Republic Act No. 10175
Chapter I – “Cybercrime Prevention Act of 2012”
The State recognizes the vital role of the information and communication industries in the overall social and economic development of the nation, such as content production, telecommunications, electronic commerce and data processing.
Protecting and safeguarding the integrity of computers, computer and communications systems, networks and databases and the confidentiality, integrity and availability of information and data stored therein against all forms of misuse, abuse and illegal access by making such conduct or conduct punishable under law. However, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation and prosecution, both domestically and internationally, and by providing for rapid and reliable international cooperation.
Republic Act No. 10175
Chapter II – “Punishable Acts”
Where committed through and with the use of information and communications technologies, all the crimes as identified and penalized by the Revised Penal Code as amended and special laws shall fall within the provisions of this Act. Provided that, under the amendment of the Revised Penal Code and special laws as the case may be, the penalty imposed must be one degree higher than that provided for by it.
Republic Act No. 10175
Chapter III – “Penalties”
Where a person is found capable of any punishing act listed in Sections 4(a) and 4(b) of the present Act, the prison mayor shall be punishable by imprisonment or a penalty of at least 200 000 pesos (PhP200,000.00) to a sum not exceeding that amount corresponding to the damages or both. Any person found guilty under section 4(a)(5) of the punishable action is liable to imprisonment of the mayor of the prison or a fine of not more than 500,000 pesos (PhP500,000.00), or both. If the penalty for the reclusion of a temporal or a penalty amount of at least 500,000 pesos (PhP500,000.00) is punishable in respect of critical infrastructure up to the maximum amount of damage caused, or both, it shall be imposed.
Any person found guilty of any act mentioned in section 4(c)(1) is punished by the imprisonment or a fine of a minimum level of two hundred thousand pesos, but not greater than one million pesos or the amount in excess of two hundred thousand pesos (Php 200,000.00). Where the penalty is imposed through computer systems, anyone found responsible of any of the penalty actions enumerated under Section 4(c)(2) of this Act, shall be punished, if any, by penalties entitled ” Anti- Child Pornography Act of 2009″ as listed in Republic Act No. 9775 or ” Anti- Child Pornography Act of 2009″: where applicable. Every person found guilty of any act listed in Section 4(c)(3) shall, without exceeding two hundred and five thousand pesos (PhP250 000,00) or of both, be punished by arrest to a detention of the Mayor or fine of not less than fifty thousand pesos.
In which a person is found to be guilty of any punishable act as listed in Section 5, one degree (1) less than or not exceeding five hundred thousand pesos (PhP500,000) of imprisonment or a fine of at least 100 000 pesos shall be punished, but not exceeding.
Republic Act No. 10175
Chapter IV – “Enforcement and Implementation”
Appropriate and effective law enforcement of the provisions of the Act is assumed by the National Bureau of Investigation (NBI) and Philippine National Police (PNP). NBI and PNP shall organize a special investigation cyber- crime unit or center purely to deal with situations involving violations of this Act.
The law enforcement authorities are authorized to collect or record, only on due occasion, in real time traffic data based on specific communications transmitted via a computer system by technical or electronic means.
The law enforcement authorities, specifically computer or technical crime departments or departments or units responsible for the investigation of cybercrimes shall report in a timely and periodic manner including preparatory operations, post- operative operations or investigations so that the technical nature of cybercrime and its prevention can be focused on and considered.
Republic Act No. 10175
Chapter V – “Jurisdiction”
Any infringement of the provisions of this Act shall be the responsibility of the Regional Trial Court. including every breach by a Philippine national irrespective of where the commission takes place. Jurisdiction is applicable where some of the elements have been or have been engaged in using a computer system wholly or partially located in the Philippines, or where damage has been done to a natural or legal person who had committed the offense at the time of the offense in the Philippines by such a commission.
Republic Act No. 10175
Chapter VI – “International Cooperation”
In order to be able as far as possible in connection with investigations or procedures concerning criminal offenses related to computer system and data or in order to collect evidence in electronic form of a criminal, all of the relevant international cooperation tools are agreed on the basis of uniform or reciprocal legal legislation and domestic legislation offenses.
Republic Act No. 10175
Chapter VII – “Competent Authorities”
Thereby, within thirty (30) days after the effectiveness of these Acts, an interagency entity is established under the administrative supervision of the Office of the President to be known as the Cybercrime Investigation and Coordinating Centre (CICC) to coordinate policies among the agencies concerned and to draft and implement the national cybersecurity plan. In all matters concerning international mutual assistance and extradition, the DOJ established a cybercrime office designated as the central authorities.
He or she shall be Chair of the Executive Director, Department of Science and Technology (ICTO-DOST), Vice Chair, Chief of the NPP, Head of DOJ Office for Cybercrime, and one (1) representative, from the private sector and academic institutions as members of the CICC, Executive Director, Information & Communications Technology Office. The selected existing staff and representatives from the various participating agencies will serve the CICC.
Republic Act No. 10175
Chapter VIII – “Final Provisions”
For effective execution, in ninety (90) days of the approval of this Act the ICTO DOST, the DOJ as well as the Department of the Interior and Local Government (DILG) shall jointly draft the necessary rules and rules. Further provisions not concerned remain in full force and effect, if any of these provisions are held invalid.
Yearly appropriation of 50 million pesos (PhP50,000,000,00) for implementing this Act shall be granted.
Freedom of Coding: He May Be a Black Hat, White Hat or a Phreaker 