INTRODUCTION TO

CYBER CRIME AND

ENVIRONMENTAL
LAWS AND
PROTECTION

CHARYL ANNE L. PONCE,

INTRODUCTION TO CRIMINOLOGY

COURSE NAME:Introduction to Cyber Crime

and Environmental Laws and Protection

COURSE DESCRIPTION:This course covers an overview of

cybercrime, including a basic understanding of computer
technology, history of cybercrimes, nature and types of
cybercrimes, incident response, collection and preservation;
digital investigative plan, and the applicable legal provision. This
also covers the study of the concepts and principles of
environment specifically on ecosystem and biodi versity, various
threats to their existence and its impact on humankind. It includes
the study of relevant environmental laws and jurisprudence, the
detection, investigation, and gathering of evidence in the
prosecution of cases.
 ENVIRONMENTAL CRIMES
ENVIRONMENTAL
CRIMES
It is an illegal act which
directly harms the
environment. These illegal
activities involve the
environment, wildlife,
biodiversity and natural
resources. It covers the
activities that breach
environmental legislation
and cause significant harm
or risk to the environment,
human heealth or both.
 ENVIRONMENTAL CRIMES
GREEN COLLAR
CRIME

It is a crime committed
against nature. This
term can refer to actual
crime , in the sense
that the act is illegal by
the country’s law, or a
moral crime that may
not be illegal.
KINDS OF
ENVIRONMEN
TAL CRIMES
 ENVIRONMENTAL CRIMES
Environmental crime is now becoming a
serious problem worldwide in different forms,
with some of them being among the most
profitable criminal activities in the world. The
most common crimes against the
environment are connected with the unlawful
exploitation of wild fauna and flora, pollution,
waste disposal and its trade.
The following are the different kinds of
environmental crimes committed and
punishable by law:
ENVIRONMENTAL CRIMES
WILD ANIMAL
TRAFFIC
It is regarded by the
Interpol as the third
largest illegal business
in the world after drug
and arms trafficking.
Wild animal traffic raises
a serious threat for the
world’s biodiversity
survival.
 ENVIRONMENTAL CRIMES
The more endangered the
species is, the higher the
price is for it. The most
requested species are
tropical birds, reptiles,
arachnids, monkeys. Animal
trafficking does not only
intend to sell them as
company animals it also
involves in serious crimes
like selling to the b;ack
market, used to make
decoration items and or in
traditional Chinese
medicine.
 ENVIRONMENTAL CRIMES
INDISCRIMINATE
LOGGING
It is the main cause of
deforestation, the largest
rainforest in the world
speeded up in 2013 at a 29%
rise in deforestation,
according to the Brazilian
government. The
uncontrolled logging to get
wood for furniture or other
good or even for farm lands-
is the most serious cause of
this environment crime
 ENVIRONMENTAL CRIMES
ELECTRONIC WASTE
MISMANAGEMENT
There are up to 50
million tones of
electronic watse every
year and up to 75% of
all these is estimated to
leave the official circuit
and a good deal of
them to be illegally
exported to Africa,
China or India.
ENVIRONMENTAL CRIMES
FINNING
A hundre million sharks
are captured every year
by specialised ships
and up to 70 million of
them are captured to
only have their fins cut
off alive on the ship and
then thrown back into
the sea.
 ENVIRONMENTAL CRIMES
DUMPING IN RIVERS
AND AQUIFERS
This kind of environmental
crime is most often caused
by companies, factories and
Public Administration.
Faecal and toxic waste
comig from factories are
dumped in rivers whuh
cause the local wildlife to
die or get ill and also find its
way to pollute the
sorrounding flora as well.
ENVIRONMENTAL CRIMES
WASTE
DISPOSAL
Improper waste disposal
creates a hazardous
problem. It may infect
peoplenot only physically but
through the air and water.
Garbage thrown in the rivers
and canals may not only
block our waterways but
invites rodents to infect the
water and soon be
transferred to humans.
ENVIRONMENTAL CRIMES
GLOBAL WARMING DUE TO
EMISSION OF GREENHOUSE
GASES
In almost any activity, we
emit greenhouse gas such as
using our electricity, cooking
and driving our cars. As we
breath out, we also produce
carbon dioxide. The more
people in the certain area,
the bigger carbon dioxide are
emitted into the environment.
As the gases are produce, it
generates heat causing a
change in the climate.
TAL LAWS
IN THE
PHILIPPINE
S
 ENVIRONMENTAL CRIMES
REPUBLIC ACT NO. 9003
‘’ECOLOGICAL SOLID WASTE
MANAGEMENT ACT OF 2000’’
In partnership with stakeholder,
the law aims to adopt a
systematic, comprehensive and
ecological solid waste
management program that shall
ensure the protection of public
health and environment. The
law ensures proper segregation,
collection, storage, treatment
and disposal of solid waste
through the formulation and
adaptation of best eco-waste
products.
 ENVIRONMENTAL CRIMES
REPUBLIC ACT NO. 9275
‘’PHILIPPINE CLEAN WATER
ACT OF 2004’’
The law aims to protect the
country’s water bodies from
pollution from land-based
sources (industries and
commercial establishment,
agriculture and
community/household
activities). It provides for
comprehensive and integrated
strategy to prevent and
minimize pollution through a
multi-sectoral and participatory
approach involving all the
 ENVIRONMENTAL CRIMES
REPUBLIC ACT NO. 8749
‘’PHILIPPINE CLEAN AIR
ACT OF 1999’’
The law aims to achieve
and maintain clean air
that meets the National
Air Quality guidelines
values for criteria
pollutants, throughout the
Philippines, while
minimizing the possible
associated impacts to the
economy.
 ENVIRONMENTAL CRIMES
REPUBLIC ACT NO. 6969
‘’TOXIC SUBSTANCES, HAZARDOUS AND
NUCLEAR WASTE CONTROL ACT OF
1990’’
The law aims to regulate restrict or
prohibit the importation,
manufacture, processing, sale,
distirbution, use and disposal of
chemical substances and mixtures
the presnt unreasonable risk to
