Republic Act No 10175

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[ Republic Act No.

10175 ] CYBERCRIME PREVENTION ACT OF 2012

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION
OF PENALTIES THEREFOR AND FOR OTHER PURPOSES

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

CHAPTER I

PRELIMINARY PROVISIONS

SECTION 1. Title. — This Act shall be known as the “Cybercrime Prevention Act of 2012”.

SEC. 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.

SEC. 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.

-pwede mo ng magamit

(b) Alteration refers to the modification or change, in form or substance, of an existing computer data or program.

- binago mo

(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.
(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.

(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.

(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.

Content data - Communication content

National Cybersecurity Plan - Comprehensive plan of actions designed improved the security .

-National objectives and priorities.

Digital evidence - Digital information that may used as evidence in a case.

Internet Service Provider - public entity provide service.

Forensic - application of investigative and analysis techniques that conform to evidentiary standards (court).

Forensic image- exact bit by bit copy of data carrier

Digital natives- who grew up into a world that was already digital and spends a large amount of their live in.

Mutual Legal Assistance Treaties (MLATs)- provide for the sharing of information and evidence related to criminal
investigations and prosecutions including drug trafficking and narcotics related money laundering.

DOJ- OFFICE OF CYBER CRIME - central authority in all matters related to international.

SECRETARY OF JUSTICE -Special prosecutors shall be assigned to handle cyber crime related cases.

Denial of service-prevent users for particular service .

Digital immigrants- before the creation and wide spread use of tbe internet and digital technologies

Cyber space- environment created by linking computers togethers into a communication network

Computer forensic- locating extracting and analysing different types of data from digital evidence.

Malicious Software- code that causes damage to computer system.

CERT- Computer emergency response team

- extend immediate assistance for the suppression of real time commision of cyber crime offenses.

-CICC power to formulate national cyber security plan.

- under office of the president.


-established policy coordination among concerned agencies enforement national cyber security plan is headed by
executive director.

Flore- plant

fauna- animals

wildlife - wild forms and varieties of flaura and fauna.

Conservation- prevention of wasteful use of resoirce.

Quarrying- extracting removing and disposing quarry

resources found on the underneath the surface.

Aquatic pollution- deleterious effects as to harm the marine environment.

Court- all computer data seized and recoverd by the lea shall be turn over to.

CHAPTER II

PUNISHABLE ACTS

SEC. 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:

Illegal Access. – The access to the whole or any part of a computer system without right.

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.

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.

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.

(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.

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:

(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.

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.

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.

Content-related Offenses:

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.

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.
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.

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

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:

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.

(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.

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.

SEC 5.. Other Offenses. — The following acts shall also constitute an offense:

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.

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.. 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.

SEC. 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

SEC. 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 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.

SEC. 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).

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

SEC. 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.

SEC. 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.

SEC. 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.

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.

SEC. 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.
SEC. 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.

SEC. 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;

(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.

SEC. 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 then 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.

SEC. 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.

SEC. 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.
SEC. 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.

SEC. 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
correctional 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

SEC. 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

Sec. 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

SEC 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.

SEC. 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.

SEC. 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.
SEC. 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 bandied by participating law enforcement and prosecution agencies;

(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

SEC. 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000.00) shall be appropriated annually for the
implementation of this Act.

SEC. 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.

SEC. 29. Separability Clause — If any provision of this Act is held invalid, the other provisions not affected shall remain in
full force and effect.

SEC. 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.

SEC. 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.

ICT- information communication and technology


digital evidence / electrical evidence

What is Digital Evidence?

Data obtained from ICT that can be used in a court of law is known as digital evidence or electronic evidence,

These are information or valuable data stored on a computer or a mobile device or other electronic device that was seized
by a law enforcement organization as part of a criminal investigation and it can be used as evidence in court

Kinds of digital evidence

1. Volatile evidence- madaling mawala

-Memory that loses its content once the power is turned off like data stored in RAM. includes information of the
programs that are currently being processed by the computer

2. Non volatile evidence- permanent

-No change in content even if the power is turned off For example, data stored in a tape, hard drive, CD/DVD, and ROM

example;

-naka save sa usb

- naka save sa tv

Digital forensic

-The process of identifying, acquiring, preserving, analyzing/examining electronic/digital evidence is known as Digital
Forensics.

