Republic of the Philippines Congress of the Philippines Metro Manila Fifteenth Congress Second Regular Session Begun and

held in Metro Manila, on Monday the Twenty-fifth day of July two thousand eleven. [ Republic Act No. 1017 ! AN AC" #$F%N%N& C'($RCR%M$) PR*+%#%N& F*R ",$ PR$+$N"%*N) %N+$S"%&A"%*N) S-PPR$SS%*N AN# ",$ %MP*S%"%*N *F P$NA."%$S ",$R$F*R AN# F*R *",$R P-RP*S$S Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER PRE! M "AR# PR$% & $"& &ECT $" '. Title. This A(t shall )e *nown as the +Cy)er(ri,e Prevention A(t of -.'-/. &EC. -. eclaration of Policy. The &tate re(ogni0es the vital role of infor,ation and (o,,uni(ations industries su(h as (ontent 1rodu(tion, tele(o,,uni(ations, )road(asting ele(troni( (o,,er(e, and data 1ro(essing, in the nation2s overall so(ial and e(ono,i( develo1,ent. The &tate also re(ogni0es the i,1ortan(e of 1roviding an environ,ent (ondu(ive to the develo1,ent, a((eleration, and rational a11li(ation and e31loitation of infor,ation and (o,,uni(ations te(hnology 4 CT5 to attain free, easy, and intelligi)le a((ess to e3(hange and6or delivery of infor,ation7 and the need to 1rote(t and safeguard the integrity of (o,1uter, (o,1uter and (o,,uni(ations syste,s, networ*s, and data)ases, and the (onfidentiality, integrity, and availa)ility of infor,ation and data stored therein, fro, all for,s of ,isuse, a)use, and illegal a((ess )y ,a*ing 1unisha)le under the law su(h (ondu(t or (ondu(ts. n this light, the &tate shall ado1t suffi(ient 1owers to effe(tively 1revent and (o,)at su(h offenses )y fa(ilitating their dete(tion, investigation, and 1rose(ution at )oth the do,esti( and international levels, and )y 1roviding arrange,ents for fast and relia)le international (oo1eration. &EC. 8. efinition of Terms. 9 :or 1ur1oses of this A(t, the following ter,s are here)y defined as follows; 4a5 !ccess refers to the instru(tion, (o,,uni(ation with, storing data in, retrieving data fro,, or otherwise ,a*ing use of any resour(es of a (o,1uter syste, or (o,,uni(ation networ*. 4)5 !lteration refers to the ,odifi(ation or (hange, in for, or su)stan(e, of an e3isting (o,1uter data or 1rogra,.

4(5 Communication refers to the trans,ission of infor,ation through CT ,edia, in(luding voi(e, video and other for,s of data. 4d5 Computer refers to an ele(troni(, ,agneti(, o1ti(al, ele(tro(he,i(al, or other data 1ro(essing or (o,,uni(ations devi(e, or grou1ing of su(h devi(es, (a1a)le of 1erfor,ing logi(al, arith,eti(, routing, or storage fun(tions and whi(h in(ludes any storage fa(ility or e<ui1,ent or (o,,uni(ations fa(ility or e<ui1,ent dire(tly related to or o1erating in (on=un(tion with su(h devi(e. t (overs any ty1e of (o,1uter devi(e in(luding devi(es with data 1ro(essing (a1a)ilities li*e ,o)ile 1hones, s,art 1hones, (o,1uter networ*s and other devi(es (onne(ted to the internet. 4e5 Computer data refers to any re1resentation of fa(ts, infor,ation, or (on(e1ts in a for, suita)le for 1ro(essing in a (o,1uter syste, in(luding a 1rogra, suita)le to (ause a (o,1uter syste, to 1erfor, a fun(tion and in(ludes ele(troni( do(u,ents and6or ele(troni( data ,essages whether stored in lo(al (o,1uter syste,s or online. 4f5 Computer program refers to a set of instru(tions e3e(uted )y the (o,1uter to a(hieve intended results. 4g5 Computer system refers to any devi(e or grou1 of inter(onne(ted or related devi(es, one or ,ore of whi(h, 1ursuant to a 1rogra,, 1erfor,s auto,ated 1ro(essing of data. t (overs any ty1e of devi(e with data 1ro(essing (a1a)ilities in(luding, )ut not li,ited to, (o,1uters and ,o)ile 1hones. The devi(e (onsisting of hardware and software ,ay in(lude in1ut, out1ut and storage (o,1onents whi(h ,ay stand alone or )e (onne(ted in a networ* or other si,ilar devi(es. t also in(ludes (o,1uter data storage devi(es or ,edia. 4h5 "ithout right refers to either; 4i5 (ondu(t underta*en without or in e3(ess of authority7 or 4ii5 (ondu(t not (overed )y esta)lished legal defenses, e3(uses, (ourt orders, =ustifi(ations, or relevant 1rin(i1les under the law. 4i5 Cyber refers to a (o,1uter or a (o,1uter networ*, the ele(troni( ,ediu, in whi(h online (o,,uni(ation ta*es 1la(e. 4=5 Critical infrastructure refers to the (o,1uter syste,s, and6or networ*s, whether 1hysi(al or virtual, and6or the (o,1uter 1rogra,s, (o,1uter data and6or traffi( data so vital to this (ountry that the in(a1a(ity or destru(tion of or interferen(e with su(h syste, and assets would have a de)ilitating i,1a(t on se(urity, national or e(ono,i( se(urity, national 1u)li( health and safety, or any (o,)ination of those ,atters. 4*5 Cybersecurity refers to the (olle(tion of tools, 1oli(ies, ris* ,anage,ent a11roa(hes, a(tions, training, )est 1ra(ti(es, assuran(e and te(hnologies that (an )e used to 1rote(t the (y)er environ,ent and organi0ation and user2s assets. 4l5 atabase refers to a re1resentation of infor,ation, *nowledge, fa(ts, (on(e1ts, or instru(tions whi(h are )eing 1re1ared, 1ro(essed or stored or have )een 1re1ared, 1ro(essed or stored in a for,ali0ed ,anner and whi(h are intended for use in a (o,1uter syste,.

