1

Republic of the Philippines

Holy Child College of Davao
Opus Deo Dignum
Jacinto Campus

In partial fulfillment in Empowerment Technologies

Republic Act No. 10175

CYBERCRIME PREVENTION ACT OF 2012

Submitted by:
Hingkiangco, Prince Mark
Manliguez, Lhanz Cyril
Marapao, Allyna Jane
Miculob, Bridget Diane
Ola, Antonette
Payumo, Messiah Julia

Submitted to:
Ms. Sheryl

DECEMBER 2019

I. LAW / POLICY

S. No. 2796
H. No. 5808
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Republic of the Philippines

Congress of the Philippines
Metro Manila
Fifteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday the Twenty-fifth day of July two thousand eleven.

[ Republic Act No. 10175]

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION,

SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

CHAPTER I
PRELIMINARY PROVISIONS

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. 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. 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.

(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.

(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.
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(f) Computer program refers to a set of instructions executed by the computer to achieve

intended results.

(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.

(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.

(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.

(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.

(n) 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.

(o) Subscriber’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.

(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.
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CHAPTER II
PUNISHABLE ACTS

SEC. 4. Cybercrime 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.

(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.

(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.

(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 section.

(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:

(i) Similar, identical, or confusingly similar to an existing trademark registered with the
appropriate government agency at the time of the domain name registration:

(ii) Identical or in any way similar with the name of a person other than the registrant, in case of
a personal name; and

(iii) Acquired without right or with intellectual property interests in it.

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic
data with the intent that it be considered or acted upon for legal purposes as if it were authentic,
regardless whether or not the data is directly readable and intelligible; or
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(ii) The act of knowingly using computer data which is the product of computer-related forgery
as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.

(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.

(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.

(c) 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.

(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.

(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

(iii) The following conditions are present:

(aa) The commercial electronic communication contains a simple, valid, and reliable way for the
recipient to reject. receipt of further commercial electronic messages (opt-out) from the same
source;

(bb) The commercial electronic communication does not purposely disguise the source of the
electronic message; and

(cc) The commercial electronic communication does not purposely include misleading
information in any part of the message in order to induce the recipients to read the message.

(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.

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
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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 Other 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

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.

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.

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.

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.

SEC. 9. Corporate Liability. — When any of the punishable acts herein defined are knowingly
committed on behalf of or for the benefit of a juridical person, by a natural person acting either
individually or as part of an organ of the juridical person, who has a leading position within,
based on: (a) a power of representation of the juridical person provided the act committed falls
within the scope of such authority; (b) an authority to take decisions on behalf of the juridical
person: Provided, That the act committed falls within the scope of such authority; or (c) an
authority to exercise control within the juridical person, 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 Ten
million pesos (PhP10,000,000.00).

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.
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CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION

SEC. 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.

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.

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.

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.

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.

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.

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.
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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.

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.

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.

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.

SEC. 17. Destruction of 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.

SEC. 19. Restricting 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.

CHAPTER V
JURISDICTION
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SEC. 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.

CHAPTER VI
INTERNATIONAL COOPERATION

Sec. 22. General 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.

CHAPTER VII
COMPETENT AUTHORITIES

SEC 23. Department of Justice (DOJ). — 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.

SEC. 24. Cybercrime Investigation and Coordinating Center. — 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.

SEC. 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.

SEC. 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;

(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;
 10

(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.

CHAPTER VIII
FINAL PROVISIONS

SEC. 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000.00) shall be

appropriated annually for the implementation of this Act.

SEC. 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.

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.

SEC. 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.

SEC. 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,

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) JUAN PONCE ENRILE

Speaker of the House President of the Senate
of Representatives

This Act which is a consolidation of Senate Bill No. 2796 and House Bill No. 5808 was finally
passed by the Senate and the House of Representatives on June 5, 2012 and June 4, 2012,
respectively.

