Case Summary (G.R. No. 203335)
Enumerated Cybercrime Offenses
R.A. 10175 categorizes punishable acts as:
• Offenses against confidentiality, integrity, availability of computer data/systems (e.g., illegal access, data interference, system interference, cyber-squatting)
• Computer-related offenses (forgery, fraud, identity theft)
• Content-related offenses (cybersex, child pornography, unsolicited commercial communications, cyber-libel)
• Other offenses (aiding, abetting, attempt).
Temporary Restraining Order
The Supreme Court enjoined implemention of the cybercrime law pending resolution of constitutional issues, extending its TRO on February 5, 2013.
Challenges to Cybercrime Provisions
Petitioners contend that multiple provisions violate due process, equal protection, freedom of speech and press, privacy of communication, and the ban on unreasonable searches and seizures.
Rulings on Offenses Against Data and Systems
Illegal Access/Data Interference/Cyber-squatting/Identity Theft
All these offenses are universally condemned, bear no direct link to protected expression, and are upheld as valid exercises of the State’s police power. A fine line separates these acts from journalistic or research activities, and ethical hackers with client authorization remain exempt.
Rulings on Content-Related Offenses
Cybersex
Section 4(c)(1) must be construed to punish only commercialized or exploitative online pornography and cyber-prostitution—not consensual private exchanges. The Court upholds it as constitutional under this narrow construction.
Child Pornography
Section 4(c)(2) merely extends the Anti-Child Pornography Act to cyberspace and raises penalties by one degree. Its constitutionality is affirmed given the profound State interest in protecting children.
Unsolicited Commercial Communications (Spam)
Section 4(c)(3) criminalizes spam broadly, penalizing most unsolicited ads even if truthful. The Court finds this provision overbroad and violative of free speech because it suppresses lawful commercial expression without a compelling governmental justification.
Cyber-libel
Section 4(c)(4) merges libel under the Revised Penal Code with online media. The Court upholds its validity as applied to the original author but strikes it down insofar as it penalizes mere recipients or “sharers” of online content, recognizing the disproportionate chill on expression.
Aiding, Abetting, and Attempt (Section 5)
Punishing all persons who abet or attempt cybercrimes captures bystanders and reactive commentators. The Court deems Section 5 unconstitutional insofar as it applies to content-related offenses (cyber-libel, spam, child pornography) for lacking clear limits and unduly chilling free speech. It remains valid for non-speech-related cybercrimes.
Aggravated Penalties via Information Technology (Section 6)
Penalties for all crimes committed using ICT are raised by one degree. The Court strikes down this enhancement for cyber-libel, noting its compounding of imprisonment terms, accessory penalties, loss of probation, and extended prescription—heightening the deterrent effect into an unconstitutional chill on speech.
Concurrent Liability (Section 7)
Section 7 allows prosecution under R.A. 10175 without prejudice to Revised Penal Code or special-law charges. The Court invalidates its application to cyber-libel and online child pornography as violative of the double-jeopardy clause, since these offenses are identical to their traditional-law counterparts.
Computer-Assisted Investigation Powers
Real-Time Traffic Data Collection (Section 12)
The Act authorizes warrantless, bulk, real-time interception of non-content traffic data “with due cause.” The Court finds this grant unconstitutional for violating the warrant requirement under the Search and Seizure and Privacy of Communication Clauses, given its unlimited sweep and minimal safeguards.
Preservation, Disclosure, Search, Seizure, Examination, Destruction (Sections 13–17)
Data-preservation and destruction rules are upheld; judicial warrant requirements for content disclosure and data searches are constitutional as reasonable adaptations of search-and-seizure doctrine.
Blocking Access (Section 19)
The Department of Justice’s power to restrict or block access to any data prima facie violative of the Act constitutes a form of prior restraint, lacking precise standards or procedures, and is struck down for infringing free speech and privacy rights.
Cybercrime Investigation and Coordinating Center (Sections 24 & 26a)
The Court upholds creation of the CICC and its power to develop a national cyberse
Case Syllabus (G.R. No. 203335)
Facts and Procedural History
- Multiple petitions (G.R. Nos. 203335, 203299, 203306, 203359, 203378, 203391, 203407, 203440, 203453, 203454, 203469, 203501, 203509, 203515, 203518) consolidated to challenge Republic Act No. 10175 (Cybercrime Prevention Act of 2012).
- Aim of the law: regulate cyberspace activities, punish cyber‐offenses, protect data and systems.
- October 9, 2012: Court issued a 120-day TRO against implementation.
- February 5, 2013: TRO extended pending full resolution.
Scope and Objectives of R.A. 10175
- Section 2 (Declaration of Policy):
• State empowered to safeguard confidentiality, integrity, availability of computer data/systems.
• Facilitate detection, investigation, prosecution of cybercrimes domestically and internationally. - Categorizes cybercrimes into:
• Offenses against data/systems (Sec. 4[a]).
• Computer-related offenses (Sec. 4[b]).
• Content-related offenses (Sec. 4[c]).
• Other offenses (Sec. 5).
Issues Presented
- Constitutionality of substantive offenses: illegal access, data interference, cyber-squatting, identity theft, cybersex, child pornography, spam control, online libel.
- Validity of aiding/abetting and attempt provisions (Sec. 5).
- Penalty-increasing rule (Sec. 6) and dual prosecution rule (Sec. 7).
- Procedural powers: real-time traffic data (Sec. 12), preservation (Sec. 13), disclosure (Sec. 14), search/seizure (Sec. 15), destruction (Sec. 17), blocking orders (Sec. 19), obstruction penalty (Sec. 20).
- Creation and powers of Cybercrime Investigation and Coordinating Center (Sec. 24, Sec. 26).
Offenses Against Data and Systems (Sec. 4[a])
- Illegal Access (Sec. 4[a][1]): accessing any part of a computer system without right.
- Illegal Interception (Sec. 4[a][2]): unauthorized interception of non-public computer data transmissions.
- Data Interference (Sec. 4[a][3]): intentional or reckless alteration, deletion, damage of data; includes viruses.
- System Interference (Sec. 4[a][4]): hindering or degrading system functioning.
- Misuse of Devices (Sec. 4[a][5]): use or possession of devices/passwords to facilitate cybercrime.
- Cyber-squatting (Sec. 4[a][6]): bad-faith domain registration to profit or mislead.
Computer-Related Offenses (Sec. 4[b])
- Forgery (Sec. 4[b][1]): creating inauthentic data with intent to deceive.
- Fraud (Sec. 4[b][2]): unauthorized data alteration resulting in damage for