- The scientific examination and analysis of data held on or retrieved from computer storage media or network and its
presentation in a manner legally acceptable to a Court.

Digital footprints

- mga naiiwan na information once na commit ng cyber criminal.

-Refers to the data left behind by ICT users that can reveal information about them.

Digital forensics

is also underpinned by forensic principles, of Edmond Locard's "exchange principle" which holds that "objects and surfaces
that come into contact will transfer material from one to another."
• Active digital footprint

-It is created by data provided by the user, such as personal information, videos, images, and comments posted on apps,
websites, socal media, and other online forume

-An active digital footprent indudes data that you intentionally submit

- nang scam ka ginawa mo un nisubmit mo yon intentionally .

•Passive digital footprint

-Data that is obtained and unintentionally left behind by the users of the Internet and digital technology

- unintentionally naiiwan mo

- ex. may ninsearch ka don ka kumukuha ng ponographic materials ng mga bata ngayon may mga police na kita nila dimo
naman intensyon na maiwan yon.

Crime Scene in Cybercrime Cases

With respect to cybercrime, the crime scene is not limited to the physical location of digital devices used in the
commissions of the cybercrime and/or that were the target of the cybercrime.

The cybercrime crime scene also includes the digital devices thal potentially hold digital evidence, and spans multiple
digital devices, syslems, and servers.

- mga digital device kung san makukuha ung evidence .

ex.usb andon lahat ng evidence laptop un ang may laman ng evidence consider as crime scene.

Phase the search for recogniton of relevant evidence:

1.Identification phase

- searching and recognizing relevant evidence

-This phase includes the search for and recognition of relevant evidence, as well as its documentation. In this phase, the
priorities for evidence collection are identified based on the value and volatility of evidence.

Also, In the identification phase, preliminary information is obtained about the cybercrime case prior to collecting digital
evidence. This preliminary information (Six Cardinal Points of Investigation) is similar to that which is sought during a
traditional criminal investigation.

take note: when you collect evidence priority the most volatile evidence.

2.Collection phase

-mismong device kinukuha mo


-This phase involves the collection of all digital devices that could potentially contain data of evidentiary value. The
investigator, or crime scene technician, collects the evidence.

The collection procedures vary depending on the type of digital device.

3.Acquisition phase - ung laman

Those collected devices are then transported back to a forensic laboratory or other facility for acquisition and analysis of
digital evidence. This process is known as static acquisition

However, there are cases in which static acquisition is unfeasible. In such situations, live acquisition of data is conducted.
It is the way to collect digital evidence when a computer is powered on and the suspect has been logged on to.

1.Static aquisition -pag naka turn off dadakin mo sa laboratory then dun mo kukunin ung laman

2.live acquisition- naka sindi, hayaan mo lang naka turn on kunin mo ung nga volatile data and after i turn off mo na .

Take Note: At the forensics laboratory, digital evidence should be acquired in a manner that preserves the integrity of
the evidence.

This obtainment of data without altering will be accomplished by creating a copy of the original content of the digital
device specifically a storage device

(the process is known as forensic imaging) while using a device known as write blocker that is designed to prevent the
alteration of data during the copying process.

write blocker- ito ung mag ensure na walang mag babago don sa ginagawa mong duplicate copy .

Hash value refers to the mathematical algorithm produced against digital information (a file, a physical disk or a logical
disk) thereby creating a "digital fingerprint" or "digital DNA for that information. It is a one-way algorithm and thus it is not
possible to change digital evidence without changing the corresponding hash values.

Logical extraction- nakikita mo na

It creates a copy of the user accessible filos such as phonebook, calls, messages, some app data and other data you can
see if you manually examine each screen on the device. Logical extraction is easier and less time-consuming but returns
less information.

Physical extraction- mas detail at comprehensive

- It is the most comprehensive and invasive of all the extractions and includes all ünallocated space on the phone which is
why it may include deleted files. Physical extraction is more difficult and takes much longer but has a greater retum of
hidden or deleted information.