human health. It likewise prohibits
the entry, even in transit, of
hazardous and nuclear wastes and
their disposal into the Philippines
territorial limits for whatever purpose
and to provide advancement and
facilitate research and studies on
toxic chemicals.
 ENVIRONMENTAL CRIMES
PRESIDENTIAL DECREE 1586
‘’ENVIRONMENTAL IMPACT STATEMENT
(EIS) STATEMENT OF 1978’’
The Environment Impact Assessment
System was formally established in
1978 with the encatment of PD No.
1586 to facilitate the attainment and
maintenance of rational and orderlt
balance between socio-economic
development and environmental
protection. EIA is a planning and
managemnet toolthat will help
government, decision makers, the
proponents and the affected
community address the negative
consequences or risks on the
environments. The process assures
implementation of environmental-
friendly projects.
ENVIRONMENTAL CRIMES
RA 1181 POLLUTION
CONTROL LAW
It is the purpose of this
Decree to prevent,
control, and abate the
emission of air pollution
from motor vehicles in
order to protect the
health and welfare of the
people and to prevent or
minimize damage to
property and hazards to
land transportation.
ENVIRONMENTAL CRIMES
RA 9729 CLIMATE
CHANGE ACT OF 2009
The State adopts the
principle of protecting the
climate system for the
benefit of humankind, on
the basis of climate justice
or common but
differentiated
responsibilities and the
Precautionary Principle to
guide decision-making in
climate risk management.
 ENVIRONMENTAL CRIMES
REPUBLIC ACT
NO.10611
“An Act To Strengthen
The Food Safety
Regulatory System In The
Country To Protect
Consumer Health And
Facilitate Market Access
Of Local Foods And Food
Products, And For Other
Purposes” otherwise
known as the “Food
Safety Act of 2013”.
 ENVIRONMENTAL CRIMES
REPUBLIC ACT NO. 9003
“Ecological Solid Waste
Management Act of 2000.”
It is hereby declared the policy
of the State to adopt a
systematic, comprehensive
and ecological solid waste
management program which
shall: Ensure the protection of
public health and environment;
Utilize environmentally-sound
methods that maximize the
utilization of valuable
resources and encourage
resource conservation and
recovery.
 S
INVESTIGATI
ON
 ENVIRONMENTAL CRIMES
The environmental crime investigation model
is based on the following areas:
 Investigation Methods
 Science and Technical Expertise
 Legal and Prosecution Aspects
 ENVIRONMENTAL CRIMES
INVESTIGATION METHODS
Criminal investigations of environmental crimes
target the most harmful viotions of
environmental laws that pose significant threats
to human health and the environment. Criminal
investigations are carried our via methods
including interviews, seraching a perosn or
document, examining documents or objects,
use of force for self-defense and subject expert
area. This requires well-trained special agents
and investigators.
 ENVIRONMENTAL CRIMES
SCIENCE AND TECHNICAL
EXPERTISE
Environmental crime investigations reuire in-
depth investigations with scientific
methodologiesand technical expertise.
Sampling and testing of materials to obtain
evidence against environmental criminals is a
critical and specialized area. Scientist and
specialized technical experts are required to
collect this evidence.
 ENVIRONMENTAL CRIMES
LEGAL AND PROSECUTION
ASPECTS
The legal and prosecution aspects of
environmental crime is significantly increasing
in demand. Environmental laws and
regulationsdevelopd are at all level including
sanctions, prison sentences, fines and
restoration of damage. Cost of legal and
prosecution cases are high and are
conductedby specialized environmental law
experts.
 TAL
PROTECTI
ON
 ENVIRONMENTAL CRIMES
ENVIRONMENTAL
PROTECTION
It is the practice of
protecting the natural
environment by individuals,
organizations and
governments. Its objectives
are to conserve natural
resources and the existing
natural environment and,
where possible, to repair
damage and reverse
trends
 THINGS TO
PROTECT THE
ENVIRONM
ENT
 ENVIRONMENTAL CRIMES
REDUCE, REUSE AND
RECYCLE
Cut down on what you throw
away. Follow the three "R's" to
conserve natural resources and
landfill space. Reduce means to
cut back on the amount of trash
we generate. Reuse means to
find new ways to use things that
otherwise would have been
thrown out. Recycle means to
turn something old and useless
(like plastic milk jugs) into
something new and useful (like
picnic benches, playground
equipment and recycling bins).
ENVIRONMENTAL CRIMES
VOLUNTEER
Volunteer for cleanups in
your community. You can get
involved in protecting your
watershed, too. A community
cleanup brings volunteers
together to clean, repair, and
improve publicspaces or
other areas (such as vacant
lots or abandoned
properties) that have been
neglected, vandalized, or
misused.
 ENVIRONMENTAL CRIMES
EDUCATE
When you further
your own
education, you can
help others
understand the
importance and
value of our natural
resources.
ENVIRONMENTAL CRIMES
CONSERVE WATER
The less water
you use, the less
runoff and
wastewater that
eventually end
up in the ocean.
ENVIRONMENTAL CRIMES
CHOOSE SUSTAINABLE
Sustainable food is food that
is safe and healthy. It's
produced without hazardous
pesticides and chemicals,
non-essential antibiotics or
growth promotion
supplements. Nutrition is
also playing an increasing
role in defining sustainable
foods. There's a growing
movement towards plant-
based foods.
ENVIRONMENTAL CRIMES
SHOP WISELY
Buy less plastic
and bring a
reusable shopping
bag.
 ENVIRONMENTAL CRIMES
USE LONG-LASTING
LIGHT BULBS
Energy efficient
light bulbs reduce
greenhouse gas
emissions. Also flip
the light switch off
when you leave the
room!
 ENVIRONMENTAL CRIMES
PLANT A TREE
Trees provide food and
oxygen. They help save
energy, clean the air,
and help combat climate
change.
 ENVIRONMENTAL CRIMES
DONT SEND CHEMICALS
INTO OUR WATERWAYS

