Comparative View Between An Law and An IRR

Republic Act No.
10175
Rules and Regulations Implementing

Republic Act No. 10175, Otherwise Known
as theCybercrime Prevention Act of 2012
Cybercrime Prevention Act of 2012

[ Republic Act No. 10175 ]
AN ACT DEFINING CYBERCRIME,
Pursuant
to
the
authority
of
the
PROVIDING FOR THE PREVENTION,
Department of Justice, Department of
INVESTIGATION, SUPPRESSION AND
Interior
and
Local
Government,
and
THE IMPOSITION OF PENALTIES
Department of Science and Technology
THEREFOR AND FOR OTHER PURPOSES
under Republic Act No. 10175, otherwise

known as the Cybercrime Prevention Act
Be it enacted by the Senate and House of
of
Representatives
regulations are hereby promulgated to
of
the
Philippines
in
Congress assembled:
2012,
the
following
rules
and
implement the provisions of said Act:
CHAPTER I
RULE 1
PRELIMINARY PROVISIONS
Preliminary Provisions
SECTION 1. Title. This Act shall be
Section 1. Title. These Rules shall be
known as the Cybercrime Prevention Act
referred to as the Implementing Rules and
of 2012.
Regulations of Republic Act No. 10175, or

the Cybercrime Prevention Act of 2012.
SEC. 2. Declaration of Policy. The State

recognizes the vital role of information
Section 2. Declaration of Policy. The
and communications industries such as
State
content production, telecommunications,
information
broadcasting electronic commerce, and
industries, such as content production,
data processing, in the nations overall
telecommunications,
social and economic development. The
electronic commerce and data processing,
State also recognizes the importance of
in the States overall social and economic
providing an environment conducive to
development.
recognizes
the
and
vital
role
of
communications
broadcasting,
the development, acceleration, and

rational application and exploitation of
The State also recognizes the importance
information and communications
of providing an environment conducive to
technology (ICT) to attain free, easy, and
the
intelligible access to exchange and/or
rational application and exploitation of
delivery of information; and the need to
information
protect and safeguard the integrity of
technology
development,
acceleration,
and
to
attain
and
communications
free,
easy,
and
computer, computer and communications
intelligible access to exchange and/or
systems, networks, and databases, and
delivery of information; and the need to
the confidentiality, integrity, and
protect and safeguard the integrity of
availability of information and data stored
computer, computer and communications
therein, from all forms of misuse, abuse,
systems, networks and databases, and
and illegal access by making punishable
the
under the law such conduct or conducts.
availability of information and data stored
In this light, the State shall adopt
therein from all forms of misuse, abuse
sufficient powers to effectively prevent
and illegal access by making punishable
and combat such offenses by facilitating
under the law such conduct or conducts.
confidentiality,
integrity,
and
their detection, investigation, and

prosecution at both the domestic and
The State shall adopt sufficient powers to
international levels, and by providing
effectively
arrangements for fast and reliable
offenses by facilitating their detection,
international cooperation.
investigation and prosecution at both the
prevent
and
combat
such
domestic and international levels, and by

SEC. 3. Definition of Terms. For
providing
arrangements
for
fast
purposes of this Act, the following terms
reliable international cooperation.
and
are hereby defined as follows:

Section 3. Definition of Terms. The
(a) Access refers to the instruction,
following terms are defined as follows:
communication with, storing data in,

retrieving data from, or otherwise making
a)
Access
refers
to
the
instruction,
use of any resources of a computer
communication with, storing data in,
system or communication network.
retrieving data from, or otherwise making

use of any resources of a computer system
(b) Alteration refers to the modification or
or communication network;
change, in form or substance, of an

existing computer data or program.
b) Act refers to Republic Act No. 10175 or

the Cybercrime Prevention Act of 2012;
(c) Communication refers to the

transmission of information through ICT
c) Alteration refers to the modification or
media, including voice, video and other
change, in form or substance, of an
forms of data.
existing computer data or program;
(d) Computer refers to an electronic,
d) Central Authority refers to the DOJ
magnetic, optical, electrochemical, or
Office of Cybercrime;
other data processing or communications
device, or grouping of such devices,
e)
Child
Pornography
refers
to
the
capable of performing logical, arithmetic,
unlawful or prohibited acts defined and
routing, or storage functions and which
punishable by Republic Act No. 9775 or
includes any storage facility or equipment
the Anti-Child Pornography Act of 2009,
or communications facility or equipment
committed through a computer system:
directly related to or operating in
Provided, that the penalty to be imposed
conjunction with such device. It covers
shall be one (1) degree higher than that
any type of computer device including
provided for in Republic Act No. 9775;
devices with data processing capabilities

like mobile phones, smart phones,
f)
Collection
refers
computer networks and other devices
receiving information;
to
gathering
and
connected to the internet.

g)
Communication
of
refers
to
information
the
(e) Computer data refers to any
transmission
representation of facts, information, or
information
concepts in a form suitable for processing
technology (ICT) media, including voice,
in a computer system including a program
video and other forms of data;
and
through
communication
suitable to cause a computer system to

perform a function and includes
h) Competent Authority refers to either
electronic documents and/or electronic
the
data messages whether stored in local
Coordinating Center or the DOJ Office
computer systems or online.
of Cybercrime, as the case may be;
(f) Computer program refers to a set of
i)
instructions executed by the computer to
magnetic,
achieve intended results.
other data processing or communications
Cybercrime
Computer
device,
Investigation
refers
optical,
or
to
an
electronic,
electrochemical,
grouping
of
and
such
or
devices,
(g) Computer system refers to any device
capable of performing logical, arithmetic,
or group of interconnected or related
routing or storage functions, and which
devices, one or more of which, pursuant
includes any storage facility or equipment
to a program, performs automated
or communications facility or equipment
processing of data. It covers any type of
directly
device with data processing capabilities
conjunction with such device. It covers
including, but not limited to, computers
any type of computer device, including
and mobile phones. The device consisting
devices with data processing capabilities
of hardware and software may include
like
input, output and storage components
computer networks and other devices
which may stand alone or be connected in
connected to the internet;
related
mobile
to
or
phones,
operating
smart
in
phones,
a network or other similar devices. It also