4,5 #nterception refers to listening to, re(ording, ,onitoring or surveillan(e of the (ontent of (o,,uni(ations, in(luding 1ro(uring of the (ontent of data, either dire(tly, through a((ess and use of a (o,1uter syste, or indire(tly, through the use of ele(troni( eavesdro11ing or ta11ing devi(es, at the sa,e ti,e that the (o,,uni(ation is o((urring. 4n5 Service provider refers to; 4'5 Any 1u)li( or 1rivate entity that 1rovides to users of its servi(e the a)ility to (o,,uni(ate )y ,eans of a (o,1uter syste,7 and 4-5 Any other entity that 1ro(esses or stores (o,1uter data on )ehalf of su(h (o,,uni(ation servi(e or users of su(h servi(e. 4o5 Subscriber$s information refers to any infor,ation (ontained in the for, of (o,1uter data or any other for, that is held )y a servi(e 1rovider, relating to su)s(ri)ers of its servi(es other than traffi( or (ontent data and )y whi(h identity (an )e esta)lished; 4'5 The ty1e of (o,,uni(ation servi(e used, the te(hni(al 1rovisions ta*en thereto and the 1eriod of servi(e7 4-5 The su)s(ri)er2s identity, 1ostal or geogra1hi( address, tele1hone and other a((ess nu,)ers, any assigned networ* address, )illing and 1ay,ent infor,ation, availa)le on the )asis of the servi(e agree,ent or arrange,ent7 and 485 Any other availa)le infor,ation on the site of the installation of (o,,uni(ation e<ui1,ent, availa)le on the )asis of the servi(e agree,ent or arrange,ent. 415 Traffic data or non%content data refers to any (o,1uter data other than the (ontent of the (o,,uni(ation in(luding, )ut not li,ited to, the (o,,uni(ation2s origin, destination, route, ti,e, date, si0e, duration, or ty1e of underlying servi(e. CHAPTER P>" &HAB!E ACT& &EC. ?. Cybercrime &ffenses. The following a(ts (onstitute the offense of (y)er(ri,e 1unisha)le under this A(t; 4a5 $ffenses against the (onfidentiality, integrity and availa)ility of (o,1uter data and syste,s; 4'5 llegal A((ess. @ The a((ess to the whole or any 1art of a (o,1uter syste, without right. 4-5 llegal nter(e1tion. @ The inter(e1tion ,ade )y te(hni(al ,eans without right of any non-1u)li( trans,ission of (o,1uter data to, fro,, or within a (o,1uter syste, in(luding ele(tro,agneti( e,issions fro, a (o,1uter syste, (arrying su(h (o,1uter data.

