MATRIX ON CYBERCRIME

HB No. 85 HB No. 167 HB No. 364 HB No. 383 HB No. 511 HB No. 1444 HB No. 2279 HB No. 3376
(Rep. Susan Yap) (Rep. Eric Owen G. (Rep. Marcelino (Rep. Gloria (Rep. Juan Edgardo (Rep. Carmelo (Rep. Rufus (Rep. Michael
Singson, Jr.) Reyes Teodoro) Macapagal-Arroyo) “Sonny” Angara) Feliciano Lazatin) Rodriguez Bautista) Mariano Velarde Jr.)
“AN ACT DEFINING AN ACT DEFINING AN ACT DEFINING AN ACT DEFINING AN ACT AN ACT AN ACT PENALIZING AN ACT DEFINING
CYBERCRIME, CYBERCRIME, CYBERCRIME, CYBERCRIME, DEFINING PROHIBITING THE USE OF CYBERCRIME,
PROVIDING FOR THE PROVIDING FOR PROVIDING FOR PROVIDING FOR CYBERCRIME, CYBERSEX AND COMPUTERS TO PROVIDING FOR
PREVENTION, PREVENTION, PREVENTION, PREVENTION, PROVIDING FOR PROVIDING COMMIT, PREVENTION,
INVESTIGATION AND SUPPRESSION AND SUPPRESSION AND SUPPRESSION AND PREVENTION, PENALTIES FOR THE FACILITATE OR SUPPRESSION AND
IMPOSITION OF IMPOSITION OF IMPOSITION OF IMPOSITION OF SUPPRESSION AND VIOLATION THEREOF CONCEAL THE IMPOSITION OF
PENALTIES PENALTIES PENALTIES PENALTIES IMPOSITION OF AND FOR OTHER COMMISSION OF A PENALTIES
THEREFOR AND FOR THEREFOR THEREFOR AND FOR THEREFOR AND FOR PENALTIES PURPOSES CRIME THEREFOR AND FOR
OTHER PURPOSES AND FOR OTHER OTHER PURPOSES OTHER PURPOSES THEREFOR OTHER PURPOSES
PURPOSES AND FOR OTHER
PURPOSES
SECTION 1. Title. This SECTION 1. Title. – SECTION 1. Title. – SECTION 1. Title- SECTION 1. Title. SECTION 1. Title. – SEC. 1. Short Title. - SECTION 1. Title. -
Act shall be known as This Act shall be This Act shall be This Act shall be This Act shall be This Act shall be This Act shall be cited This Act shall be
the "Cybercrime known as the known as the known as the known as the known as the “Anti- as the “Computer known as the
Prevention Act of “Cybercrime “Cybercrime “Cybercrime “Cybercrime Cybersex Act”. Crimes Act”. "Cybercrime
2010". Prevention Act of Prevention Act of Prevention Act of Prevention Act of Prevention Act of
2009”. 2010”. 2010.” 2010.” 2010".
SECTION 2. SEC. 2. Declaration SEC. 2. Declaration SEC.2. Declaration of SEC. 2. Declaration SECTION 2. SEC. 2. Declaration SEC. 2. Declaration of
Declaration of Policy. of Policy. – of Policy. – Policy- of Policy. Declaration of Policy. of Policy. – Policy. –
– –
It is the policy of the
It is the declared The State recognizes The State recognizes The State recognizes The State recognizes It is the declared The State recognizes
State to prevent the
policy of the State to the increasingly vital the increasingly vital the increasingly vital the increasingly vital policy of the State to the vital role of
use of computers in
uphold the morality role of information role of information role of information role of information uphold the morality information and
committing acts
of the society and communications and communications and communications and communications of the society content industries,
penalized under the
particularly the technology (ICT) as technology (ICT) as technology (ICT) as technology (ICT) as particularly the such as
Revised Penal Code
women and the an enables of key an enabler of key an enabler of key an enabler of key women and the telecommunications,
and other special
youth, against industries such as, industries such as, industries such as, industries such as, youth, against broadcasting,
laws.
immoral and banking, banking, banking, banking, immoral and electronic
obscene acts broadcasting, broadcasting, broadcasting, broadcasting, obscene acts commerce, and data
through the use of business process business process business process business process through the use of processing, in the
the cyberspace by outsourcing, outsourcing, outsourcing, outsourcing, the cyberspace by nation's overall social
prohibiting the electronic commerce electronic commerce electronic commerce electronic commerce prohibiting the and economic
operation of and and and and operation of development. The
cybersex in the telecommunications, telecommunications, telecommunications, telecommunications, cybersex in the State also recognizes
Philippines. and as a driving and as a driving and as a driving and as a driving Philippines. the importance of
force for the nation’s force for the nation’s force for the nation’s force for the nation’s providing an
overall social and overall social and overall social and overall social and environment
economic economic economic economic conducive to the
development. The development. The development. The development. The development,
State also recognizes State also recognizes State also recognizes State also recognizes acceleration, and
the importance of the importance of the importance of the importance of rational application
providing an providing an providing an providing an and exploitation of
environment environment environment environment information and
conducive to the conducive to the conducive to the conducive to the communications
development, development, development, development, technology to attain
acceleration and acceleration and acceleration and acceleration and free, easy, and
application of ICT to application of ICT to application of ICT to application of ICT to intelligible access to
attain free, easy and attain free, easy and attain free, easy and attain free, easy and exchange and/ or
intelligible access to intelligible access to intelligible access to intelligible access to delivery of
exchange and/or exchange and/or exchange and/or exchange and/or information; and the
delivery of delivery of delivery of delivery of need to protect and
information; and the information; and the information; and the information; and the safeguard the
need to protect and need to protect and need to protect and need to protect and integrity of
safeguard the safeguard the safeguard the safeguard the computer, computer
integrity of integrity of integrity of integrity of and communication
computer and computer and computer and computer and systems, networks,
communications communications communications communications and databases, and
systems, networks systems, networks systems, networks systems, networks the confidentiality,
and database, and and database, and and database, and and database, and integrity, and
the confidentiality, the confidentiality, the confidentiality, the confidentiality, availability of
integrity and integrity and integrity and integrity and information and data
availability of availability of availability of availability of stored therein, from
information and information and information and information and all forms of misuse,
data stored therein, data stored therein, data stored therein, data stored therein, abuse, and illegal
from all forms of from all forms of from all forms of from all forms of access by making
misuse, abuse and misuse, abuse and misuse, abuse and misuse, abuse and punishable under the
illegal access by illegal access by illegal access by illegal access by law such conduct or
making such conduct making such conduct making such conduct making such conduct conducts. In this
punishable under punishable under punishable under punishable under light, the State shall
the law. In this light, the law. In this light, the law. In this light, the law. In this light, adopt sufficient
the State shall the State shall adopt the State shall adopt the State shall adopt powers to effectively
adopt sufficient sufficient powers to sufficient powers to sufficient powers to prevent and combat
powers to effectively effectively prevent effectively prevent effectively prevent such offenses by
prevent and combat and combat such and combat such and combat such facilitating their
such offenses by offenses by offenses by offenses by detection,
facilitating their facilitating their facilitating their facilitating their investigation, and
detection, detection, detection, detection, prosecution at both
investigation and investigation and investigation and investigation and the domestic and
prosecution at both prosecution at both prosecution at both prosecution at both international levels
the domestic and the domestic and the domestic and the domestic and and by providing
 international levels, international levels, international levels, international levels, arrangements for
and by providing and by providing and by providing and by providing fast and reliable
arrangements for arrangements for arrangements for arrangements for international
fast and reliable fast and reliable fast and reliable fast and reliable cooperation.
international international international international
cooperation. cooperation. cooperation. cooperation.

No Provision No Provision No Provision No Provision No Provision SECTION 4. No Provision No Provision

Enforcement of the
Act. – Towards this
end, this act shall
prohibit the
operation of
cybersex in the
country, provide
corresponding
penalties for
violators and ensure
the welfare
sexworkers
particularly the
minors.
SEC. 3. Definition of SEC.3 Definition of SEC. 5. Definition of SEC. 3. Definition of SEC. 3. Definition of SECTION 5. SEC. 3. Definition of SEC. 3. Definition of
Terms. For purposes Terms. – For term- As used in this Terms. For Terms. For Definition of term- Terms. – As used in Terms. - For
of this Act, the purposes of this Act, Act, Cybersex shall purposes of this Act, purposes of this Act, As used in this Act, this Act, the term: purposes of this Act,
following terms are the following terms mean “any form of the following terms the following terms Cybersex shall mean the following terms
hereby defined as are hereby defined interactive are hereby defined are hereby defined “any form of are hereby defined
follows: as follows: prostitution and as follows: as follows: interactive as follows:
other forms of prostitution and
obscenity through other forms of
the cyberspace as obscenity through
the primary the cyberspace as
channel”. the primary
channel”.
a) Access - refers to (a) Access refers to a) Access refers to A.Access refers to A.Access refers to No provision No provision a) Access - refers to
the instruction, the instruction, the instruction, the instruction, the instruction, the instruction,
communication communication with, communication with, communication with, communication communication with,
with, storing data storage of data in, storage of data in, storage of data in, with, storage of data storing data in,
in, retrieving data retrieval of data retrieval of data retrieval of data in, retrieval of data retrieving data from,
from, or otherwise from, or otherwise from, or otherwise from, or otherwise from, or otherwise or otherwise making
making use of any making use of any making use of any making use of any making use of any use of any resources
resources of a resource of a resource of a resource of a resource of a of a computer,
 computer system computer system. computer system. computer system. computer system. computer and
or communication communications
network; network, or
database;
b) Alteration - refers (b) Alteration refers b) Alteration refers B.Alteration refers to B.Alteration refers to No provision No provision b) Alteration - refers
to the modification to the modification to the modification the modification or the modification or to the modification
or change, in form or or change, in form or or change, in form or change, in form or change, in form or or change, in form or
substance, of an substance, of an substance, of an substance, of an substance, of an substance, of an
existing computer existing computer existing computer existing computer existing computer existing computer
data or program; data or program. data or program. data or program. data or program. data or program;
c) Communication - (c) Communication (c) Communication C. Communication C. Communication No provision No provision c) Communication -
refers to the refers to the refers to the refers to the refers to the refers to the
transmission of transmission of transmission of transmission of transmission of transmission of
information information, information, information, information, information,
including voice and including voice and including voice and including voice and including voice and including voice and
non-voice data; non-voice data. non-voice data. non-voice data non-voice data non-voice data;
d) Computer system d) Computer system (d) Computer system D.Computer system D.Computer system No Provision A.“Computer” shall d) Computer - refers
– means any device – means any device refers to any device refers to any device refers to any device refer to an electronic to any device or
or a group of or a group of or group of or group of or group of machine that apparatus which by
interconnected or interconnected or interconnected or interconnected or interconnected or performs electronic, electro-
related devices, one related devices, one related devices, one related devices, one related devices, one mathematical or mechanical or
or more of which, or more of which, or more of which, or more of which, or more of which, logical calculations magnetic impulse, or
pursuant to a pursuant to a pursuant to a pursuant to a pursuant to a or that assembles, by other means, is
program, performs program, performs program, performs program, performs program, performs stores, correlates, or capable of receiving,
automatic automatic automated automated automated otherwise processes recording,
processing of data. processing of data. processing of data. It processing of data. It processing of data. It and prints transmitting, storing,
It covers any type of It covers any type of covers any type of covers any type of covers any type of information derived processing,
computer device computer device device with data device with data device with data from coded data in retrieving, or
including devices including devices processing processing processing accordance with a producing
with data processing with data processing capabilities capabilities capabilities predetermined information, data,
capabilities like capabilities like including, but not including, but not including, but not program and shall figures, symbols, or
mobile phones and mobile phones and limited to, limited to, limited to, include word other modes of
also computer also computer computers and computers and computers and processors, laptop expression according
networks. The networks. The mobile phones. The mobile phones. The mobile phones. The computers, to mathematical and
device consisting of device consisting of device consisting of device consisting of device consisting of mainframes or logical rules of
hardware and hardware and hardware and hardware and hardware and personal computers. performing any one
software may software may software may software may software may or more of those
include input, output include input, output include input, output include input, output include input, output functions, including
and storage facilities and storage facilities and storage and storage and storage its associated
which may stand which may stand components which components which components which devices and
alone or be alone or be may stand alone or may stand alone or may stand alone or peripherals;
connected in a connected in a be connected in a be connected in a be connected in a
network or other network or other network or other network or other network or other
similar devices. It similar devices. It similar devices. It similar devices. It similar devices. It
also includes also includes also includes also includes also includes
computer-data computer-data computer data computer data computer data
storage devices or storage devices or storage devices or storage devices or storage devices or
medium. medium. media. media. media.

e) Computer Data - (e) Computer data (e) Computer data E.Computer data E.Computer data No provision No provision e) Computer Data -
refers to any refers to any refers to any refers to any refers to any refers to any
representation of representation of representation of representation of representation of representation of
facts, information, or facts, information or facts, information or facts, information or facts, information or facts, information, or
concepts in a form concepts in a form concepts in a form concepts in a form concepts in a form concepts in a form
suitable for suitable for suitable for suitable for suitable for suitable for
processing in a processing in a processing in a processing in a processing in a processing in a
computer system computer system, computer system, computer system, computer system, computer system,
including a program including any including any including any including any including a program
suitable to cause a program capable of program capable of program capable of program capable of suitable to cause a
computer system to causing a computer causing a computer causing a computer causing a computer computer system to
perform a function system to perform a system to perform a system to perform a system to perform a perform a function
and includes function, as well as function, as well as function, as well as function, as well as
electronic electronic electronic electronic electronic
documents and/or documents or documents or documents or documents or
electronic data electronic data electronic data electronic data electronic data
messages messages. messages. messages. messages.
No Provision No Provision No Provision No Provision No Provision No Provision No Provision f) Computers and
Communications
Network or
Networks - refer to:

i. a group of
computers,
associated devices,
and/or its
peripherals that are
connected either
permanently or
temporarily, wired or
wireless, by
transmission and/or
communications
facilities which
facilitate and/or
provide the means of
sending,
 communicating,
processing and/or
transmitting voice
and/or non-voice
data and/or
information
electronically; or

