Question & AnswerQ&A (Republic Act No. 10175)
The title of Republic Act No. 10175 is the Cybercrime Prevention Act of 2012.
The policy recognizes the vital role of information and communications industries in national development and emphasizes the need to protect the integrity of computer systems, networks, and data from misuse and illegal access by adopting measures for effective prevention, investigation, suppression, and international cooperation against cybercrime.
'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.
Illegal Access is defined as accessing the whole or any part of a computer system without right.
Punishment includes 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.
Cyber-squatting is punishable as a cybercrime offense under the Act; while the exact penalty for Cyber-squatting is imprisonment of prision mayor or a fine similar to other offenses under Section 4(a); if committed against critical infrastructure, the penalty is harsher with reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to commensurate damages, or both.
It is the intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right.
The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) are primarily responsible and must organize cybercrime units or centers with special investigators to handle cybercrime cases.
The warrant must be based on written application with examination under oath showing (1) reasonable grounds to believe that a crime has been or is about to be committed; (2) reasonable grounds that evidence is essential for conviction or prevention; and (3) no other means readily available to obtain the evidence.
Traffic data and subscriber information must be preserved for at least six (6) months from the transaction date, and content data similarly for six (6) months from the receipt of the preservation order by law enforcement; with a possible one-time extension for another six (6) months.
The juridical person shall be liable for a fine at least double the fines imposed on natural persons under the law, up to Ten million pesos (PhP10,000,000.00), without prejudice to the criminal liability of the natural person who committed the offense.
Cybersex is the willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.
The Regional Trial Courts have jurisdiction including cases committed by Filipino nationals outside the Philippines if any element was committed within the Philippines or used any computer system partly or wholly situated in the country, or caused damage to a person within the Philippines at the time of the offense.
Any evidence procured without a valid warrant or beyond the authority of the warrant is inadmissible in any court or tribunal proceedings.
CICC formulates national cybersecurity plans, coordinates measures against cybercrime, monitors cases, facilitates international cooperation, involves other sectors, recommends laws, calls on agencies for assistance, and performs related functions necessary for cybercrime prevention and suppression.