485 Aata nterferen(e. 9 The intentional or re(*less alteration, da,aging, deletion or deterioration of (o,1uter data, ele(troni( do(u,ent, or ele(troni( data ,essage, without right, in(luding the introdu(tion or trans,ission of viruses. 4?5 &yste, nterferen(e. 9 The intentional alteration or re(*less hindering or interferen(e with the fun(tioning of a (o,1uter or (o,1uter networ* )y in1utting, trans,itting, da,aging, deleting, deteriorating, altering or su11ressing (o,1uter data or 1rogra,, ele(troni( do(u,ent, or ele(troni( data ,essage, without right or authority, in(luding the introdu(tion or trans,ission of viruses. 4B5 Misuse of Aevi(es. 4i5 The use, 1rodu(tion, sale, 1ro(ure,ent, i,1ortation, distri)ution, or otherwise ,a*ing availa)le, without right, of; 4aa5 A devi(e, in(luding a (o,1uter 1rogra,, designed or ada1ted 1ri,arily for the 1ur1ose of (o,,itting any of the offenses under this A(t7 or 4))5 A (o,1uter 1assword, a((ess (ode, or si,ilar data )y whi(h the whole or any 1art of a (o,1uter syste, is (a1a)le of )eing a((essed with intent that it )e used for the 1ur1ose of (o,,itting any of the offenses under this A(t. 4ii5 The 1ossession of an ite, referred to in 1aragra1hs B4i54aa5 or 4))5 a)ove with intent to use said devi(es for the 1ur1ose of (o,,itting any of the offenses under this se(tion. 4C5 Cy)er-s<uatting. @ The a(<uisition of a do,ain na,e over the internet in )ad faith to 1rofit, ,islead, destroy re1utation, and de1rive others fro, registering the sa,e, if su(h a do,ain na,e is; 4i5 &i,ilar, identi(al, or (onfusingly si,ilar to an e3isting trade,ar* registered with the a11ro1riate govern,ent agen(y at the ti,e of the do,ain na,e registration; 4ii5 denti(al or in any way si,ilar with the na,e of a 1erson other than the registrant, in (ase of a 1ersonal na,e7 and 4iii5 A(<uired without right or with intelle(tual 1ro1erty interests in it. 4)5 Co,1uter-related $ffenses; 4'5 Co,1uter-related :orgery. 9 4i5 The in1ut, alteration, or deletion of any (o,1uter data without right resulting in inauthenti( data with the intent that it )e (onsidered or a(ted u1on for legal 1ur1oses as if it were authenti(, regardless whether or not the data is dire(tly reada)le and intelligi)le7 or 4ii5 The a(t of *nowingly using (o,1uter data whi(h is the 1rodu(t of (o,1uterrelated forgery as defined herein, for the 1ur1ose of 1er1etuating a fraudulent or dishonest design.

