A Glance at Philippine IT Laws and Policy We heavily invest on hardware and software, and to IT support personnel.
But how do we deal with persons who initiate acts that compromise our IT infrastructure? How do we deal with persons who hack our system? How about those who spread malware like the I love you virus that heavily harm computer networks in the world? How about those who invade our intellectual property right?As much as there is a need to act on street crimes, there is also a great need to act on cybercrimes. Clarence Mongado, an IT senior student from Cebu Institute of Technology, explores on IT-related laws and enactments in the Philippines. He generously shared to me some insights as his research progresses. Clarence mentions the Electronic Commerce Act of 2000 or Republic Act No. 8792 which aims to facilitate domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information through the utilization of electronic, optical and similar medium, mode, instrumentality and technology to recognize the authenticity and reliability of electronic documents related to such activities and to promote the universal use of electronic transaction in the government and general public. [ref1] Republic Act No. 8792 was enacted after the response to the global devastation of computer networks brought about by the I Love You virus suspected to have originated from the Philippines, the Philippine IT Law Journal [ref2] says. It added: the law was hailed by observers as a landmark piece of legislation that finally placed the Philippines on the map of electronic commerce. It is worthy to note that the Philippines immediately respond on the issue. However, as e-commerce and cybertechnology progress, our laws and policy must also evolve. Other related Philippine laws on Information technology are Intellectual Property Code of the Philippines ( R.A. 8293) [ref3] and Optical Media Act of 2003 (RA 9239) [ref4]. These laws safeguard the stakeholders in IT industry, thus positioning the Philippines in IT competitiveness in Asia Pacific Region and in the world as a whole. Everyone has certain responsibility in making IT industry grow. That responsibility equates with our responsibility to our environment as we heavily rely to both.
Legislation (or "statutory law") is law which has been promulgated (or "enacted") by a legislature or other governing body, or the process of making it. (Another source of law is judge-made law or case law.) Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to proscribe, to provide (funds), to sanction, to grant, to declare or to restrict. Under the Westminster system, an item of primary legislation is known as an Act of Parliament after enactment. Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage. Most large legislatures enact only a small fraction of the bills proposed in a given session.[1] Whether a given bill will be proposed and enter into force is generally a matter of the legislative priorities of government.
Legislation is regarded as one of the three main functions of government, which are often distinguished under the doctrine of the separation of powers. Those who have the formal power to createlegislation are known as legislators; a judicial branch of government will have the formal power to interpret legislation (see statutory interpretation); the executive branch of government can act only within the powers and limits set by the law.