ii. a group of
interconnected or
related devices,
including, but not
limited to, a group of
interconnected
computers, private
exchange branch
(PBX) wired or
wireless,
telecommunications
switching
equipment, one or
more of which,
pursuant to a
program, perform
automatic processing
of data;
f) Computer f) Computer program (f) Computer F. Computer F. Computer No provision No provision g) Computer
Program - refers to a refers to a set of program refers to a program refers to a program refers to a Program - refers to a
set of instructions instructions set of instructions set of instructions set of instructions set of instructions
executed by the executed by the executed by the executed by the executed by the executed by the
computer; computer to achieve computer to achieve computer to achieve computer to achieve computer to achieve
intended results. intended intended results. intended results. intended results;
g) Conduct Without (g) Conduct without g) Conduct without G.Conduct without G.Conduct without No provision No provision h) Conduct Without
Right right right right right Right - refers to
- refers to. either: (1) refers to either: (1) refers to either: (1) refers to either: (1) refers to either: (1) either: (I) conduct
conduct undertaken conduct undertaken conduct undertaken conduct undertaken conduct undertaken undertaken without
without or in excess without or in excess without or in excess without or in excess without or in excess or in excess of
of authority; or (ii) of authority; or (2) of authority; or (2) of authority; or (2) of authority; or (2) authority; or (2)
conduct not covered conduct not covered conduct not covered conduct not covered conduct not conduct not covered
by established legal by established legal by established legal by established legal covered by by established legal
defenses, excuses, defenses, excuses, defenses, excuses, defenses, excuses, established legal defenses, excuses,
court orders, court orders, court orders, court orders, defenses, excuses, court orders,
justifications, or justifications or justifications or justifications or court orders, justifications, or
relevant principles relevant principles relevant principles relevant principles justifications or relevant principles
under the law; under the law. under the law. under the law. relevant principles under the law;
under the law.
i) Cybercrime - refers
to any offense that
can be committed by
using a computer or
communications
system or network in
a computer or
communications
system or network
against a computer
or communications
system or network;
j) Cybersex or Virtual
Sex - refers to any
form of sexual
activity or arousal
with the aid of
computers or
communications
network;
k) Damage - in the
general sense, refers
to damage or injury
as defined under the
applicable laws,
including, but not
limited to, the
relevant provision of
the Civil Code of the
Philippines. In the
limited sense, it
means any
impairment to the
integrity or
availability of a
computer data,
program, system
information, or
network;
 With respect to
computer data or
programs as used in
this Act, the words
"damaging" and
"deteriorating" are
synonymous;
h) Database (h) Database h) Database H.Database H.Database No provision No provision 1) Database - refers
- refers to a refers to a refers to a refers to a refers to a to a representation
representation of representation of representation of representation of representation of of information,
information, information, information, information, information, knowledge, facts,
knowledge, facts, knowledge facts, knowledge, facts, knowledge, facts, knowledge, facts, concepts, or
concepts, or concepts or concepts or concepts or concepts or instructions which
instructions which instructions which instructions which instructions which instructions which are being prepared
are being prepared, are being prepared, are being prepared, are being prepared, are being prepared, or processed or have
processed or stored processed or stored processed or stored processed or stored processed or stored been prepared or
or have been or have been or have been or have been or have been processed in a
prepared, processed prepared, processed prepared, processed prepared, processed prepared, processed formalized manner
or stored in a or stored in an or stored in an or stored in an or stored in an and which are
formalized manner organized manner organized manner organized manner organized manner intended for use in a
and which are and which are and which are and which are and which are computer, computer
intended for use in a intended for use in a intended for use in a intended for use in a intended for use in a and communications
computer system; computer system. computer system computer system. computer system. network, computer
server, or database;
m) Deletion - refers
to the destruction or
impairment of
information or data
contained in a
computer or
computer and
communications
network by making
them unrecognizable
or by totally or
partially obliterating
the information or
data from the
computer or
computer network;
n) Distribution -
refers to the active
dissemination of
 data, information or
material using the
computer and/or
communications
computer network;
o) Electronic Data
Message - refers to
information
generated, sent,
received, or stored
by electronic,
optical, or similar
means;
p) Electronic
Document - refers to
the information or
the representation
of information, data,
figures, symbols, or
other modes or
written expression,
described or
however
represented, by
which a right is
established or an
obligation
extinguished, or by
which a fact may be
proved and affirmed,
which is received,
recorded,
transmitted, stored,
processed, retrieved,
or produced in and
through computer
and/or computer
and communications
networks;
i) Interception i) Interception i) Interception I .Interception I .Interception No provision No provision q) Interception -
- refers to listening refers to listening to, refers to listening refers to listening refers to listening refers to listening to,
to, recording, recording, to, recording, to, recording, to, recording, recording,
monitoring or monitoring or monitoring or monitoring or monitoring or monitoring or
surveillance of the surveillance of the surveillance of the surveillance of the surveillance of the surveillance of the
content of content of content of content of content of content of
communications, communications, communications, communications, communications, communications,
including procuring including including including including including producing
of the content of procurement of the procurement of the procurement of the procurement of the of the content of
data, either directly, content of data, content of data, content of data, content of data, data, either directly,
through access and either directly, either directly, either directly, either directly, through access and
use of a computer through access and through access and through access and through access and use of the computer
system or indirectly, use of a computer use of a computer use of a computer use of a computer or computer and
through the use of system or indirectly, system or indirectly, system or indirectly, system or indirectly, communications
electronic through the use of through the use of through the use of through the use of network or
eavesdropping or electronic electronic electronic electronic indirectly, through
tapping devices, at eavesdropping or eavesdropping or eavesdropping or eavesdropping or the use of electronic
the same time that tapping devices, at tapping devices, at tapping devices, at tapping devices, at eavesdropping or
the communication the same time that the same time that the same time that the same time that tapping devices, at
is occurring; the communication the communication the communication the communication the same time that
is occurring. is occurring. is occurring is occurring the communication
is occurring;
No provision No provision No provision No provision No provision No provision No provision r) Making available -
refers to the placing
of internet or online
devices, including
but not limited to,
the creation or
compilation of
hyperlinks in order
to facilitate access to
such devices, for the
use of others;
No provision No provision No provision No provision No provision No provision No provision s) Minor - refers to a
person below
eighteen (18) years
of age or those
beyond eighteen
(18) years of age but
whose mental
capacity is that of a
person below
eighteen (18) years
of age;
No provision No provision No provision No provision No provision No provision No provision t) Non-Public
Transmission - refers
to the transmission
 of information or
computer data
between computer
or computer and
communications
networks that are
not configured for
public access;
No provision No provision No provision No provision No provision No provision No provision u) Procuring Data or
Material - refers to
the act of actively
obtaining data,
information or
material by
downloading the
same from a
computer or
computer and
communications
network;
No provision No provision No provision No provision No provision No provision No provision v) Protected
Computers - refer to
any computer
exclusively for the
use of a financial
institution or the
government, or in
the case of a
computer not
exclusively for use,
used by or for a
financial institution
or the government,
and the conduct
constituting the
offenses affects that
use by or for the
financial institution
or the government;
No provision No provision No provision No provision No provision No provision No provision w) Protected Works -
refer to works,
including but not
limited to computer
 programs, systems,
and design,
protected under
applicable Philippine
laws;
No provision (j) Phishing j) Phishing J. Phishing J. Phishing No provision No provision No Provision
refers to the act of refers to the act of refers to the act of refers to the act of
securing personal securing personal securing personal securing personal
information such as information such as information such as information such as
username, username, username, username,
password, bank password, bank password, bank password, bank
account numbers account numbers account numbers account numbers
and credit card and credit card and credit card and credit card
details for the details for the details for the details for the
purpose of using it in purpose of using it in purpose of using it in purpose of using it
fraud, or for fraud, or for fraud, or for in fraud, or for
participating in participating in participating in participating in
fraudulent business fraudulent business fraudulent business fraudulent business
practices, or for the practices, or for the practices, or for the practices, or for the
purpose of identity purpose of identity purpose of identity purpose of identity
theft and theft and theft and theft and
misrepresentation misrepresentation. misrepresentation. misrepresentation.
j) Service Provider - (k) Service provider (k) Service provider K. Service provider K. Service provider No provision No provision x) Service Provider -
refers to: refers to: (1) any refers to: (1) any refers to: (1) any refers to: (1) any refers to the
public or private public or private public or private public or private provider of:
i. any public entity that provides entity that provides entity that provides entity that provides
or private entity that to users of its service to users of its service to users of its service to users of its service i.
provides to users of the ability to the ability to the ability to the ability to telecommunication
its service the ability communicate by communicate by communicate by communicate by s and internet or
to communicate by means of a means of a means of a means of a online services or
means of a computer system; or computer system; or computer system; or computer system; or network access, or
computer system, (2) any other entity (2) any other entity (2) any other entity (2) any other entity the operator of
and that processes or that processes or that processes or that processes or communications
ii. any other stores computer stores computer stores computer stores computer and network
entity that processes data on behalf of data on behalf of data on behalf of data on behalf of facilities therefor,
or stores computer such communication such communication such communication such communication including entities
data on behalf of service or users of service or users of service or users of service or users of offering the
such communication such service. such service. such service. such service. transmission,
service or users of routing, or
such service; providing of
connections for
internet or online
communications,
 digital or otherwise,
between or among
points specified by
a user, of electronic
documents of the
user's choosing; or

ii. any other

entity that processes
or stores information
on behalf of such
communication
service or users of
such service;
k) Subscriber's (l) Subscriber’s (l) Subscriber’s L. Subscriber’s L. Subscriber’s NO PROVISION NO PROVISION y) Subscriber's
Information - refers information refers to information refers to information refers to information refers to Information - refers
to any information any information any information any information any information to any information
contained in the contained in the contained in the contained in the contained in the contained in the
form of computer form of computer form of computer form of computer form of computer form of computer
data or any other data or any other data or any other data or any other data or any other data or any other
form that is held by form that is held by form that is held by form that is held by form that is held by form that is held by
a service provider, a service provider, a service provider, a service provider, a service provider, a service provider,
relating to relating to relating to relating to relating to relating to the
subscribers of its subscribers of its subscribers of its subscribers of its subscribers of its subscribers of its
services other than services other than services other than services other than services other than services other than
traffic or content traffic or content traffic or content traffic or content traffic or content traffic or content
data and by which data and by which data and by which data and by which data and by which data and by which
can be established; can be established: can be established: can be established: can be established: can be established:
(1) the type of (1) the type of
i. The type of communication communication i. the type of
communication service used, the service used, the communication
service used, the technical provisions technical provisions service used, the
technical provisions (1) the type of taken thereto and taken thereto and technical provisions
taken thereto and (1) the type of communication the period of service; the period of taken thereto and
the period of communication service used, the (2) the subscriber’s service; the period of service.
service; service used, the technical provisions identity, postal or (2) the subscriber’s
technical provisions taken thereto and geographic address, identity, postal or ii. the
ii. The subscriber's taken thereto and the period of service; telephone and other geographic address, subscriber's identity,
identity, postal or the period of service; access number, any telephone and other postal or geographic
geographic address, assigned network access number, any address, telephone
telephone and other address, billing and assigned network and other access
access number, any (2) the subscriber’s (2) the subscriber’s payment address, billing and number, any
assigned network identity, postal or identity, postal or information, payment assigned network
address, billing and geographic address, geographic address, available on the information, address, billing and
payment telephone and other telephone and other basis of the service available on the payment
information, access access number, any agreement or basis of the service information,
available on the number, any assigned network arrangement; or (3) agreement or available on the basis
basis of the service assigned network address, billing and any other available arrangement; or of the service
agreement or address, billing and payment information on the (3) any other agreement or
arrangement; payment information, site of the available arrangement;
information, available on the installation of information on the
iii. Any other available on the basis of the service communication site of the
available basis of the service agreement or equipment, available installation of
information on the agreement or arrangement; or on the basis of the communication
site of the arrangement; or service agreement or equipment, available
installation of arrangement. on the basis of the
communication service agreement or
equipment, available (3) any other arrangement.
on the basis of the (3) any other available
service agreement or available information on the
arrangement. information on the site of the
site of the installation of
installation of communication
communication equipment, available
equipment, available on the basis of the
on the basis of the service agreement or
service agreement or arrangement.
arrangement.
No provision No provision No provision No provision No provision No provision No provision z) Suppression of
Computer Data -
refers to any action
that prevents or
terminates the
availability of the
data to the person
who has access to
the computer or
computer and
communications
network on which it
was stored;
No provision No provision No provision No provision No provision No provision No provision aa) By Technical
Means - refers to the
use of technical
devices which are
fixed to transmission
 lines, as well as
devices such as
software, passwords,
and codes to collect
and/or record
wireless
communications or
those
communications
passing through, or
generated by
computer or
computer and
communications
networks;
1) Traffic Data or (m) Traffic data or (m) Traffic data or M. Traffic data or M. Traffic data or NO PROVISION NO PROVISION bb) Traffic Data or
Non-Content Data - non-content data non-content data non-content data non-content data Non-Content Data -
refers to any refers to any refers to any refers to any refers to any refers to any
computer data other computer data other computer data other computer data other computer data other computer data other
than the content of than the content of than the content of than the content of than the content of than the content of
the communication, the communication the communication the communication the communication the communication,
including but not including, but not including, but not including, but not including, but not including but not
limited to the limited to, the limited to, the limited to, the limited to, the limited to the
communication's communication’s communication’s communication’s communication’s communication's
origin, destination, origin, destination, origin, destination, origin, destination, origin, destination, origin, destination,
route, time, date, route, time, date, route, time, date, route, time, date, route, time, date, route, time, date,
size, duration, or size, duration or type size, duration or type size, duration or type size, duration or type size, duration, or
type of underlying of underlying of underlying of underlying service of underlying service type of underlying
service. service. service. service, among
others
No Provision No Provision No Provision No Provision No Provision No Provision SEC 4. Prohibited No Provision
Activities. – It shall
be unlawful:
A. to use and
operate a computer
or computer
network primarily to
facilitate criminal
activity or primarily
to commit activities
prohibited under the
Revised Penal Code
and other special
 laws;
B. to use a
computer or
computer network
to transmit a
communication
intended to conceal
or hide the origin of
money or other
assets, tangible or
intangible, that were
derived from the
commission of a
crime;
C. to use a
computer or
computer network
to conceal,
obliterate or hide
the identity of
persons guilty of
committing a crime
or an offense; and
D. to use a
computer or
computer network
to conceal or hide
the commission of a
crime or an offense
and the evidence
thereof
SEC. 4. Cybercrime SEC. 4. Cybercrime SEC. 4. Cybercrime SEC. 4. Cybercrime. SEC. 4. Cybercrime NO PROVISION NO PROVISION SEC. 4. - The
Offenses. -- The Offenses. – The Offenses. – The The following acts Offenses. The following acts
following acts following acts following acts constitute following acts constitute the
constitute the constitute the constitute the cybercrime constitute the offense of
offense of offenses of offenses of punishable under offenses of cybercrime
cybercrime cybercrime cybercrime this Act: cybercrime punishable under
punishable under punishable under punishable under punishable under this Act:
this Act: this Act: this Act: this Act:
A. Offenses against (A) Offenses against (A) Offenses against A.Offenses against A.Offenses against NO PROVISION NO PROVISION A. Computer Crime -
the confidentiality, the confidentiality, the confidentiality, the confidentiality, the confidentiality, any act committed
integrity and integrity and integrity and integrity and integrity and by means of
availability of availability of availability of availability of availability of electronic
computer data and computer data and computer data and computer data and computer data and operations that
systems: systems: systems: systems: systems: targets the security
of computer or
communications
systems or network
and the data
processed by them
such as but not
limited to:
1. Illegal Access -The (1) Illegal Access. – (1) Illegal Access. – (1)Illegal Access. (1)Illegal Access. No Provision No Provision 1. Illegal Access - The
intentional access to The intentional The intentional The intentional The intentional access to the whole
the whole or any access to the whole access to the whole access to the whole access to the whole or any part of a
part of a computer or any part of a or any part of a or any part of a or any part of a computer or
system without computer system computer system computer system computer system communications
right. without right. without right. without right. without right. system or computer
or communications
network without
right or authority
2. Illegal Interception (2) Illegal (2) Illegal (2)Illegal (2)Illegal No Provision No provision 2. Illegal Interception
- The intentional Interception. – The Interception. – The Interception. The Interception. The - The interception
interception made intentional intentional intentional intentional made by technical
by technical means interception made interception made interception made interception made means without right
without right of any by technical means by technical means by technical means by technical means of any non-public
non-public without right of any without right of any without right of any without right of any transmission of
transmission of non-public non-public non-public non-public computer or
computer data to, transmission of transmission of transmission of transmission of communication data
from, or within a computer data to, computer data to, computer data to, computer data to, to, from, or within a
computer system from, or within a from, or within a from, or within a from, or within a computer or
including computer system computer system computer system computer system communication
electromagnetic including including including including network, including
emissions from a electromagnetic electromagnetic electromagnetic electromagnetic electromagnetic
computer system emissions from a emissions from a emissions from a emissions from a emissions from a
carrying such computer system computer system computer system computer system computer or
computer data: carrying such carrying such carrying such carrying such communication
Provided, however, computer data: computer data: computer data: computer data: network carrying
That it shall not be Provided, That it Provided, That it Provided, That it Provided, That it such computer data:
unlawful for an shall not be unlawful shall not be unlawful shall not be unlawful shall not be unlawful Provided, however,
officer, employee, or for an officer, for an officer, for an officer, for an officer, That it shall not be
agent of a service employee or agent employee or agent employee or agent employee or agent unlawful for an
provider, whose of a service provider, of a service provider, of a service provider, of a service provider, officer, employee, or
facilities are used in whose facilities are whose facilities are whose facilities are whose facilities are agent of a service
the transmission of used in the used in the used in the used in the provider, whose
communications, to transmission of transmission of transmission of transmission of facilities are used in
intercept, disclose, communications, to communications, to communications, to communications, to the transmission of
or use that intercept, disclose, intercept, disclose, intercept, disclose, intercept, disclose, communications, to
communication in or use that or use that or use that or use that intercept, disclose,
the normal course of communication in communication in communication in communication in or use that
his employment the normal course of the normal course of the normal course of the normal course of communication in
while engaged in any his employment his employment his employment his employment the normal course of
activity that is while engaged in any while engaged in any while engaged in any while engaged in any his employment
necessary to the activity that is activity that is activity that is activity that is while engaged in any
rendition of his necessary to the necessary to the necessary to the necessary to the activity that is
service or to the rendition of his rendition of his rendition of his rendition of his necessary to the
protection of the service or to the service or to the service or to the service or to the rendition of his
rights or property of protection of the protection of the protection of the protection of the service or to the
the service provider, rights or property of rights or property of rights or property of rights or property of protection of the
except that the the service provider, the service provider, the service provider, the service provider, rights or property of
latter shall not utilize except that the except that the except that the except that the the service provider,
service observing or latter shall not utilize latter shall not utilize latter shall not utilize latter shall not utilize except that the latter
random monitoring service observing or service observing or service observing or service observing or shall not utilize
except for random monitoring random monitoring random monitoring random monitoring service observing or
mechanical or except for except for except for except for random monitoring
service control mechanical or mechanical or mechanical or mechanical or except for
quality checks; service control service control service control service control mechanical or
quality checks. quality checks. quality checks. quality checks. service control
quality checks:
Provided, further,
That it shall not be
unlawful for a person
to intercept or
record a
communication
where there is no
reasonable
expectation of
privacy.
No provision No Provision No Provision No Provision No Provision No Provision No Provision B. Computer
Sabotage - the input,
alteration, erasure
or suppression of
computer or
communication data
or computer or
communication
programs, or
 interference with
computer and
communication
system or network,
with the intent to
hinder the
functioning of a
computer or
communication
system or network
such as but not
limited to:
3. Data interference (3) Data (3) Data (3) Data (3) Data No Provision No Provision 1. Data
–the intentional or Interference. – The Interference. – The Interference. The Interference. The Interference - the
reckless alteration of intentional or intentional or intentional or intentional or intentional or
computer data reckless alteration of reckless alteration of reckless alteration of reckless alteration of reckless damaging,
without right. computer data computer data computer data computer data deletion,
without right. without right. without right. without right. deterioration,
alteration or
suppression of
computer data,
electronic
document, or
electronic data
message, without
right, including the
introduction or
transmission of
viruses.
4. System (4) System (4) System (4)System (4)System No Provision No Provision 2. System
Interference - the Interference. – The Interference. – The Interference. The Interference. The Interference - the
intentional or intentional or intentional or intentional or intentional or alteration, or
reckless hindering reckless hindering reckless hindering reckless hindering reckless hindering reckless hindering
without right of the without right of the without right of the without right of the without right of the or interference with
functioning of a functioning of a functioning of a functioning of a functioning of a the functioning of a
computer system by computer system by computer system by computer system by computer system by computer or
inputting, inputting, inputting, inputting, inputting, computer network
transmitting, transmitting, transmitting, transmitting, transmitting, by inputting,
deleting pr altering deleting or altering deleting or altering deleting or altering deleting or altering transmitting,
computer data or computer data or computer data or computer data or computer data or damaging, deleting,
program. program. program. program. program. deteriorating,
altering, or
suppressing
 computer data or
program, electronic
document, or
electronic data
message, without
right or authority,
including the
introduction or
transmission of
viruses.
5. Misuse of Devices (5) Misuse of (5) Misuse of (5)Misuse of (5)Misuse of No Provision No Provision 3. Misuse of Devices -
- Devices. – Devices. – Devices. Devices.
a The use,
a. The use, (a) The use, (a) The use, (a) The use, (a) The use, production, sale,
production, sale, production, sale, production, sale, production, sale, production, sale, procurement,
procurement, procurement, procurement, procurement, procurement, importation,
importation, importation, importation, importation, importation, distribution, or
distribution, or distribution or distribution or distribution or distribution or otherwise making
otherwise making otherwise making otherwise making otherwise making otherwise making available, without
available, without available, without available, without available, without available, without right, of:
right, of: right,of: right, of: right, of: right, of:

i. a device, including (i) A device, (i) A device, (i) A device, (i) A device, (1) a device,
a computer including a computer including a computer including a including a including a computer
program, designed program, designed program, designed computer computer program, designed
or adapted primarily or adapted primarily or adapted primarily program, designed program, designed or adapted primarily
for the purpose of for the purpose of for the purpose of or adapted or adapted for the purpose of
committing any of committing any of committing any of primarily for the primarily for the committing any of
the offenses under the offenses under the offenses under purpose of purpose of the offenses under
this Act; or this Act; or this Act;or committing any of committing any of Section 4.1 to 4.4
the offenses under the offenses under hereof; or
this Act; or this Act; or
ii. a computer (ii) A computer (ii) A computer (2) a computer
password, access password, access password, access (ii) A computer (ii) A computer password, access
code, or similar data code, or similar data code, or similar data password, access password, access code, or similar data
by which the whole by which the whole bywhich the whole code, or similar data code, or similar data by which the whole
or any part of a or any part of a or any part of a by which the whole by which the whole or any part of a
computer system is computer system is computer system is or any part of a or any part of a computer or
capable of being capable of being capable of being computer system is computer system is computer network is
accessed with intent accessed with the accessed with the capable of being capable of being capable of being
that it be used for intent that it be used intent that it be used accessed with the accessed with the accessed;
the purpose of for the purpose of for the purpose of intent that it be used intent that it be
committing any of committing any of committing any of for the purpose of used for the
the offenses under the offenses under the offenses under committing any of purpose of
this Act;. this Act. this Act. the offenses under committing any of
this Act. the offenses under
this Act.
(b) The possession of (b) The possession of b. The possession of
b. The possession of an item referred to an item referred to (b) The possession of an item referred to
an item referred to in paragraphs A, 5(a) in paragraphs A, 5(a) an item referred to (b) The possession of in paragraphs (a) (1)
in paragraphs 5(a)(i) (i) or (ii) herein with (i) or (ii) herein with in paragraphs A, 5(a) an item referred to or (2) above with
or (ii) above with the intent to use said the intent to use said (i) or (ii) herein with in paragraphs A, 5(a) intent to use said
intent to use said devices for the devices for the the intent to use said (i) or (ii) herein with devices for the
devices for the purpose of purpose of devices for the the intent to use said purpose of
purpose of committing any of committing any of purpose of devices for the committing any of
committing any of the offenses under the offenses under committing any of purpose of the offenses under
the offenses under this section: this section: the offenses under committing any of Section 4.1 to 4.4
this Section. Provided, That no Provided, That no this section: the offenses under hereof Provided,
Provided, That no criminal liability shall criminal liability shall Provided, That no this section: That no criminal
criminal liability shall attach when the use, attach when the use, criminal liability shall Provided, That no liability shall attach
attach when the use, production, sale, production, sale, attach when the use, criminal liability shall when the use,
production, sale, procurement, procurement, production, sale, attach when the use, production, sale,
procurement, importation, importation, procurement, production, sale, procurement,
importation, distribution, or distribution, or importation, procurement, importation,
distribution, or otherwise making otherwise making distribution, or importation, distribution, or
otherwise making available, or available, or otherwise making distribution, or otherwise making
available, or possession of possession of available, or otherwise making available, or
possession of computer computer possession of available, or possession of
computer devices/data devices/data computer possession of computer devices
devices/data referred to is for the referred to is for the devices/data computer data referred to in
referred to is for the authorized testing of authorized testing of referred to is for the devices/data paragraph 3(a)
authorized testing of a computer system. a computer system. authorized testing of referred to is for the herein is for: (1) the
a computer system a computer system. authorized testing of authorized testing of
a computer system. a computer,
computer network,
or computer
program; or (2)
purely academic
purposes: Provided,
however, That in any
event, before such
devices are used on a
computer or
computer network,
the prior consent of
the owner of the
 computer or
computer network is
obtained.
B. Computer-related (B) Computer- (B) Computer- B. Computer-related B. Computer-related No Provision No Provision No Provision
Offenses: related Offenses: related Offenses: Offenses: Offenses:
1. Computer-related (1) Computer (1) Computer (1)Computer (1) Computer No Provision No Provision 4. Computer
Forgery – Forgery. – Forgery. – Forgery. - Forgery. Forgery - the input,
(a) the intentional (a) The intentional (a) The intentional (a) The (a). The intentional alteration, erasure,
input, alteration, or input, alteration or input, alteration or intentional input, input, alteration or or suppression of
deletion of any deletion of any deletion of any alteration or deletion deletion of any any computer or
computer data computer data, computer data, of any computer computer data, communication data,
without right without right without right data, without right without right computer or
resulting in resulting in resulting in resulting in resulting in communication
inauthentic data unauthentic data unauthentic data unauthentic data unauthentic data program, electronic
with the intent that with the intent that with the intent that with the intent that with the intent that document, or
it be considered or it be considered or it be considered or it be considered or it be considered or electronic data
acted upon for legal acted upon for legal acted upon for legal acted upon for legal acted upon for legal message, or
purposes as if it purposes as if it purposes as if it purposes as if it were purposes as if it interference with the
were authentic, were authentic, were authentic, authentic, regardless were authentic, computer and
regardless whether regardless whether regardless whether whether or not the regardless whether communication
or not the data is or not the data is or not the data is data is directly or not the data is system or network,
directly readable and directly readable directly readable and readable and directly readable in a manner or under
intelligible; and intelligible; or intelligible; or intelligible; or and intelligible; or such conditions that
would constitute the
(b)The act of offense of forgery
(b) the act of (b) The act of (b) The act of knowingly using a (b)The act of under Act No. 3815,
knowingly using knowingly using a knowingly using a computer data knowingly using a as amended,
computer data computer data computer data which is the product computer data otherwise known as
which is the product which is the product which is the product of computer-related which is the product the Revised Penal
of computer-related of computer-related of computer-related forgery as defined of computer-related Code or special laws;
forgery as defined forgery as defined forgery as defined herein, for the forgery as defined the act of knowingly
herein, for the herein, for the herein, for the purpose of herein, for the using a computer
purpose of purpose of purpose of perpetuating a purpose of and communication
perpetuating a perpetuating a perpetuating a fraudulent or perpetuating a data which are the
fraudulent or fraudulent or fraudulent or dishonest design. fraudulent or products of
dishonest design. dishonest design. dishonest design. dishonest design. computer or
communication
forgery as defined
herein, for the
purpose of
perpetuating a
fraudulent or
dishonest design.
No Provision (2) Computer- (2) Computer- (2) Computer- (2) Computer- No Provision No provision 3. Computer
related Fraud. – The related Fraud. – The related Fraud. – The Related Fraud. The Fraud - the
intentional and intentional and intentional and intentional and intentional and
unauthorized input, unauthorized input, unauthorized input, unauthorized input, unauthorized input,
alteration, or alteration, or alteration, or alteration, or alteration, erasure or
deletion of deletion of deletion of deletion of suppression of
computer data or computer data or computer data or computer data or computer data or
program or program or program or program or program, electronic
interference in the interference in the interference in the interference in the document, or
functioning of a functioning of a functioning of a functioning of a electronic data
computer system computer system computer system computer system message, or
including, but not including, but not including, but not including, but not interference in the
limited to, phishing, limited to, phishing, limited to, phishing, limited to, phishing, functioning of a
causing damage causing damage causing damage causing damage computer or
thereby, with the thereby, with the thereby, with the thereby, with the computer network,
intent of procuring intent of procuring intent of procuring intent of procuring causing damage
an economic benefit an economic benefit an economic an economic benefit thereby, with the
for oneself or for for oneself or for benefit for oneself for oneself or for intent of procuring
another person or another person or or for another another person or an economic benefit
for the perpetuation for the perpetuation person or for the for the perpetuation for oneself or for
of a fraudulent or of a fraudulent or perpetuation of a of a fraudulent or another person or
dishonest activity: dishonest activity: fraudulent or dishonest activity: for the perpetuation
Provided, That if no Provided, That if no dishonest activity: Provided, That if no of a fraudulent or
damage has yet damage has yet Provided, That if no damage has yet dishonest activity.
been caused, the been caused, the damage has yet been caused, the
penalty imposable penalty imposable been caused, the penalty imposable
shall be one degree shall be one degree penalty imposable shall be one degree
lower. lower. shall be one degree lower.
lower.
No Provision No Provision No Provision No Provision No Provision No Provision No Provision C. Computer
Facilitated Crime - an
act where the
computer or
communication
system or network is
used as a tool or
instrument or is
illegally accessed to
facilitate the
commission of
crimes and offenses
to include, but not
limited to, the
 following:
No Provision No Provision No Provision No Provision No Provision No Provision No Provision 1. Offenses
Related to Cybersex -
Without prejudice to
the prosecution
under Republic Act
No. 9208, otherwise
known as the “Anti-
Trafficking Act” and
Republic Act No.
7610, otherwise
known as the “Child
Protection Act”, any
person who in any
manner advertises,
promotes, or
facilitates the
commission of
cybersex through the
use of information
and communications
technology such as,
but not limited to,
computers,
computer networks,
internet, television,
satellite, mobile
telephone, or any
person committing
any of the following
acts is liable under
this Act:

a. Producing
child pornography
for the purpose of
distribution through
a computer or
computer network;

b. Offering or making
available child
pornography
through a computer
or computer
network; or

c. Distribution or
transmitting child
pornography
through a computer
or computer
network;

d. Possessing child
pornography
materials in the
computer or
computer
communications
system or network or
on a computer data
storage medium;

e. Prostitution or
solicitation of any
form of cybersex for
any favor or
monetary
consideration;

f. Operation of
internet cafe or any
type of
establishment which
engages in any form
of cybersex for any
favor or monetary
consideration; and

g. Promotion and
advertisement of any
form of cybersex.

For purposes of this

Section, the term
"child pornography"
shall include
pornographic
material that visually
depicts: (a) a minor
engaged in sexually
explicit conduct; or
(b) a person
appearing to be a
minor engaged in
sexually explicit
conduct. The term
"prostitution" shall
refer to any act,
transaction, scheme
or design involving
the use of a person
by another, for
sexual intercourse Of
lascivious conduct in
exchange for money,
profit or any other
consideration
2. Violations
of the Revised Penal
Code. the Intellectual
Property Code. the
Consumer Act and
Other Relevant Laws
- Violations of Act
No. 3815, as
amended, otherwise
known as the
“Revised Penal
Code”, Republic Act
No. 8293 otherwise
known as the
“Intellectual
Property Code”,
Republic Act No.
7394 otherwise
known as the
“Consumer Act”,
 Republic Act No.
9208 otherwise
known as the “Anti-
Trafficking Act”,
Republic Act No.
4200 otherwise
known as the “Anti
Wiretapping Act”
and other relevant
and pertinent laws
through the use of,
aided by, involving
computers or
computer and
communications
network or through
transactions covered
by or using electronic
documents or
electronic data
messages shall
likewise be
punishable and
prosecuted under
those laws with the
appropriate
maximum penalties.
C. Content-related C. Content-related (C) Content-related C.Content-related C.Content-related No Provision No Provision No Provision
Offenses offenses Offenses: Offenses Offenses:

1. Cybersex - any (1) Cybersex. – (1)Cybersex. – (1) Cybersex. – (1) Cybersex. No Provision No provision No Provision
person who Engaging in any of Engaging in any of Engaging in any of Engaging in any of
establishes, the following acts: the following acts: the following acts: the following acts:
maintains or
controls, directly or (a) Establishing, (a) Establishing, (a) Establishing, (i)Establishing,
indirectly, any maintaining or maintaining or maintaining or maintaining or
operation for sexual controlling, directly controlling, controlling, controlling, directly
activity or arousal or indirectly, any directly or directly or or indirectly, any
with the aid of or operation for sexual indirectly, any indirectly, any operation for sexual
through the use of a activity or arousal operation for operation for activity or arousal
computer system, with the aid of or sexual activity or sexual activity or with the aid of or
for a favor or through the use of a arousal with the arousal with the through the use of a
consideration. computer system, aid of or aid of or computer system,
for a favor or through the use through the use for a favor or
consideration; of a computer of a computer consideration;
system, for a system, for a
favor or favor or
consideration; consideration;

(b) Recording private (b) Recording (b) Recording (ii)Recording private

acts including, but private acts private acts acts including, but
not limited to, sexual including, but including, but not limited to, sexual
acts,without the not limited to, not limited to, acts, without the
consent of all parties sexual acts, sexual acts, consent of all parties
to the said acts or without the without the to the said acts or
disseminating any consent of all consent of all disseminating any
such recording by parties to the parties to the such recording by
any electronic said acts or said acts or any electronic
means with or disseminating disseminating means with or
without the consent any such any such without the consent
of all parties to the recording by any recording by any of all parties to the
said acts; electronic electronic said acts;
means with or means with or
without the without the
consent of all consent of all
parties to the parties to the
(c) Coercing, said acts; said acts;
intimidating or (iii)Coercing,
fraudulently (c) Coercing, (c) Coercing, intimidating or
inducing another intimidating or intimidating or fraudulently
into doing such fraudulently fraudulently inducing another
indecent acts for inducing inducing into doing such
exhibition in the another into another into indecent acts for
internet with the use doing such doing such exhibition in the
of computer indecent acts for indecent acts for internet with the use
technologies; exhibition in the exhibition in the of computer
internet with internet with technologies;
the use of the use of
computer computer
(d) Exhibiting live or technologies; technologies;
recorded shows (iv)Exhibiting live or
depicting sexual or (d) Exhibiting live or (d) Exhibiting live or recorded shows
other obscene or recorded shows recorded shows depicting sexual or
indecent acts; depicting sexual depicting sexual other obscene or
or other or other indecent acts;
obscene or obscene or
 (e) Posting of indecent acts; indecent acts;
pictures depicting (v)Posting of pictures
sexual or other (e) Posting of (e) Posting of depicting sexual or
obscene or indecent pictures pictures other obscene or
acts; depicting sexual depicting sexual indecent acts;
or other or other
obscene or obscene or
(f) Establishing, indecent acts; indecent acts; (vi)Establishing,
financing, managing, financing, managing,
producing or (f) Establishing, (f) Establishing, producing or
promoting a financing, financing, promoting a
cybersex operation; managing, managing, cybersex operation;
producing or producing or
promoting a promoting a
(g) Participating, in cybersex cybersex (vii)Participating, in
whatever form, in operation; operation; whatever form, in
the cybersex the cybersex
operation; and (g) Participating, in (g) Participating, in operation; and
whatever form, whatever form,
(h) Coercing, in the cybersex in the cybersex (viii)Coercing,
threatening, operation; and operation; and threatening,
intimidating or intimidating or
inducing anyone to (h) Coercing, (h) Coercing, inducing anyone to
participate in the threatening, threatening, participate in the
cybersex operation. intimidating or intimidating or cybersex operation
inducing anyone inducing anyone
to participate in to participate in
the cybersex the cybersex
operation operation
2. Child Pornography (2) Child (2) Child (2) Child (2) Child No Provision No Provision
- any person who Pornography. – Pornography. – Pornography. – Pornography.
willfully engages in Engaging in any of Engaging in any of Engaging in any of Engaging in any of
the following acts: the following acts: the following acts: the following acts: the following acts:

a. Producing child
pornography (a) Producing child (a) Producing child (a) Producing child (a)Producing child
through a computer pornography for the pornography for the pornography for the pornography for the
system; purpose of purpose of purpose of purpose of
distribution through distribution through distribution through distribution through
a computer system; a computer system; a computer system; a computer system;
b. Offering or
making, available (b) Offering or (b) Offering or (b) Offering or (b)Offering or
child pornography making available making available making available making available
through a computer child pornography child pornography child pornography child pornography
system; through a computer through a computer through a computer through a computer
system; system; system; system;
c. Distributing or
transmitting child (c) Distribution or (c) Distribution or (c) Distribution or (c)Distribution or
pornography transmitting child transmitting child transmitting child transmitting child
through a computer pornography pornography pornography pornography
system; through a computer through a computer through a computer through a computer
system; system; system; system.
d. Procuring child
pornography (d) Procuring child (d) Procuring child (d) Procuring child (d)Procuring child
through a computer pornography pornography pornography pornography
system for oneself or through a computer through a computer through a computer through a computer
for another person; system for oneself or system for oneself or system for oneself or system for oneself or
or for another person; for another person; for another person; for another person;
or or or or
e. Possessing child
pornography (e) Possessing child (e) Possessing child (e) Possessing child (e)Possessing child
materials in the pornography pornography pornography pornography
computer system or materials in the materials in the materials in the materials in the
on a computer data computer system or computer system or computer system or computer system or
storage medium. on a computer data on a computer data on a computer data on a computer data
storage device or storage device or storage device or storage device or
medium medium. medium. medium.
For purposes of this
Section, the term For the purposes of For the purposes of For the purposes of For the purposes of
"child pornography" this Section, the this section, the this section, the this section, the
shall include term “child term “child term “child term “child
pornographic pornography” shall pornography” shall pornography” shall pornography” shall
material that visually include include include include
depicts: (a) a minor pornographic pornographic pornographic pornographic
engaged in sexually material that visually material that visually material that visually material that visually
explicit conduct; (b) depicts: (i) a minor depicts: (i) a minor depicts: (i) a minor depicts: (i) a minor
a person appearing engaged in sexually engaged in sexually engaged in sexually engaged in sexually
to be a minor explicit conduct; (ii) explicit conduct; (ii) explicit conduct; (ii) explicit conduct; (ii)
engaged in sexually a person appearing a person appearing a person appearing a person appearing
explicit conduct; (c) to be a minor to be a minor to be a minor to be a minor
realistic images engaged in sexually engaged in sexually engaged in sexually engaged in sexually
representing a minor explicit conduct; or explicit conduct; or explicit conduct; or explicit conduct; or
engaged in sexually (iii) realistic images (iii) realistic images (iii) realistic images (iii) realistic images
explicit conduct. representing a minor representing a minor representing a minor representing a minor
engaged in sexually engaged in sexually engaged in sexually engaged in sexually
explicit conduct. explicit conduct. explicit conduct. explicit conduct.
3. Unsolicited (3) Unsolicited (3) Unsolicited (3)Unsolicited (3)Unsolicited No Provision (3) Unsolicited 4. Unsolicited
Commercial Commercial Commercial Commercial Commercial Commercial Commercial
Communications. -- Communications. – Communications. – Communications. Communications. Communications. – Communications -
The transmission of The transmission of The transmission of The transmission of The transmission of The transmission of The transmission of
commercial commercial commercial commercial commercial commercial electronic messages
electronic electronic electronic electronic electronic electronic with the use of
communication with communication with communication with communication with communication with communication with computers,
the use of computer the use of a the use of a the use of a the use of a the use of a computer networks,
system which seek computer system computer system computer system computer system computer system or other
to advertise, sell, or which seek to which seek to which seek to which seek to which seek to communication
offer for sale advertise, sell or advertise, sell or advertise, sell or advertise, sell or advertise, sell or devices which seek
products and offer for sale offer for sale offer for sale offer for sale offer for sale to advertise, sell or
services are products and products and products and products and products and offer for sale
prohibited unless: services are services are services are services are services are products and
prohibited unless: prohibited unless: prohibited unless: prohibited unless: prohibited unless: services are
a. There is a prior prohibited unless:
affirmative consent (a) There is a prior (a) There is a prior (a)There is a prior (a)There is a prior (a) There is a prior
from the recipient; affirmative consent affirmative consent affirmative consent affirmative consent affirmative consent a. There is prior
or from the recipient; from the recipient; from the recipient; from the recipient; from the recipient; affirmative consent
or or or or or from the recipient;
b. The following or
conditions are (b) The following (b) The following (b)The following (b)The following (b) The following
present: conditions are conditions are conditions are conditions are conditions are b. The following
present: present: present: present: present: conditions are
i. The commercial present:
electronic (i) The commercial (i) The commercial (i) The commercial (i)The commercial (i) The commercial
communication electronic electronic electroic electroic electronic i. The
contains a simple, communication communication communication communication communication commercial
valid, and reliable contains a simple, contains a simple, contains a simple, contains a simple, contains a simple, electronic
way for the recipient valid and reliable valid and reliable valid and reliable valid and reliable valid and reliable communication
to reject receipt of way for the recipient way for the recipient way for the recipient way for the recipient way for the recipient contains a simple,
further commercial to reject receipt of to reject receipt of to reject receipt of to reject receipt of to reject receipt of valid, and reliable
electronic messages further commercial further commercial further commercial further commercial further commercial way for the recipient
('opt- out') from the electronic electronic electronic electronic electronic to reject receipt of
same source; communication from communication from communication from communication from communication from further commercial
the same source, the same source, the same source, the same source, the same source, electronic messages
also referred to as also referred to as also referred to as also referred to as also referred to as (also known as "opt-
opt-out; opt-out; opt-out; opt-out; opt-out; out") from the same
source;
ii. The commercial (ii) The commercial (ii) The commercial (ii) The commercial (ii)the commercial (ii) The commercial
electronic electronic electronic electronic electronic electronic ii. The
communication does communication does communication does communication does communication does communication does commercial
not purposely not purposely not purposely not purposely not purposely not purposely electronic
disguise the source disguise the source disguise the source disguise the source disguise the source disguise the source communication does
of the electronic of the electronic of the electronic of the electronic of the electronic of the electronic not purposely
message; and message; and message; and message; and message; and message; and disguise the source
of the electronic
iii. The commercial (iii) The commercial (iii) The commercial (iii) The commercial (iii) The commercial (iii) The commercial message; and
electronic electronic electronic electronic electronic electronic
communication does communication does communication does communication does communication does communication does iii. The
not purposely not purposely not purposely not purposely not purposely not purposely commercial
include misleading include misleading include misleading include misleading include misleading include misleading electronic
information in any information in any information in any information in any information in any information in any communication does
part of the message part of the message part of the message part of the message part of the message part of the message not purposely
in order to induce in order to induce in order to induce in order to induce in order to induce in order to induce include misleading
the recipients to the recipients to the recipients to the recipients to the recipients to the recipients to information in any
read the message read the message. read the message. read the message. read the message. read the message. part of the message
in order to induce
the recipients to
read message.
SEC. 5. Other SEC. 5. Other SEC. 5. Other SEC. 5. Other SEC. 5. Other No provision No Provision No Provision
Offenses. The Offenses. – The Offenses. – The Offenses. The Offenses. The
following acts shall following acts shall following acts shall following acts shall following acts shall
also constitute an also constitute an also constitute an also constitute an also constitute an
offense: offense: offense: offense: offense:

1. Aiding or Abetting (a) Aiding or (a) Aiding or (A) Aiding or (a) Aiding or No provision No Provision SEC. 8. Aiding or
in the Commission of Abetting in the Abetting in the Abetting in the Abetting in the Abetting in the
Cybercrime. -- Any Commission of Commission of Commission of Commission of Commission of
person who willfully Cybercrime. – Any Cybercrime. – Any Cybercrime. – Any Cybercrime. Any Cybercrime. - Any
abets or aids in the person who willfully person who willfully person who willfully person who person who wilfully
commission of any abets or aids in the abets or aids in the abets or aids in the willfully abets or abet or aid in the
of the offenses commission of any commission of any commission of any aids in the commission of any
enumerated in this of the offenses of the offenses of the offenses commission of any of the offenses
Act shall be held enumerated in this enumerated in this enumerated in this of the offenses enumerated in
liable. Act shall be held Act shall be held Act shall be held enumerated in this Chapter II hereof
liable; or liable; or liable; or Act shall be held shall be held liable
liable; or under this Act.
2. Attempt in the (b) Attempt to
Commission of (b) Attempt to Commit Cybercrime. (B) Attempt to (b)Attempt to
Cybercrime - Any Commit Cybercrime. – Any person who Commit Cybercrime. Commit Cybercrime.
person who willfully – Any person who willfully attempts to – Any person who Any person who
attempts to commit willfully attempts to commit any of willfully attempts to willfully attempts to
any of offenses commit any of offenses commit any of commit any of
enumerated in this offenses enumerated in this offenses offenses
Act shall be held enumerated in this Act shall be held enumerated in this enumerated in this
liable. Act shall be held liable. Act shall be held Act shall be held
liable. liable. liable.
No Provision No Provision No Provision No Provision No provision SECTION 6. Unlawful No Provision No Provision
Acts –This Act shall
prohibit the
following obscene
acts through the use
of the cyberspace:

1. Live sex shows

whose participant
either heterosexual
or homosexual
copulates or perform
sexual acts normals,
oral and anal;

2. Explicit picture,
scenes or exhibitions
depicting or
describing
homosexual and
lesbian acts;
heterosexual acts
(normal, oral or
anal); masturbation
including the
practice of
autoerotism;
excretion such as
urination and edema
materials;
sadomasochistic sex
that involves
whippings, beatings,
slashing and other
forms of physical
injuries, bestiality,
necrophilia; bondage
and sex;

3. Depiction or
description of sex
mixed with
sacrileges;

4. Explicit pictures or
scenes depicting or
describing in sex acts
with other children
or with adults;

5. Lewd, licentious,
libidinous, lustful
depiction or
description of the
body such as
genitals, pubic
region, buttocks,
female breast below
a point immediately
above the top of
areola, human male
genitals in
discernibly turgid
state, human
genitals in a state of
sexual stimulation
and fondling erotic
touching of human
genitals, pubic
region, buttocks,
female breast;

6. Lewd depiction
and description of
sexual paraphernalia
such as life-sized
rubber dolls, dildos,
artificial sex organs,
vibrators or any sex
gadgets.

7. Coercion,
intimidation or
 fraudulent induction
of a person into
performing indecent
acts or participating
in the operation of
cybersex whether as
sex worker, pimp,
promoter, financer,
computer specialist
and administrative
employees, among
others; and

8. Employment of
minors in the
operation of
cybersex.
SEC. 6. Liability SEC. 6. Liability SEC. 6. Liability SEC. 6. Liability SEC. 6. Liability No Provision No Provision No Provision
under Other Laws. A Under Other Laws. – Under Other Laws. – Under Other Laws. A Under Other Laws. A
prosecution under A prosecution under A prosecution under prosecution under prosecution under
this Act shall be this Act shall be this Act shall be this Act shall be this Act shall be
without prejudice to without prejudice to without prejudice to without prejudice to without prejudice to
any liability for any liability for any liability for any liability for any liability for
violation of any violation of any violation of any violation of any violation of any
provision of the provision of Republic provision of Republic provision of Republic provision of Republic
Revised Penal Code, Act No. 3815, as Act No. 3815, as Act No. 3815, as Act No. 3815, as
as amended or amended, otherwise amended, otherwise amended, otherwise amended, otherwise
special laws. known as the known as the known as the known as the
Revised Penal Code, Revised Penal Code, Revised Penal Code, Revised Penal Code,
or any other law. or any other law. or any other law. or any other law.
SEC. 7. Penalties. SEC. 7. Penalties. – SEC. 7. Penalties. – SEC. 7. Penalties. SEC. 7. Penalties. SECTION 7. SEC. 5. Penalty. – SEC. 5. Penalties. -
Any person found The following The following The following The following Penalties- The Any person guilty of Any person found
guilty of any of the penalties shall be penalties shall be penalties shall be penalties shall be following penalties the violation of this guilty of any of the
punishable acts imposed on imposed on imposed on imposed on shall be imposed Act shall be punishable acts
enumerated in violations under this violations under this violations under this violations under this upon any person punished by: enumerated in
Sections 411. and 4B Act: Act: Act: Act: who shall commit Section 4A (1), (2),
of this Act shall be any of the unlawful and (3) and 4B (1) up
punished with acts: to (4) of this Act shall
imprisonment of be punished with a
A. ten (10) to
prision mayor or a (a) Any person found (a) Any person found (A)Any person found (a)Any person found 1. If the fine of at least One
fifteen (15) years
fine of at least Two guilty of any of the guilty of any of the guilty of any of the guilty of any of the offender is the Hundred Thousand
imprisonment and a
Hundred Thousand punishable acts punishable acts punishable acts punishable acts producer, financier, Pesos (PhP
fine of not less than
Pesos enumerated in enumerated in enumerated in enumerated in promoter, manager 100,000.00) up to a
twenty thousand
(phP200,000.00) up Section 4(A) and 4(B) Section 4(A) and 4(B) Section 4(A) and 4(B) Section 4(A) and 4(B) of a cybersex pesos (P20,000.00) maximum amount
to a maximum of this Act shall be of this Act shall be of this Act shall be of this Act shall be operation, a but not more than commensurate to
amount punished with punished with punished with punished with punishment of a fine fifty thousand pesos the damage incurred
commensurate to imprisonment of imprisonment of imprisonment of imprisonment of of not less than Five (P50,000.00) if the and a mandatory
the damage incurred prision mayor or a prision mayor or a prision mayor or a prision mayor or a Hundred Thousand crime is committed imprisonment of
or both. fine of at least Two fine of at least Two fine of at least Two fine of at least Two pesos ( P against national prision mayor.
hundred thousand hundred thousand hundred thousand hundred thousand 500,000.00) but not security;
Any person pesos (P200,000.00) pesos (P200,000.00) pesos (P200,000.00) pesos (P200,000.00) more than One Any person found
found guilty of any up to a maximum up to a maximum up to a maximum up to a maximum Million Pesos (P guilty of any of the
of the punishable amount amount amount amount 1,000,000) and by punishable acts
acts enumerated in commensurate to commensurate to commensurate to commensurate to imprisonment of not enumerated in
Section 4C(1) of this the damage incurred the damage incurred the damage incurred the damage incurred less than 20 years paragraph A (4) in
Act shall be or both; or both; or both; or both; but not more than Section 4 of this Act
punished with 30 years. A payment shall be punished
B. five (5) to
imprisonment of (b) Any person found (B)Any person found (b)Any person found amounting to P with imprisonment
ten (10) years
prision mayor or a guilty of any of the guilty of any of the guilty of any of the 100,000 shall be of prision
imprisonment if the
fine of at least Two (b) Any person found punishable acts punishable acts punishable acts given by the correccional or a fine
crime committed is
Hundred Thousand guilty of any of the enumerated in enumerated in enumerated in offender to each of at least one
against persons or
Pesos punishable acts Section 4(C)(1) of Section 4(C)(1) of Section 4(C)(1) of participant who is hundred thousand
property.
(PhP200,000.00) but enumerated in this Act shall be this Act shall be this Act shall be found to be victims pesos (PhP
not exceeding One Section 4(C)(1) of punished with punished with punished with of coercion and if 100,000.00) but not
Million Pesos (PhP this Act shall be imprisonment of imprisonment of imprisonment of below 18 years of exceeding six
The crime is
1,000,000.00) or punished with prision mayor or a prision mayor or a prision mayor or a age. hundred thousand
qualified if the
both. imprisonment of fine of at least Two fine of at least Two fine of at least Two pesos (PhP
computer used
(b)Any person found prision mayor or a hundred thousand Hundred Thousand Hundred Thousand If such offender is a 600,000.00) or both
is a computer of
guilty of any of the fine of at least Two pesos (P200,000.00) Pesos (P200,000.00) Pesos (P200,000.00) judicial person, its fine and
the Government
punishable acts hundred thousand but not exceeding but not exceeding but not exceeding president, manager, imprisonment.
of the
enumerated in pesos (P200,000.00) One million pesos One Million Pesos One Million Pesos director or head
Philippines.
Section 4C(2) of this but not exceeding (P1,000,000.00) or (P1,000,000.00) or (P1,000,000.00) or shall be made liable Any person found
Act shall be One million pesos both; both; both; thereby. guilty of any of the
punished with (P1,000,000.00) or punishable acts
imprisonment of both; If found to be an enumerated in
prision correcional or alien, deportation paragraphs C(I) and
a fine of at least One (c) Any person found (c) Any person found (C)Any person found (c)Any person found immediately after C(2) in Section 4 of
Hundred Thousand guilty of any of the guilty of any of the guilty of any of the guilty of any of the service of sentence this Act shall be
Pesos punishable acts punishable acts punishable acts punishable acts and power barred punished with a fine
(PhPl00,000.00) but enumerated in enumerated in enumerated in enumerated in from the entry in the of at least Two
not exceeding Five Section 4(C)(2) of Section 4(C)(2) of Section 4(C)(2) of Section 4(C)(2) of country shall be Hundred Thousand
Hundred Thousand this Act shall be this Act shall be this Act shall be this Act shall be charged. Pesos (PhP
Pesos punished with punished with punished with punished with 200,000.00) but not
(PhP500,000.00) or imprisonment of imprisonment of imprisonment of imprisonment of 2. If the exceeding Eight
both. reclusion temporal reclusion temporal reclusion temporal reclusion temporal offender is the Hundred Thousand
or a fine of at least or a fine of at least or a fine of at least or a fine of at least demonstrator, Pesos (PhP
 Any person Two hundred fifty Two hundred fifty Two Hundred Fifty Two Hundred Fifty performer, actor or 800,000.00) and a
found guilty of any thousand pesos thousand pesos Thousand Pesos Thousand Pesos exhibitor in any mandatory
of the punishable (P250,000.00) but (P250,000.00) but (P250,000.00) but (P250,000.00) but demonstration, imprisonment of
acts enumerated in not exceeding One not exceeding One not exceeding One not exceeding One performance or prision mayor:
Section 4C(3) shall million two hundred million two hundred Million Two Hundred Million Two Hundred exhibition involving Provided, That the
be punished with fifty thousand pesos fifty thousand pesos Fifty Thousand Pesos Fifty Thousand Pesos any of the unlawful maximum penalty
imprisonment of P1,250,000.00) or (P1,250,000.00) or (P1,250,000.00) or (P1,250,000.00) or acts stipulated in shall be imposed for
arresto mayor or a both; both; both; both; Section 5 of this act, offenses-
fine of at least Fifty (d) Any person found a punishment by a
Thousand Pesos (d) Any person found guilty of any of the (D)Any person found (d)Any person found fine not less than a) whereby
(PhP50,000.00) but guilty of any of the punishable acts guilty of any of the guilty of any of the Two Hundred Fifty information that has
not exceeding Two punishable acts enumerated in punishable acts punishable acts Thousand Pesos (P been determined by
Hundred Fifty enumerated in Section 4(C)(3) shall enumerated in enumerated in 250,000) or by the Philippine
Thousand Pesos Section 4(C)(3) shall be punished with Section 4(C)(3) shall Section 4(C)(3) shall imprisonment of not government
(PhP250,000,00) or be punished with imprisonment of be punished with be punished with less than three years pursuant to law,
both. imprisonment of arresto mayor or a imprisonment of imprisonment of but not more than executive order, or
arresto mayor or a fine of at least Fifty arresto mayor or a arresto mayor or a six years other issuance to be
Any person fine of at least Fifty thousand pesos fine of at least Fifty fine of at least Fifty imprisonment or confidential is
found guilty of any thousand pesos (P50,000.00) but not Thousand Pesos Thousand Pesos both at the communicated,
of the punishable (P50,000.00) but exceeding Two (P50,000.00) but not (P50,000.00) but not discretion of the delivered or
acts enumerated in not exceeding Two hundred fifty exceeding Two exceeding Two court. transmitted to any
Section 5 shall be hundred fifty thousand Hundred Fifty Hundred Fifty person not
punished with thousand (P250,000.00) or Thousand Thousand If found to be an authorized to receive
imprisonment one (P250,000.00) or both; and (P250,000.00) or (P250,000.00) or alien, deportation it; and
degree lower than both; and both; and both; and immediately after
that of the service of sentence b) whereby the
prescribed penalty (E) Any person found (e) Any person found and power barred offender accesses
for the offense or a (e) Any person found (e) Any person found guilty of any of the guilty of any of the from the entry in the without
fine of at least One guilty of any of the guilty of any of the punishable acts punishable acts country shall be authorization any
Hundred Thousand punishable acts punishable acts enumerated in enumerated in charged. non-public computer
Pesos enumerated in enumerated in Section 5 shall be Section 5 shall be of a department or
(PhP100,000.00) but Section 5 shall be Section 5 shall be punished with punished with 3. If the agency of the
not exceeding Five punished with punished with imprisonment one imprisonment one offender is the Philippines.
Hundred Thousand imprisonment one imprisonment one degree lower than degree lower than computer specialist,
Pesos degree lower than degree lower than that of the that of the supervisor, and any In case the offender
(PhP500,000.00) or that of the that of the prescribed penalty prescribed penalty other person does not own or
both. prescribed penalty prescribed penalty for the offense or a for the offense or a involved in the possess enough
for the offense or a for the offense or a fine of at least One fine of at least One administrative property to satisfy
fine of at least One fine of at least One Hundred Thousand Hundred Thousand aspect of the the abovementioned
hundred thousand hundred thousand Pesos (P100,000.00) Pesos (P100,000.00) cybersex operations fine, he shall be
pesos (P100,000.00) pesos (P100,000.00) but not exceeding but not exceeding including landlords, subjected to a
but not exceeding but not exceeding Five Hundred Five Hundred if place is rented or subsidiary penalty of
Five hundred Five hundred Thousand Pesos Thousand Pesos leased as a business imprisonment in
 thousand pesos thousand pesos (P500,000.00) or (P500,000.00) or establishment, shall accordance with the
(P500,000.00) or (P500,000.00) or both. both. be penalized rules set forth in
both. both. accordingly. A fine of Article 39 of Act No.
not less than but not 3185, as amended,
more than P 150,000 otherwise known as
shall be charged or the “Revised Penal
an imprisonment of Code.”
one and a half year
or both at the
discretion of the
court.