4-5 Co,1uter-related :raud. 9 The unauthori0ed in1ut, alteration, or deletion of (o,1uter data or 1rogra, or interferen(e in the fun(tioning of a (o,1uter syste,, (ausing da,age there)y with fraudulent intent; Provided' That if no da,age has yet )een (aused, the 1enalty i,1osa)le shall )e one 4'5 degree lower. 485 Co,1uter-related dentity Theft. @ The intentional a(<uisition, use, ,isuse, transfer, 1ossession, alteration or deletion of identifying infor,ation )elonging to another, whether natural or =uridi(al, without right; Provided' That if no da,age has yet )een (aused, the 1enalty i,1osa)le shall )e one 4'5 degree lower. 4(5 Content-related $ffenses; 4'5 Cy)erse3. 9 The willful engage,ent, ,aintenan(e, (ontrol, or o1eration, dire(tly or indire(tly, of any las(ivious e3hi)ition of se3ual organs or se3ual a(tivity, with the aid of a (o,1uter syste,, for favor or (onsideration. 4-5 Child Pornogra1hy. 9 The unlawful or 1rohi)ited a(ts defined and 1unisha)le )y Re1u)li( A(t "o. DEEB or the Anti-Child Pornogra1hy A(t of -..D, (o,,itted through a (o,1uter syste,; Provided' That the 1enalty to )e i,1osed shall )e 4'5 one degree higher than that 1rovided for in Re1u)li( A(t "o. DEEB. 485 >nsoli(ited Co,,er(ial Co,,uni(ations. 9 The trans,ission of (o,,er(ial ele(troni( (o,,uni(ation with the use of (o,1uter syste, whi(h see* to advertise, sell, or offer for sale 1rodu(ts and servi(es are 1rohi)ited unless; 4i5 There is 1rior affir,ative (onsent fro, the re(i1ient7 or 4ii5 The 1ri,ary intent of the (o,,uni(ation is for servi(e and6or ad,inistrative announ(e,ents fro, the sender to its e3isting users, su)s(ri)ers or (usto,ers7 or 4iii5 The following (onditions are 1resent; 4aa5 The (o,,er(ial ele(troni( (o,,uni(ation (ontains a si,1le, valid, and relia)le way for the re(i1ient to re=e(t. re(ei1t of further (o,,er(ial ele(troni( ,essages 4o1tout5 fro, the sa,e sour(e7 4))5 The (o,,er(ial ele(troni( (o,,uni(ation does not 1ur1osely disguise the sour(e of the ele(troni( ,essage7 and 4((5 The (o,,er(ial ele(troni( (o,,uni(ation does not 1ur1osely in(lude ,isleading infor,ation in any 1art of the ,essage in order to indu(e the re(i1ients to read the ,essage. 4?5 !i)el. 9 The unlawful or 1rohi)ited a(ts of li)el as defined in Arti(le 8BB of the Revised Penal Code, as a,ended, (o,,itted through a (o,1uter syste, or any other si,ilar ,eans whi(h ,ay )e devised in the future. &EC. B. &ther &ffenses. The following a(ts shall also (onstitute an offense;

4a5 Aiding or A)etting in the Co,,ission of Cy)er(ri,e. @ Any 1erson who willfully a)ets or aids in the (o,,ission of any of the offenses enu,erated in this A(t shall )e held lia)le. 4)5 Atte,1t in the Co,,ission of Cy)er(ri,e. 9 Any 1erson who willfully atte,1ts to (o,,it any of the offenses enu,erated in this A(t shall )e held lia)le. &EC. C. All (ri,es defined and 1enali0ed )y the Revised Penal Code, as a,ended, and s1e(ial laws, if (o,,itted )y, through and with the use of infor,ation and (o,,uni(ations te(hnologies shall )e (overed )y the relevant 1rovisions of this A(t; Provided' That the 1enalty to )e i,1osed shall )e one 4'5 degree higher than that 1rovided for )y the Revised Penal Code, as a,ended, and s1e(ial laws, as the (ase ,ay )e. &EC. E. (iability under &ther (a)s. A 1rose(ution under this A(t shall )e without 1re=udi(e to any lia)ility for violation of any 1rovision of the Revised Penal Code, as a,ended, or s1e(ial laws. CHAPTER PE"A!T E& &EC. F. Penalties. 9 Any 1erson found guilty of any of the 1unisha)le a(ts enu,erated in &e(tions ?4a5 and ?4)5 of this A(t shall )e 1unished with i,1rison,ent of prision mayor or a fine of at least Two hundred thousand 1esos 4PhP-..,......5 u1 to a ,a3i,u, a,ount (o,,ensurate to the da,age in(urred or )oth. Any 1erson found guilty of the 1unisha)le a(t under &e(tion ?4a54B5 shall )e 1unished with i,1rison,ent of prision mayor or a fine of not ,ore than :ive hundred thousand 1esos 4PhPB..,......5 or )oth. f 1unisha)le a(ts in &e(tion ?4a5 are (o,,itted against (riti(al infrastru(ture, the 1enalty of reclusion temporal or a fine of at least :ive hundred thousand 1esos 4PhPB..,......5 u1 to ,a3i,u, a,ount (o,,ensurate to the da,age in(urred or )oth, shall )e i,1osed. Any 1erson found guilty of any of the 1unisha)le a(ts enu,erated in &e(tion ?4(54'5 of this A(t shall )e 1unished with i,1rison,ent of prision mayor or a fine of at least Two hundred thousand 1esos 4PhP-..,......5 )ut not e3(eeding $ne ,illion 1esos 4PhP',...,......5 or )oth. Any 1erson found guilty of any of the 1unisha)le a(ts enu,erated in &e(tion ?4(54-5 of this A(t shall )e 1unished with the 1enalties as enu,erated in Re1u)li( A(t "o. DEEB or the +Anti-Child Pornogra1hy A(t of -..D/; Provided, That the 1enalty to )e i,1osed shall )e one 4'5 degree higher than that 1rovided for in Re1u)li( A(t "o. DEEB, if (o,,itted through a (o,1uter syste,. Any 1erson found guilty of any of the 1unisha)le a(ts enu,erated in &e(tion ?4(5485 shall )e 1unished with i,1rison,ent of arresto mayor or a fine of at least :ifty thousand 1esos 4PhPB.,......5 )ut not e3(eeding Two hundred fifty thousand 1esos 4PhP-B.,......5 or )oth.