Choose non-
toxic chemicals
in the home
and office.
 ENVIRONMENTAL CRIMES
BIKE MORE DRIVE
LESS
It helps society. Bike
commuting helps society in
a number of ways. It's less
wear and tear on the public
roads, less pollution in the
air, less traffic and
congestion for other cars,
allows more parking spots,
and is less noisy through
neighborhoods.
 CRIMES
IN THE
PHILIPPIN
ES
 CYBER CRIMES
CYBER CRIMES
Cyber crime is a
criminal activity that
either targets or uses a
computer, a computer
network or a networked
device. Cybercrimes
aims to damage
computers for reasons
pther than profit. These
could be political or
personal.
KINDS OF
CYBER
CRIMES
 CYBER CRIMES
MALWARE ATTACKS
A malware attacks is where a
computer system or network
is infected with a computer
virus or other type of
malware. A computer
compromise by malware
could be used by
cybercriminals for several
purposes. These include
stealing confidential data,
using the computer to carry
out other criminals acts or
causing damage to data.
 CYBER CRIMES
RANSOMWARE
It is a type of malware
used to extort money by
holding the victim’s
dataor device to ransom.
WannaCry is type of
ransomware which
targeted a vulnerability in
comuters running
Mincrosoft Windows.
 CYBER CRIMES
PHISHING
A phishing campaign is when
spam emails, or other forms of
communication, are sent en
masse, with the intention of
tricking recipients into doing
soemthing thaundermines their
security or the security of the
organization they work for.
Phishing campaign
messagesmay contain infected
attachments or links to
malicious sites or they may ask
the receiver to respond with
confidential information.
 CYBER
SPEAR-PHISHING
CRIMES
These targeted phishing
campaigns which try to
trick specific individuals
into jeopardizing the
security of the
organization they work for.
These are typically crafted
to look like
messagesfroma trusted
source. They may not
contain any visual clues
that they are fake.
 CYBER CRIMES
DISTRIBUTED DoS
ATTACKS
Distributed DoS attacks (DDoS)
are a type of cybercime attack
that cybercriminals use to bring
down a system or network.
Sometimes connected to loT
(internet of things) devices are
used to launch DDoS attacks. A
DDoS attack overwhelms a
system by using one of the
standard communication
protocols it uses to spam the
system with connection
requests.
 HOW TO
PROTECT
YOURSELF
AGAINST
CYBERCRIME
 CYBER CRIMES
1. Keep software and
operating system
updated
Keeping your
software and
operating system up
to date ensures that
you benefit from the
latest security
patches to protect yor
computer.
 CYBER CRIMES
2. Use anti-virus
software and keep it
updated
Using anti-virus or a
comprehensive internet security
solution like Kaspersky Total
Security is a smart way to protect
your system from attacks. Anti-
virus software allows you to
scan, detect and remove threats
before they become a
problem.Having this protection in
place helps to protect your
computer and your data from
cbercrime, giving you piece of
mind.
 CYBER CRIMES
3. Use strong
passwords
Be sure to use strong
passwords that people
will not guess and do
not record them
anywhere or use a
reputable password
manager to generate
strong
passwordsrandomly to
make this easier.
 CYBER CRIMES
4. Never open
attachments in spam
emails
A classic way that
computers get infected
by malware attacks and
other forms of
cybercimesis via email
attachments in spam
emails. Never open an
attachment from a
sender you do not know.
 CYBER CRIMES
5. Do not click on links
in spam emails or
untrusted websites
Another way people
become victims of
cybercrime is by clicking
on links in spam emails
or otehr messages, or
unfamiliar websites.
Avois doing this to stay
online.
 CYBER CRIMES
6. Do not give out
personal information
unless secure
Never give out personal
data over the phone or
via email unless you
are completely sure the
line or email is secure.
Make certain that you
are speaking to the
person you think you
are.
 CYBER CRIMES
7. Companies directly
about suspicious
request
If you get asked for data
from a company who has
called you, hang up. Call
them back using the
number on their official
website to ensure you
are speaking to them and
not a cybercriminal.
 CYBER CRIMES
8. Be mindful of which
website URLs you visit
Keep an eye on the URLs
you are clicking on if they
look legit. Avois clicking on
links with unfamiliar or
sapmmy looking URLs. If
your internet security
product includes
functionality to secure online
transactions, ensure it is
enabled befor carrying out
financial transactions online.
CYBER CRIMES
9. Keep an eye on your
bank statements