4.Preservation

-Evidence preservation seeks to protect digital evidence from modification. The integrity of digital devices and digital
evidence can be established thru maintaining the chain of custody, which is defined as the process by which investigators
preserve the crime scene and evidence throughout the life cycle of a case.
5.Analysis - dito na interpret

The digital forensics process also involves the examination and interpretation of digital evidence. This phase requires the
use of appropriate digital forensic tools and methods to uncover digital data There are numerous digital forensics tools on
the market of varying qualities. (Examples of digital forensics tools include Encase, IEF, and Autopsy)

Common types of Analyses that can be performed:

1.Time-frame analysis- malalaman mo kung anong oras

seeks to create a timeline or time sequence of actions using time stamps (date and time) that led to an event or to
determine the time and date a user performed some action.

2.Ownership and possession-makikita mo ung lahat ng nag modify

analysis in used to determine the person who created accessed, and/or modified files on a computer system.

3.Application and file analysis -ang iniiexamine mo ung program at un intent ng perpetrator

is performed to examine applications and system to determine the cybercrime Bles on a computer perpetrator's
knowledge of and infent and capabilities to commit.

4.Data hiding analysis-kung gusto mo mo hanapin ung nga ni hide ng nga criminal

searches for hiddon data on a a system. Criminals use several data hiding techniques sto conceal their illicit activities and
identifying information, such as using as sleganography and encryption.

In the world of cybersecurity,

1. sleganography is the technique of hiding secret data within a non-secret, ordinary file or message to avoid being
detected.

2.Encryption physically blocking third-party access to a file, either by using a password or by rendering the file or aspects
of the file unusable

- para di maacess ng iba nilalagyan mo ng password

7.reporting

The results of the analysis are documented in a report. This phase includes a detailed description of the steps taken
throughout the digital forensics process, the digital evidence uncovered, and the conclusions reached based on the results
of the digital forensics process and the evidence revealed.
1.Hardware

The physical components of a computer system

2. Software

These are the instructions that tell the computer what to do and how to do it.

✓Output Devices-

-An output device is any hardware component that gives information to the user

*Monitor

*Printer

*Speaker

✓Processing Devices

responsible for the processing of Information within the computer system

*Central Processing Unit-


considered as the brain of the computer

*Motherboard-

considered as the backbone of the computer.

The two main categories of software:

•System software -

The system software also called the operating system (OS) which actually runs the computer.

• Application software -

is a program that allows users to a specific task on the computer.

Common examples of application software:

-Word Processing Applicaton

-Spreadsheet Application

-E-mail Application

-Internet Application

Storage Media

-Storage keeps data, information and instructions for use in the future.

Primary storage:

RAM (Random Access Memory) -

1.It is the primary storage of a computer. When you're working on a file on your computer, it will temporanly store data in
your RAM

2. It allows you to perform everyday tasks like opening applications, loading webpages, editing a document or playing
games, and allows you to quickly jump from one task to another without losing your progress.

Secondary Storage

Hard Disk Drives (HDD)-


Hard disk drives are commonly used as the main storage device in a computer. HDDs often store operating system,
software programs and other files. These are magnetic storage devices

Solid-state drives (SSD)

is a new generation of storage device used in computers SSDs replace traditional mechanical hard disks by using
flash-based memory, which is significantly faster SSDs don't rely on magnets and disks, instead they use a type of flash
memory called NAND.

√External storage devices

-External hard drive - is a device which is plugged into your machine to give almost immediate storage space, without the
need to open or use your computer's internal storage.

1.Floppy disks

were the first widely available portable, removable storage devices. They work in the same way as hard disk drives,
although at a much smaller scale.

2.CDs, DVDs, and Blu-Ray disks

are used for a lot more than just playing music and videos-they also act as storage devices, and collectively they're known
as optical storage devices or optical disk media.

-Flash memory devices - these are small, portable storage devices that have long been a popular choice for extra
computer storage. The most recognizable type of flash memory device is the USB flash drive.

General types of Cybercrime Attacks

Hacking

It can refer to malicious or non-malicious activities, usually involving unusual or improvised alterations to equipment or
processes. An individual who involves themselves in hacking activities is known as a hacker

Take Note: Hacking can be described as gaining unauthorized access to a computer system by Improper means

Unauthorized access

can be describes as gaining access to a computer system using usual/simple means of access but without consent.