Any 1erson found guilty of any of the 1unisha)le a(ts enu,erated in &e(tion B shall )e 1unished with i,1rison,ent one 4'5 degree lower than that of the 1res(ri)ed 1enalty for the offense or a fine of at least $ne hundred thousand 1esos 4PhP'..,......5 )ut not e3(eeding :ive hundred thousand 1esos 4PhPB..,......5 or )oth. &EC. D. Corporate (iability. 9 Ghen any of the 1unisha)le a(ts herein defined are *nowingly (o,,itted on )ehalf of or for the )enefit of a =uridi(al 1erson, )y a natural 1erson a(ting either individually or as 1art of an organ of the =uridi(al 1erson, who has a leading 1osition within, )ased on; 4a5 a 1ower of re1resentation of the =uridi(al 1erson 1rovided the a(t (o,,itted falls within the s(o1e of su(h authority7 4)5 an authority to ta*e de(isions on )ehalf of the =uridi(al 1erson; Provided' That the a(t (o,,itted falls within the s(o1e of su(h authority7 or 4(5 an authority to e3er(ise (ontrol within the =uridi(al 1erson, the =uridi(al 1erson shall )e held lia)le for a fine e<uivalent to at least dou)le the fines i,1osa)le in &e(tion E u1 to a ,a3i,u, of Ten ,illion 1esos 4PhP'.,...,......5. f the (o,,ission of any of the 1unisha)le a(ts herein defined was ,ade 1ossi)le due to the la(* of su1ervision or (ontrol )y a natural 1erson referred to and des(ri)ed in the 1re(eding 1aragra1h, for the )enefit of that =uridi(al 1erson )y a natural 1erson a(ting under its authority, the =uridi(al 1erson shall )e held lia)le for a fine e<uivalent to at least dou)le the fines i,1osa)le in &e(tion E u1 to a ,a3i,u, of :ive ,illion 1esos 4PhPB,...,......5. The lia)ility i,1osed on the =uridi(al 1erson shall )e without 1re=udi(e to the (ri,inal lia)ility of the natural 1erson who has (o,,itted the offense. CHAPTER % E":$RCEME"T A"A MP!EME"TAT $" &EC. '.. (a) *nforcement !uthorities. The "ational Bureau of nvestigation 4"B 5 and the Phili11ine "ational Poli(e 4P"P5 shall )e res1onsi)le for the effi(ient and effe(tive law enfor(e,ent of the 1rovisions of this A(t. The "B and the P"P shall organi0e a (y)er(ri,e unit or (enter ,anned )y s1e(ial investigators to e3(lusively handle (ases involving violations of this A(t. &EC. ''. uties of (a) *nforcement !uthorities. To ensure that the te(hni(al nature of (y)er(ri,e and its 1revention is given fo(us and (onsidering the 1ro(edures involved for international (oo1eration, law enfor(e,ent authorities s1e(ifi(ally the (o,1uter or te(hnology (ri,e divisions or units res1onsi)le for the investigation of (y)er(ri,es are re<uired to su),it ti,ely and regular re1orts in(luding 1re-o1eration, 1ost-o1eration and investigation results and su(h other do(u,ents as ,ay )e re<uired to the Ae1art,ent of Justi(e 4A$J5 for review and ,onitoring. &EC. '-. Real%Time Collection of Traffic ata. !aw enfor(e,ent authorities, with due (ause, shall )e authori0ed to (olle(t or re(ord )y te(hni(al or ele(troni( ,eans traffi( data in real-ti,e asso(iated with s1e(ified (o,,uni(ations trans,itted )y ,eans of a (o,1uter syste,.