Keep an eye on your

bank statementsand
query any unfamiliar
transactions with the
bank. The bank can
investigate whether
they are fraudulent.
COMMON
TYPES OF
CYBERCRI
MES
 CYBER CRIMES
PHISHING SCAMS
It is a type of social
engineering attack often used
to steal user data, including
login credentials and credit
card numbers. It occurs when
an attacker, masquerading as
a trusted entity, dupes a
victim into opening an email,
instant message, or text
message. An attack can have
devastating results.
 CYBER CRIMES
INTERNET FRAUD
It is a type of cybercrime fraud or
deception which makes use of the
Internet and could involve hiding of
information or providing incorrect
information for the purpose of tricking
victims out of money, property, and
inheritance.Internet fraud is not
considered a single, distinctive crime
but covers a range of illegal and illicit
actions that are committed in
cyberspace. It is, however,
differentiated from theft since, in this
case, the victim voluntarily and
knowingly provides the information,
money or property to the perpetrator. It
is also distinguished by the way it
involves temporally and spatially
separated offenders
 CYBER CRIMES
INTELLECTUAL
PROPERTY
INFRINGEMENT
It refers to any violation or
breach of protected
intellectual property
rights. Your IP rights may
have been infringed upon
if your work that is
protected by IP laws is
copied or otherwise used
or exploited without your
permission.
 CYBER CRIMES
IDENTITY THEFT
Happens when someone
steals your personal
information to commit
fraud. The identity thief may
use your information to
apply for credit, file taxes,
or get medical services.
These acts can damage
your credit status, and cost
you time and money to
restore your good name.
 CYBER CRIMES
CYBERSTALKING
It is the use of the Internet or
other electronic means to
stalk or harass an individual,
group, or organization.It may
include false accusations,
defamation, slander and libel.
It may also include
monitoring, identity theft,
threats, vandalism, solicitation
for sex, doxing, or blackmail.
Cyberstalking is often
accompanied by realtime or
offline stalking.
 10175
‘’ AN ACT DEFINING
CYBERCRIME, PROVIDING
FOR THE PREVENTION,
INVESTIGATION,
SUPPRESSION AND THE
IMPOSITION OF PENALTIES
THEREFOR AND FOR OTHER
PURPOSES
 CYBER CRIMES
SECTION 1. TITLE. This Act shall be known
as the “Cybercrime Prevention Act of 2012”.

SEC. 2. DECLARATION OF POLICY. The

State recognizes the vital role of information
and communications industries such as
content production, telecommunications,
broadcasting electronic commerce, and data
processing, in the nation’s overall social and
economic development.
 CYBER CRIMES
The State also recognizes the importance of
providing an environment conducive to the
development, acceleration, and rational application
and exploitation of information and communications
technology (ICT) to attain free, easy, and intelligible
access to exchange and/or delivery of information;
and the need to protect and safeguard the integrity
of computer, computer and communications
systems, networks, and databases, and the
confidentiality, integrity, and availability of
information and data stored therein, from all forms
of misuse, abuse, and illegal access by making
punishable under the law such conduct or conducts.
 CYBER CRIMES
In this light, the State shall adopt sufficient powers to
effectively prevent and combat such offenses by
facilitating their detection, investigation, and
prosecution at both the domestic and international
levels, and by providing arrangements for fast and
reliable international cooperation.