includes computer data storage devices or
j)
Computer
data
refers
to
any
media.
representation of facts, information, or

concepts in a form suitable for processing
(h) Without right refers to either: (i)
in
computer
conduct undertaken without or in excess
program suitable to cause a computer
of authority; or (ii) conduct not covered by
system
established legal defenses, excuses, court
includes
orders, justifications, or relevant
electronic data messages whether stored
principles under the law.
in local computer systems or online;
(i) Cyber refers to a computer or a
k) Computer program refers to a set of
computer network, the electronic medium
instructions executed by the computer to
in which online communication takes
achieve intended results;
to
system,
perform
electronic
including
function,
documents
and
and/or
place.
l) Computer system refers to any device or
(j) Critical infrastructure refers to the
group of interconnected or related devices,
computer systems, and/or networks,
one or more of which, pursuant to a
whether physical or virtual, and/or the
program, performs automated processing
computer programs, computer data
of data. It covers any type of device with
and/or traffic data so vital to this country
data processing capabilities, including,
that the incapacity or destruction of or
but not limited to, computers and mobile
interference with such system and assets
phones. The device consisting of hardware
would have a debilitating impact on
and software may include input, output
security, national or economic security,
and
national public health and safety, or any
stand alone or be connected to a network
combination of those matters.
or other similar devices. It also includes
storage
components,
which
may
computer data storage devices or media;

(k) Cybersecurity refers to the collection of
tools, policies, risk management
m)
Content
Data
refers
approaches, actions, training, best
communication
practices, assurance and technologies
communication, the meaning or purport
that can be used to protect the cyber
of the communication, or the message or
environment and organization and users
information
assets.
communication, other than traffic data.
(l) Database refers to a representation of
n) Critical infrastructure refers to the
information, knowledge, facts, concepts,
computer
content
being
systems,
conveyed
and/or
to
of
by
the
the
the
networks,
or instructions which are being prepared,
whether physical or virtual, and/or the
processed or stored or have been
computer
prepared, processed or stored in a
and/or traffic data that are so vital to this
formalized manner and which are
country that the incapacity or destruction
intended for use in a computer system.
of or interference with such system and
programs,
computer
data
assets would have a debilitating impact on

(m) Interception refers to listening to,
security, national or economic security,
recording, monitoring or surveillance of
national public health and safety, or any
the content of communications, including
combination of those matters;
procuring of the content of data, either

directly, through access and use of a
o) Cybersecurity refers to the collection of
computer system or indirectly, through
tools,
the use of electronic eavesdropping or
approaches,
tapping devices, at the same time that the
practices,
communication is occurring.
that can be used to protect the cyber
policies,
risk
actions,
assurance
management
training,
and
best
technologies
environment, and organization and users

(n) Service provider refers to:
assets;
(1) Any public or private entity that
p) National Cybersecurity Plan refers to a
provides to users of its service the ability
comprehensive plan of actions designed to
to communicate by means of a computer
improve the security and enhance cyber
system; and
resilience of infrastructures and services.

It is a top-down approach to cybersecurity
(2) Any other entity that processes or
that contains broad policy statements and
stores computer data on behalf of such
establishes a set of national objectives
communication service or users of such
and priorities that should be achieved
service.
within a specific timeframe;
(o) Subscribers information refers to any
q)
information contained in the form of
engagement,
computer data or any other form that is
operation, directly or indirectly, of any
held by a service provider, relating to
lascivious exhibition of sexual organs or
subscribers of its services other than
sexual activity, with the aid of a computer
traffic or content data and by which
system, for favor or consideration;
Cybersex
refers
to
maintenance,
the
willful
control
or
identity can be established:

r) Cyber refers to a computer or a
(1) The type of communication service
computer network, the electronic medium
used, the technical provisions taken
in which online communication takes
thereto and the period of service;
place;
(2) The subscribers identity, postal or
s) Database refers to a representation of
geographic address, telephone and other
information, knowledge, facts, concepts or
access numbers, any assigned network
instructions which are being prepared,
address, billing and payment information,
processed
or
available on the basis of the service
prepared,
processed
agreement or arrangement; and
formalized
manner,
stored,
or
or
have
been
stored
and
in
which
a
are
intended for use in a computer system;

(3) Any other available information on the
site of the installation of communication
t)
Digital
equipment, available on the basis of the
information that may be used as evidence
service agreement or arrangement.
in a case. The gathering of the digital

information
evidence
may
be
refers
to
carried
digital
out
by
(p) Traffic data or non-content data refers
confiscation of the storage media (data
to any computer data other than the
carrier), the tapping or monitoring of
content of the communication including,
network traffic, or the making of digital
but not limited to, the communications
copies (e.g., forensic images, file copies,
origin, destination, route, time, date, size,
etc.), of the data held;
duration, or type of underlying service.