Traffi( data refer only to the (o,,uni(ation2s origin, destination, route, ti,e, date, si0e, duration, or ty1e of underlying servi(e, )ut not (ontent, nor identities. All other data to )e (olle(ted or sei0ed or dis(losed will re<uire a (ourt warrant. &ervi(e 1roviders are re<uired to (oo1erate and assist law enfor(e,ent authorities in the (olle(tion or re(ording of the a)ove-stated infor,ation. The (ourt warrant re<uired under this se(tion shall only )e issued or granted u1on written a11li(ation and the e3a,ination under oath or affir,ation of the a11li(ant and the witnesses he ,ay 1rodu(e and the showing; 4'5 that there are reasona)le grounds to )elieve that any of the (ri,es enu,erated hereina)ove has )een (o,,itted, or is )eing (o,,itted, or is a)out to )e (o,,itted; 4-5 that there are reasona)le grounds to )elieve that eviden(e that will )e o)tained is essential to the (onvi(tion of any 1erson for, or to the solution of, or to the 1revention of, any su(h (ri,es7 and 485 that there are no other ,eans readily availa)le for o)taining su(h eviden(e. &EC. '8. Preservation of Computer ata. The integrity of traffi( data and su)s(ri)er infor,ation relating to (o,,uni(ation servi(es 1rovided )y a servi(e 1rovider shall )e 1reserved for a ,ini,u, 1eriod of si3 4C5 ,onths fro, the date of the transa(tion. Content data shall )e si,ilarly 1reserved for si3 4C5 ,onths fro, the date of re(ei1t of the order fro, law enfor(e,ent authorities re<uiring its 1reservation. !aw enfor(e,ent authorities ,ay order a one-ti,e e3tension for another si3 4C5 ,onths; Provided' That on(e (o,1uter data 1reserved, trans,itted or stored )y a servi(e 1rovider is used as eviden(e in a (ase, the ,ere furnishing to su(h servi(e 1rovider of the trans,ittal do(u,ent to the $ffi(e of the Prose(utor shall )e dee,ed a notifi(ation to 1reserve the (o,1uter data until the ter,ination of the (ase. The servi(e 1rovider ordered to 1reserve (o,1uter data shall *ee1 (onfidential the order and its (o,1lian(e. &EC. '?. isclosure of Computer ata. !aw enfor(e,ent authorities, u1on se(uring a (ourt warrant, shall issue an order re<uiring any 1erson or servi(e 1rovider to dis(lose or su),it su)s(ri)er2s infor,ation, traffi( data or relevant data in his6its 1ossession or (ontrol within seventy-two 4E-5 hours fro, re(ei1t of the order in relation to a valid (o,1laint offi(ially do(*eted and assigned for investigation and the dis(losure is ne(essary and relevant for the 1ur1ose of investigation. &EC. 'B. Search' Sei+ure and *,amination of Computer ata. 9 Ghere a sear(h and sei0ure warrant is 1ro1erly issued, the law enfor(e,ent authorities shall li*ewise have the following 1owers and duties. Githin the ti,e 1eriod s1e(ified in the warrant, to (ondu(t inter(e1tion, as defined in this A(t, and; 4a5 To se(ure a (o,1uter syste, or a (o,1uter data storage ,ediu,7 4)5 To ,a*e and retain a (o1y of those (o,1uter data se(ured7

