COLLEGE VISION

Republic of the
A preferred University of Philippines
developmental culture
and inclusive growth. Mountain Province
State Polytechnic
COLLEGE MISSION
College
It shall produce global Department of
competitive leaders
molded from a tradition Criminology
of excellence in Bontoc Campus
instruction, research,
effective governance, Bontoc, Mountain Province
sustainable
entrepreneurship and
on environment that
assumes major
responsibility in cultural
vitality and well-being of
the community.

CRIMINOLOGY
DEPARTMENTAL GOAL OVERVIEW OF THE LAW
The ultimate goal of the
Criminology department
REPUBLIC ACT NO. 10175
is to produce morally
upright, competent, and
globally competitive
criminologists and  Illegal Access
criminalists who will
deliver effective and
efficient community
 Illegal Interception
service.
 Data Interference
CRIMINOLOGY
DEPARTMENT  System Interference
OBJECTIVES

1 Provide quality
introduction and guided
R
experience through
which the student
learns the knowledge
relative to the practice
of Criminology
profession.

2 Develop skills in the

practice of security
services, detection,
identification and
investigation of law
violators.

3 Promote participative GROUP 4 MEMBERS:

and functional and
networking for crime Bantasan, Rowell
prevention.

4 Provide the students

Faliao, Brian D. Jr.
with a broad cultural
background and an Giwao, John Paul
understanding of due
process requirement on Lagob, Harvie G.
the total administration
of justice. Lipang, Rhalda Q.
5 Provide the students
with higher concept of Palangdao, Jerma S.
citizenry and leadership
towards fellowmen.

6 Encourage the
students to undertake
criminological
researches and
inquiries.
 September 25, 2023

TABLES OF CONTENT

OBJECTIVES - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3

INTRODUCTION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 3

OFFENSES AGAINST THE CONFIDENTIALITY,

INTEGRITY AND AVAILABILITY OF COMPUTER
DATA AND SYSTEMS - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - 4

PENALTIES AND CONSEQUENCES UNDER RA 10175 - - - - - - - - - - - - - - - - - - - - 8

CONCLUSION - - - - - - - - - - - - - - - - - - -- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - 9

REFERENCES - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10

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OBJECTIVES:
1. To provide a comprehensive understanding of Republic Act 10175 and its
significance in addressing cybercrimes in the Philippines;
2. To explain the various types of cybercrimes, including illegal access,
illegal interception, data interference, and system interference, and their
perspective implications, and;
3. To examine the penalties and legal consequences associated with
offenses under RA 10175.

INTRODUCTION
In this digital age, where technology plays a vital role in our daily lives, it
is crucial to have laws that protect individuals and organizations from
cybercrimes. Cybercrime refers to criminal activities that involve computers,
networks, and digital technology. These illicit actions can encompass a wide
range of activities, including hacking, identity theft, online fraud, spreading
malware, phishing, and more. Cybercrimes exploit vulnerabilities in digital
systems to gain unauthorized access, steal sensitive information, disrupt
services, or commit fraudulent acts.

The Republic Act 10175, also known as the “Cybercrime Prevention

Act of 2012”, is a landmark legislation in the Philippines that aims to
safeguard against various forms of cyber threats and offenses. It is an act
defining cybercrime, providing for the prevention, investigation, suppression,
and imposition of penalties therefor and for other purposes.

Republic Act No. 10175 is a comprehensive law that addresses a wide

range of cybercrimes and provides legal measures to combat them. It
recognizes the importance of protecting the integrity, confidentiality, and
availability of computer systems, networks, and data. The law not only focuses
on preventing cybercrimes but also emphasizes the investigation, prosecution,
and punishment of those who engage in such activities.

On September 12, 2012, the Philippine Congress passed Republic Act

No. 10175, often known as the "Cybercrime Prevention Act of 2012," which
addresses all offenses committed against and through computer systems. It
contains punitive substantive rules, procedural regulations, and international
cooperation rules

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OFFENSES AGAINST THE CONFIDENTIALITY, INTEGRITY AND AVAILABILITY
OF COMPUTER DATA AND SYSTEMS:

1. ILLEGAL ACCESS - refers to the access to the whole or any part of a computer
system without right. It is also referring to unauthorized entry into a computer system or
network without permission from the owner or administrator. It involves bypassing
security measures or exploiting vulnerabilities to gain access to sensitive information or
resources. Illegal access can lead to data breaches, identity theft, and other malicious
activities.

● The perspective implications of Illegal access:

1. Legal Consequences
- RA 10175 classifies illegal access as a cybercrime offense. Individuals found guilty
of illegal access can face criminal charges, including imprisonment and fines. This
serves as a deterrent to potential cybercriminals.