•White hats

also known as ethical hackers, strive to operate in the publics best interest. rather than to create turmoil. Many white hat
hackers work doing penetration, to attempt to break into the company's networks to find and report on security
vulnerabilities.
•Black hat hackers

This kind of hackers, hack to take control over the system for personal gains. They destroy, steal and even prevent
authorized users from accessing the system.

•Gray hat hackers

They belong to the neutral zone. They act in the middle ground between white hat hackers, who operate on behalf of
those maintaining secure systems, and sometimes act as black hat hackers who act maliciously to exploit vulnerabilities in
systems.

Cracking
-Unlike hacking, cracking refers specifically to the act of bypassing security measures for malicious purposes. Crackers,
often known as "black hat" hackers, engage in activities such as illegally accessing software, distributing pirated content,
or stealing sensitive information.

Types of Cracking

1.Software cracking.

Usually, software cracking is done to remove paid software requirements or pop-up purchase reminders so that people
can access the software for free. "Cracked" software is a paid program that has had its copy protections removed.

2.Network cracking

is the act of Infiltrating a local area network (LAN).Sometimes referred to as web cracking or wired equivalent privacy
(WEP) cracking, this usually involves accessing poorly secure networks.

3.Password cracking

is the act of stealing people's passwords from dabases.

Cyber Fraud

- is the crime committed via a computer and internet with the intent to corrupt/steal another individual's personal and
financial information stored online from people illegally by deceiving them.

Spoofing or Phishing - Spoofing is a type of scam in which criminals attempt to obtain someone's personal information
by pretending to be a legitimate source.

Types of Phishing/Spoofing

1).Email Spoofing

Email spoofing is a technique used in spam and phishing attacks to trick users into thinking a message came from a
person or entity they either know of can trust, in email spoofing attacks, the sender forges email headers so that client
software display's the fraudulent sender address, which most users take at face value
2).Text Message Spoofing

Sometimes referred to as smishing The text message may appear to come from a legitimate source, such as your bank.
It may request that you call a certain phone number or click on a link within the message, with the goal of getting you to
divulge personal information.

3).Url spoofing

set up a fraudulent website to obtain informalion from victims or to install malware on their computers.

4).Lottery Frauds -

These are emails, which inform the recipient that he/she has won a prize in a lottery.

5).Credit Card Fraud-

Credit card fraud is the unauthorized use of a credit or debit card, or similar payment tool to fraudulenilly obtain
money or property Credit and debit card numbers can be stolen from unsecured websites or can be oblained in an identity
theft scheme.

6).Denial of Service attacks DoS

attacks accomplish this by flooding the target with traffic, or sending many information that triggers a crash on
someone's computer or computer network.

7).Distributed denial-of-service attack (DDoS attack )

occurs when multiple systems flood the bandwidth or resources of a targeted system, usually one or more web servers.

8).Salami Slicing Attack -

A "salami slicing attack" is a technique by which cyber-criminals steal money or resources a bit at a time so that it will
be remain unnoticeable.

Cyber-crimes

can be best defined as "Offenses that are committed against individuals or groups of individuals with a criminal motive
to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly of indirectly using
modem telecommunication networks such as the Internet and mobile phones and computers and similar devices.
What is Cyber Criminology?

Cyber Criminology is the study of causation of comes that occur in the cyberspace and es impact in the physical space
(Jashankar 2007)

*Historical Accounts of Cybercrime

The computer as we know it today had its beginning on 19 century. English Mathematics Professor named Charles
Babbage designed the Analytical Engine and this design was used as basic framework of the computers of today are based
on.

*The first recorded cybercrime took place in the year 1820.

*The first person to be found guilty of cybercrime was lan Murphy, also known as Captain Zap, and that happened in the
year 1981.

*The first unsolicited bulk commercial email was sent by a Digital Equipment Corp marketing representative to every
ARPANET (Advanced Research Projects Agency Network) address on the west coast of the United States on May 3, 1978.
The message promoted the availability of a new model of computer and was sent by Gary Thuerk to 393 recipients.