u) Electronic evidence refers to evidence,
CHAPTER II
the use of which is sanctioned by existing
PUNISHABLE ACTS
rules of evidence, in ascertaining in a

judicial proceeding, the truth respecting a
SEC. 4. Cybercrime Offenses. The
matter of fact, which evidence is received,
following acts constitute the offense of
recorded, transmitted, stored, processed,
cybercrime punishable under this Act:
retrieved or produced electronically;
(a) Offenses against the confidentiality,
v) Forensics refers to the application of
integrity and availability of computer data
investigative and analytical techniques
and systems:
that conform to evidentiary standards,

and are used in, or appropriate for, a
(1) Illegal Access. The access to the
court of law or other legal context;
whole or any part of a computer system

without right.
w) Forensic image, also known as a

forensic copy, refers to an exact bit-by-bit
(2) Illegal Interception. The interception
copy of a data carrier, including slack,
made by technical means without right of
unallocated space and unused space.
any non-public transmission of computer
There are forensic tools available for
data to, from, or within a computer
making these images. Most tools produce
system including electromagnetic
information, like a hash value, to ensure
emissions from a computer system
the integrity of the image;
carrying such computer data.

x) Hash value refers to the mathematical
(3) Data Interference. The intentional or
algorithm
produced
reckless alteration, damaging, deletion or
information (a file, a physical disk or a
deterioration of computer data, electronic
logical disk) thereby creating a digital
document, or electronic data message,
fingerprint or digital DNA for that
without right, including the introduction
information. It is a one-way algorithm and
or transmission of viruses.
thus it is not possible to change digital

evidence
(4) System Interference. The intentional
against
without
digital
changing
the
corresponding hash values;
alteration or reckless hindering or

interference with the functioning of a
y) Identifying information refers to any
computer or computer network by
name or number that may be used alone
inputting, transmitting, damaging,
or
deleting, deteriorating, altering or
information
suppressing computer data or program,
individual, including any of the following:
in
conjunction
to
with
identify
any
any
other
specific
electronic document, or electronic data

message, without right or authority,
Name,
including the introduction or
number,
transmission of viruses.
identification number;
Unique
(5) Misuse of Devices.
date
of birth, drivers
passport
biometric
fingerprint
or
number
data,
other
license
or
tax
such
as
unique
physical
representation;
(i) The use, production, sale,
Unique electronic identification number,
procurement, importation, distribution, or
address or routing code; and
otherwise making available, without right,
Telecommunication
of:
information or access device.

z)
Information
identifying
and
system
communication
(aa) A device, including a computer
technology
refers
to
system
program, designed or adapted primarily
intended for, and capable of, generating,
for the purpose of committing any of the
sending, receiving, storing or otherwise
offenses under this Act; or
processing electronic data messages or

electronic documents, and includes the
(bb) A computer password, access code, or
computer system or other similar device
similar data by which the whole or any
by or in which data is recorded or stored,
part of a computer system is capable of
and
being accessed with intent that it be used
recording or storage of electronic data
for the purpose of committing any of the
message or electronic document;
any
procedures
related
to
the
offenses under this Act.

aa) Interception refers to listening to,
(ii) The possession of an item referred to
recording, monitoring or surveillance of
in paragraphs 5(i)(aa) or (bb) above with
the content of communications, including
intent to use said devices for the purpose
procurement of the content of data, either
of committing any of the offenses under
directly through access and use of a
this section.
computer system, or indirectly through

the use of electronic eavesdropping or
(6) Cyber-squatting. The acquisition of a
tapping devices, at the same time that the
domain name over the internet in bad
communication is occurring;
faith to profit, mislead, destroy

reputation, and deprive others from
bb) Internet content host refers to a
registering the same, if such a domain
person who hosts or who proposes to host
name is:
internet content in the Philippines;
(i) Similar, identical, or confusingly similar
cc) Law enforcement authorities refers to
to an existing trademark registered with
the National Bureau of Investigation (NBI)
the appropriate government agency at the
and the Philippine National Police (PNP)
time of the domain name registration:
under Section 10 of the Act;
(ii) Identical or in any way similar with the
dd) Original author refers to the person
name of a person other than the
who created or is the origin of the assailed
registrant, in case of a personal name;
electronic statement or post using a
and
computer system;
(iii) Acquired without right or with
ee) Preservation refers to the keeping of
intellectual property interests in it.
data that already exists in a stored form,

protected from anything that would cause
(b) Computer-related Offenses:
its current quality or condition to change

or deteriorate. It is the activity that keeps
(1) Computer-related Forgery.
that stored data secure and safe;
(i) The input, alteration, or deletion of any
ff) Service provider refers to:
computer data without right resulting in
inauthentic data with the intent that it be
any public or private entity that provides
considered or acted upon for legal
users of its service with the ability to
purposes as if it were authentic,
communicate by means of a computer
regardless whether or not the data is
system; and
directly readable and intelligible; or
any other entity that processes or stores

computer
data
on
behalf
of
such
(ii) The act of knowingly using computer
communication service or users of such
data which is the product of computer-
service.
related forgery as defined herein, for the
gg) Subscribers information refers to any
purpose of perpetuating a fraudulent or
information contained in the form of
dishonest design.
computer data or any other form that is

held by a service provider, relating to
(2) Computer-related Fraud. The
subscribers of its services, other than
unauthorized input, alteration, or deletion
traffic or content data, and by which any
of computer data or program or
of the following can be established:
interference in the functioning of a

computer system, causing damage
The type of communication service used,
thereby with fraudulent intent: Provided,
the technical provisions taken thereto and
That if no
the period of service;
damage has yet been caused, the penalty
The
imposable shall be one (1) degree lower.
geographic address, telephone and other
subscribers
identity,
postal
or
access number, any assigned network