4(5 To ,aintain the integrity of the relevant stored (o,1uter data7 4d5 To (ondu(t forensi( analysis or e3a,ination of the (o,1uter data storage ,ediu,7 and 4e5 To render ina((essi)le or re,ove those (o,1uter data in the a((essed (o,1uter or (o,1uter and (o,,uni(ations networ*. Pursuant thereof, the law enfor(e,ent authorities ,ay order any 1erson who has *nowledge a)out the fun(tioning of the (o,1uter syste, and the ,easures to 1rote(t and 1reserve the (o,1uter data therein to 1rovide, as is reasona)le, the ne(essary infor,ation, to ena)le the underta*ing of the sear(h, sei0ure and e3a,ination. !aw enfor(e,ent authorities ,ay re<uest for an e3tension of ti,e to (o,1lete the e3a,ination of the (o,1uter data storage ,ediu, and to ,a*e a return thereon )ut in no (ase for a 1eriod longer than thirty 48.5 days fro, date of a11roval )y the (ourt. &EC. 'C. Custody of Computer ata. All (o,1uter data, in(luding (ontent and traffi( data, e3a,ined under a 1ro1er warrant shall, within forty-eight 4?F5 hours after the e31iration of the 1eriod fi3ed therein, )e de1osited with the (ourt in a sealed 1a(*age, and shall )e a((o,1anied )y an affidavit of the law enfor(e,ent authority e3e(uting it stating the dates and ti,es (overed )y the e3a,ination, and the law enfor(e,ent authority who ,ay a((ess the de1osit, a,ong other relevant data. The law enfor(e,ent authority shall also (ertify that no du1li(ates or (o1ies of the whole or any 1art thereof have )een ,ade, or if ,ade, that all su(h du1li(ates or (o1ies are in(luded in the 1a(*age de1osited with the (ourt. The 1a(*age so de1osited shall not )e o1ened, or the re(ordings re1layed, or used in eviden(e, or then (ontents revealed, e3(e1t u1on order of the (ourt, whi(h shall not )e granted e3(e1t u1on ,otion, with due noti(e and o11ortunity to )e heard to the 1erson or 1ersons whose (onversation or (o,,uni(ations have )een re(orded. &EC. 'E. estruction of Computer ata. 9 >1on e31iration of the 1eriods as 1rovided in &e(tions '8 and 'B, servi(e 1roviders and law enfor(e,ent authorities, as the (ase ,ay )e, shall i,,ediately and (o,1letely destroy the (o,1uter data su)=e(t of a 1reservation and e3a,ination. &EC. 'F. *,clusionary Rule. Any eviden(e 1ro(ured without a valid warrant or )eyond the authority of the sa,e shall )e inad,issi)le for any 1ro(eeding )efore any (ourt or tri)unal. &EC. 'D. Restricting or Bloc-ing !ccess to Computer ata. Ghen a (o,1uter data is prima facie found to )e in violation of the 1rovisions of this A(t, the A$J shall issue an order to restri(t or )lo(* a((ess to su(h (o,1uter data. &EC. -.. .oncompliance. 9 :ailure to (o,1ly with the 1rovisions of Cha1ter % hereof s1e(ifi(ally the orders fro, law enfor(e,ent authorities shall )e 1unished as a violation of Presidential Ae(ree "o. 'F-D with i,1rison,ent of prision correctional in its ,a3i,u, 1eriod or a fine of $ne hundred thousand 1esos 4Ph1'..,......5 or )oth, for ea(h and every non(o,1lian(e with an order issued )y law enfor(e,ent authorities.

CHAPTER % J>R &A CT $" &EC. -'. /urisdiction. 9 The Regional Trial Court shall have =urisdi(tion over any violation of the 1rovisions of this A(t. in(luding any violation (o,,itted )y a :ili1ino national regardless of the 1la(e of (o,,ission. Jurisdi(tion shall lie if any of the ele,ents was (o,,itted within the Phili11ines or (o,,itted with the use of any (o,1uter syste, wholly or 1artly situated in the (ountry, or when )y su(h (o,,ission any da,age is (aused to a natural or =uridi(al 1erson who, at the ti,e the offense was (o,,itted, was in the Phili11ines. There shall )e designated s1e(ial (y)er(ri,e (ourts ,anned )y s1e(ially trained =udges to handle (y)er(ri,e (ases. CHAPTER % "TER"AT $"A! C$$PERAT $" &e(. --. 0eneral Principles Relating to #nternational Cooperation 9 All relevant international instru,ents on international (oo1eration in (ri,inal ,atters, arrange,ents agreed on the )asis of unifor, or re(i1ro(al legislation, and do,esti( laws, to the widest e3tent 1ossi)le for the 1ur1oses of investigations or 1ro(eedings (on(erning (ri,inal offenses related to (o,1uter syste,s and data, or for the (olle(tion of eviden(e in ele(troni( for, of a (ri,inal, offense shall )e given full for(e and effe(t. CHAPTER % C$MPETE"T A>TH$R T E& &EC -8. epartment of /ustice 1 &/2. 9 There is here)y (reated an $ffi(e of Cy)er(ri,e within the A$J designated as the (entral authority in all ,atters related to international ,utual assistan(e and e3tradition. &EC. -?. Cybercrime #nvestigation and Coordinating Center. There is here)y (reated, within thirty 48.5 days fro, the effe(tivity of this A(t, an inter-agen(y )ody to )e *nown as the Cy)er(ri,e nvestigation and Coordinating Center 4C CC5, under the ad,inistrative su1ervision of the $ffi(e of the President, for 1oli(y (oordination a,ong (on(erned agen(ies and for the for,ulation and enfor(e,ent of the national (y)erse(urity 1lan. &EC. -B. Composition. 9 The C CC shall )e headed )y the E3e(utive Aire(tor of the nfor,ation and Co,,uni(ations Te(hnology $ffi(e under the Ae1art,ent of &(ien(e and Te(hnology 4 CT$-A$&T5 as Chair1erson with the Aire(tor of the "B as %i(e Chair1erson7 the Chief of the P"P7 Head of the A$J $ffi(e of Cy)er(ri,e7 and one 4'5 re1resentative fro, the 1rivate se(tor and a(ade,e, as ,e,)ers. The C CC shall )e ,anned )y a se(retariat of sele(ted e3isting 1ersonnel and re1resentatives fro, the different 1arti(i1ating agen(ies. &EC. -C. Po)ers and 3unctions. The C CC shall have the following 1owers and fun(tions;

