ASIA-PACIFIC TELECOMMUNITY Document

CSF-5/INP-18
5th APT CYBERSECURITY FORUM (CSF-5)
26-28 May 2014, Ulaanbaatar, Mongolia
21 May 2014

Mr. Alberto B. Salvador Jr., Department of Science and Technology

(Philippines)

PHILIPPINES CYBERCRIME PREVENTION ACT OF 2012

Contact : Mr. Alberto B. Salvador Jr., Tel: +63 2 920-0101 local 3106
Department of Science and Technology, Philippines Email: ab.salvadorjr@icto.dost.gov.ph
The Philippine Cybercrime
Prevention Act of 2012

By
ALBERTO B. SALVADOR, JR.
Department of Science and Technology
Information and Communications Technology Office
PHILIPPINES

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
 Overview - DOST ICT Office

The Information and Communications Technology Office

(ICTO), under the Department of Science and Technology, has
been mandated to provide an efficient information and
communications technology infrastructure, information
systems and resources to support an effective, transparent
and accountable governance and, in particular, support the
speedy enforcement of rules and delivery of accessible public
services to the people.

- Executive Order No. 47 (series of 2011).

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
 Access Device

1998
Regulation Act

Electronic Commerce

2000
Act

Anti -Trafficking in
Formulation of National

2003
Persons Act

2004
Cyber Security Plan

Anti-Child
National Coordinator for
2009
Pornography Act
Cyber Security 2008
Anti-Photo and Video
Voyeurism Act
2009

iGovPhil Project
2012

Data Privacy Act

2012

Administrative Order
2013

No. 39 Cybercrime
Prevention Act
2012

TV White Space
2013

Anti-Bulling Act
2013

Open Data Project

2013

Data.gov.ph
Governance Initiatives of the Philippines

Information and Communications Technology Office

E-Government Master Plan 2013-2016

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Chronology of Relevant Legislations on Cyber Laws and IT
 Chronology of Relevant Events

PHCERT was created

BUDAPEST First cybercrime Passing of RA

9775
CONVENTION was held conviction happened & RA 9995 into
Growing number of hacking attacks with JJ Maria law
and cybercrimes were recorded Giner convicted under
the E-Commerce Law

2000 2001 2003 2005 2007 2009 2010 2012 2014

Lifting of the
Creation of suspension on RA
Computer Crime Growth in
Section of the PNP
10175
cybersex and Reported that 9 out
child trafficking of 10 Filipinos are
I LOVE YOU victims of various
VIRUS rings were forms of cybercrime
noted ranging from hacking
Passage of
attacks to online
RA 8792 scams.

S o u r c e : P N P - A C G 1 st N a t i o n a l S u m m i t o n C y b e r c r i m e

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
 Republic Act No. 10175
Cybercrime Prevention Act of 2012

http://www.gov.ph/2012/09/12/republic-act-no-10175/

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
 Republic Act No. 10175
Cybercrime Prevention Act of 2012

Photo: Philippine Star

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
 Republic Act No. 10175
Cybercrime Prevention Act of 2012

Collage by Kevin Dacanay

DEPARTMENT OF SCIENCE AND TECHNOLOGY
Information and Communications Technology Office
 Republic Act No. 10175
Cybercrime Prevention Act of 2012
TRO extended indefinitely!

120-day Temporary Restraining Order (TRO)

Issued October 9, 2012

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
 Republic Act No. 10175
Cybercrime Prevention Act of 2012

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
 Republic Act No. 10175
Cybercrime Prevention Act of 2012
CHAPTER I Preliminary Provisions CHAPTER III Penalties
Section 1 Title Section 8 Penalties
Section 2 Declaration of Policy Section 9 Corporate Liability
Section 3 Definition of Terms
CHAPTER IV Enforcement and
CHAPTER II Punishable Acts Implementation
Section 4 Cybercrime Offenses Section 10 Law Enforcement
Section 4(c)(3) penalizes posting of Authorities (NBI and PNP)
unsolicited commercial Section 11 Duties of law Enforcement
communications Authorities
Section 5 Other Offenses Section 12 Real-Time Collection of
Section 6 Crimes defined and Traffic Data
penalized by the Revised Penal Code Section 13 Preservation of Computer
committed with use of ICT, penalty Data
shall be one (1) degree higher
Section 7 Liability under Other Laws
DEPARTMENT OF SCIENCE AND TECHNOLOGY
Information and Communications Technology Office
 Republic Act No. 10175
Cybercrime Prevention Act of 2012
CHAPTER IV Penalties continued CHAPTER V Jurisdiction
Section 14 Disclosure of Computer Section 21 Jurisdiction, Regional Trial
Data Court
Section 15 Search, Seizure and
Examination of Computer Data CHAPTER VI International
Section 16 Custody of Computer Data Cooperation
Section 17 Destruction of Computer Section 22 General Principles Relating
Data to International Cooperation
Section 18 Exclusionary Rule
Evidence procured without valid
warrant shall be inadmissible
Section 19 Restricting or blocking NOTE: Additional sections declared
Access to Computer Data void and unconstitutional on
Section 20 Non-compliance certain conditions.