(3) Computer-related Identity Theft. The
address, billing and payment information
intentional acquisition, use, misuse,
that are available on the basis of the
transfer, possession, alteration or deletion
service agreement or arrangement; or
of identifying information belonging to

another, whether natural or juridical,
Any other available information on the
without right: Provided, That if no damage
site of the installation of communication
has yet been caused, the penalty
equipment that is available on the basis of
the service agreement or arrangement.
(c) Content-related Offenses:
hh) Traffic Data or Non-Content Data

refers to any computer data other than
(1) Cybersex. The willful engagement,
the
content
of
maintenance, control, or operation,
including,
directly or indirectly, of any lascivious
communications
exhibition of sexual organs or sexual
route, time, date, size, duration, or type of
but
the
not
communication,
limited
origin,
to
the
destination,
activity, with the aid of a computer
underlying service; and
system, for favor or consideration.

ii) Without Right refers to either: (i)
(2) Child Pornography. The unlawful or
conduct undertaken without or in excess
prohibited acts defined and punishable by
of authority; or (ii) conduct not covered by
Republic Act No. 9775 or the Anti-Child
established legal defenses, excuses, court
Pornography Act of 2009, committed
orders, justifications or relevant principles
through a computer system: Provided,
under the law.
That the penalty to be imposed shall be

(1) one degree higher than that provided
RULE 2
for in Republic Act No. 9775.
Punishable Acts and Penalties
(3) Unsolicited Commercial
Cybercrimes
Communications. The transmission of

commercial electronic communication
Section 4. Cybercrime Offenses. The
with the use of computer system which
following acts constitute the offense of
seek to advertise, sell, or offer for sale
core cybercrime punishable under the
products and services are prohibited
Act:
unless:
A. Offenses against the confidentiality,
(i) There is prior affirmative consent from
integrity and availability of computer data
the recipient; or
and systems shall be punished with

imprisonment of prision mayor or a fine of
(ii) The primary intent of the
at least Two Hundred Thousand Pesos
communication is for service and/or
(P200,000.00) up to a maximum amount
administrative announcements from the
commensurate to the damage incurred, or
sender to its existing users, subscribers
both, except with respect to number 5
or customers; or
herein:
(iii) The following conditions are present:
Illegal Access The access to the whole or

any part of a computer system without
(aa) The commercial electronic
right.
communication contains a simple, valid,
Illegal Interception The interception
and reliable way for the recipient to reject.
made by technical means and without
receipt of further commercial electronic
right, of any non-public transmission of
messages (opt-out) from the same source;
computer data to, from, or within a

computer system, including
(bb) The commercial electronic
electromagnetic emissions from a
communication does not purposely
computer system carrying such computer
disguise the source of the electronic
data: Provided, however, That it shall not
message; and
be unlawful for an officer, employee, or

agent of a service provider, whose facilities
(cc) The commercial electronic
are used in the transmission of
communication does not purposely
communications, to intercept, disclose or
include misleading information in any
use that communication in the normal
part of the message in order to induce the
course of employment, while engaged in
recipients to read the message.
any activity that is necessary to the

rendition of service or to the protection of
(4) Libel. The unlawful or prohibited
the rights or property of the service
acts of libel as defined in Article 355 of
provider, except that the latter shall not
the Revised Penal Code, as amended,
utilize service observing or random
committed through a computer system or
monitoring other than for purposes of
any other similar means which may be
mechanical or service control quality
devised in the future.
checks.
Data Interference The intentional or
SEC. 5. Other Offenses. The following
reckless alteration, damaging, deletion or
acts shall also constitute an offense:
deterioration of computer data, electronic

document or electronic data message,
(a) Aiding or Abetting in the Commission
without right, including the introduction
of Cybercrime. Any person who willfully
or transmission of viruses.
abets or aids in the commission of any of
System Interference The intentional
the offenses enumerated in this Act shall
alteration, or reckless hindering or
be held liable.
interference with the functioning of a

computer or computer network by
(b) Attempt in the Commission of
inputting, transmitting, damaging,
Cybercrime. Any person who willfully
deleting, deteriorating, altering or
attempts to commit any of the offenses
suppressing computer data or program,
enumerated in this Act shall be held
electronic document or electronic data
liable.
message, without right or authority,

including the introduction or
SEC. 6. All crimes defined and penalized
transmission of viruses.
by the Revised Penal Code, as amended,
Misuse of Devices, which shall be
and special laws, if committed by, through
punished with imprisonment of prision
and with the use of information and
mayor, or a fine of not more than Five
communications technologies shall be
Hundred Thousand Pesos (P500,000.00),
covered by the relevant provisions of this
or both, is committed through any of the
Act: Provided, That the penalty to be
following acts:
imposed shall be one (1) degree higher
a. The use, production, sale,
than that provided for by the Revised
procurement, importation, distribution or
Penal Code, as amended, and special
otherwise making available, intentionally
laws, as the case may be.
and without right, of any of the following:
SEC. 7. Liability under Other Laws. A
i. A device, including a computer program,
prosecution under this Act shall be
designed or adapted primarily for the
without prejudice to any liability for
purpose of committing any of the offenses
violation of any provision of the Revised
under this rules; or
Penal Code, as amended, or special laws.

