

Filing with: Department of Environment and Natural Resources (DENR) - Biodiversity Management Bureau

3. RA 9003 (Solid Waste Management Act)

Focus: Improper waste disposal, open dumping, non-segregation of waste.

Filing with: DENR - Environmental Management Bureau or local government units (LGUs)
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4. RA 8749 (Philippine Clean Air Act)

Focus: Air pollution from vehicles, factories, and other sources

Filing with: DENR - Environmental Management Bureau

5. RA 9275 (Philippine Clean Water Act)

Focus: Water pollution from industrial, commercial, and domestic sources

Filing with: DENR - Environmental Management Bureau

“THE EXPERT IN ANYTHING WAS ONCE A BEGINNER.”

- Helen Hayes