If found to be an
alien, deportation
immediately after
service of sentence
and power barred
from the entry in the
country shall be
charged.
No Provision No Provision No Provision No Provision No Provision No Provision No Provision SEC. 7. Conspiracy to
Commit Cybercrime.
- When two (2) or
more persons come
to an agreement and
decide to commit
any of the
punishable acts
defined in this Act,
and one or more
of such persons does
any act to effect the
object of the
conspiracy, each of
the conspirators
shall
be punished as if all
of the conspirators
have done the act
themselves.

No Provision No Provision No Provision No Provision No Provision No Provision No Provision SEC. 9. Computer

Emergency Response
 Council. - There is
hereby created,
thirty (30) days from
the effectivity of this
Act, a Computer
Emergency Response
Council, hereinafter
referred to as CERC,
under the control
and supervision of
the Office of the
President principally
to formulate and
implement a
national plan of
action to address
and combat cyber-
crime.

No Provision No Provision No Provision No Provision No Provision No Provision SEC. 6. Prosecution No Provision

for the violation of
this Act is without
prejudice to
prosecution under
any appropriate
crime or offense
enumerated in the
Revised Penal Code
and in other special
laws.
No Provision NO Provision No Provision No provision No Provision SECTION 8. No provision No Provision
Exemptions to
Penalties- If the
offenders as
enumerated in
Section 7 are proven
to be below 18 years
old whether
voluntary workers or
victims of coercion
shall be exempted
from the penalties
imposed by this Act.
 Instead, the offender
shall be subject to
the provisions of
Republic Act Number
7610 or the “Special
Protection to the
Children Against
Abuse, Exploitation
and Discrimination
Act” and shall be
placed immediately
under the protective
custody of
Department of social
Welfare and
Development
(DSWD).

Whereas, offenders
above 18 years of
age who are proven
to be victims of
coercion or
involuntary
participation shall be
likewise placed
immediately under
the protective
custody of the
DSWD.
SEC. 8. Corporate SEC. 8. Corporate SEC. 8. Corporate SEC. 8. Corporate SEC. 8. Corporate No Provision No Provision SEC. 6. Corporate
Liability. -- When any Liability. – When any Liability. – When any Liability. – When Liability. When any Liability. - When any
of the punishable of the punishable of the punishable any of the of the punishable of the punishable
acts herein defined acts herein defined acts herein defined punishable acts acts herein defined acts herein defined
are knowingly is knowingly is knowingly herein defined is is knowingly is knowingly
committed on behalf committed in behalf committed in behalf knowingly committed in behalf committed in behalf
of or for the benefit of or for the benefit of or for the benefit committed in behalf of or for the benefit and for the benefit
of a juridical person, of a juridical person, of a juridical person, of or for the benefit of a juridical person, of a juridical person,
by a natural person by a natural person by a natural person of a juridical person, by a natural person the penalties herein
acting either acting either acting either by a natural person acting either provided shall be
individually or as individually or as individually or as acting either individually or as imposed upon the
part of an organ of part of an organ of part of an organ of individually or as part of an organ of juridical person's
the juridical person, the juridical person, the juridical person, part of an organ of the juridical person, partners, President,
who has a leading who has a leading who has a leading the juridical person, who has a leading Secretary, members
position within in, position within, position within, who has a leading position within, of the Board of
based on based on: based on: position within, based on: Directors, or any of
based on: its officers and
(a) a power of (a) An (a) A power employees who have
representation of authority to take representation of (A) A power (a) A power directly participated
the juridical person, decision on behalf of the juridical person; representation of the representation of in, including those
the juridical person; juridical person; the juridical person; who knowingly
or authorized, the
(b) an authority to (b) An authority to (b) An commission of the
take decisions on (b) An take decision on (B) An authority to take said act or acts.
behalf of the authority to exercise behalf of the authority to take decision on behalf Where the
juridical person, or control within the juridical person; or decision on behalf of of the juridical commission of any
juridical person, the the juridical person; person; or of the punishable
(c) an authority to juridical person shall (c) An authority to or acts herein defined
exercise control be held liable for a exercise control (c) An authority to by the juridical
within the juridical fine equivalent to at within the juridical (C) An exercise control person's employees
person, the juridical least double the person, the juridical authority to exercise within the juridical or agents, acting
person shall be held fines imposable in person shall be held control within the person, the within the scope of
liable for a fine Section 7 up to a liable for a fine juridical person, the juridical person their authority, was
equivalent to at least maximum of Ten equivalent to at least juridical person shall shall be held liable made possible due
double the fines million pesos double the fines be held liable for a for a fine to the lack of
imposable in Section (P10,000,000.00). imposable in Section fine equivalent to at equivalent to at supervision and
7 up to a maximum When the 7 up to a maximum least double the least double the control of the
of Ten Million Pesos commission of any of Ten million fines imposable in fines imposable in juridical person,
(Php10,000.000,00). of the punishable pesos(P10,000,000.0 Section 7 up to a Section 7 up to a which resulted in
acts herein defined 0). maximum of Ten maximum of Ten benefits for the said
was Million Pesos Million Pesos entity, the officers
If the commission of made possible due When the (P10,000,000.00). (P10,000,000.00). and members of the
any of the to the lack of commission of any Board of Directors or
punishable acts supervision or of the punishable When the of the partnership,
herein defined was control by a natural acts herein defined When the commission of any as the case may be,
made possible due person referred to was made possible commission of any of the punishable are likewise liable.
to the lack of and described in the due to the lack of of the punishable acts herein defined
supervision or preceding supervision or acts herein defined was made possible
control by a natural paragraph, for the control by a natural was made possible due to the lack of
person referred to benefit of that person referred to due to the lack of supervision or
and described in the juridical person by a and described in the supervision or control by a natural
preceding natural person preceding control by a natural person referred to
paragraph, for the acting under its paragraph, for the person referred to and described in the
benefit of that authority, the benefit of that and described in the preceding
juridical person by a juridical person shall juridical person by a preceding paragraph, for the
natural person be held liable for a natural person paragraph, for the benefit of that
acting under its fine equivalent to at acting under its benefit of that juridical person by a
authority, the least double the authority, the juridical person by a natural person
juridical person shall fines juridical person shall natural person acting under its
be held liable for a imposable in Section be held liable for a acting under its authority, the
fine equivalent to at 7 up to a maximum fine equivalent to at authority, the juridical person shall
least double the of Five million pesos least double the juridical person shall be held liable for a
fines imposable in (P5,000,000.00). The fines imposable in be held liable for a fine equivalent to at
Section 7 up to a liability imposed on Section 7 up to a fine equivalent to at least double the
maximum of Five the juridical person maximum of Five least double the fines imposable in
Million Pesos shall be without million pesos fines imposable in Section 7 up to a
(Php5,000,000.00). prejudice to the (P5,000,000.00). Section 7 up to a maximum of Five
criminal liability of maximum of Five Million Pesos
The liability imposed the natural person The liability imposed Million Pesos (P5,000,000.00).
on the juridical who has committed on the juridical (P5,000,000.00).
person shall be the offense. person shall be The liability imposed
without prejudice to without prejudice to The liability imposed on the juridical
the criminal liability the criminal liability on the juridical person shall be
of the natural person of the natural person person shall be without prejudice to
who has committed who has committed without prejudice to the criminal liability
the offense. the offense. the criminal liability of the natural person
of the natural person who has committed
who has committed the offense.
the offense.
NO PROVISION SEC. 9. Law SEC. 9. Law SEC. 9. Law SEC. 9. Law No Provision No Provision No Provision
Enforcement Enforcement Enforcement Enforcement
Agencies. – The Agencies. – The Agencies. The Agencies. The
National Bureau of National Bureau of National Bureau of National Bureau of
Investigation (NBI) Investigation (NBI) Investigation (NBI) Investigation (NBI)
and the Philippine and the Philippine and the Philippine and the Philippine
National Police (PNP) National Police (PNP) National Police (PNP) National Police (PNP)
shall be responsible shall be responsible shall be responsible shall be responsible
for the efficient and for the efficient and for the efficient and for the efficient and
effective law effective law effective law effective law
enforcement of the enforcement of the enforcement of the enforcement of the
provisions of this provisions of this provisions of this provisions of this
Act. The NBI and the Act. The NBI and the Act. The NBI and the Act. The NBI and the
PNP shall designate PNP shall designate PNP shall designate PNP shall designate
special investigators special investigators special investigators special investigators
to exclusively handle to exclusively handle to exclusively handle to exclusively handle
cases involving cases involving cases involving cases involving
violations of this Act. violations of this Act. violations of this Act. violations of this Act.
No Provision No Provision No Provision No Provision No Provision No Provision No Provision SEC. 11. CERC
Secretariat. - The
 CERC shall be
manned by a
Secretariat, the
personnel of which
shall come from the
CICT and selected
personnel and
representatives who
shall be detailed
from the
participating
agencies. An
Executive Director
shall be appointed
by the Chairman of
the CICT to head the
secretariat.
SEC. 9. Real-time SEC. 10. Real-time SEC. 10. Real-time SEC. 10. Real-time SEC. 10. Real-time No Provision No Provision SEC. 13. Collection of
Collection of Collection of Collection of Collection of Collection of Computer Data. - To
Computer Data. Law Computer Data. – Computer Data. – Computer Data. – Computer Data. Law effectively
enforcement Law enforcement Law enforcement Law enforcement enforcement implement and
authorities, with due authorities shall be authorities shall be authorities shall be authorities shall be enforce the
cause, and upon authorized to collect authorized to collect authorized to collect authorized to collect provisions of this
securing a court or record by or record by or record by or record by Act, the National
warrant, shall be technical or technical or technical or technical or Bureau of
authorized to collect electronic means, electronic means, electronic means, electronic means, Investigation (NBI)
or record by and service and service and service and service and the CIDG of the
technical or providers are providers are providers are providers are Philippine National
electronic means, required to collect or required to collect or required to collect or required to collect or Police (PNP), subject
and service record by technical record by technical record by technical record by technical to existing laws and
providers are or electronic means, or electronic means, or electronic means, or electronic means, procedures, shall
required to collect or and/or to cooperate and/or to cooperate and/or to cooperate and/or to cooperate require a person or
record by technical and assist law and assist law and assist law and assist law service provider:
or electronic means, enforcement enforcement enforcement enforcement
and/or to cooperate authorities in the authorities in the authorities in the authorities in the a) To submit
and assist law collection or collection or collection or collection or specified computer
enforcement recording of, traffic recording of, traffic recording of, traffic recording of, traffic data and other
authorities in the data, in real-time, data, in real-time, data, in real-time, data, in real-time, relevant data in his/
collection or associated with the associated with the associated with the associated with the its possession and
recording of, traffic specified specified specified specified control, which is
data, in real-time, communications communications communications communications stored in a
associated with transmitted by transmitted by transmitted by transmitted by computer, computer
specified means of a means of a means of a means of a and communications
communications computer system, computer system, computer system, computer system, network, or a
transmitted by subject to existing subject to existing subject to existing subject to existing computer-data
means of a laws and laws and laws and procedures laws and storage medium;
computer system. procedures. procedures. procedures.
b) To submit
subscriber
information in his/its
possession or
control;

c) Within his/its
existing technical
capability, to collect
or record through
the application of
technical means or
to cooperate and
assist the proper law
enforcement officers
or agencies in the
collection or
recording of traffic
data and
interception of
specified
communications
transmitted within or
passing through the
territorial jurisdiction
of the Philippines by
means of a computer
and communications
network; and

