Computer Crimes

(Technology/Electronic Crimes)
SUBTITLE
Introduction
• The computer age introduces a new perspective of human
existence, I may say that it lessens the sense of morality and
increases opportunities of virtual crimes. Virtual in the sense that
victims could hardly know who their perpetrators are and victims
also falls under the category of willing victims when they submit to
the illicit fraud perpetrated by cybercriminals by not being cautious
enough and easily lured with the advertisements of easy money
that make these victims easy prey of these cunning cybercriminals.
Objectives:
• After completing the lesson, the students should be able to;

1. Gain knowledge as to the overview of the development and purpose of computer;

2. Familiarize and understand the applicable laws regulating the use of computers;
3. Gain knowledge and skills in detecting computer frauds;
4. Counter illicit computer frauds to avoid becoming a willing victim;
5. Know the process of identifying and reporting of computer frauds to authorities.
Historical Development of Computer
Brief history of Electronic Communication System
The internet as an Instrument for Crime
• Internet
-This is a global array of computers connected by a high speed reliable
network. It connects millions of computers, allowing for the rapid exchange of
information's, education, military, criminal justice system and business
professionals as well as researchers uses the system to send and retrieve
information's. It also refers to the technologies that facilitates the
transmission of data across the network.
• Internet Crime
-The second form of cybercrime has now become routine. While it is
impossible to list and discuss every element of this newly emerging problem, a
few of the most important areas are described below;
• a. Distributing illegal sexual material- the internet is ideal venue
for selling and distributing obscene material.
• b. Denial service attack- some internet criminals threatened to or
actually flood an internet site with millions of bogus messages and
or orders so that the site will be tied up and unable to perform as
promised.
• c. Illegal copyright infringement- the use or production of
copyright-protected material without the permission of the
copyright holder.
• d. Internet Securities fraud- some criminals used the internet to
intentionally manipulate the securities market place for profit.
• E. Identity Theft- occurs when someone uses the internet to steal
someone's identity and/or impersonate them.
• f. Ponzi/ Pyramid Schemes- with Ponzi schemes, investors give
money to a portfolio manager. Then, when they want their money
back, they are paid out with the incoming funds contributed by
later investors. With a pyramid scheme, the initial schemer recruits
other investors who in turn recruit other investors and so on.
• g. None Delivery of goods- this involves the non-delivery of
goods and services that were purchased or contracted remotely
through the internet. Online auction sites are a fertile ground for
fraud, Goods may never be sent or, if they are, they may be
damaged, counterfeited or stolen.
Cyber as the highway of Modern crimes
• Cyberspace- a term coined by sci-fi novelist William Gibson, who said 1999.
It is used to refer to the spaces within computers and the spaces between
computers (across computer) where people interact with information and
with each other.
• Cyber Crime- Cybercrime is a crime that involves a computer and a
network. The computer may have been used in the commission of a crime,
or it may be the target. Cybercrime may harm someone's security and
financial health.
• Cyber terrorism- Cyber terrorism is the use of the Internet to conduct
violent acts that result in, or threaten, the loss of life or significant bodily
harm, in order to achieve political or ideological gains through threat or
intimidation.
Philippine Special Laws regulating the
use of Electronics and Computers in
Business and Commerce.
 R.A.8792,otherwise known as the Electronic Commerce
Act of 2000,(E-Commerce Act)
Gives the following pertinent provisions and definitions:
• a. Electronic Commerce - strictly speaking, E-commerce refers to any transactions conducted through digital
means. It includes business to business transactions and sales of merchandise or information and products to
consumers. Though the term originally means selling things online, it has evolved to mean conducting
business online in a more general sense, including customer service functions, sales, marketing, public
relations, advertising and similar matters.
• b. Digital signature viz-a viz, paper signature - a digital signature is like a paper signature, is principally an
authentication mechanism. The process of creating a digital signature and verifying it accomplish the essential
effects desired of a signature for many legal purposes.
• c. Signer Authentication - if a public and private key pair is associated with an identified signer, the digital
signature attributes the message to the signer. The signature cannot be forged, unless the signer losses control
of the private key, such as by divulging it or losing the media or device which it is contained.
• d. Affirmative act - creating a digital signature requires the signer to use the signer's private key. This act can
perform the ceremonial function of alerting the signer to the fact that the signer is communicating a
transaction with legal consequence.
• e. Efficiency- the process of creating and verifying a digital signature provide a high level of assurance that the
digital signature is genuinely the signer's. As with the case of modern electronic data interchange (EDI) the
creation and verification processes are capable of complete automation, with human interaction required on
an exceptional basis only. Compared to paper methods, such as checking signature cards - methods so tedious
and labor-intensive that they are rarely actually used in practice, digital signature yields a high degree of
assurance without adding greatly to the resources required for processing.
R.A.4200,Anti-Wire Tapping Law
Punishable acts under the anti-wiretapping law
• Not being authorized by all the parties to the private communication or spoken word.
• b. or to:
• b.1. To tap any wire or cable, or by causing any other device or arrangement to secretly
overhear, intercept, or record such communication by suing any device.
• b.2. Whether a participant or not, to knowingly posses any tape record, wire record, disc
record, or any other such record or copies thereof.
• b.3. To replay the same to any person or persons
• b.4.To communicate the content thereof either verbally or in writing
• b.5. To furnish transcription thereof, whether complete or partial to any other person.
• b.6. Willfully, aiding, abetting or causing the above acts to be done. (Sec. 2)
R.A 10175, AN ACT DEFINING CYBERCRIME, PROVIDING FRO THE
PREVENTION, INVESTIGATYION, SUPPRESSION AND THE IMPOSITION OF
PENALTIES THEREFOR AND FOR OTHER PURPOSES.