4a5 To for,ulate a national (y)erse(urity 1lan and e3tend i,,ediate assistan(e for the su11ression of real-ti,e (o,,ission of (y)er(ri,e offenses through a (o,1uter e,ergen(y res1onse tea, 4CERT57 4)5 To (oordinate the 1re1aration of a11ro1riate and effe(tive ,easures to 1revent and su11ress (y)er(ri,e a(tivities as 1rovided for in this A(t7 4(5 To ,onitor (y)er(ri,e (ases )eing )andied )y 1arti(i1ating law enfor(e,ent and 1rose(ution agen(ies7 4d5 To fa(ilitate international (oo1eration on intelligen(e, investigations, training and (a1a(ity )uilding related to (y)er(ri,e 1revention, su11ression and 1rose(ution7 4e5 To (oordinate the su11ort and 1arti(i1ation of the )usiness se(tor, lo(al govern,ent units and nongovern,ent organi0ations in (y)er(ri,e 1revention 1rogra,s and other related 1ro=e(ts7 4f5 To re(o,,end the ena(t,ent of a11ro1riate laws, issuan(es, ,easures and 1oli(ies7 4g5 To (all u1on any govern,ent agen(y to render assistan(e in the a((o,1lish,ent of the C CC2s ,andated tas*s and fun(tions7 and 4h5 To 1erfor, all other ,atters related to (y)er(ri,e 1revention and su11ression, in(luding (a1a(ity )uilding and su(h other fun(tions and duties as ,ay )e ne(essary for the 1ro1er i,1le,entation of this A(t. CHAPTER % : "A! PR$% & $"& &EC. -E. !ppropriations. The a,ount of :ifty ,illion 1esos 4PhPB.,...,......5 shall )e a11ro1riated annually for the i,1le,entation of this A(t. &EC. -F. #mplementing Rules and Regulations. The CT$-A$&T, the A$J and the Ae1art,ent of the nterior and !o(al Hovern,ent 4A !H5 shall =ointly for,ulate the ne(essary rules and regulations within ninety 4D.5 days fro, a11roval of this A(t, for its effe(tive i,1le,entation. &EC. -D. Separability Clause f any 1rovision of this A(t is held invalid, the other 1rovisions not affe(ted shall re,ain in full for(e and effe(t. &EC. 8.. Repealing Clause. All laws, de(rees or rules in(onsistent with this A(t are here)y re1ealed or ,odified a((ordingly. &e(tion 884a5 of Re1u)li( A(t "o. FED- or the +Ele(troni( Co,,er(e A(tI is here)y ,odified a((ordingly. &EC. 8'. *ffectivity. This A(t shall ta*e effe(t fifteen 4'B5 days after the (o,1letion of its 1u)li(ation in the &fficial 0a+ette or in at least two 4-5 news1a1ers of general (ir(ulation.

A11roved,

4&gd.5 F$.%C%AN* ($.M*N"$ /R. Spea-er of the House of Representatives

4&gd.5 /-AN P*NC$ $NR%.$ President of the Senate

This A(t whi(h is a (onsolidation of &enate Bill "o. -EDC and House Bill "o. BF.F was finally 1assed )y the &enate and the House of Re1resentatives on June B, -.'and June ?, -.'-, res1e(tively.

4&gd.5 MAR%.'N (. (AR-A0'AP Secretary 0eneral House of Representatives

4&gd.5 $MMA .%R%*0R$'$S Secretary of the Senate

A11roved; &EP '- -.'4&gd.5 ($N%&N* S. A1-%N* %%% President of the Philippines