d) To require
the expeditious
production or
disclosure of traffic
data to identify the
service providers and
the path through
which the
communication was
 transmitted.
SEC. 10. Preservation SEC. 11. Preservation SEC. 11. Preservation SEC. 11. Preservation SEC. 11. Preservation No Provision No Provision SEC. 15. Preservation
of Computer Data. of Computer Data. – of Computer Data. – of Computer Data. of Computer Data. and Disclosure of
The integrity of The integrity of The integrity of The integrity of The integrity of Computer Data and
traffic data and traffic data and traffic data and traffic data and traffic data and Traffic Record. – The
subscriber subscriber subscriber subscriber subscriber integrity of traffic
information relating information relating information relating information relating information relating data and subscriber
to communication to communication to communication to communication to communication information relating
services provided by services provided by services provided by services provided by services provided by to communication
a service provider a service provider a service provider a service provider a service provider services provided by
shall be preserved shall be preserved shall be preserved shall be preserved shall be preserved a service provider
for a minimum up to a minimum up to a minimum up to a minimum up to a minimum shall be preserved
period of six (6) period of six (6) period of six (6) period of six (6) period of six (6) up to a minimum
months from the months from the months from the months from the months from the period of six (6)
date of the date of the date of the date of the date of the months from the
transaction; Content transaction. Content transaction. Content transaction. Content transaction. Content date of the
data shall be data shall be data shall be data shall be data shall be transaction. Said
similarly preserved preserved for a preserved for a preserved for a preserved for a period may be
for six (6) months minimum period of minimum period of minimum period of minimum period of extended by order of
from the data of six (6) months from six (6) months from six (6) months from six (6) months from the NBI or PNP upon
receipt of the order the date of receipt of the date of receipt of the date of receipt of the date of receipt of a reasonable belief
from law the order from law the order from law the order from law the order from law that the computer
enforcement enforcement enforcement enforcement enforcement data may have been
authorities requiring authorities requiring authorities requiring authorities requiring authorities requiring used for in
its preservation. its preservation. Law its preservation. its preservation. its preservation. connection with, or
enforcement the traffic record
authorities may Law enforcement Law enforcement Law enforcement may contain
Law enforcement order a one-time authorities may authorities may authorities may information as
authorities may extension of six (6) order a one-time order a one-time order a one-time regards any violation
order a one-time months: Provided, extension of six (6) extension of six (6) extension of six (6) of this Act.
extension for That once computer months: Provided, months: Provided, months: Provided,
another six (6) data preserved, That once computer That once computer That once computer
months provided transmitted or data preserved, data preserved, data preserved,
that once computer stored by a service transmitted or transmitted or transmitted or
data preserved, provider is used as stored by a service stored by a service stored by a service
transmitted or evidence in a case, provider is used as provider is used as provider is used as
stored by a service the mere furnishing evidence in a case, evidence in a case, evidence in a case,
provider: is used as to such service the mere furnishing the mere furnishing the mere furnishing
evidence in a case, provider of the to such service to such service to such service
the mere furnishing transmittal provider of the provider of the provider of the
to such service document to the transmittal transmittal transmittal
provider of the Office of the document to the document to the document to the
transmittal Prosecutor shall be Office of the Office of the Office of the
document to the deemed a Prosecutor shall be Prosecutor Prosecutor
Office of the notification to deemed a shall be deemed a shall be deemed a
Prosecutor shall be preserve the notification to notification to notification to
deemed a computer data until preserve the preserve the preserve the
notification to the termination of computer data until computer data until computer data until
preserve the the case. the termination of the termination of the termination of
computer data until the case. the case. the case.
the termination of
the case. The service The service provider The service provider The service provider The service provider
provider ordered to ordered to preserve ordered to preserve ordered to preserve ordered to preserve
preserve computer computer data shall computer data shall computer data shall computer data shall
data shall keep keep confidential the keep confidential the keep confidential the keep confidential the
confidential the order and its order and its order and its order and its
order and its compliance. compliance. compliance. compliance.
compliance.
SEC. 11. Disclosure SEC. 12. Disclosure of SEC. 12. Disclosure of SEC. 12. Disclosure of SEC. 12. Disclosure of No provision No Provision No Provision
of Computer Data. Computer Data. – Computer Data. – Computer Data. Law Computer Data. Law
Law enforcement Law enforcement Law enforcement enforcement enforcement
authorities, upon authorities shall be authorities shall be authorities shall be authorities shall be
securing a court authorized to issue authorized to issue authorized to issue authorized to issue
warrant, shall issue an order requiring an order requiring an order requiring an order requiring
an order requiring any person or any person or any person or any person or
any person or service provider to service provider to service provider to service provider to
service provider to disclose or submit disclose or submit disclose or submit disclose or submit
disclose or submit subscriber’s subscriber’s subscriber’s subscriber’s
subscriber's information, traffic information, traffic information, traffic information, traffic
information, traffic data or relevant data data or relevant data data or relevant data data or relevant data
data or relevant data in his/its possession in his/its possession in his/its possession in his/its possession
in his/its possession or control within or control within or control within or control within
or control within seventy-two (72) seventy-two (72) seventy-two (72) seventy-two (72)
seventy two (72) hours from receipt hours from receipt hours from receipt hours from receipt
hours from receipt of the order in of the order in of the order in of the order in
of the order in relation to a valid relation to a valid relation to a valid relation to a valid
relation to a valid complaint officially complaint officially complaint officially complaint officially
complaint officially docketed and docketed and docketed and docketed and
docketed and assigned for assigned for assigned for assigned for
assigned for investigation and the investigation and the investigation and the investigation and the
investigation and the disclosure is disclosure is disclosure is disclosure is
disclosure is necessary and necessary and necessary and necessary and
necessary and relevant for relevant for relevant for relevant for
relevant for the investigation investigation investigation investigation
purpose of purposes. purposes. purposes. purposes.
investigation.
SEC.12. Search, SEC. 13. Search, SEC. 13. Search, SEC. 13. Search, SEC. 13. Search, No Provision SEC. 14. Search and
Seizure, and Seizure and Seizure and Seizure and Seizure and Seizure of Computer
Examination of Examination of Examination of Examination of Examination of Data. - Where a
Computer Data. Computer Data. – Computer Data. – Computer Data. – Computer Data. search and seizure
Where a search and Where a search and Where a search and Where a search and Where a search and warrant is properly
seizure warrant is seizure warrant is seizure warrant is seizure warrant is seizure warrant is issued, the NBI and
properly issued, the properly issued, law properly issued, law properly issued, law properly issued, law the PNP shall
law enforcement enforcement enforcement enforcement enforcement likewise have the
authorities shall authorities shall, authorities shall, authorities shall, authorities shall, following powers
likewise have the within the time within the time within the time within the time and duties:
following powers period specified in period specified in period specified in period specified in
and duties: the warrant, have the warrant, have the warrant, have the warrant, have
the following powers the following powers the following powers the following powers
Within the time and duties: and duties: and duties: and duties:
period specified in
the warrant, to (a) To conduct (a) To conduct (a) To conduct (a) To conduct a) Within the time
conduct interception, as interception, as interception, as interception, as period specified in
interception, as defined in this Act, defined in this Act, defined in this Act, defined in this Act, the warrant, to
defined in this Act, of content data; of content data; of content data; of content data;To conduct
content of secure a computer interception, as
communications, system or a defined in this Act,
procure the content computer data content of
of data either storage medium; communications,
directly, through procure the content
access and use of of data either
computer system, or directly, through
indirectly, through access and use of the
the use of electronic computer or
eavesdropping or computer and
tapping devices, in communications
real time or at the network, or
same time that the indirectly, through
communication is the use of electronic
occurring and to: eavesdropping or
tapping devices, in
real time or at the
same time that the
communication is
occurring;
a. To secure a
computer system or (b) To secure a (b) To secure a (b) To secure a b) To secure a
a computer data computer system or computer system or computer system or computer or
storage medium; a computer data a computer data a computer data computer and
 storage medium; storage medium; storage medium; communications
network or parts of it
or a computer-data
storage medium;

b. To make and c) To make and

retain a copy of (c) To make and (c) To make and (c) To make and (b) To make retain a copy of
those computer data retain a copy of retain a copy of retain a copy of and retain a copy of those computer data
secured; secured computer secured computer secured computer secured computer secured;
data; data; data; data;
c. To maintain the d) To maintain the
integrity of the (d) To maintain the (d) To maintain the (d) To maintain the (c) To maintain integrity of the
relevant stored integrity of the integrity of the integrity of the the integrity of the relevant stored
computer data; relevant stored relevant stored relevant stored relevant stored computer data; and
computer data; computer data; computer data; computer data;
d. To conduct
examination of the (e) To conduct (e) To conduct (e) To conduct (d) To conduct
computer data examination of the examination of the examination of the examination of the
storage medium; computer data computer data computer data computer data
and storage medium; storage medium; storage medium; storage medium;
and and and and
e. To render e) To render
inaccessible or (f) To render (f) To render (f) To render (e) To render inaccessible, or
remove those inaccessible or inaccessible or inaccessible or inaccessible or remove those
computer data in the remove those remove those remove those remove those computer data in the
accessed computer computer data in the computer data in the computer data in the computer data in accessed computer
or computer and accessed computer accessed computer accessed computer the accessed or computer and
communications system. system. system. computer system. communications
network. network.

Pursuant thereof, Pursuant thereof,

the law enforcement the NBI and CIDG of
authorities may The law The law The law The law the PNP may order
order any person enforcement enforcement enforcement enforcement any person who has
who has knowledge authorities may authorities may authorities may authorities may knowledge about
about the order any person order any person order any person order any person the functioning of
functioning of the who has knowledge who has knowledge who has knowledge who has knowledge the computer or
computer system about the about the about the about the computer and
and the measures to functioning of the functioning of the functioning of the functioning of the communications
protect and preserve computer system computer system computer system computer system network and the
the computer data and the measures to and the measures to and the measures to and the measures to measures to
therein to provide, protect and preserve protect and preserve protect and preserve protect and preserve protect and preserve
as is reasonable, the the computer data the computer data the computer data the computer data the computer data
necessary therein to provide, therein to provide, therein to provide, therein to provide, therein to provide,
information, to as is reasonable, the as is reasonable, the as is reasonable, the as is reasonable, the as is reasonable, the
enable the necessary necessary necessary necessary necessary
undertaking of the information, to information, to information, to information, to information, to
search, seizure and enable the enable the enable the enable the enable the
examination. undertaking of the undertaking of the undertaking of the undertaking of the undertaking of the
search, seizure and search, seizure and search, seizure and search, seizure and search and seizure
Law enforcement examination. Law examination. examination. Law examination. measure referred to
authorities may enforcement enforcement in paragraph
request for an authorities may authorities may (c) of Section 17
extension of time to request for an Law enforcement request for an Law enforcement hereof.
complete the extension of time to authorities may extension of time to authorities may
examination of the complete the request for an complete the request for an
computer data examination of the extension of time to examination of the extension of time to
storage medium and computer data complete the computer data complete the
to make a return storage medium and examination of the storage medium and examination of the
thereon but in no to make a return computer data to make a return computer data
case for a period thereon but in no storage medium and thereon but in no storage medium and
longer than thirty case for a period to make a return case for a period to make a return
(30) days from date longer than thirty thereon but in no longer than thirty thereon but in no
of approval by the (30) days from date case for a period (30) days from date case for a period
court. of expiration of the longer than thirty of expiration of the longer than thirty
warrant. (30) days from date warrant. (30) days from date
of expiration of the of expiration of the
warrant. warrant.
SEC. 13. Non- No Provision No Provision No Provision No Provision No Provision No Provision No Provision
compliance. Failure
to comply with the
provisions of
Chapter IV hereof
specifically the
orders from law
enforcement
authorities shall be
punished as a
violation of P.D. No.
1829 with
imprisonment of
prision correctional
in its maximum
period or a fine of
One Hundred
Thousand Pesos
(Php100,000.00) or
both, for each and
every non-
compliance with an
order issued by law
enforcement
authorities.
SEC. 14. Duties of No provision No Provision No provision No Provision No Provision No Provision No provision
Law Enforcement
Authorities. To
ensure that the
technical nature of
cybercrime and its
prevention is given
focus and
considering the
procedures involved
for international
cooperation, law
enforcement
authorities
specifically the
computer or
technology crime
divisions or units
responsible for the
investigation of
cybercrimes are
required to submit
timely and regular
reports including
pre-operation, post--
operation and
investigation results
and such other
documents as may
be required to the
Department of
Justice (DOJ) for
review and
monitoring.
SEC.15. Jurisdiction. SEC. 14. Jurisdiction. SEC. 14. Jurisdiction. SEC. 14. Jurisdiction. SEC. 14. Jurisdiction. No Provision No Provision SEC. 16. Jurisdiction.
The Regional Trial – The Regional Trial – The Regional Trial The Regional Trial The Regional Trial - The Regional Trial
Court shall have Court shall have Court shall have Court shall have Court shall have Court shall have
jurisdiction over any jurisdiction over any jurisdiction over any jurisdiction over any jurisdiction over any jurisdiction over any
violation of the violation of the violation of the violation of the violation of the violation of the
provisions of this Act provisions of this Act provisions of this Act provisions of this Act provisions of this Act provisions of this Act
including any committed within committed within committed within committed within committed within
violation committed the territory of the the territory of the the territory of the the territory of the the territory of the
by a Filipino national Philippines, including Philippines, including Philippines, including Philippines, including Philippines or by any
regardless of the Philippine ships or Philippine ships or Philippine ships or Philippine ships or of its nationals
place of commission. airships, or by a airships, or by a airships, or by a airships, or by a regardless of the
Jurisdiction shall lie Filipino national Filipino national Filipino national Filipino national place of commission.
if any of the regardless of the regardless of the regardless of the regardless of the In case any of the
elements was place of commission. place of commission. place of commission. place of commission. offenses herein
committed within Jurisdiction shall also Jurisdiction shall also Jurisdiction shall also Jurisdiction shall also defined is
the Philippines or cover any of the cover any of the cover any of the cover any of the committed outside
committed with. the elements committed elements committed elements committed elements committed the territorial limits
use of any computer within the within the within the within the of the Philippines,
system wholly or Philippines or Philippines or Philippines or Philippines or and by such
partly situated in the committed with the committed with the committed with the committed with the commission any
country, or when by use of any computer use of any computer use of any computer use of any computer damage is caused to
such commission any system wholly or system wholly or system wholly or system wholly or a computer or
damage is caused to partly situated in the partly situated in the partly situated in the partly situated in the computer and
a natural or juridical country, or when by country, or when by country, or when by country, or when by communications
person who, at the such commission, such commission, such commission, such commission, network situated in
time the offense was any damage is any damage is any damage is any damage is the Philippines, or to
committed, was in caused to a natural caused to a natural caused to a natural caused to a natural a natural or juridical
the Philippines. or juridical or juridical person or juridical person or juridical person person who, at the
person who, at the who, at the time the who, at the time the who, at the time the time the offense was
time the offense was offense was offense was offense was committed, is in the
committed, was in committed, was in committed, was in committed, was in Philippines, the
the Philippines. The the Philippines. The the Philippines. the Philippines. proper Regional Trial
Department of Department of Court in the
Justice (DOJ) shall Justice (DOJ) shall The Department of The Department of Philippines shall
designate special designate special Justice (DOJ) shall Justice (DOJ) shall have jurisdiction.
prosecutors to prosecutors to designate special designate special
exclusively handle exclusively handle prosecutors to prosecutors to
cases involving cases involving exclusively handle exclusively handle
violations of this Act. violations of this Act. cases involving cases involving
violations of this Act. violations of this Act
No Provision SEC. 15. Mutual SEC. 15. Mutual SEC. 15. Mutual SEC. 15. Mutual No Provision No provision SEC. 17. Mutual
Assistance and Assistance and Assistance and Assistance and Assistance and
Cooperation. – The Cooperation. – The Cooperation. The Cooperation. The Cooperation. - The
government of the government of the government of the government of the Government of the
Philippines shall Philippines shall Philippines shall Philippines shall Philippines shall
 cooperate with, and cooperate with, and cooperate with, and cooperate with, and cooperate with, and
render assistance to render assistance to render assistance to render assistance to render assistance to
other nations for other nations for other nations for other nations for other nations for
purposes of purposes of purposes of purposes of purposes of
detection, detection, detection, detection, detection,
investigation and investigation and investigation and investigation and investigation, and
prosecution of prosecution of prosecution of prosecution of prosecution of
offenses referred to offenses referred to offenses referred to offenses referred to offenses referred to
in this Act and in the in this Act and in the in this Act and in the in this Act and in the in Sections 7 and 22
collection of collection of collection of collection of of this Act and in the
evidence in evidence in evidence in evidence in collection of
electronic form in electronic form in electronic form in electronic form in evidence in
relation thereto. relation thereto. relation thereto. The relation thereto. The electronic form in
The principles principles contained principles contained relation thereto.
contained in The principles in Presidential in Presidential
Presidential Decree contained in Decree No. 1069, Decree No. 1069, The requesting
No. 1069, otherwise Presidential Decree otherwise known as otherwise known as country must
known as the No. 1069, otherwise the Philippine the Philippine maintain the
Philippine known as the Extradition Law and Extradition Law and confidentiality of the
Extradition Law and Philippine other pertinent laws other pertinent laws fact or the subject of
other pertinent laws Extradition Law and shall apply. shall apply. request for
shall apply. In this other pertinent laws assistance and
regard, the shall apply. In this In this regard, the In this regard, the cooperation. It may
government of the regard, the government of the government of the only use the
Philippines shall: government of the Philippines shall Philippines shall: requested
Philippines shall: information subject
to the conditions
specified in the
grant.
No Provision (a) Provide (a) Provide (A) Provide A. Provide No Provision No Provision No Provision
assistance to a assistance to a assistance to a assistance to a
requesting nation in requesting nation in requesting nation in requesting nation in
the real-time the real-time the real-time the real-time
collection of traffic collection of traffic collection of traffic collection of traffic
data associated with data associated with data associated with data associated
specified specified specified with specified
communications in communications in communications in communications in
the Philippine the Philippine the Philippine the Philippine
territory transmitted territory transmitted territory transmitted territory
by means of a by means of a by means of a transmitted by
computer system, computer system, computer system, means of a
with respect to with respect to with respect to computer system,
criminal offenses criminal offenses criminal offenses with respect to
 defined in this Act defined in this Act defined in this Act criminal offenses
for which real-time for which real-time for which real-time defined in this Act
collection of traffic collection of traffic collection of traffic for which real-time
data would data would be data would collection of traffic
be available; available; be available; data would be
available;
No Provision (b) Provide (b) Provide (B) Provide B. Provide No Provision No Provision No Provision
assistance to a assistance to a assistance to a assistance to a
requesting nation in requesting nation in requesting nation in requesting nation in
the real-time the real-time the real-time the real-time
collection, recording collection, collection, recording collection, recording
or interception of recording or or interception of or interception of
content data of interception of content data of content data of
specified content data of specified specified
communications specified communications communications
transmitted by communications transmitted by transmitted by
means of a transmitted by means of a means of a
computer system to means of a computer system to computer system to
the extent permitted computer system to the extent permitted the extent
under Republic Act the extent permitted under Republic Act permitted under
No. 4200, otherwise under Republic Act No. 4200, otherwise Republic Act No.
known as the “Anti- No. 4200, otherwise known as the “Anti- 4200, otherwise
Wiretapping Act”, known as the “Anti- Wiretapping Act”, known as the “Anti-
Republic Act No. Wiretapping Act”, Republic Act No. Wiretapping Act,”
9372, otherwise Republic Act No. 9372, otherwise Republic Act No.
known as the 9372, otherwise known as the 9372, otherwise
“Human Security Act known as the “Human Security Act known as the
of 2007”, and other “Human Security Act of 2007”, and other “Human Security
related and of 2007”, and other related and Act of 2007,” and
pertinent laws related and pertinent laws other related and
pertinent laws pertinent laws;
No Provision (c) Allow another (c) Allow another (C) Allow another C. Allow another No Provision No provision No provision
nation, without its nation, without its nation, without its nation, without its
authorization to: authorization to: authorization to: authorization to:

(1) Access publicly (1) Access publicly (1) Access publicly (1) Access publicly
available stored available stored available stored available stored
computer data, computer data, computer data, computer data,
located in Philippine located in Philippine located in Philippine located in Philippine
territory, or territory, or territory, or territory, or
elsewhere; or elsewhere; or elsewhere; or elsewhere; or

(2) Access or (2) Access or receive, (2) Access or receive, (2) Access or receive,
 receive, through a through a computer through a computer through a computer
computer system system located in system located in system located in
located in Philippine Philippine territory, Philippine territory, Philippine territory,
territory, stored stored computer stored computer stored computer
computer data data located in data located in data located in
located in another another country, if another country, if another country, if
country, if the the nation obtains the nation obtains the nation obtains
nation obtains the the lawful and the lawful and the lawful and
lawful and voluntary voluntary consent of voluntary consent of voluntary consent of
consent of the the person who has the person who has the person who has
person who has the the lawful authority the lawful authority the lawful authority
lawful authority to to disclose the data to disclose the data to disclose the data
disclose the data to to the nation to the nation to the nation
the nation through through that through that through that
that computer computer system. computer system; computer system;
system;
No provision (d) Entertain a (d) Entertain a (D) Entertain a D. Entertain a No Provision No Provision No Provision
request of another request of another request of another request of another
nation for it to order nation for it to order nation for it to order nation for it to order
or obtain the or obtain the or obtain the or obtain the
expeditious expeditious expeditious expeditious
preservation of data preservation of data preservation of data preservation of data
stored by means of a stored by means of a stored by means of a stored by means of a
computer system, computer system, computer system, computer system,
located within located within located within located within
Philippine territory, Philippine territory, Philippine territory, Philippine territory,
relative to which the relative to which the relative to which the relative to which the
requesting nation requesting nation requesting nation requesting nation
intends to submit a intends to submit a intends to submit a intends to submit a
request for mutual request for mutual request for mutual request for mutual
assistance for the assistance for the assistance for the assistance for the
search or similar search or similar search or similar search or similar
access, seizure or access, seizure or access, seizure or access, seizure or
similar securing, or similar securing, or similar securing, or similar securing, or
disclosure of the disclosure of the disclosure of the disclosure of the
stored computer stored computer stored computer stored computer
data: data: data: data:

(1) A request for (1) A request for (1) A request for (1) A request for
preservation of data preservation of data preservation of data preservation of data
under this section under this section under this section under this section
shall specify: shall specify: shall specify: shall specify:
(i) The authority (i) The authority (a) The authority (i) The
seeking the seeking the seeking the authority seeking
preservation; preservation; preservation; the preservation;

(ii) The offense that (ii) The offense that (b) The offense that (ii) The offense that
is the subject of a is the subject of a is the subject of a is the subject of a
criminal criminal criminal criminal
investigation or investigation or investigation or investigation or
proceedings and a proceedings and a proceedings and a proceedings and a
brief summary of the brief summary of the brief summary of the brief summary of the
related facts; related facts; related facts; related facts;

(iii) The stored (iii) The stored (c) The stored (iii) The stored
computer data to be computer data to be computer data to be computer data to be
preserved and its preserved and its preserved and its preserved and its
relationship to the relationship to the relationship to the relationship to the
offense; offense; offense; offense;

(iv) The necessity of (iv) The necessity of (d) The necessity of (iv) The necessity of
the preservation; the preservation; the preservation; the preservation;
and and and and

(v) That the (v) That the (e) That the (v) That the
requesting nation requesting nation requesting nation requesting nation
intends to submit a intends to submit a intends to submit a intends to submit a
request for mutual request for mutual request for mutual request for mutual
assistance for the assistance for the assistance for the assistance for the
search or similar search or similar search or similar search or similar
access, seizure or access, seizure or access, seizure or access, seizure or
similar securing, or similar securing, or similar securing, or similar securing, or
disclosure of the disclosure of the disclosure of the disclosure of the
stored computer stored computer stored computer stored computer
data. data. data. data.

(2) Upon receiving (2) Upon receiving (2) Upon receiving (2) Upon receiving
the request from the request from the request from the request from
another nation, the another nation, the another nation, the another nation, the
government of the government of the government of the government of the
Philippines shall take Philippines shall take Philippines shall take Philippines shall
all appropriate all appropriate all appropriate take all appropriate
measures to measures to measures to measures to
preserve preserve preserve preserve
expeditiously the expeditiously the expeditiously the expeditiously the
specified data in specified data in specified data in specified data in
accordance with this accordance with this accordance with this accordance with
Act and other Act and other Act and other this Act and other
pertinent laws. For pertinent laws. For pertinent laws. For pertinent laws. For
the purposes of the purposes of the purposes of the purposes of
responding to a responding to a responding to a responding to a
request, dual request, dual request, dual request, dual
criminality shall not criminality shall not criminality shall not criminality shall not
be required as a be required as a be required as a be required as a
condition to condition to condition to condition to
providing such providing such providing such providing such
preservation; preservation; preservation; preservation;

(3) A request for (3) A request for (3) A request for (3) A request for
preservation may preservation may preservation may preservation may
only be refused if: only be refused if: only be refused if: only be refused if:

(i) The request (i) The request (a) The request (i) The request
concerns an offense concerns an offense concerns an offense concerns an offense
which the which the which the which the
government of the government of the government of the government of the
Philippines considers Philippines considers Philippines considers Philippines
as a political offense as a political offense as a political offense considers as a
or an offense or an offense or an offense political offense or
connected with a connected with a connected with a an offense
political offense; or political offense; or political offense; or connected with a
political offense; or
(ii) The government (ii) The government (b) The government
of the Philippines of the Philippines of the Philippines (ii) The government
considers the considers the considers the of the Philippines
execution of the execution of the execution of the considers the
request will request will request will execution of the
prejudice its prejudice its prejudice its request will
sovereignty, sovereignty, sovereignty, prejudice its
security, public order security, public order security, public order sovereignty,
or other national or other national or other national security, public order
interest. interest. interest. or other national
interest.
(4) Where the (4) Where the (4) Where the
government of the government of the government of the (4) Where the
Philippines believes Philippines believes Philippines believes government of the
that preservation that preservation that preservation Philippines believes
will not ensure the will not ensure the will not ensure the that preservation
future availability of future availability of future availability of will not ensure the
the data, or will the data, or will the data, or will future availability of
threaten the threaten the threaten the the data, or will
confidentiality of, or confidentiality of, or confidentiality of, or threaten the
otherwise prejudice otherwise prejudice otherwise prejudice confidentiality of, or
the requesting the requesting the requesting otherwise prejudice
nation’s nation’s nation’s the requesting
investigation, it shall investigation, it shall investigation, it shall nation’s
promptly so inform promptly so inform promptly so inform investigation, it shall
the requesting the requesting the requesting promptly so inform
nation. The nation. The nation. The the requesting
requesting nation requesting nation requesting nation nation. The
will determine will determine will determine requesting nation
whether its request whether its request whether its request will determine
should be executed; should be executed; should be executed; whether its request
and and and should be executed;
and
(5) Any preservation (5) Any preservation (5) Any preservation
effected in response effected in response effected in response (5) Any preservation
to the request to the request to the request effected in response
referred to in referred to in referred to in to the request
paragraph (a) shall paragraph (a) shall paragraph (a) shall referred to in
be for a period not be for a period not be for a period not paragraph (a) shall
less than sixty (60) less than sixty (60) less than sixty (60) be for a period not
days, in order to days, in order to days, in order to less than sixty (60)
enable the enable the enable the days, in order to
requesting nation to requesting nation to requesting nation to enable the
submit a request for submit a request for submit a request for requesting nation to
the search or similar the search or similar the search or similar submit a request for
access, seizure or access, seizure or access, seizure or the search or similar
similar securing, or similar securing, or similar securing, or access, seizure or
disclosure of the disclosure of the disclosure of the similar securing, or
data. Following the data. Following the data. Following the disclosure of the
receipt of such a receipt of such a receipt of such a data. Following the
request, the data request, the data request, the data receipt of such a
shall continue to be shall continue to be shall continue to be request, the data
preserved pending a preserved pending a preserved pending a shall continue to be
decision on that decision on that decision on that preserved pending a
request. request. request. decision on that
request.
No Provision (e) Accommodate (e) Accommodate (E) Accommodate E. Accommodate No Provision No Provision No Provision
request from request from request from request from
another nation to another nation to another nation to another nation to
search, access, seize, search, access, seize, search, access, seize, search, access, seize,
secure, or disclose secure, or disclose secure, or disclose secure, or disclose
data stored by data stored by data stored by data stored by
means of a means of a means of a means of a
computer system computer system computer system computer system
located within located within located within located within
Philippine territory, Philippine territory, Philippine territory, Philippine territory,
including data that including data that including data that including data that
has been preserved has been preserved has been preserved has been preserved
under the previous under the previous under the previous under the previous
subsection. The subsection. The subsection. The subsection. The
government of the government of the government of the government of the
Philippines shall Philippines shall Philippines shall Philippines shall
respond to the respond to the respond to the respond to the
request request through the request through the request through the
through the proper proper application of proper application of proper application of
application of international international international
international instruments, instruments, instruments,
instruments, arrangements and arrangements and arrangements and
arrangements and laws: laws: laws:
laws:

(1) The request shall (1) The request shall (1) The request shall (1) The request shall
be responded to on be responded to on be responded to on be responded to on
an expedited basis an expedited basis an expedited basis an expedited basis
where: where: where: where:

(i) There are grounds (i) There are grounds (a) There are (i) There are grounds
to believe that to believe that grounds to believe to believe that
relevant data is relevant data is that relevant data is relevant data is
particularly particularly particularly particularly
vulnerable to loss or vulnerable to loss or vulnerable to loss or vulnerable to loss or
modification; or modification; or modification; or modification; or

(ii) The instruments, (ii) The instruments, (b) The instruments, (ii) The instruments,
arrangements and arrangements and arrangements and arrangements and
laws referred to in laws referred to in laws referred to in laws referred to in
paragraph (b) of this paragraph (b) of this paragraph (b) of this paragraph (B) of this
section otherwise section otherwise section otherwise section otherwise
provide for provide for provide for provide for
 expedited expedited expedited expedited
cooperation. cooperation. cooperation. cooperation.

(2) The requesting (2) The requesting (2) The requesting (2) The requesting
nation must nation must nation must nation must
maintain the maintain the maintain the maintain the
confidentiality of the confidentiality of the confidentiality of the confidentiality of the
fact or the subject of fact or the subject of fact or the subject of fact or the subject of
request for request for request for request for
assistance and assistance and assistance and assistance and
cooperation. It may cooperation. It may cooperation. It may cooperation. It may
only use the only use the only use the only use the
requested requested requested requested
information subject information subject information subject information subject
to the conditions to the conditions to the conditions to the conditions
specified in the specified in the specified in the specified in the
grant. grant. grant. grant.

No Provision SEC. 16. Grounds for SEC. 16. Grounds for SEC. 16. Grounds for SEC. 16. Grounds for No Provision No Provision SEC. 18. Grounds for
Refusal to Refusal to Refusal to Refusal to Refusal to
Cooperate. – The Cooperate. – The Cooperate. – The Cooperate. The Cooperate. - The
government of the government of the government of the government of the Government of the
Philippines shall Philippines shall Philippines shall Philippines shall Philippines shall
have the right to have the right to have the right to have the right to have the right to
refuse cooperation refuse cooperation refuse cooperation refuse cooperation refuse cooperation
under any of the under any of the under any of the under any of the under any of the
following grounds: following grounds: following grounds: following grounds: following grounds:

(a) The offense is (a) The offense is (A) The offense is A. The offense is a) The offense
punishable under punishable under punishable under punishable under is punishable under
Philippine laws and Philippine laws and Philippine laws and Philippine laws and Philippine laws and
the Philippine courts the Philippine courts the Philippine courts the Philippine courts the Philippine courts
have acquired have acquired have acquired have acquired have acquired
jurisdiction over the jurisdiction over the jurisdiction over the jurisdiction over the jurisdiction over the
person of the person of the person of the person of the person of the
accused; accused; accused; accused; accused;

(b) The information (b) The information (B) The information B. The information b) The
requested is requested is requested is requested is information
privileged, protected privileged, protected privileged, protected privileged, protected requested is
under Philippine under Philippine under Philippine under Philippine privileged, protected
laws, or that which laws, or that which laws, or that which laws, or that which under Philippine
affects national affects national affects national affects national laws, or that which
security; security; security; security; affects national
security;
(c) If, for any reason, (c) If, for any reason, (C) If, for any reason, C. If, for any reason,
the production of the production of the production of the production of c) If, for any
the information is the information is the information is the information is reason, the
unreasonable; unreasonable; unreasonable; unreasonable; production of the
information is
(d) The foreign (d) The foreign (D) The foreign unreasonable;
government government government D. The foreign
requesting for requesting for requesting for government d) The foreign
assistance has assistance has assistance has requesting for government
previously refused previously refused previously refused assistance has requesting for
without justifiable without justifiable without justifiable previously refused assistance has
reason, a similar reason, a similar reason, a similar without justifiable previously refused
request by the request by the request by the reason, a similar without justifiable
government of the government of the government of the request by the reason, a similar
Philippines; and Philippines; and Philippines; and government of the request by the
Philippines; and Government of the
(e) The foreign (e) The foreign (E) The foreign Philippines; and
government government government E. The foreign
requesting for requesting for requesting for government e) The foreign
assistance has assistance has assistance has requesting for government
previously breached previously breached previously breached assistance has requesting for
an agreement to an agreement to an agreement to previously breached assistance has
 keep the fact or keep the fact or keep the fact or an agreement to previously breached
subject of request subject of request subject of request keep the fact or an agreement to
confidential, or has confidential, or has confidential, or has subject of request keep the fact or
previously violated previously violated previously violated confidential, or has subject of request
any condition of the any condition of the any condition of the previously violated confidential, or has
grant. grant. grant. any condition of the previously violated
grant. any condition of the
grant.