2. Preservation of Privacy
- Illegal access often involves unauthorized intrusions into personal or sensitive
information. RA 10175 helps preserve the privacy of individuals and organizations by
prohibiting such activities and providing a legal framework for prosecuting those who
violate privacy.

3. Cybersecurity Awareness
- The inclusions of illegal access in RA 10175 raises awareness about cybersecurity
issues. It emphasizes the importance of secure access control and authentication
practices, prompting individuals and business to adopt better security measures.

Illegal access under RA 10175 has several implications, including legal consequences of
offenders, preservation of privacy, increased cybersecurity awareness, and international
cooperation in combating cyber threats. However, it also raises related to privacy, enforcement
challenges, and the need for ongoing education in the field of cybersecurity.

2. ILLEGAL INTERCEPTION
- The interception made by technical means without right of any non-public
transmission of computer data to, form, or within a computer system including
electromagnetic emissions from a computer system carrying such computer data.
Illegal interception poses a significant threat to privacy and confidentiality.
- Unauthorized access to a data.
- It protects the privacy of non-public computer data transmission s from monitoring
and recording.

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 Example: illegal copying of programs and data files

● The perspective implications of Illegal Interception:

1. Privacy Violation
- This violates upon an individual’s right to privacy. It involves the unauthorized
monitoring or interception of private communications, such as emails, messages or
phone calls, which is a breach of personal privacy.
- It represents a serious breach of personal privacy and legal boundaries. They have far-
reaching consequences for individuals, organizations, and even nations, highlighting
the critical importance of upholding privacy rights and enforcing cybersecurity
measures to prevent such violations.
2. Protective of Sensitive Information
- Illegal interceptions can compromise sensitive and confidential information,
including personal data and trade secrets. RA 10175 aims to protect such information
from unauthorized access and disclosure.

3. DATA INTERFERENCE (vandalism) - the intentional or reckless alteration,

damaging, deletion, or deterioration of computer data, electronic document, or electronic
data message, without right, including the introduction or transmission of viruses. It also
refers to any unauthorized alteration, deletion, damaging, or suppression of computer
data. It includes actions that disrupt or impair the integrity, availability, or reputational
harm to individuals or organizations.

It includes inputting of malicious codes that can threaten the integrity or use of data or programs.

● The perspective implications of Data Interference:

1. Data Security and Privacy Concerns

- Data interference can involve unauthorized access, alteration, or interference with

computer data or systems. This raises significant data security and privacy concerns. Individuals

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and organizations may worry about the safety of their sensitive information and whether it can be
compromised by malicious actors. Ensuring data security becomes a top priority.

2. Financial and Reputation Damage

- Can lead to financial losses and damage to the reputation of individuals or

organizations. When data in tempered with or stolen, it can result in financial fraud, identity
theft, or corporate espionage. This can have far-reaching consequences, including financial harm
and a loss of trust among customers, partners, and stakeholders.

3. Legal Consequences

- Republic Act 10175 provides a legal framework for addressing data interference
activities may face legal repercussions. Penalties can include imprisonment and fines, which
serve as a deterrent to prevent such activities and promote compliance with the law.

For example, viruses that interfere with the data.

These three common implications highlight the importance of safeguarding data, both for
individuals and organizations, and the legal mechanism in place to address data interference.

4. SYSTEM INTERFERENCE - the intentional or alteration or reckless hindering or

interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or
programs, electronic document, or electronic data message, without right or authority,
including the introduction or transmission of viruses. It can also result in significant
financial losses for businesses and organizations and disrupt essential services. RA 10175
aims to deter such activities by imposing penalties on those who engage in system
interference.

For example, denial of service and other attacks, viruses that stop or slow computer system
and etc. A DoS attack is a cyberattack that makes a computer or other device unavailable to
its intended users. This is usually accomplished by overwhelming the targeted machine with
requests unit normal traffic can no longer be processed. With a DoS attack, a single computer
launches the attack.

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  Targets might include email, online banking, websites, or any other services relying on a
targeted network or computer.

 In email, a mail bomb is a form of a denial-of-service (DoS) attack designed to

overwhelm an inbox or inhibit a server by sending a massive number of emails to a
specific person or system. The aim is to fill up the recipient’s disk space on the server or
overload a server to stop it from functioning.

* The sign of a DoS attack can be observed by any network user. Common indicators include:
Slow network performance for common task, such as downloading/uploading files, logging into
an account, accessing a website or steaming audio or video content.