-Section 1. Title. — This Act shall be known as the "Cybercrime Prevention

Act of 2012″.
-SECTION 4. Cybercrime offenses- The ff. acts constitute the offense of cybercrime
punishable under this act.
a) Offenses against the confidentiality, integrity and availability of computer data and
systems:
a) Offenses against the confidentiality, integrity and availability of computer data and
systems:
• (1) Illegal Access. – The access to the whole or any part of a computer system without
right.
• (2) Illegal Interception. – The interception made by technical means without right of any
non-public transmission of computer data to, from, or within a computer system
including electromagnetic emissions from a computer system carrying such computer
data.
• (3) Data Interference. — The intentional or reckless alteration, damaging, deletion or
deterioration of computer data, electronic document, or electronic data message,
without right, including the introduction or transmission of viruses.
• (4) System Interference. — The intentional alteration or reckless hindering or
interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer data
or program, electronic document, or electronic data message, without right or
authority, including the introduction or transmission of viruses.
• (5) Misuse of Devices.
• i) The use, production, sale, procurement, importation, distribution, or
otherwise making available, without right, of:

• (aa) A device, including a computer program, designed or adapted primarily

for the purpose of committing any of the offenses under this Act; or

• (bb) A computer password, access code, or similar data by which the whole
or any part of a computer system is capable of being accessed with intent
that it be used for the purpose of committing any of the offenses under this
Act.

• (ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb)

above with intent to use said devices for the purpose of committing any of
the offenses under this section.
• (6) Cyber-squatting. – The acquisition of a domain name over the
internet in bad faith to profit, mislead, destroy reputation, and
deprive others from registering the same, if such a domain name is:

• (i) Similar, identical, or confusingly similar to an existing trademark

registered with the appropriate government agency at the time of
the domain name registration:

• (ii) Identical or in any way similar with the name of a person other
than the registrant, in case of a personal name; and

• (iii) Acquired without right or with intellectual property interests in

b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data without right resulting in
inauthentic data with the intent that it be considered or acted upon for legal purposes as
if it were authentic, regardless whether or not the data is directly readable and intelligible;
or
(ii) The act of knowingly using computer data which is the product of computer-related
forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest
design.
(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of
computer data or program or interference in the functioning of a computer system,
causing damage thereby with fraudulent intent: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another,
whether natural or juridical, without right: Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1) degree lower.
c) Content-related Offenses:

(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or

indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a
computer system, for favor or consideration.

(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by
Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a
computer system: Provided, That the penalty to be imposed shall be (1) one degree higher
than that provided for in Republic Act No. 9775.1âwphi1

(3) Unsolicited Commercial Communications. — The transmission of commercial electronic

communication with the use of computer system which seek to advertise, sell, or offer for
sale products and services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or administrative
announcements from the sender to its existing users, subscribers or customers;
4) Libel. — The unlawful or prohibited acts of libel as defined in Article
355 of the Revised Penal Code, as amended, committed through a
computer system or any other similar means which may be devised in
the future
Section 5. Other Offenses. — The following acts shall also constitute
an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any person
who willfully abets or aids in the commission of any of the offenses
enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who