SEC. 3. DEFINITION OF TERMS. For purposes of

this Act, the following terms are hereby defined as
follows:
(a) ACCESS refers to the instruction, communication
with, storing data in, retrieving data from, or otherwise
making use of any resources of a computer system or
communication network.
 CYBER CRIMES
(b) ALTERATION refers to the modification or change, in form
or substance, of an existing computer data or program.
(c) COMMUNICATION refers to the transmission of
information through ICT media, including voice, video and
other forms of data.
(d) COMPUTER refers to an electronic, magnetic, optical,
electrochemical, or other data processing or communications
device, or grouping of such devices, capable of performing
logical, arithmetic, routing, or storage functions and which
includes any storage facility or equipment or communications
facility or equipment directly related to or operating in
conjunction with such device. It covers any type of computer
device including devices with data processing capabilities like
mobile phones, smart phones, computer networks and other
devices connected to the internet.
 CYBER CRIMES
(e) COMPUTER DATA refers to any
representation of facts, information, or concepts
in a form suitable for processing in a computer
system including a program suitable to cause a
computer system to perform a function and
includes electronic documents and/or electronic
data messages whether stored in local
computer systems or online.

(f) COMPUTER PROGRAM refers to a set of

instructions executed by the computer to
achieve intended results.
 CYBER CRIMES
(g) COMPUTER SYSTEM refers to any device or group
of interconnected or related devices, one or more of
which, pursuant to a program, performs automated
processing of data. It covers any type of device with
data processing capabilities including, but not limited to,
computers and mobile phones. The device consisting of
hardware and software may include input, output and
storage components which may stand alone or be
connected in a network or other similar devices. It also
includes computer data storage devices or media.
(h) WITHOUT RIGHT refers to either: (i) conduct
undertaken without or in excess of authority; or (ii)
conduct not covered by established legal defenses,
excuses, court orders, justifications, or relevant
principles under the law.
 CYBER CRIMES
(i) CYBER refers to a computer or a computer
network, the electronic medium in which online
communication takes place.
(j) CRITICAL INFRASTRUCTURE refers to the
computer systems, and/or networks, whether
physical or virtual, and/or the computer
programs, computer data and/or traffic data so
vital to this country that the incapacity or
destruction of or interference with such system
and assets would have a debilitating impact on
security, national or economic security, national
public health and safety, or any combination of
those matters.
 CYBER CRIMES
(k) CYBERSECURITY refers to the collection of
tools, policies, risk management approaches,
actions, training, best practices, assurance and
technologies that can be used to protect the
cyber environment and organization and user’s
assets.
(l) DATABASE refers to a representation of
information, knowledge, facts, concepts, or
instructions which are being prepared,
processed or stored or have been prepared,
processed or stored in a formalized manner and
which are intended for use in a computer
system.
 CYBER CRIMES
(m) INTERCEPTION refers to listening to,
recording, monitoring or surveillance of the content
of communications, including procuring of the
content of data, either directly, through access and
use of a computer system or indirectly, through the
use of electronic eavesdropping or tapping devices,
at the same time that the communication is
occurring.

SERVICE PROVIDER REFERS TO:

(1) Any public or private entity that provides to users of its service
the ability to communicate by means of a computer system; and
(2) Any other entity that processes or stores computer data on
behalf of such communication service or users of such service.
 CYBER CRIMES
(o) SUBCRIBER’S INFORMATION refers to any
information contained in the form of computer data or
any other form that is held by a service provider,
relating to subscribers of its services other than traffic
or content data and by which identity can be
established:
(1) The type of communication service used, the technical
provisions taken thereto and the period of service;
(2) The subscriber’s identity, postal or geographic address,
telephone and other access numbers, any assigned network
address, billing and payment information, available on the basis of
the service agreement or arrangement; and
(3) Any other available information on the site of the installation of
communication equipment, available on the basis of the service
agreement or arrangement.
 CYBER CRIMES
(p) TRAFFIC DATA OR NON-
CONTENT DATA refers to any
computer data other than the
content of the communication
including, but not limited to, the
communication’s origin,
destination, route, time, date,
size, duration, or type of
underlying service.
CHAPTER II

PUNISHABL
E ACTS
 CYBER CRIMES
SEC. 4. CYBER CRIME OFFENSES. The
following acts constitute the offense of
cybercrime punishable under this Act:

(a) Offenses against the confidentiality,

integrity and availability of computer data
and systems:
(1) ILLEGAL ACCESS. The access to the
whole or any part of a computer system
without right.
 CYBER CRIMES
(2) ILLEGAL INTERCEPTION. The interception
made by technical means without right of any
non-public transmission of computer data to,
from, or within a computer system including
electromagnetic emissions from a computer
system carrying such computer data.
(3) DATA INTERFERENCE. 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.
 CYBER CRIMES
(4) SYSTEM INTERFERENCE. The
intentional 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 program, electronic
document, or electronic data message,
without right or authority, including the
introduction or transmission of viruses.
 CYBER CRIMES
(5) MISUSE OF DEVICES
(i) The use, production, sale, procurement, importation,
distribution, or otherwise making available, without right,
of:
(aa) A device, including a computer program, designed or
adapted primarily for the purpose of committing any of the
offenses under this Act; or
(bb) A computer password, access code, or similar data by
which the whole or any part of a computer system is
capable of being accessed with intent that it be used for
the purpose of committing any of the offenses under this
Act.
(ii) The possession of an item referred to in paragraphs 5(i)
(aa) or (bb) above with intent to use said devices for the
purpose of committing any of the offenses under this
 CYBER CRIMES
(6) CYBER- SQUATTING. The acquisition of a
domain name over the internet in bad faith to
profit, mislead, destroy reputation, and deprive
others from registering the same, if such a
domain name is:
(2) COMPUTER- RELATED FRAUD. The
unauthorized input, alteration, or deletion of
computer data or program or interference in the
functioning of a computer system, causing
damage thereby with fraudulent intent:
Provided, That if no damage has yet been
caused, the penalty imposable shall be one (1)
degree lower.
 CYBER CRIMES
(3) COMPUTER RELATED IDENTITY THEFT. The
intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying
information belonging to another, whether natural or
juridical, without right: Provided, That if no damage has
yet been caused, the penalty imposable shall be one (1)
degree lower.

CONTENT RELATED OFFENSES

(1) CYBERSEX. The willful engagement, maintenance,
control, or operation, directly or indirectly, of any
lascivious exhibition of sexual organs or sexual activity,
with the aid of a computer system, for favor or
consideration.
 CYBER CRIMES
(2) CHILD PORNOGRAPHY. The
unlawful or prohibited acts defined
and punishable by Republic Act No.
9775 or the Anti-Child Pornography
Act of 2009, committed through a
computer system: Provided, That the
penalty to be imposed shall be (1)
one degree higher than that provided
for in Republic Act No. 9775.
 CYBER CRIMES
(3) UNSOLICITED COMMERCIAL
COMMUNICATIONS. The transmission of
commercial electronic communication with the
use of computer system which seek to
advertise, sell, or offer for sale products and
services are prohibited unless:
(i) There is prior affirmative consent from the
recipient; or
(ii) The primary intent of the communication is
for service and/or administrative
announcements from the sender to its existing
users, subscribers or customers; or
 CYBER CRIMES
(4) LIBEL. The unlawful or prohibited acts of libel as
defined in Article 355 of the Revised Penal Code, as
amended, committed through a computer system or any
other similar means which may be devised in the future.

SEC. 5. OTHER OFFENSES. The following acts shall also

constitute an offense:
(a) AIDING OR ABETTING IN THE COMMISSION OF
CYBERCRIME. Any person who willfully abets or aids in
the commission of any of the offenses enumerated in this
Act shall be held liable.
(b) ATTEMPT IN THE COMMISSION OF CYBERCRIME.
Any person who willfully attempts to commit any of the
offenses enumerated in this Act shall be held liable.
 CYBER CRIMES
SEC. 6. All crimes defined and penalized by the
Revised Penal Code, as amended, and special laws,
if committed by, through and with the use of
information and communications technologies shall be
covered by the relevant provisions of this Act:
Provided, That the penalty to be imposed shall be one
(1) degree higher than that provided for by the
Revised Penal Code, as amended, and special laws,
as the case may be.
SEC. 7. LIABILITY UNDER ANY LAWS. A
prosecution under this Act shall be without prejudice
to any liability for violation of any provision of the
Revised Penal Code, as amended, or special laws.
CHAPTER
III
PENALTIES
 CYBER CRIMES
SEC. 8. 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 prision 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.

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.
 CYBER CRIMES
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.

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 (PhP1,000,000.00) or both.
 CYBER CRIMES
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.

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.
 CYBER CRIMES
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 (PhP100,000.00) but
not exceeding Five hundred
thousand pesos (PhP500,000.00) or
both.
 CYBER CRIMES
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
(PhP100,000.00) but not exceeding
Five hundred thousand pesos
(PhP500,000.00) or both.
 CYBER CRIMES
If the commission of any of the punishable acts
herein defined was made possible due to the lack
of supervision or control by a natural person
referred to and described in the preceding
paragraph, for the benefit of that juridical person
by a natural person acting under its authority, the
juridical person shall be held liable for a fine
equivalent to at least double the fines
imposable in Section 7 up to a maximum of
Five million pesos (PhP5,000,000.00).
The liability imposed on the juridical person shall
be without prejudice to the criminal liability of the
natural person who has committed the offense.
ENFORCEMENT
AND
IMPLEMENTATI
ON
 CYBER CRIMES
SECTION 10. LAW ENFORCEMENT
AUTHORITIES
The National Bureau of Investigation (NBI)
and the Philippine National Police (PNP)
shall be responsible for the efficient and
effective law enforcement of the
provisions of this Act. The NBI and the
PNP shall organize a cybercrime unit or
center manned by special investigators to
exclusively handle cases involving
violations of this Act.
 CYBER CRIMES
SEC. 11. DUTIES OF 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.
 CYBER CRIMES
SEC. 12. REAL TIME COLLECTION OF
TRAFFIC DATA
Law enforcement authorities, with due cause,
shall be authorized to collect or record by
technical or electronic means traffic data in real-
time associated with specified communications
transmitted by means of a computer system.
TRAFFIC DATA refer only to the communication’s origin,
destination, route, time, date, size, duration, or type of underlying
service, but not content, nor identities. All other data to be collected
or seized or disclosed will require a court warrant.
SERVICE PROVIDERS are required to cooperate and assist law
enforcement authorities in the collection or recording of the above-
stated information.
 CYBER CRIMES
The court warrant required under this section shall only
be issued or granted upon written application and the
examination under oath or affirmation of the applicant
and the witnesses he may produce and the showing:

(1) that there are reasonable grounds to believe that any

of the crimes enumerated hereinabove has been
committed, or is being committed, or is about to be
committed: (2) that there are reasonable grounds to
believe that evidence that will be obtained is essential to
the conviction of any person for, or to the solution of, or
to the prevention of, any such crimes; and (3) that there
are no other means readily available for obtaining such
evidence.
 CYBER CRIMES
SEC. 13. PRESERVATION OF COMPUTER
DATA

The integrity of traffic data and subscriber

information relating to communication services
provided by a service provider shall be
preserved for a minimum period of six (6)
months from the date of the transaction. Content
data shall be similarly preserved for six (6)
months from the date of receipt of the order
from law enforcement authorities requiring its
preservation.
 CYBER CRIMES
Law enforcement authorities may order a one-
time extension for another six (6) months:
Provided, That once computer data preserved,
transmitted or stored by a service provider is used
as evidence in a case, the mere furnishing to such
service provider of the transmittal document to the
Office of the Prosecutor shall be deemed a
notification to preserve the computer data until the
termination of the case.

The service provider ordered to preserve

computer data shall keep confidential the order
and its compliance.
 CYBER CRIMES
SEC. 14. DISCLOSURE OF COMPUTER DATA

Law enforcement authorities, upon securing a

court warrant, shall issue an order requiring any
person or service provider to disclose or submit
subscriber’s information, traffic data or relevant
data in his/its possession or control within
seventy-two (72) hours from receipt of the order in
relation to a valid complaint officially docketed and
assigned for investigation and the disclosure is
necessary and relevant for the purpose of
investigation.
 CYBER CRIMES
SEC. 15. SEARCH, SEIZURE AND
EXAMINATION OF COMPUTER
DATA
Where a search and seizure
warrant is properly issued, the
law enforcement authorities
shall likewise have the
following powers and duties.
 CYBER CRIMES
Within the time period specified in the warrant, to
conduct interception, as defined in this Act, and:

(a) To secure a computer system or a computer data

storage medium;
(b) To make and retain a copy of those computer data
secured;
(c) To maintain the integrity of the relevant stored
computer data;
(d) To conduct forensic analysis or examination of the
computer data storage medium; and
(e) To render inaccessible or remove those computer
data in the accessed computer or computer and
communications network.
 CYBER CRIMES
Pursuant thereof, the law enforcement authorities
may order any person who has knowledge about
the functioning of the computer system and the
measures to protect and preserve the computer
data therein to provide, as is reasonable, the
necessary information, to enable the undertaking of
the search, seizure and examination.
Law enforcement authorities may request for an
extension of time to complete the examination of the
computer data storage medium and to make a
return thereon but in no case for a period longer
than thirty (30) days from date of approval by the
court.
 CYBER CRIMES
SEC. 16. CUSTODY OF COMPUTER DATA
All computer data, including content and traffic data, examined
under a proper warrant shall, within forty-eight (48) hours after the
expiration of the period fixed therein, be deposited with the court in
a sealed package, and shall be accompanied by an affidavit of the
law enforcement authority executing it stating the dates and times
covered by the examination, and the law enforcement authority who
may access the deposit, among other relevant data. The law
enforcement authority shall also certify that no duplicates or copies
of the whole or any part thereof have been made, or if made, that all
such duplicates or copies are included in the package deposited
with the court. The package so deposited shall not be opened, or
the recordings replayed, or used in evidence, or then contents
revealed, except upon order of the court, which shall not be granted
except upon motion, with due notice and opportunity to be heard to
the person or persons whose conversation or communications have
been recorded.
 CYBER CRIMES
SEC. 17. DESTRUCTION COMPUTER DATA
Upon expiration of the periods as provided in
Sections 13 and 15, service providers and law
enforcement authorities, as the case may be,
shall immediately and completely destroy the
computer data subject of a preservation and
examination.