(Sgd.) MARILYN B. BARUA-YAP (Sgd.) EMMA LIRIO-REYES

Secretary General Secretary of the Senate
House of Representatives

Approved: SEP 12 2012

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines
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II. CASES / APPLICATIONS

Types of Cybercrime Penalty

Prision mayor (imprisonment of six years and

1 day up to 12 years) or  a fine of at least
Two hundred thousand pesos (P200,000) up
to a maximum amount commensurate to the
damage incurred or BOTH.————————
1. Illegal access
If committed against critical infrastructure:
Unauthorized access (without right) to a
Reclusion temporal (imprisonment for twelve
computer system or application.
years and one day up to twenty years) or a
fine of at least Five hundred thousand pesos
(P500,000) up to a maximum amount
commensurate to the damage incurred or
BOTH

2. Corporate Liability. (Section 9)

When any of the punishable acts herein
For sanctioned actions, Juridical person shall
defined are knowingly committed on behalf of
be held liable for a fine equivalent to at least
or for the benefit of a juridical person, by a
double the fines imposable in Section 7 up to
natural person acting either individually or as
a maximum of Ten million pesos
part of an organ of the juridical person, who
(P10,000,000).For neglect such as misuse of
has a leading position within, based on:(a) a
computer resources that resulted to
power of representation of the juridical person
cybercrime committed in organization
provided the act committed falls within the
physical or virtual premises or
scope of such authority;(b) an authority to
resources, juridical person shall be held liable
take decisions on behalf of the juridical
for a fine equivalent to at least double the
person. Provided, That the act committed
fines imposable in Section 7 up to a
falls within the scope of such authority; or(c)
maximum of Five million pesos
an authority to exercise control within the
(P5,000,000).Criminal liability may still apply
juridical person, It also includes commission
to the natural person.
of any of the punishable acts made possible
due to the lack of supervision or control.

3. Libel
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. Revised Penal
Code Art. 355 states Libel means by
writings or similar means. — A libel
committed by means of writing, printing,
lithography, engraving, radio, phonograph,
painting, theatrical exhibition,
Penalty to be imposed shall be one (1)
cinematographic exhibition, or any similar
degree higher than that provided for by the
means, shall be punished by prision
Revised Penal Code, as amended, and
correctional in its minimum and medium
special laws, as the case may be.
periods or a fine ranging from 200 to 6,000
pesos, or both, in addition to the civil action
which may be brought by the offended party.
The Cybercrime Prevention Act strengthened
libel in terms of penalty provisions. The
electronic counterpart of libel has been
recognized since the year 2000 when the E-
Commerce Law was passed. The E-
Commerce Law empowered all existing laws
to recognize its electronic counterpart
whether commercial or not in nature.
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III. PROS AND CONS

Advantages Disadvantages
Protects the people from Cyberbullying. Threatens freedom of speech. The
The law that has been pertained in the case obscurity of the provisions usually the cyber
of cyberbullying and also the other case that libel can affect people to be cautious online.
connected to the law its purpose is to protect The elucidation of the truth can be
the individuals or the people from slanderous slanderous, depend in a way that is treated.
claims that are supposed to charge them. On the other hand, people are
subconsciously constrained by means of the
law. There is a chance that negative
comments and criticism will used against
them. The law nonetheless inhibits by some
means for those individuals that want to
speak out even if the freedom of speech isn't
always limitless.
Deters online identity theft. Identity theft The words are vague. There is no clear
online is illegal and it causes harm to others' definition of relevant words in the law. This is
privacy and dignity online. This kind of act is problematic as it can be perceived to different
now penalized by the law cause of its degrees. Digital libel, for instance, does not
humiliating result to other people. The specify whether or not certain circumstances
government implemented a cybercrime are considered libelous. Digital libel, for
prevention act to prevent this kind of case instance, does not specify whether or not
and one of its features or advantages is certain circumstances are considered
deters online identity theft which means to libelous.
stop or prevent the occurrence of online
identity theft.
Provisions in the law punish Maintenance in the law. Maintenance of the
cybersquatters. Regulation in the law legislation on the application and
punishes cybersquatters whose regulation enforcement of cybercrime law alone would
assists in dissuading cybersquatters who own lose the Philippines P500,000,000 a year.
and abuse a certain domain (such a company Not to mention the actual enforcement of
website) and use it for unlawful and personal cybercrime legislation deals with sensitive
gain. Cybersquatters trick people into issues and must be done with fairness and
helping their own financial gain. objectivity in order to make it work.
Criminalizes cybersex criminals and child
pornographers. Offenders of these offenses
are now prosecuted in accordance with the
law. Children's rights, especially law victims,
are further protected by the law of
cybercrime.

IV. SUMMARY