ii. A computer password, access code, or
CHAPTER III
similar data by which the whole or any
PENALTIES
part of a computer system is capable of

being accessed with the intent that it be
SEC. 8. Penalties. Any person found
used for the purpose of committing any of
guilty of any of the punishable acts
the offenses under this rules.
enumerated in Sections 4(a) and 4(b) of

this Act shall be punished with
b. The possession of an item referred to in
subparagraphs 5(a)(i) or (ii) above, with
at least Two hundred thousand pesos
the intent to use said devices for the
(PhP200,000.00) up to a maximum
purpose of committing any of the offenses
amount commensurate to the damage
under this section.
incurred or both.
Provided, That no criminal liability shall
Any person found guilty of the punishable
attach when the use, production, sale,
act under Section 4(a)(5) shall be
procurement, importation, distribution,
otherwise making available, or possession
mayor or a fine of not more than Five
of computer devices or data referred to in
hundred thousand pesos (PhP500,000.00)
this section is for the authorized testing of
or both.
a computer system.
If punishable acts in Section 4(a) are
If any of the punishable acts enumerated
committed against critical infrastructure,
in Section 4(A) is committed against
the penalty of reclusion temporal or a fine
critical infrastructure, the penalty of
of at least Five hundred thousand pesos
reclusion temporal, or a fine of at least
(PhP500,000.00) up to maximum amount
Five Hundred Thousand Pesos
commensurate to the damage incurred or
(P500,000.00) up to maximum amount
both, shall be imposed.

both shall be imposed.
Any person found guilty of any of the

punishable acts enumerated in Section
B. Computer-related Offenses, which shall
4(c)(1) of this Act shall be punished with
be punished with imprisonment of prision
mayor, or a fine of at least Two Hundred
at least Two hundred thousand pesos
Thousand Pesos (P200,000.00) up to a
(PhP200,000.00) but not exceeding One
maximum amount commensurate to the
million pesos (PhP1,000,000.00) or both.
damage incurred, or both, are as follows:
1. Computer-related Forgery

4(c)(2) of this Act shall be punished with
a. The input, alteration or deletion of any
the penalties as enumerated in Republic
computer data without right, resulting in
Act No. 9775 or the Anti-Child
inauthentic data, with the intent that it
Pornography Act of 2009: Provided, That
be considered or acted upon for legal
the penalty to be imposed shall be one (1)
purposes as if it were authentic,
degree higher than that provided for in
regardless whether or not the data is
Republic Act No. 9775, if committed
directly readable and intelligible; or
through a computer system.

b. The act of knowingly using computer
data, which is the product of computer-
related forgery as defined herein, for the
4(c)(3) shall be punished with
purpose of perpetuating a fraudulent or
imprisonment of arresto mayor or a fine of
dishonest design.
at least Fifty thousand pesos

(PhP50,000.00) but not exceeding Two
2. Computer-related Fraud The
hundred fifty thousand pesos
unauthorized Input, alteration or
(PhP250,000.00) or both.
deletion of computer data or program, or

interference in the functioning of a
computer system, causing damage
punishable acts enumerated in Section 5
thereby with fraudulent intent: Provided,
shall be punished with imprisonment one
That if no damage has yet been caused,
(1) degree lower than that of the
the penalty imposable shall be one (1)
prescribed penalty for the offense or a fine
degree lower.
of at least One hundred thousand pesos

(PhP100,000.00) but not exceeding Five
3. Computer-related Identity Theft The
hundred thousand pesos (PhP500,000.00)
intentional acquisition, use, misuse,
or both.
transfer, possession, alteration or deletion

of identifying information belonging to
SEC. 9. Corporate Liability. When any
another, whether natural or juridical,
of the punishable acts herein defined are
without right: Provided, That if no damage
knowingly committed on behalf of or for
has yet been caused, the penalty
the benefit of a juridical person, by a
natural person acting either individually

or as part of an organ of the juridical
C. Content-related Offenses:
person, who has a leading position within,

based on: (a) a power of representation of
1. Any person found guilty of Child
the juridical person provided the act
Pornography shall be punished in
committed falls within the scope of such
accordance with the penalties set forth in
authority; (b) an authority to take
Republic Act No. 9775 or the Anti-Child
decisions on behalf of the juridical
Pornography Act of 2009: Provided, That
person: Provided, That the act committed
the penalty to be imposed shall be one (1)
falls within the scope of such authority;
degree higher than that provided for in
or (c) an authority to exercise control
Republic Act No. 9775 if committed
within the juridical person, the juridical
through a computer system.
person shall be held liable for a fine

equivalent to at least double the fines
Section 5. Other Cybercrimes. The
imposable in Section 7 up to a maximum
following constitute other cybercrime
of Ten million pesos (PhP10,000,000.00).
offenses punishable under the Act:
If the commission of any of the
1. Cyber-squatting The acquisition of a
punishable acts herein defined was made
domain name over the internet, in bad
possible due to the lack of supervision or
faith, in order to profit, mislead, destroy
control by a natural person referred to
reputation, and deprive others from
and described in the preceding
registering the same, if such a domain
paragraph, for the benefit of that juridical
name is:
person by a natural person acting under

its authority, the juridical person shall be
Similar, identical, or confusingly similar
held liable for a fine equivalent to at least
to an existing trademark registered with
double the fines imposable in Section 7
the appropriate government agency at the
up to a maximum of Five million pesos
time of the domain name registration;
(PhP5,000,000.00).
Identical or in any way similar with the

name of a person other than the
The liability imposed on the juridical
registrant, in case of a personal name;
person shall be without prejudice to the
and
criminal liability of the natural person
Acquired without right or with intellectual
who has committed the offense.
property interests in it.