● The perspective implications of System Interference:

1. Data Protection

- By criminalizing system interference, the law promotes the protection of data

and sensitive information stored on computer systems. This helps safeguard both personal and
business data from malicious tampering.

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 2. Legal Framework for Prosecution

- The law provides a legal framework for the investigation and prosecution of
individuals or entitles engaged in system interference. This facilitates the enforcement of
cybercrime laws and helps bring offenders to justice.

3. Preventing Malicious Attacks

- The law discourages malicious cyberattacks that can lead to financial losses,
data breaches, and service disruptions. This contributes to a safer and more secure digital
environment. On addition, unauthorized hindering or interference with the functioning of a
computer or computer network by inputting, transmitting, damaging, deleting, deteriorating,
altering or suppressing computer data or program, electronic document data messages, and
including the introduction or transmission of viruses. Authorized action can be covered by this
provision if the action of the person went beyond agreed scope resulting to damages stated in this
provision.

The Penalties and legal consequences associated with offenses

under RA 10175
Penalties. — Any person found guilty of any of the punishable acts enumerated in Sections 4(a)
and 4(b) of this Act shall be punished with imprisonment of prison mayor or a fine of at least
Two hundred thousand pesos (PhP200, 000.00) up to a maximum amount commensurate to the
damage incurred or both.
1. Any person found guilty of the punishable act under Section 4(a) (5) shall be punished
with imprisonment of prision mayor or a fine of not more than five hundred thousand
pesos (PhP500, 000.00) or both.

2. If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty
of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,
000.00) up to maximum amount commensurate to the damage incurred or both, shall be
imposed.

3. Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of
this Act shall be punished with imprisonment of prision mayor or a fine of at least Two
hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos
(PhPl,000,000.00) or both.

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 4. Any person found guilty of any of the punishable acts enumerated in Section 4(c) (2) of
this Act shall be punished with the penalties as enumerated in Republic Act No. 9775 or
the “Anti-Child Pornography Act of 2009: Provided, That the penalty to be imposed shall
be one (1) degree higher than that provided for in Republic Act No. 9775, if committed
through a computer system.
5. Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall
be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand
pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos
(PhP250,000.00) or both.

6. Any person found guilty of any of the punishable acts enumerated in Section 5 shall be
punished with imprisonment one (1) degree lower than that of the prescribed penalty for
the offense or a fine of at least One hundred thousand pesos (PhPl00,000.00) but not
exceeding Five hundred thousand pesos (PhP500,000.00) or both.

CONCLUSION

The overview of Republic Act 10175 and its provisions related to offenses against the
illegal access, illegal interception, data interference, and system interference, underscores the
Philippines government’s commitment to addressing the challenges posed by cybercrimes in the
digital age.

RA 10175 serves as a vital legal framework that not only defines and criminalizes these
cybercrimes but also establishes penalties and legal consequences for those who engage in these
illicit activities. The law places a strong emphasis on protecting the privacy, security, and
functionality of computer systems and data, reflecting the growing importance of a secure digital
environment for individuals, business, and government entities. Furthermore, RA 10175
promotes cybersecurity awareness and encourages the adoption of best practices in securing
digital assets. It empowers law enforcement agencies to investigate and prosecute
cybercriminals, contributing to the deterrence and prevention of cybercrimes. As technology
continues to advance, the challenges in safeguarding computer data and systems evolve as well.
Therefore, the ongoing assessment and adaption of RA 10175 and related cybersecurity
measures are essential to effectively combat emerging cyber threats and ensure the continued
integrity of the digital landscape.

Last but not least, in this ever-changing digital landscape, RA 10175 stands as a
cornerstone of cybercrime prevention and a crucial tool for preserving the confidentiality,
integrity and availability of computer data and systems in the Philippines. It reinforces the

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importance of responsible and secure digital citizenship while sending a clear message that
cybercrimes will not go unpunished in the pursuit of a safer and more secure cyberspace.

REFERENCES

http://hrlibrary.umn.edu/research/Philippines/RA_10175.html

https://lawphil.net/statutes/repacts/ra2012/ra_10175_2012.html

https://www.officialgazette.gov.ph/2012/09/12/republic-act-o-10175/

https://digitalfilipino.com/introduction-cybercrime-prevention-act-republic-act-10175/

https://www.investopedia.com/terms/d/denial-service-attack-dosasp#.~.text=A%20DOS
%20(denial%2Dof%2D,single%20computer%20launches%20the%20attack

https://researchgate.net/figure/Flow-of-DDoS-attack-see-online-version-for-
colours_fig3_331240347

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