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
 Republic Act No. 10175
Cybercrime Prevention Act of 2012

CHAPTER VII Competent Authorities CHAPTER VIII Final Provisions

Section 23 Department of Justice Section 27 Appropriations

Section 24 Cybercrime Investigation
and Coordinating Center
Section 25 Composition
Section 26 Powers and Functions
Section 28 Implementing Rules and
Regulations
Section 29 Separability Rules
Section 30 Repealing Clause
Section 31 - Effectivity

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
 Republic Act No. 10175
Cybercrime Prevention Act of 2012

Public consultations conducted on

April 8, 15, 29 and May 16

Technical Working Group from DOJ,

DILG, DOST ICT Office, NBI, PNP and
National Prosecution Service

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
 Philippine National Police
Anti-Cybercrime Group

February 27, 2013 The PNP-Anti Cybercrime Group,

with official acronym PNP ACG, was activated as a
National Operational Support Unit primarily
responsible for the implementation of pertinent
Philippine laws on cybercrimes and advocating the
anti-cybercrime campaign of the PNP.

Philippine National Police

Anti-Cybercrime Group
PNP-ACG Operations Center
Camp Crame, Quezon City
Phone: (632)414-1560
Fax: (632)414-2199
E-mail: info@acg.pnp.gov.ph

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
National Bureau of Investigation
Cybercrime Division

National Bureau of Investigation

Cybercrime Division
Taft Avenue, Manila
Phone: (632)523-8231 to 38 local 3454, 3455
E-mail: ccd@nbi.gov.ph

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
 Department of Justice
Office of Cybercrime

Department of Justice
Office of Cybercrime
Padre Faura Street
Ermita, Manila
Phone: (+632)521-8345 and
(+632)524-2230
E-mail: cybercrime@doj.gov.ph DEPARTMENT OF SCIENCE AND TECHNOLOGY
Information and Communications Technology Office
 Some Relevant Statistics

Total Number of Cybercrime Cases Recorded = 3,329

Jan-Feb

S o u r c e : P N P - A C G 1 st N a t i o n a l S u m m i t o n C y b e r c r i m e

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
 Four-Year Cybercrime Record

Cybercrime Offenses 2010 2011 2012 2013 Total

A. Offenses against Confidentiality, Integrity and
Availability of computer data and systems
Hacking of Personal Accounts 13 5 16 26 60
Website Defacements/Hacking 157 350 339 271 1,117
B. Computer-Related Offenses
Identity Theft 5 6 4 28 43
Internet Fraud/Scam 31 49 41 73 194
Credit Card Fraud 1 4 4 32 41
C. Content-Related Offenses
Libel 8 26 21 32 87
Harassment/Threat 17 30 22 30 99
Pornography Related 4 5 11 - 20
RA 9775 Anti Child Pornography - - - 9 9
S o u r c e : P N P - A C G 1 st N a t i o n a l S u m m i t o n C y b e r c r i m e

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
 Four-Year Cybercrime Record

Cybercrime Offenses 2010 2011 2012 2013 Total

D. Other crimes defined and penalized by RPC
Illegal Online Gambling 1 0 0 1 2
R.A. 7610 Special Protection of Children Against Abuse
1 1 2 1 5
& Exploitation
R.A. 9208 Trafficking in Person 0 1 0 5 6
R.A. 9262 Anti-Violence Against Women and Children - - - 6 6
R.A. 9995 Anti-Photo and Video Voyeurism Act - - - 36 36
E. Other Offenses
Others 5 4 0 9 18

TOTAL 243 481 460 559 1,743

S o u r c e : P N P - A C G 1 st N a t i o n a l S u m m i t o n C y b e r c r i m e

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
 Challenges

Collaboration,
Coordination and
Cooperation with
stakeholders
(Local/International)

Cost of capacity
and capability Fast emerging
build-up technologies

S o u r c e : P N P - A C G 1 st N a t i o n a l S u m m i t o n C y b e r c r i m e

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office
Maraming salamat po.

ALBERTO B. SALVADOR, JR.

Concurrent Officer-In-Charge:
Policies and Standards Development Division
and System Security Management Division
DOST ICT Office
ICTO Building
Carlos P. Garcia Avenue
U.P. Campus, Diliman, Q.C.
Phone: (+632) 920-0101
E-Mail: ab.salvadorjr@icto.dost.gov.ph

DEPARTMENT OF SCIENCE AND TECHNOLOGY

Information and Communications Technology Office