Cyber-squatting shall be punished with
CHAPTER IV
imprisonment of prision mayor, or a fine
ENFORCEMENT AND IMPLEMENTATION
of at least Two Hundred Thousand Pesos

(P200,000.00) up to a maximum amount
SEC. 10. Law Enforcement Authorities.
The National Bureau of Investigation (NBI)
both: Provided, That if it is committed
against critical infrastructure, the penalty
shall be responsible for the efficient and
of reclusion temporal, or a fine of at least
effective law enforcement of the provisions
of this Act. The NBI and the PNP shall
(P500,000.00) up to maximum amount
organize a cybercrime unit or center
manned by special investigators to
both shall be imposed.
exclusively handle cases involving

violations of this Act.
2. Cybersex The willful engagement,

maintenance, control or operation,
SEC. 11. Duties of Law Enforcement
directly or indirectly, of any lascivious
Authorities. To ensure that the
exhibition of sexual organs or sexual
technical nature of cybercrime and its
activity, with the aid of a computer
prevention is given focus and considering
system, for favor or consideration. Any
the procedures involved for international
person found guilty cybersex shall be
cooperation, law enforcement authorities
specifically the computer or technology
mayor, or a fine of at least Two Hundred
crime divisions or units responsible for
Thousand Pesos (P200,000.00), but not
the investigation of cybercrimes are
exceeding One Million Pesos
required to submit timely and regular
(P1,000,000.00), or both.
reports including pre-operation, postoperation and investigation results and
Cybersex involving a child shall be
such other documents as may be required
punished in accordance with the
to the Department of Justice (DOJ) for
provision on child pornography of the Act.
review and monitoring.

Where the maintenance, control, or
SEC. 12. Real-Time Collection of Traffic
operation of cybersex likewise constitutes
Data. Law enforcement authorities,
an offense punishable under Republic Act
with due cause, shall be authorized to
No. 9208, as amended, a prosecution
collect or record by technical or electronic
under the Act shall be without prejudice
means traffic data in real-time associated
to any liability for violation of any
with specified communications
provision of the Revised Penal Code, as
transmitted by means of a computer
amended, or special laws, including R.A.
system.
No. 9208, consistent with Section 8

hereof.
Traffic data refer only to the

communications origin, destination,
3. Libel The unlawful or prohibited acts
route, time, date, size, duration, or type of
of libel, as defined in Article 355 of the
underlying service, but not content, nor
Revised Penal Code, as amended,
identities.
committed through a computer system or

any other similar means which may be
All other data to be collected or seized or
devised in the future shall be punished
disclosed will require a court warrant.
with prision correccional in its maximum

period to prision mayor in its minimum
Service providers are required to
period or a fine ranging from Six
cooperate and assist law enforcement
Thousand Pesos (P6,000.00) up to the
authorities in the collection or recording
maximum amount determined by Court,
of the above-stated information.
or both, in addition to the civil action

which may be brought by the offended
The court warrant required under this
party: Provided, That this provision
section shall only be issued or granted
applies only to the original author of the
upon written application and the
post or online libel, and not to others who
examination under oath or affirmation of
simply receive the post and react to it.
the applicant and the witnesses he may

produce and the showing: (1) that there
4. Other offenses The following acts
are reasonable grounds to believe that any
shall also constitute an offense which
of the crimes enumerated hereinabove
shall be punished with imprisonment of
has been committed, or is being
one (1) degree lower than that of the
committed, or is about to be committed:
prescribed penalty for the offense, or a
(2) that there are reasonable grounds to
fine of at least One Hundred Thousand
believe that evidence that will be obtained
Pesos (P100,000.00) but not exceeding
is essential to the conviction of any
person for, or to the solution of, or to the
(P500,000.00), or both:
prevention of, any such crimes; and (3)

that there are no other means readily
Aiding or Abetting in the Commission of
available for obtaining such evidence.
Cybercrime. Any person who willfully

abets, aids, or financially benefits in the
SEC. 13. Preservation of Computer Data.
commission of any of the offenses
The integrity of traffic data and
enumerated in the Act shall be held liable,
subscriber information relating to
except with respect to Sections 4(c)(2) on
communication services provided by a
Child Pornography and 4(c)(4) on online
service provider shall be preserved for a
Libel.
minimum period of six (6) months from
Attempt to Commit Cybercrime. Any
the date of the transaction. Content data
person who willfully attempts to commit
shall be similarly preserved for six (6)
any of the offenses enumerated in the Act
months from the date of receipt of the
shall be held liable, except with respect to
order from law enforcement authorities
Sections 4(c)(2) on Child Pornography and
requiring its preservation.
4(c)(4) on online Libel.

Other Liabilities and Penalties
Law enforcement authorities may order a

one-time extension for another six (6)
Section 6. Corporate Liability. When any
months: Provided, That once computer
of the punishable acts herein defined are
data preserved, transmitted or stored by a
knowingly committed on behalf of or for
service provider is used as evidence in a
the benefit of a juridical person, by a
case, the mere furnishing to such service
natural person acting either individually
provider of the transmittal document to
or as part of an organ of the juridical
the Office of the Prosecutor shall be
person, who has a leading position within,
deemed a notification to preserve the
based on: (a) a power of representation of
computer data until the termination of
the juridical person; (b) an authority to
the case.
take decisions on behalf of the juridical

person; or (c) an authority to exercise
The service provider ordered to preserve
control within the juridical person, the
computer data shall keep confidential the
juridical person shall be held liable for a
order and its compliance.
fine equivalent to at least double the fines

imposable in Section 7 up to a maximum
SEC. 14. Disclosure of Computer Data.
of Ten Million Pesos (P10,000,000.00).
Law enforcement authorities, upon

securing a court warrant, shall issue an
If the commission of any of the
order requiring any person or service
punishable acts herein defined was made
provider to disclose or submit
possible due to the lack of supervision or
subscribers information, traffic data or
control by a natural person referred to
relevant data in his/its possession or
and described in the preceding
control within seventy-two (72) hours
paragraph, for the benefit of that juridical
from receipt of the order in relation to a
person by a natural person acting under
valid complaint officially docketed and
its authority, the juridical person shall be
assigned for investigation and the
held liable for a fine equivalent to at least
disclosure is necessary and relevant for
double the fines imposable in Section 7
the purpose of investigation.
up to a maximum of Five Million Pesos