*What was the affect of I Love You Virus Case on the Philippine Legislation?

In order to curb the threat posed by cybercrime, the Philippine Congress enacted Republic Art (RA) 8792, otherwise
known as the "Electronic Commerce Act of 2000". This was signed into law on 14 June 2000.

Some of the salient features of the Act are as follows:

*Provides for the admissibility of electronic documents in court cases

•Penalizes limited online crime, such as hacking, introduction of viruses


•Penalizes piracy through the use of telecommunication networks, such as the Intermet, that infringes intellectual
property rights is punishable.

•Promotes e-commerce in the country

Take Note: RA 8782 is considered the landmark law in the history of the Philippines since it has placed the Philippines
among the countries penalizing cybercrime.

Likewise, the Supreme Court drafted the Rules on Electronic Evidence, which took effect on 1 August 2000, to emphasize
the admissibility of evidence in electronic form, subject to its authenticity and reliability.

•The first Filipino to be convicted of cybercrime, was JJ MARIA GINER

He was convicted in September 2005 by Manila MTC Branch 14 Judge Rosalyn Misles-Loja Giter pleaded guilty hacking the
government portal "gov phi" and other government websites.

•He was sentenced to one to two years of imprisonment and fined Php100,000. However, he immediately applied for
probation which was eventually granted by the court.

•The conviction of Giner is considered a landmark case as he is the first local hacker to be convicted under section 33a of
the E-Commerce Law or Republic Act 8792.

What are the types of Cybercrime Warrants?

*Warrant to Disclose Computer Data (WDCD)

The Warrant to Disclose Computer Data (WDCD) authorizes law enforcement to issue an order to disclose or submit
subscriber's information, traffic data, or relevant data in the possession or control of a person or service provider within
seventy-two (72) hours from the receipt of the order.

*Warrant to Examine Computer Data (WECD)


Upon acquiring possession of a computer divide or computer system via a lawful warrantless arrest, or by any other lawful
method. law enforcement authorities shall first apply for a WECD before searching the said computer device or computer
system for the purpose of obtaining forensic examination the computer data contained therein.

*Warrant to Search, Seize, and Examine Computer Data (WSSECD)

An order authorizing law enforcement authorities to search a particular place for items to be seized and/or examined.

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 Rules, and to:

✓Search and seize computer data:

✓Secure a computer system or a computer data storage medium;

✓Make and retain a copy of those computer data secured;

✓Maintain the integrity of the relevant stored computer data;

✓Conduct forensic analysis or examination of the computer data storage medium, and Render inaccessible or remove
those computer data in the accessed computer or computer and communications network.

*Warrant to Intercept Computer Data (WICD)

authorizes law enforcement to listen, record, monitor, or surveil the content of the communications through electronic
eavesdropping or tapping devices, at the same time the communication is occurring.
Take Note: The four warrants described above are only obtained by law enforcement agencies (PNP of the NBI) from
Regional Trial Courts specially designated to handle cybercrime cases. Thus, private complainants will need to coordinate
with such agencies if such warrants are to be obtained.

Preservation Order

•An order requiring a service provider to keep, retain and preserve:

•The integrity of traffic data and subscriber's information for a minimum period of 6 months from the date of transaction.

•Content data for 6 months from the date of receipt of the order

"""Where to file an application for a warrant"""

Before any of the designated cybercrime courts of the province or the city where the offense or any of its elements has
been committed, is being committed, or is about to be committed, or where any part of the computer system used is
situated, or where any of the damage caused to a natural or juridical person took place

Take Note: Cybercrime courts in Quezon City, the City of Manila, Makati City, Pasig City, Cebu City, Iloilo City, Davao City
and Cagayan de Oro City shall have the special authority to act on applications and issue warrants which shall be
enforceable nationwide and outside the Philippines.

Effective Period of Warrants

For the length of time as determined by the court, which shall not exceed 10 days from its issuance Extendible, based on
justifiable, for not more than 10 days from the expiration of the original period.
known as the "Wildlife Resources Conservation and Protection Act."