willfully attempts to commit any of the offenses enumerated in this Act
shall be held liable.
 • REPUBLIC ACT NO. 11930, July 30, 2022 ]
• AN ACT PUNISHING ONLINE SEXUAL ABUSE OF EXPLOITATION OF
CHILDREN, PENALIZING THE PRODUCTION, DISTRIBUTION,
POSSESSION AND ACCESS OF CHILD SEXUAL ABUSE OR
EXPLOITATION MATERIALS, AMENDING REPUBLIC ACT NO. 9160,
OTHERWISE KNOWN AS THE “ANTI-MONEY LAUNDERING ACT OF
2001”, AS AMENDED AND REPEALING REPUBLIC ACT NO. 977,
OTHERWISE KNOWN AS THE “ANTI-CHILD PORNOGRAPHY ACT OF
2009”
• Section 4. Unlawful or Prohibited Acts. — Regardless of the consent of the child, it
shall be unlawful for any person to commit the following acts through online or
offline means or a combination of both:
• (a) To hire, employ, use, persuade, induce, extort, engage, or coerce a child to
perform or participate in whatever way in the creation or production of any form of
OSAEC and CSAEM;
• (b) To produce, direct, manufacture, facilitate, or create any form of CSAEM, or
participate in the production, direction, manufacture, facilitation or creation of the
same;
• (c) To offer, sell, distribute, advertise, promote, export, or import, by any means, any
form of CSAEM;
• (d) To knowingly publish, transmit and broadcast, by any means, any form of CSAEM;
• (e) To permit or influence the child to engage, participate or assist in any form of
CSAEM;
• (f) To produce, direct, create, hire, employ or pay a facilitator to stream or live
stream acts of child sexual abuse or exploitation
• (g. To stream or live-stream acts of, or any form of, child sexual abuse and exploitation;
• (h) To recruit, transport, transfer, harbor, provide, or receive a child or to induce or
influence the same, for the purpose of violating this Act;
• (i) To introduce or match a child to a foreign national or to any person for the purpose
of committing any of the offenses under this Act;
• (j) For film distributors, theaters and ICT services by themselves or in cooperation with
other entities, to distribute any form of CSAEM or to facilitate the commission of any of
the offenses under this Act;
• (k) To knowingly benefit from, financial or otherwise, the commission of any of the
offenses of this Act;
• (l) To provide a venue for the commission of prohibited acts under this section such as
dens, private rooms, cubicles, cinemas, houses, private homes, or other establishments;
• (m) To engage in the luring or grooming of a child: Provided, That grooming taking place
offline as a prelude to violations under this Act shall also be penalized;
• (n) To sexualize children by presenting them as objects of sexual fantasy, or making
them conversational subjects of sexual fantasies, in any online or digital platform;
• (o) To engage in pandering as defined under this Act;
• (p) To willfully subscribe, join, donate to, or support an internet site
that hosts OSAEC or the streaming or live-streaming of child sexual
abuse and exploitation;
• (q) To advertise, publish, print, broadcast or distribute, or cause the
advertisement, publication, printing, broadcasting or distribution by
any means of any brochure, flyer, or any material that promotes
OSAEC and child sexual abuse or exploitation
• (r) To possess any form of CSAEM: Provided, That possession of three
(3) or more CSAEMs is prima facie evidence of the intent to sell,
distribute, publish or broadcast;
• (s) To willfully access any form of CSAEM; and
• (t) To conspire to commit any of the prohibited acts stated in this
section:
 RULES ON ELECTRONIC EVIDENCE

• Section 1. Electronic documents as functional equivalent of paper-

based documents. – Whenever a rule of evidence refers to the term
writing, document, record, instrument, memorandum or any other
form of writing, such term shall be deemed to include an electronic
document as defined in these Rules.
• Section 2. Admissibility. – An electronic document is admissible in
evidence if it complies with the rules on admissibility prescribed by the
Rules of Court and related laws and is authenticated in the manner
prescribed by these Rules.
• Section 3. Privileged communication. – The confidential character of a
privileged communication is not lost solely on the ground that it is in
the form of an electronic document.
 BEST EVIDENCE RULE
• Section 1. Original of an electronic document. – An electronic
document shall be regarded as the equivalent of an original document
under the Best Evidence Rule if it is a printout or output readable by
sight or other means, shown to reflect the data accurately.