(P5,000,000.00).
SEC. 15. Search, Seizure and

Examination of Computer Data. Where
The liability imposed on the juridical
a search and seizure warrant is properly
person shall be without prejudice to the
issued, the law enforcement authorities
criminal liability of the natural person
shall likewise have the following powers
who has committed the offense.
and duties.
Section 7. Violation of the Revised Penal
Within the time period specified in the
Code, as Amended, Through and With the
warrant, to conduct interception, as
Use of Information and Communication
defined in this Act, and:
Technology. All crimes defined and

penalized by the Revised Penal Code, as
(a) To secure a computer system or a
amended, and special criminal laws
computer data storage medium;
committed by, through and with the use

of information and communications
(b) To make and retain a copy of those
technologies shall be covered by the
computer data secured;
relevant provisions of the Act: Provided,

That the penalty to be imposed shall be
(c) To maintain the integrity of the
one (1) degree higher than that provided
relevant stored computer data;
for by the Revised Penal Code, as

amended, and special laws, as the case
(d) To conduct forensic analysis or
may be.
examination of the computer data storage

medium; and
Section 8. Liability under Other Laws. A

prosecution under the Act shall be
(e) To render inaccessible or remove those
without prejudice to any liability for
computer data in the accessed computer
violation of any provision of the Revised
or computer and communications
Penal Code, as amended, or special laws:
network.
Provided, That this provision shall not

apply to the prosecution of an offender
Pursuant thereof, the law enforcement
under (1) both Section 4(c)(4) of R.A.
authorities may order any person who has
10175 and Article 353 of the Revised
knowledge about the functioning of the
Penal Code; and (2) both Section 4(c)(2) of
computer system and the measures to
R.A. 10175 and R.A. 9775 or the Anti-
protect and preserve the computer data
Child Pornography Act of 2009.
therein to provide, as is reasonable, the

necessary information, to enable the
RULE 3
undertaking of the search, seizure and
Enforcement and Implementation
examination.
Section 9. Law Enforcement Authorities.
Law enforcement authorities may request
The National Bureau of Investigation (NBI)
for an extension of time to complete the
examination of the computer data storage
shall be responsible for the efficient and
medium and to make a return thereon
effective law enforcement of the provisions
but in no case for a period longer than
of the Act. The NBI and the PNP shall
thirty (30) days from date of approval by
organize a cybercrime division or unit to
the court.
be manned by Special Investigators to

exclusively handle cases involving
SEC. 16. Custody of Computer Data.
violations of the Act.
All computer data, including content and

traffic data, examined under a proper
The NBI shall create a cybercrime division
warrant shall, within forty-eight (48)
to be headed by at least a Head Agent.
hours after the expiration of the period
The PNP shall create an anti-cybercrime
fixed therein, be deposited with the court
unit headed by at least a Police Director.
in a sealed package, and shall be

accompanied by an affidavit of the law
The DOJ Office of Cybercrime (OOC)
enforcement authority executing it stating
created under the Act shall coordinate the
the dates and times covered by the
efforts of the NBI and the PNP in
examination, and the law enforcement
enforcing the provisions of the Act.
authority who may access the deposit,

among other relevant data. The law
Section 10. Powers and Functions of Law
enforcement authority shall also certify
Enforcement Authorities. The NBI and
that no duplicates or copies of the whole
PNP cybercrime unit or division shall have
or any part thereof have been made, or if
the following powers and functions:
made, that all such duplicates or copies

are included in the package deposited
Investigate all cybercrimes where
with the court. The package so deposited
computer systems are involved;
shall not be opened, or the recordings
Conduct data recovery and forensic
replayed, or used in evidence, or then
analysis on computer systems and other
contents revealed, except upon order of
electronic evidence seized;
the court, which shall not be granted
Formulate guidelines in investigation,
except upon motion, with due notice and
forensic evidence recovery, and forensic
opportunity to be heard to the person or
data analysis consistent with industry
persons whose conversation or
standard practices;
communications have been recorded.
Provide technological support to
investigating units within the PNP and

SEC. 17. Destruction of Computer Data.
NBI including the search, seizure,
Upon expiration of the periods as
evidence preservation and forensic
provided in Sections 13 and 15, service
recovery of data from crime scenes and
providers and law enforcement
systems used in crimes, and provide
authorities, as the case may be, shall
testimonies;
immediately and completely destroy the
Develop public, private sector, and law
computer data subject of a preservation
enforcement agency relations in
and examination.
addressing cybercrimes;
Maintain necessary and relevant
SEC. 18. Exclusionary Rule. Any
databases for statistical and/or
evidence procured without a valid warrant
monitoring purposes;
or beyond the authority of the same shall
Develop capacity within their
be inadmissible for any proceeding before
organizations in order to perform such
any court or tribunal.
duties necessary for the enforcement of

the Act;
SEC. 19. Restricting or Blocking Access to
Support the formulation and enforcement
Computer Data. When a computer data
of the national cybersecurity plan; and
is prima facie found to be in violation of
Perform other functions as may be
the provisions of this Act, the DOJ shall
required by the Act.
issue an order to restrict or block access
Section 11. Duties of Law Enforcement
to such computer data.
Authorities. To ensure that the technical

nature of cybercrime and its prevention is
SEC. 20. Noncompliance. Failure to
given focus, and considering the
comply with the provisions of Chapter IV
procedures involved for international
hereof specifically the orders from law
cooperation, law enforcement authorities,
enforcement authorities shall be punished
specifically the computer or technology
as a violation of Presidential Decree No.
crime divisions or units responsible for
1829 with imprisonment of prision
the investigation of cybercrimes, are
correctional in its maximum period or a
required to submit timely and regular
fine of One hundred thousand pesos
reports including pre-operation, post-
(Php100,000.00) or both, for each and
operation and investigation results, and
every noncompliance with an order issued
such other documents as may be required
by law enforcement authorities.
to the Department of Justice (DOJ)