Section 2. Declaration of Policy. It shall be the policy of the State to conserve the country's wildlife resources and their
habitats for sustainability. In the pursuit of this policy, this Act shall have the following objectives:

(a) to conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological
diversity;

(b) to regulate the collection and trade of wildlife;

(c) to pursue, with due regard to the national interest, the Philippine commitment to international conventions, protection
of wildlife and their habitats; and

(d) to initiate or support scientific studies on the conservation of biological diversity.


Section 3. Scope of Application. The provisions of this Act shall be enforceable for all wildlife species found in all areas of
the country, including protected areas under Republic Act No. 7586, otherwise known as the National Integrated
Protected Areas System (NIPAS) Act, and critical habitats. This Act shall also apply to exotic species which are subject to
trade, are cultured, maintained and/or bred in captivity or propagated in the country.

Section 4. Jurisdiction of the Department of Environment and Natural Resources and the Department of Agriculture. The
Department of Environment and Natural Resources (DENR) shall have jurisdiction over all terrestrial plant and animal
species, all turtles and tortoises and wetland species, including but not limited to crocodiles, waterbirds and all
amphibians and dugong. The Department of Agriculture (DA) shall have jurisdiction over all declared aquatic critical
habitats, all aquatic resources including but not limited to all fishes, aquatic plants, invertebrates and all marine mammals,
except dugong. The secretaries of the DENR and the DA shall review, and by joint administrative order, revise and
regularly update the list of species under their respective jurisdiction. In the Province of Palawan, jurisdiction herein
conferred is vested to the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611.

CHAPTER II

DEFINITION OF TERMS

Section 5. Definition of Terms. As used in the Act, the term:

(a) "Bioprospecting" means the research, collection and utilization of biological and genetic resources for purposes of
applying the knowledge derived there from solely for commercial purposes;

(b) "By-product or derivatives" means any part taken or substance extracted from wildlife, in raw or in processed form.
This includes stuffed animals and herbarium specimens;
(c) "Captive-breeding/culture or propagation" means the process of producing individuals under controlled conditions or
with human interventions;

(d) "Collection or collecting" means the act of gathering or harvesting wildlife, its by-products or derivatives;

(e) "Conservation" means preservation and sustainable utilization of wildlife, and/or maintenance, restoration and
enhancement of the habitat;

(f) "Critically endangered species" refers to a species or subspecies that is facing extremely high risk of extinction in the
wild in the immediate future;

(g) "Economically important species" means species or subspecies which have actual or potential value in trade or
utilization for commercial purpose;

(h) "Endangered species" refers to species or subspecies that is not critically endangered but whose survival in the wild is
unlikely if the causal factors continue operating;

(i) "Endemic species" Means species or subspecies which is naturally occurring and found only within specific areas in the
country;

(j) "Exotic species" means species or subspecies which do not naturally occur in the country;

(k) "Export permit" refers to a permit authorizing an individual to bring out wildlife from the Philippines to any other
country;

(l) "Gratuitous permit" means permit issued to any individual or entity engaged in noncommercial scientific, or
educational undertaking to collect wildlife;

(m) "Habitat" means place or environment where species or subspecies naturally occur or has naturally established its
population;
(n) "Import permit" refers to a permit authorizing an individual to bring in wildlife from another country;

(o) "Indigenous wildlife" means species or subspecies of wildlife naturally occurring or has naturally established population
in the country;

(p) "Introduction" means bringing species into the wild that is outside its natural habitat;

(q) "Reexport permit" refers to a permit authorizing an individual to bring out of the country a previous imported wildlife;

(r) "Secretary" means either or both the Secretary of the Department of Environment and Natural Resources and the
Secretary of the Department of Agriculture;

(s) "Threatened species" a general term to denote species or subspecies considered as critically endangered, endangered,
vulnerable or other accepted categories of wildlife whose population is at risk of extinction;

(t) "Trade" means the act of engaging in the exchange, exportation or importation, purchase or sale of wildlife, their
derivatives or by-products, locally or internationally;

(u) "Traditional use" means utilization of wildlife by indigenous people in accordance with written or unwritten rules,
usage, customs and practices traditionally observed, accepted and recognized by them;