No Provision SEC. 17. Cooperation SEC. 17. Cooperation SEC. 17. Cooperation SEC. 17. Cooperation No Provision No Provision SEC. 19. Cooperation
Based on Based on Based on Based on Based on
Reciprocity. – In the Reciprocity. – In the Reciprocity. In the Reciprocity. In the Reciprocity. - In the
absence of a treaty absence of a treaty absence of a treaty absence of a treaty absence of a treaty
or agreement, or agreement, or agreement, or agreement, or agreement,
mutual assistance mutual assistance mutual assistance mutual assistance mutual assistance
and cooperation and cooperation and cooperation and cooperation and cooperation
under the preceding under the preceding under the preceding under the preceding under the preceding
sections in this sections in this sections in this sections in this sections under this
Chapter shall be Chapter shall be Chapter shall be Chapter shall be Chapter shall be
based on the based on the based on the based on the based on the
principle of principle of principle of principle of principle of
reciprocity. reciprocity. reciprocity reciprocity. reciprocity.
No Provision No Provision No Provision No Provision No Provision No Provision No Provision SEC. 20.
Communications
Center. - The
National Computer
Center (NCC) shall be
responsible for
sending and
answering requests
for mutual
assistance as well as
the execution of
such requests or
their transmission to
the proper
authorities for
implementation and
enforcement.
No Provision No Provision No Provision No Provision No Provision No Provision No Provision SEC. 21. Liability
Under the Revised
Penal Code and
 Other Laws. - A
prosecution under
this Act shall be
without prejudice to
any liability for
violation of any
provision of Act
3185, as amended,
otherwise known as
the “Revised Penal
Code” or any other
law.
SEC. 16. General No Provision No provision No Provision No Provision No Provision No Provision No Provision
principles relating to
international
cooperation. -- All
relevant
international
instruments on
international
cooperation in
criminal matters,
arrangements
agreed on. the basis
of uniform or
reciprocal
legislation, and
domestic laws, to
the widest extent
possible for the
purposes of
investigations or
proceedings
concerning criminal
offenses related to
computer systems
and data, or for the
collection of
evidence in
electronic form of a
criminal offense shall
be given full force
and effect.
SEC. 17. Applicability No Provision No Provision No Provision No provision No Provision No Provision No Provision
of the Convention on
Cybercrime. The
provisions of
Chapter III of the
Convention on
Cybercrime shall be
directly applicable in
the implementation
of this Act as it
relates to
international
cooperation taking
into account the
procedural laws
obtaining in the
jurisdiction.
SEC. 18. Department No Provision No Provision No Provision No Provision No Provision No Provision No Provision
of Justice. - The
Department of
Justice (DOJ) shall be
responsible for
extending"
immediate
assistance for the
purpose of
investigations or
proceedings
concerning criminal
offenses related to
computer systems
and data, or for the
collection of
electronic evidence
of a criminal offense
and to otherwise
ensure that the
provisions of this law
are complied. In this
regard, there is
hereby created a
DOJ Office of
Cybercrime for
facilitating or
directly carrying out
the provisions of
technical advice,
preservation of data,
collection of
evidence, giving
legal information
and locating
suspects and all
other cybercrime
matters related to
investigation and
reporting issues.
SEC. 19. Commission: No Provision No Provision No provision No Provision No Provision No Provision No Provision
on Information and
Communications
Technology. - The
Commission on
Information and
Communications
Technology (CICT)
shall be responsible
for formulating and
implementing a
national cyber
security plan and
extending
immediate
assistance for the
suppression of real-
time commission of
cybercrime offenses
through a computer
emergency response
team (CERT). In this
regard, there is
hereby created a
CICT National Cyber
Security Office to
carry out the above
responsibilities and
all other matters
related to
cybercrime
prevention and
30 suppression,
including capacity
building.
SEC. 20. Cybercrime SEC. 18. Cybercrime SEC. 18. Cybercrime SEC. 18. Cybercrime SEC. 18. Cybercrime No Provision No Provision No Provision
Investigation and Investigation and Investigation and Investigation and Investigation and
Coordinating Center. Coordinating Center. Coordinating Center. Coordinating Center. Coordinating Center.
-- There is hereby – There is hereby – There is hereby - There is hereby There is hereby
created, within thirty created, within thirty created, within thirty created, within thirty created, within thirty
(30) days from the (30) days from the (30) days from the (30) days from the (30) days from the
effectivity of this effectivity of this effectivity of this effectivity of this effectivity of this
Act, a Cybercrime Act, a Cybercrime Act, a Cybercrime Act, a Cybercrime Act, a Cybercrime
Investigation and Investigation and Investigation and Investigation and Investigation and
Coordinating Center, Coordinating Center, Coordinating Center, Coordinating Center, Coordinating Center,
hereinafter referred hereinafter referred hereinafter referred hereinafter referred hereinafter referred
to as CICC, under the to as the CICC, under to as the CICC, under to as the CICC, under to as the CICC, under
control and the control and the control and the control and the control and
supervision of the supervision of the supervision of the supervision of the supervision of the
Office of the Office of the Office of the Office of the Office of the
President, to President, to President, to President, to President, to
formulate and formulate and formulate and formulate and formulate and
implement the implement the implement the implement the implement the
national cyber national cyber national cyber national cyber national cyber
security plan. security plan. security plan. security plan. security plan.

SEC. 21. SEC. 19. SEC. 19. SEC. 19. SEC. 19. No Provision No Provision SEC. 10.
Composition. -- Tile Composition. – The Composition. – The Composition. - The Composition. The Composition. - The
CICC shall be headed CICC shall be headed CICC shall be headed CICC shall be headed CICC shall be headed CERC shall be
by the Chairman of by the Chairman of by the Chairman of by the Chairman of by the Chairman of headed by the
the Commission on the Commission on the Commission on the Commission on the Commission on Chairman of the
Information and Information and Information and Information and Information and Commission on
Communications Communications Communications Communications Communications Information and
Technology as Technology as Technology as Technology as Technology as Communications
Chairman; with the Chairman with the Chairman with the Chairman with the Chairman with the Technology (CICT) as
Director of the NBI Director of the NBI Director of the NBI Director of the NBI Director of the NBI Chairman; the
as Vice-Chairman; as Vice Chairman; as Vice Chairman; as Vice Chairman; as Vice Chairman; Director of the
Chief of the PNP; the Chief of the PNP, the Chief of the PNP, the Chief of the PNP, the Chief of the PNP, National Bureau of
Chief of the National the Chief of the the Chief of the the Chief of the the Chief of the Investigation (NBI) as
Prosecution Service National Prosecution National Prosecution National Prosecution National Prosecution Vice-Chairman and
(NPS); and the Head Service (NPS) and Service (NPS) and Service (NPS) and Service (NPS) and the following as
of the National the Head of the the Head of the the Head of the the Head of the members:
Computer Center National Computer National Computer National Computer National Computer
(NCC) as members. Center (NCC), as Center (NCC), as Center (NCC), as Center (NCC), as
members. members. members. members.
The CICC shall be
manned, by a The CICC shall be The CICC shall be The CICC shall be The CICC shall be
secretariat of manned by a manned by a manned by a manned by a
selected personnel secretariat of secretariat of secretariat of secretariat of
and representatives selected personnel selected personnel selected personnel selected personnel
from the different and representatives and representatives and representatives and representatives
participating from the different from the different from the different from the different
agencies participating participating participating participating
agencies. agencies. agencies. agencies.
SEC. 22. Powers and SEC. 20. Powers and SEC. 20. Powers and SEC. 20. Powers and SEC. 20. Powers and No Provision No Provision SEC. 12. Powers and
Functions. -- The Functions. – The Functions. – The Functions. The CICC Functions. The CICC Functions. - The
ClCC shall have the CICC shall have the CICC shall have the shall have the shall have the CERC shall have the
following powers following powers following powers following powers following powers following powers
and functions: and functions: and functions: and functions: and functions: and functions:

a. To prepare and (a) To prepare and (a) To prepare and (A) To prepare and A. To prepare and a) To prepare and
implement implement implement implement implement implement
appropriate and appropriate and appropriate and appropriate and appropriate and appropriate and
effective measures effective measures effective measures effective measures effective measures effective measures
to prevent and to prevent and to prevent and to prevent and to prevent and to prevent and
suppress cybercrime suppress cybercrime suppress cybercrime suppress cybercrime suppress cybercrime suppress computer
activities as provided activities as provided activities as provided activities as provided activities as provided fraud, abuses and
in this Act; for in this Act; for in this Act; for in this Act; for in this Act; other cyber-related
fraudulent activities
as provided in this
(b) To monitor (b) To monitor (B) To monitor B. To monitor Act;
b. To monitor cybercrime cases cybercrime cases cybercrime cases cybercrime cases
cybercrime cases being handled by being handled by being handled by being handled by b) To monitor the
being handled by participating law participating law participating law participating law investigation of
participating law enforcement and enforcement and enforcement and enforcement and cybercrime cases
enforcement and prosecution prosecution prosecution prosecution being handled by
prosecution agencies; agencies; agencies; agencies; participating law
agencies; enforcement and
(c) To facilitate (c) To facilitate (C) To facilitate C. To facilitate prosecution
c. To facilitate international international international international agencies, initiate
international cooperation on cooperation on cooperation on cooperation on international
cooperation on intelligence, intelligence, intelligence, intelligence, cooperation on
intelligence, investigations, investigations, investigations, investigations, intelligence,
investigations, training and capacity training and capacity training and capacity training and capacity investigations,
training and capacity building related to building related to building related to building related to training and capacity
building related to cybercrime cybercrime cybercrime cybercrime building relative to
cybercrime prevention, prevention, prevention, prevention, cybercrime
prevention, suppression and suppression and suppression and suppression and prevention,
suppression and prosecution; prosecution; prosecution; prosecution; suppression, and
prosecution; prosecution;

c) To recommend
the attendance of
qualified personnel
in trainings,
conferences and
other fora on
information security
and cybercrime
prevention,
investigation and
(d) To coordinate the (d) To coordinate the (D) To coordinate D. To coordinate the suppression;
d. To coordinate the support and support and the support and support and
support and participation of the participation of the participation of the participation of the d) To coordinate the
participation of the business sector, local business sector, local business sector, local business sector, local support and
business sector, local government units government units government units government units participation of the
government units, and nongovernment and nongovernment and nongovernment and nongovernment business sector, local
and non-government organizations in organizations in organizations in organizations in government units,
organizations in cybercrime cybercrime cybercrime cybercrime and non-
cybercrime prevention programs prevention programs prevention programs prevention programs governmental
prevention programs and other related and other related and other related and other related organizations in
and other related projects; projects; projects; projects; cybercrime
projects; prevention programs
(e) To recommend (e) To recommend (E) To recommend E. To recommend and other related
e. To recommend the enactment of the enactment of the enactment of the enactment of projects;
the enactment of appropriate laws, appropriate laws, appropriate laws, appropriate laws,
appropriate laws, issuances, measures issuances, measures issuances, measures issuances, measures e) To recommend
issuances, measures and policies; and policies; and policies; and policies; the enactment of
and policies; appropriate laws,
(f) To call upon any (f) To call upon any (F) To call upon any F. To call upon any issuances, measures
f. To call upon any government agency government agency government agency government agency and policies;
government agency to render assistance to render assistance to render assistance to render assistance
to render assistance in the in the in the in the f) To call upon any
in the accomplishment of accomplishment of accomplishment of accomplishment of government agency
accomplishment of the CICC’s mandated the CICC’s mandated the CICC’s mandated the CICC’s mandated to render assistance
the ClCC's mandated tasks and functions; tasks and functions; tasks and functions; tasks and functions; in the
tasks and functions; and and and and accomplishment of
the CERC's
g. To perform such (g) To perform such (g) To perform such (G) To perform such G. To perform such mandated tasks and
other functions and other functions and other functions and other functions and other functions and functions; and
duties necessary for duties necessary for duties necessary for duties necessary for duties necessary for
the proper the proper the proper the proper the proper g) To perform such
implementation of implementation of implementation of implementation of implementation of other functions and
this Act. this Act. this Act. this Act this Act. duties necessary for
the proper
implementation of
this Act.
No Provision No Provision No Provision No Provision No Provision No Provision No Provision SEC. 22. Other
Remedies. - Any
person who suffers
damage or loss by
reason of a violation
of this Act may
maintain a separate
and independent
civil action against
the violator to
obtain
compensatory
damages, injunctive
and/or other
equitable relief.
SEC. 23. SEC. 21. SEC. 21. SEC. 21. SEC. 21. No Provision No provision SEC. 23.
Appropriations. The Appropriations. – Appropriations. – Appropriations. The Appropriations. The Appropriations. - The
amount of ten The amount The amount amount necessary to amount necessary to amount necessary
million pesos necessary to necessary to implement the implement the for the
(Phpl0,000,000.00) implement the implement the provisions of this Act provisions of this Act implementation of
shall be provisions of this Act provisions of this Act shall be included in shall be included in this Act shall be
appropriated shall be included in shall be included in the annual General the annual General charged against the
annually for the the annual General the annual General Appropriations Act. Appropriations Act. appropriations of
implementation of Appropriations Act. Appropriations Act. the CICT, NBI, PNP
this Act. and the NCC.
SEC. 24. SEC. 22. SEC. 22. SEC. 22. SEC. 22. No provision No Provision SEC. 24.
Implementing Rules Implementing Rules Implementing Rules Implementing Rules Implementing Rules Implementing Rules
and Regulations. - and Regulations. – and Regulations. – and Regulations. and Regulations. and Regulations. -
The Department of The CICT and the The CICT and the The CICT and the The CICT and the The Department of
Justice in DOJ shall jointly DOJ shall jointly DOJ shall jointly DOJ shall jointly Justice (DOJ) and the
consultation with formulate the formulate the formulate the formulate the Department of
the Commission on necessary rules and necessary rules and necessary rules and necessary rules and Interior and Local
Information and regulations for the regulations for the regulations for the regulations for the Government (DILG)
Communication effective effective effective effective shall jointly
Technology shall implementation of implementation of implementation of implementation of formulate the
formulate the this Act. this Act. this Act. this Act. necessary rules and
necessary rules and regulations for the
regulations for the effective
effective implementation of
implementation of this Act.
this Act including the
creation and
establishment of a
national cyber
security office with
the relevant
computer
emergency response
council or team.
SEC. 25. Public
Information
Campaign. - The
Office of the
President, National
Computer Center,
Department of
Education,
Department of
Justice, Department
of Trade and
Industry,
Department of
Transportation and
Communications,
and the National
Computer Center
shall, in coordination
with the Philippine
Information Agency,
undertake a public
information
campaign to educate
the general public on
the salient
provisions and
implications of this
Act.
 SEC. 26. Suppletory
Application. - This
Act shall have
suppletory
application to the
provisions of the
Revised Penal Code,
RA 7610 and RA
9208 or the Anti-
Trafficking in
Persons Act.
SEC. 25. Separability SEC. 23. Separability SEC. 23. Separability SEC. 23. Separability SEC. 23. Separability SECTION 9. SEC. 7. Separability SEC. 27. Separability
Clause . If any Clause. – If any Clause. – If any Clause. If any Clause. If any Separability Clause. Clause. – If any Clause. - If any
provision of this Act provision of this Act provision of this Act provision of this Act provision of this Act – If any provisions or provision or part provision of this Act
is held invalid, the is held invalid, the is held invalid, the is held invalid, the is held invalid, the part hereof, is invalid hereof is held invalid is held invalid, the
other provisions not other provisions not other provisions not other provisions not other provisions not or unconstitutional, or unconstitutional, other provisions not
affected shall remain affected shall remain affected shall remain affected shall remain affected shall remain the remainder of the the remainder of the affected thereby
in full force and in full force and in full force and in full force and in full force and law or the provision law or the provision shall remain in full
effect. effect. effect. effect. effect. not otherwise not otherwise force and effect.
affected shall remain affected shall remain
valid and subsisting. valid and subsisting.
SEC. 26. Repealing SEC. 24. Repealing SEC. 24. Repealing SEC. 24. Repealing SEC. 24. Repealing SECTION 10. SEC. 8. Repealing SEC. 28. Repealing
Clause. --. All laws, Clause. – All laws, Clause. – All laws, Clause. All laws, Clause. All laws, Repealing Clause. – Clause. – Any law, Clause. - All laws,
decrees, or rules decrees or rules decrees or rules decrees or rules decrees or rules Any law, presidential presidential decree decrees, or rules
inconsistent with inconsistent with inconsistent with inconsistent with inconsistent with decree or issuance, or issuance, inconsistent with
this Act are hereby this Act are hereby this Act are hereby this Act are hereby this Act are hereby executive order, executive order, this Act are hereby
repealed or modified repealed or modified repealed or modified repealed or modified repealed or modified letter of instruction, letter of instruction, repealed or modified
accordingly. Section accordingly. accordingly. accordingly. accordingly. administrative order, administrative order, accordingly,
33 of Republic Act Specifically, Section Specifically, Section Specifically, Section Specifically, Section rule of regulation rule or regulation Specifically, Section
No. 8792 or the 33 of Republic Act 33 of Republic Act 33 of Republic Act 33 of Republic Act contrary to or contrary to, or 33 of Republic Act
Electronic No. 8792 or the No. 8792 or the No. 8792 or the No. 8792 or the inconsistent with, inconsistent with, No, 8792 or the
Commerce Act is Electronic Electronic Electronic Electronic the provisions of this the provisions of this “Electronic
hereby modified Commerce Act is Commerce Act is Commerce Act is Commerce Act is Act is hereby Act is hereby Commerce Act” is
accordingly. hereby modified hereby modified hereby modified hereby modified repealed, modified, repealed, modified, hereby modified
accordingly. accordingly. accordingly. accordingly. or amended or amended accordingly.
accordingly. accordingly.
SEC. 27. Effectivity. -- SEC. 25. Effectivity. – SEC. 25. Effectivity. – SEC. 25. Effectivity. SEC. 25. Effectivity. SECTION 11. SEC. 9. Effectivity SEC. 29. Effectivity. -
This Act shall take This Act shall take This Act shall take This Act shall take This Act shall take Effectivity Clause. – Clause. - This Act This Act shall take
effect fifteen (15) effect fifteen (15) effect fifteen (15) effect fifteen (15) effect fifteen (15) This Act shall take shall take effect effect fifteen (15)
days after the days after its days after its days after its days after its effect fifteen (15) fifteen (15) days days after the
completion of its publication in the publication in the publication in the publication in the days after its after its publication completion of its
publication in the Official Gazette or in Official Gazette or in Official Gazette or in Official Gazette or in publication in at in at least two (2) publication in the
Official Gazette or in at least two (2) at least two (2) at least two (2) at least two (2) least two (2) newspapers of Official Gazette Of in
at least two (2) newspapers of newspapers of newspapers of newspapers of newspapers of general circulation. at least two (2)
newspapers of general circulation. general circulation. general circulation. general circulation. general circulation. newspapers of
general circulation. general circulation,