SEC. 18. EXCLUSIONARY RULE Any evidence

procured without a valid warrant or beyond the
authority of the same shall be inadmissible for
any proceeding before any court or tribunal.
 CYBER CRIMES
SEC. 19. RESTRICITNG OR BLOCKING ACCESS TO
COMPUTER DATA
When a computer data is prima facie found to be in
violation of the provisions of this Act, the DOJ shall issue
an order to restrict or block access to such computer
data.
SEC. 20. NONCOMPLIANCE Failure to comply with the
provisions of Chapter IV hereof specifically the orders
from law enforcement authorities shall be punished as a
violation of Presidential Decree 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
noncompliance with an order issued by law enforcement
authorities.
 V
JURISDICTI
ON
 CYBER CRIMES
SECTION 21. JURISDICTION The Regional Trial Court
shall have jurisdiction over any violation of the provisions
of this Act. including any violation committed by a
Filipino national regardless of the place of commission.
Jurisdiction shall lie if any of the elements was
committed within the Philippines or committed with the
use of any computer system wholly or partly situated in
the country, or when by such commission any damage is
caused to a natural or juridical person who, at the time
the offense was committed, was in the Philippines.

There shall be designated special cybercrime courts

manned by specially trained judges to handle
cybercrime cases.
INTERNATION
AL
COOPERATI
ON
 CYBER CRIMES
SECTION. 22. GENRAL 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.
COMPETEN
T
AUTHORITI
ES
 CYBER CRIMES
SECTION 23. DEPARTMENT OF JUSTICE There is
hereby created an Office of Cybercrime within the
DOJ designated as the central authority in all matters
related to international mutual assistance and
extradition.
SECTION. 24. CYBERCRIME INVESTIGATION AND
COORDINATING CNETER There is hereby created,
within thirty (30) days from the effectivity of this Act, an
inter-agency body to be known as the Cybercrime
Investigation and Coordinating Center (CICC), under
the administrative supervision of the Office of the
President, for policy coordination among concerned
agencies and for the formulation and enforcement of
the national cybersecurity plan.
 CYBER CRIMES
SECTION 25. COMPOSITION The CICC shall
be headed by the Executive Director of the
Information and Communications Technology
Office under the Department of Science and
Technology (ICTO-DOST) as Chairperson with
the Director of the NBI as Vice Chairperson; the
Chief of the PNP; Head of the DOJ Office of
Cybercrime; and one (1) representative from the
private sector and academe, as members. The
CICC shall be manned by a secretariat of
selected existing personnel and representatives
from the different participating agencies.
 CYBER CRIMES
SECTION 26. POWERS AND FUNCTIONS The CICC
shall have the following powers and functions:
(a) To formulate a national cybersecurity plan and
extend immediate assistance for the suppression of real-
time commission of cybercrime offenses through a
computer emergency response team (CERT);
(b) To coordinate the preparation of appropriate and
effective measures to prevent and suppress cybercrime
activities as provided for in this Act;
(c) To monitor cybercrime cases being bandied by
participating law enforcement and prosecution agencies;
(d) To facilitate international cooperation on intelligence,
investigations, training and capacity building related to
cybercrime prevention, suppression and prosecution;
 CYBER CRIMES
(e) To coordinate the support and participation of the
business sector, local government units and
nongovernment organizations in cybercrime prevention
programs and other
related projects;
(f) To recommend the enactment of appropriate laws,
issuances, measures and policies;
(g) To call upon any government agency to render
assistance in the accomplishment of the CICC’s
mandated tasks and functions; and
(h) To perform all other matters related to cybercrime
prevention and suppression, including capacity building
and such other functions and duties as may be
necessary for the proper implementation of this Act.
 VIII
FINAL
PROVISION
S
 CYBER CRIMES
SECTION 27. APPROPRIATIONS The
amount of Fifty million pesos
(PhP50,000,000.00) shall be appropriated
annually for the implementation of this Act.

SECTION 28. IMPLEMENTING RULES AND

REGULATIONS The ICTO-DOST, the DOJ
and the Department of the Interior and Local
Government (DILG) shall jointly formulate the
necessary rules and regulations within ninety
(90) days from approval of this Act, for its
effective implementation.
 CYBER CRIMES
SEC. 29. SEPARABILITY CLAUSE If any
provision of this Act is held invalid, the
other provisions not affected shall remain
in full force and effect.

SECTION. 30. REPEALING CLAUSE All

laws, decrees or rules inconsistent with
this Act are hereby repealed or modified
accordingly. Section 33(a) of Republic Act
No. 8792 or the “Electronic Commerce
Act” is hereby modified accordingly.
 CYBER CRIMES
SECTION 31. EFFECTIVITY This Act
shall take effect fifteen (15) days after
the completion of its publication in the
Official Gazette or in at least two (2)
newspapers of general circulation.

Approved: SEPTEMBER 12 2012

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines
 THE
END
'' TRUST IN THE LORD WITH ALL YOUR HEART
AND DO NOT LEAN ON YOUR OWN
UNDERSTANDING''
PROVERBS 3:5

THANK YOU
AND GOD BLESS
CHARYL ANNE L. PONCE, RC