THE IMPLEMENTATION OF REPUBLIC. ACT NO. ,. Respondents. .. , lesforgesdessalles.info (last accessed April 10, ). The Cybercrime Prevention Act of , officially recorded as Republic Act No. , is a law .. Create a book · Download as PDF · Printable version. Information and Communications Technology Office. Republic Act No. Cybercrime Prevention Act of Photo: Philippine Star.
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and Department of Science and Technology under Republic Act No. , otherwise Republic Act No. , or the “Cybercrime Prevention Act of ”. Begun and held in Metro Manila, on Monday, the twenty-fifth day of July, two thousand eleven. REPUBLIC ACT NO. AN ACT DEFINING CYBERCRIME. Republic Act No. Cybercrime Prevention Act of Republic Act No. Filipiniana. File: lesforgesdessalles.info PDF icon lesforgesdessalles.info
Search, Seizure and Examination of Computer Data. The necessity of the preservation; and x. These courts now have the power to try and decide cases covered by the Cybercrime Prevention Act within their respective territorial jurisdictions. General Principles Relating to International Cooperation. The Secretary of Justice shall designate appropriate State Counsels to handle all matters of international cooperation as provided in this rule. The criminal offenses described under Chapter II of the Act shall be deemed to be included as extraditable offenses in any extradition treaty where the Philippines is a party: Destruction of Computer Data.
Section 7. Liability under Other Laws. Section 8. 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 PhP, 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 PhP, 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 PhP, 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.
Provided, That the penalty to be imposed shall be one 1 degree higher than that provided for in Republic Act No. 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, 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 PhPl00, Section 9.
Corporate Liability. 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,, 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,, The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.
Section Law Enforcement Authorities. 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. Duties of Law Enforcement Authorities. Real-Time Collection of Traffic Data. 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: Preservation of Computer Data.
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. Retrieved 1 October Centre for Law and Democracy. Retrieved 1 January Retrieved 27 September Philippine Daily Inquirer. Retrieved 2 October Philippine Daily Inquirer, Inc. Retrieved 9 October Retrieved 19 December Crowdsourcing Net Freedom". Yahoo News Philippines.
VERA Files. Retrieved 25 January Retrieved from " https: Hidden categories: Use mdy dates from February Namespaces Article Talk. Views Read Edit View history.
Republic Act No. House of Representatives of the Philippines. Senate of the Philippines. October 3, [note 1]. House Bill [note 2]. Susan Yap Tarlac. Senate Bill Aiding and abetting , defamation , fraud , obscenity , trespass to chattels. Teofisto Guingona III.
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.
Furthermore, Section 7 thereof provides that prosecution under the Cybercrime law shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws. The Philippine Cybercrime Prevention Act of also provides procedural measures to be undertaken by law enforcement authorities mandated by the law to enforce and implement its provisions.
General rules and safeguards apply.
The Philippine Constitution provides that no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
It is the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
Besides an extensive legal framework on technical aspects, there are important acts on this field respecting:.
According to Sec. All relevant international instruments on international cooperation on criminal matters, and arrangements agreed on the basis of uniform or reciprocal legislation and domestic laws shall be given full force and effect, to the widest extent possible for the purposes of investigations or proceedings concerning crimes related to computer systems and data, or for the collection of electronic evidence of crimes. The DOJ shall cooperate and render assistance to other contracting parties, as well as request assistance from foreign states, for purposes of detection, investigation and prosecution of offenses referred to in the Act and in the collection of evidence in electronic form in relation thereto.
The principles contained in Presidential Decree No. In this regard, the central authority shall: Provide assistance to a requesting State in the real-time collection of traffic data associated with specified communications in the country transmitted by means of a computer system, with respect to criminal offenses defined in the Act for which real-time collection of traffic data would be available, subject to the provisions of Section 13 hereof; i.
Provide assistance to a requesting State in the real-time collection, recording or interception of content data of specified communications transmitted by means of a computer system, subject to the provision of Section 13 hereof; j. Allow another State to: Access publicly available stored computer data located in the country or elsewhere; or 4.
Access or receive, through a computer system located in the country, stored computer data located in another country, if the other State obtains the lawful and voluntary consent of the person who has the lawful authority to disclose the data to said other State through that computer system.
Receive a request of another State for it to order or obtain the expeditious preservation of data stored by means of a computer system located within the country, relative to which the requesting State shall submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the stored computer data: Provided, That: A request for preservation of data under this section shall specify: The authority seeking the preservation; vii.
The offense that is the subject of a criminal investigation or proceedings and a brief summary of the related facts; viii. The stored computer data to be preserved and its relationship to the offense; ix. The necessity of the preservation; and x.
That the requesting State shall submit a request for mutual assistance for the search or similar access, seizure or similar securing, or disclosure of the stored computer data.
Upon receiving the request from another State, the DOJ and law enforcement agencies shall take all appropriate measures to expeditiously preserve the specified data, in accordance with the Act and other pertinent laws. For the purposes of responding to a request for preservation, dual criminality shall not be required as a condition; 8. A request for preservation may only be refused if: The request concerns an offense that the Philippine Government considers as a political offense or an offense connected with a political offense; or iv.
The Philippine Government considers the execution of the request to be prejudicial to its sovereignty, security, public order or other national interest.