(v) "Transport permit" means a permit issued authorizing an individual to bring wildlife from one place to another within
the territorial jurisdiction of the Philippines;

(w) "Vulnerable species" refers to species or subspecies that is not critically endangered nor endangered but is under
threat from adverse factors throughout their range and is likely to move to the endangered category in the near future;
(x) "Wildlife" means wild forms and varieties of flora and fauna, in all developmental stages, including those which are in
captivity or are being bred or propagated;

(y) "Wildlife collector's permit" means a permit to take or collect from the wild certain species and quantities of wildlife
for commercial purposes; and

(z) "Wildlife farm/culture permit" means a permit to develop, operate and maintain a wildlife breeding farm for
conservation, trade and/or scientific purposes.

Composting

shall refer to the controlled decomposition of organic matter by micro-organisms, mainly bacteria and fungi, into a
humuns-like product.

Ecological solid waste management

shall refer to the systematic administration of activities which provide for segregation at source, segregated
transportation, storage, transfer, processing, treatment, and disposal of solid waste and all other waste management
activities which do not harm the environment.

*Generation

-shall refer to the act or process of producing solid waste

*Generator

-shall refer to a person, natural or juridical, who last uses a material and makes it available for disposal or recycling.

*Hazardous waste shall refer to solid waste or combination of solid waste which because of its quantity, concentration or
physical, chemical, or infectious characteristics
-Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating
reversible, illness; or

-Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed.

*Leachate

shall refer to the liquid produced when waste undergo decomposition, and when water percolate through solid waste
undergoing decomposition. It is contaminated liquid that contains dissolved and suspended materials;

- ito liquid or katas na nanggaling sa basura.

*Materials recovery facility

- includes a solid waste transfer station or sorting station, drop-off center, a composting facility, and a recycling facility.

*Municipal waste

shall refer to wastes produced from activites within local government units which include a combination of domestic,
commercial, institutional, and industrial wastes and street litters.

*Open dump

shall refer to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning
and consideration for environmental and health standards.

-pag tatapon ng basura na walang pagplaplano at consideration sa environmental and health standard.

*Recyclable material

shall refer to any waste material retrieved from the waste stream and free from contamination that can still be converted
into suitable beneficial use or for other purposes.

*Recycled material

shall refer to post-consumer material that has been recycled and returned to the economy.

*Recycling
shall refer to the treating of used or waste materials through a process of making them suitable for beneficial use and for
other purposes.

It includes any process by which solid waste materials are transformed into new products in such a manner that the
original products may lose their identity, and which may be used as raw materials for the production of other goods or
services.

*Buy-back center"

shall refer to a recycling center that purchases or otherwise accepts recyclable materials from the public for the purpose
of recycling such materials.

-sila ung tumatanggap ng materials galing sa public para i recycle.

*Segregation

at source shall refer to a solid waste management practice of separating, at the point of origin, different materials found
in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and
disposal.

*Special wastes

shall refer to household hazardous wastes such as paints, thinners, household batteries, lead-acid batteries, spray
canisters and the like These wastes are usually handled separately from other residential and commercial wastes.

*Yard waste

shall refer to wood, small or chipped branches, leaves, grass clippings. garden debris, vegetable residue that is recognized
as part of a plant or vegetable and other materials identified by the Commission.

Ra9175

It refers to an Act Regulating the ownership, possession, sale, importation and use of chainsaws, penalizing violations
thereof and for other purposes.

Chain saw

- shall refer to any portat rendered operative by an electric of means, that may be used for, but is cutting of timber
Chain saw dealer

-shall refer to a person, natural or juridical, engaged in the manufacture, importation, distribution, purchase and/or sale of
chain saw

Who are Persons Authorized to Possess a

Use a Chain Saw?

The Department is hereby authorized to issus permits to possess and/or use a chain saw for the felling and/or cutting of
trees, timber and other forest or agro-forest products to any applicant who:

• has a subsisting timber license agreement, production sharing agreement, or similar agreements, or a private land
timber permit.

"""What are the punishable acts under RA 9175?"""

•Selling, Purchasing, Re-selling Transferring, Distributing or Possessing a Chain Saw Without a Proper Permit - Any person
who sells, purchases, transfers the ownership, distributes, or otherwise disposes or possesses a chain saw without first
securing the necessary permit from the Department.