• Section 2. Copies as equivalent of the originals. – When a document is

in two or more copies executed at or about the same time with
identical contents, or is a counterpart produced by the same
impression as the original, or from the same matrix, or by mechanical
or electronic rerecording, or by chemical reproduction, or by other
equivalent techniques which accurately reproduces the original, such
copies or duplicates shall be regarded as the equivalent of the original.
 AUTHENTICATION OF ELECTRONIC DOCUMENTS
Section 1. Burden of proving authenticity. – The person seeking to introduce an
electronic document in any legal proceeding has the burden of proving its authenticity
in the manner provided in this Rule.
Section 2. Manner of authentication. – Before any private electronic document offered
as authentic is received in evidence, its authenticity must be proved by any of the
following means:
(a) by evidence that it had been digitally signed by the person purported to have
signed the same;
(b) (b) by evidence that other appropriate security procedures or devices as may be
authorized by the Supreme Court or by law for authentication of electronic
documents were applied to the document; or
(c) (c) by other evidence showing its integrity and reliability to the satisfaction of the
judge. Section 3. Proof of electronically notarized document. – A document
electronically notarized in accordance with the rules promulgated by the Supreme
Court shall be considered as a public document and proved as a notarial document
under the Rules of Court
 • ELECTRONIC SIGNATURES
Section 1. Electronic signature. – An electronic signature or a digital
signature authenticated in the manner prescribed hereunder is
admissible in evidence as the functional equivalent of the signature of
a person on a written document.
Section 2. Authentication of electronic signatures. – An electronic
signature may be authenticated in any of the following manner:
(a) By evidence that a method or process was utilized to establish a
digital signature and verify the same;
(b) (b) By any other means provided by law; or
(c) (c) By any other means satisfactory to the judge as establishing the
genuineness of the electronic signature.
• Section 3. Disputable presumptions relating to electronic signatures.
– Upon the authentication of an electronic signature, it shall be
presumed that:
• (a) The electronic signature is that of the person to whom it
correlates;
• (b) The electronic signature was affixed by that person with the
intention of authenticating or approving the electronic document to
which it is related or to indicate such person's consent to the
transaction embodied therein; and
• (c) The methods or processes utilized to affix or verify the electronic
signature operated without error or fault.
• Section 4. Disputable presumptions relating to digital signatures. –
Upon the authentication of a digital signature, it shall be presumed,
in addition to those mentioned in the immediately preceding section,
that:
• (a) The information contained in a certificate is correct;
• (b) The digital signature was created during the operational period of
a certificate;
• (c) No cause exists to render a certificate invalid or revocable;
• (d) The message associated with a digital signature has not been
altered from the time it was signed; and,
• (e) A certificate had been issued by the certification authority
indicated therein.
 EVIDENTIARY WEIGHT OF ELECTRONIC DOCUMENTS
Section 1. Factors for assessing evidentiary weight. – In assessing the evidentiary weight of an
electronic document, the following factors may be considered:
(a) The reliability of the manner or method in which it was generated, stored or communicated,
including but not limited to input and output procedures, controls, tests and checks for
accuracy and reliability of the electronic data message or document, in the light of all the
circumstances as well as any relevant agreement;
(b) (b) The reliability of the manner in which its originator was identified;
(c) (c) The integrity of the information and communication system in which it is recorded or
stored, including but not limited to the hardware and computer programs or software used as
well as programming errors;
(d) (d) The familiarity of the witness or the person who made the entry with the communication
and information system;
(e) (e) The nature and quality of the information which went into the communication and
information system upon which the electronic data message or electronic document was
based; or
(f) (f) Other factors which the court may consider as affecting the accuracy or integrity of the
electronic document or electronic data message
• Section 2. Integrity of an information and communication system. – In any
dispute involving the integrity of the information and communication
system in which an electronic document or electronic data message is
recorded or stored, the court may consider, among others, the following
factors:
• (a) Whether the information and communication system or other similar
device was operated in a manner that did not affect the integrity of the
electronic document, and there are no other reasonable grounds to doubt
the integrity of the information and communication system;
• (b) Whether the electronic document was recorded or stored by a party
to the proceedings with interest adverse to that of the party using it; or
• (c) Whether the electronic document was recorded or stored in the usual
and ordinary course of business by a person who is not a party to the
proceedings and who did not act under the control of the party using it.
 EXAMINATION OF WITNESSES
Section 1. Electronic testimony. – After summarily hearing the parties pursuant to
Rule 9 of these Rules, the court may authorize the presentation of testimonial
evidence by electronic means. Before so authorizing, the court shall determine
the necessity for such presentation and prescribe terms and conditions as may be
necessary under the circumstances, including the protection of the rights of the
parties and witnesses concerned.
Section 2. Transcript of electronic testimony. – When examination of a witness is
done electronically, the entire proceedings, including the questions and answers,
shall be transcribed by a stenographer, stenotypist or other recorder authorized
for the purpose, who shall certify as correct the transcript done by him. The
transcript should reflect the fact that the proceedings, either in whole or in part,
had been electronically recorded. Section
3. Storage of electronic evidence. – The electronic evidence and recording
thereof as well as the stenographic notes shall form part of the record of the
case. Such transcript and recording shall be deemed prima facie evidence of such
 AUDIO, PHOTOGRAPHIC, VIDEO, AND EPHEMERAL EVIDENCE
Section 1. Audio, video and similar evidence. – Audio, photographic and video
evidence of events, acts or transactions shall be admissible provided it shall be shown,
presented or displayed to the court and shall be identified, explained or authenticated
by the person who made the recording or by some other person competent to testify
on the accuracy thereof.
Section 2. Ephemeral electronic communications. – Ephemeral electronic
communications shall be proven by the testimony of a person who was a party to the
same or has personal knowledge thereof. In the absence or unavailability of such
witnesses, other competent evidence may be admitted.
A recording of the telephone conversation or ephemeral electronic communication
shall be covered by the immediately preceding section.
If the foregoing communications are recorded or embodied in an electronic
document, then the provisions of Rule 5 shall apply.
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