•Unlawful Importation or Manufacturing of Chain Saw Any person who Imports or manufactures a chain saw without
obtaining prior authorization from the Department shall be punished.

•Tampering of Engine Serial Number. - Any person who is found to have defaced or tampered with the original registered
engine serial number of ariy chain saw unit shall be punished.

•Actual Unlawful Use of Chain Saw. Any person who is found to be in possession of a chain saw and uses the same to cut
trees and timber in forest land or elsewhere except as authorized by the Department shall be penalized.

Take Note: If the violation under this Section is committed by or through the command or order of another person,
partnership or corporation, the penalties heren provided shall Ikewise be imposed on such other person of the
responsible officer(s) in such partnership of corporation. And if the offender is a public official or employee, in addition to
the above penalties, he shall be removed from office and perpetually disqualified from holding any public office
Take Note: The chain saws confiscated under this Section shall be sold at public audion to qualified buyers and the
proceeds thereof shall go to the Department

Republic Act No. 10173, also known as the Data Privacy Act of 2012

Data subject - ung taong may ari

-ung taong kinuhanan mo ng information.

Personal information controller

refers to a natural or juridical person, or any other body who controls the processing of personal data, or instructs
another to process personal data on its behalf.

-nag decide kung ano ung kukunin at kung bakit kukuhanin

The term excludes

1. A natural of juridical person, or any other body, who performs such functions as instructed by another person or
organization; or

natural - individual ,human being

juridical- company

2. A natural person who processes personal data in connection with his or her personal, family, or household affairs.

Personal information processor-refers to any natural or juridical person or any other body to whom a personal
information controller ma/outsource or instruct the processing of personal data pertaining to a data subject;

- sya mismo ung nag collect or nag process ng information.

*Considered sensitive personal information:

•lahi

•race

•age

•ethnic
•gender

•regiligion

•health record

•educational attainment

•offense you commit crime

•mga ni issue ng goverment like sss number passport number

*personal information-identity tumutungkoy sa tao

✓ name

take note; pagmkumalat tong mga to liable ka like ung sensitive info at personal info.

Following acts is punishable under RA 10173

1. Unauthorized Processing of Personal Information and Sensitive Personal Information

•Who process personal information and/or sensitive personal information without the consent of the data subject, or
without being authorized under the Act or any existing law.

-nag collect ka or nag process ka ng walang consent ng isang tao kinuha mo ung sensitive information nya.kumma

2.Accessing Personal Information and Sensitive Personal Information Due to Negligence

•Due to negligence, provided access to personal information and sensitive personal information without being authorized
under the Act or any existing law.

- dimo binigay intentionally dahil sa kapabayaan mo nabigay mo ng access ung ibang tao .

liable ka pwede ka kasuhan.

Improper Disposal of Personal Information and Sensitive Personal Information Who knowingly or negligently dispose,
discard, or abandon the personal information of an individual in an area accessible to the public or has otherwise placed
the personal information and sensitive personal information of an Individual in its container for trash collection.

3.Unauthorized Access or Intentional Breach

-Persons who knowingly and unlawfully, or violating data confidentiality and security data systems, breaks in any way into
any system where personal and sensitive personal information are stored
-kayo na mismo nag access tinignin at kinuhanung nga sensitive .

-ni disclose mo na wala nman cosent

4.Accessing Personal Information and Sensitive Personal Information Due to Negligence

Due to negligence, provided access to personal information and sensitive personal information without being authorized
under the Act or any existing law.

-alam nyo nag commit sila ng intentional breach hindi sinumbong .

✓Malicious Disclosure

Any personal information controller or personal information processor, or any of its officials, employees or agents, who,
with malice or in bad faith, discloses unwarranted or false information relative to any personal information or sensitive
personal information obtained by him or

-ni diclose mo pero mali pa nag bigay ka ng info mali naman

✓Unauthorized Disclosure

•Any personal information controller or personal information processor, or any of its officials, employees, or agents, who
discloses to a third party personal information and sensitive personal information not covered by the immediately
preceding section without the consent of the data subject.

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