Office of Cybercrime for review and
CHAPTER V
monitoring.
JURISDICTION
Law enforcement authorities shall act in
SEC. 21. Jurisdiction. The Regional
accordance with the guidelines, advisories
Trial Court shall have jurisdiction over
and procedures issued and promulgated
any violation of the provisions of this Act.
by the competent authority in all matters
including any violation committed by a
related to cybercrime, and utilize the
Filipino national regardless of the place of
prescribed forms and templates,
commission. Jurisdiction shall lie if any of
including, but not limited to, preservation
the elements was committed within the
orders, chain of custody, consent to
Philippines or committed with the use of
search, consent to assume
any computer system wholly or partly
account/online identity and request for
situated in the country, or when by such
computer forensic examination.
commission any damage is caused to a

natural or juridical person who, at the
Section 12. Preservation and Retention of
time the offense was committed, was in
Computer Data. The integrity of traffic
the Philippines.
data and subscriber information shall be

kept, retained and preserved by a service
There shall be designated special
provider for a minimum period of six (6)
cybercrime courts manned by specially
months from the date of the transaction.
trained judges to handle cybercrime
Content data shall be similarly preserved
cases.
for six (6) months from the date of receipt

of the order from law enforcement
CHAPTER VI
authorities requiring its preservation.
INTERNATIONAL COOPERATION
Law enforcement authorities may order a
Sec. 22. General Principles Relating to
one-time extension for another six (6)
International Cooperation All relevant
months: Provided, That once computer
international instruments on
data that is preserved, transmitted or
international cooperation in criminal
stored by a service provider is used as
matters, arrangements agreed on the
evidence in a case, the mere act of
basis of uniform or reciprocal legislation,
furnishing such service provider with a
and domestic laws, to the widest extent
copy of the transmittal document to the
possible for the purposes of investigations
Office of the Prosecutor shall be deemed a
or proceedings concerning criminal
notification to preserve the computer data
offenses related to computer systems and
until the final termination of the case
data, or for the collection of evidence in
and/or as ordered by the Court, as the
electronic form of a criminal, offense shall
case may be.
be given full force and effect.

The service provider ordered to preserve
CHAPTER VII
computer data shall keep the order and
COMPETENT AUTHORITIES
its compliance therewith confidential.
SEC 23. Department of Justice (DOJ).
Section 13. Collection of Computer Data.
There is hereby created an Office of
Law enforcement authorities, upon the
Cybercrime within the DOJ designated as
issuance of a court warrant, shall be
the central authority in all matters related
authorized to collect or record by
to international mutual assistance and
technical or electronic means, and the
extradition.
service providers are required to collect or

record by technical or electronic means
SEC. 24. Cybercrime Investigation and
and/or to cooperate and assist in the
Coordinating Center. There is hereby
collection or recording of computer data
created, within thirty (30) days from the
that are associated with specified
effectivity of this Act, an inter-agency
communications transmitted by means of
body to be known as the Cybercrime
a computer system.
Investigation and Coordinating Center

(CICC), under the administrative
The court warrant required under this
supervision of the Office of the President,
section shall be issued or granted upon
for policy coordination among concerned
written application, after the examination
agencies and for the formulation and
under oath or affirmation of the applicant
enforcement of the national cybersecurity
and the witnesses he may produce, and
plan.
the showing that: (1) there are reasonable

grounds to believe that any of the crimes
SEC. 25. Composition. The CICC shall
enumerated hereinabove has been
be headed by the Executive Director of the
committed, is being committed or is about
Information and Communications
to be committed; (2) there are reasonable
Technology Office under the Department
grounds to believe that the evidence that
of Science and Technology (ICTO-DOST)
will be obtained is essential to the
as Chairperson with the Director of the
conviction of any person for, or to the
NBI as Vice Chairperson; the Chief of the
solution of, or to the prevention of any
PNP; Head of the DOJ Office of
such crimes; and (3) there are no other
Cybercrime; and one (1) representative
means readily available for obtaining such
from the private sector and academe, as
evidence.
members. The CICC shall be manned by a

secretariat of selected existing personnel
Section 14. Disclosure of Computer Data.
and representatives from the different
Law enforcement authorities, upon
participating agencies.
securing a court warrant, shall issue an

order requiring any person or service
SEC. 26. Powers and Functions. The
provider to disclose or submit, within
CICC shall have the following powers and
seventy-two (72) hours from receipt of
functions:
such order, subscribers information,

traffic data or relevant data in his/its
(a) To formulate a national cybersecurity
possession or control, in relation to a
plan and extend immediate assistance for
valid complaint officially docketed and
the suppression of real-time commission
assigned for investigation by law
of cybercrime offenses through a
enforcement authorities, and the
computer emergency response team
disclosure of which is necessary and
(CERT);
relevant for the purpose of investigation.
(b) To coordinate the preparation of
Law enforcement authorities shall record
appropriate and effective measures to
all sworn complaints in their official
prevent and suppress cybercrime
docketing system for investigation.
activities as provided for in this Act;

Section 15. Search, Seizure and
(c) To monitor cybercrime cases being
Examination of Computer Data. Where a
bandied by participating law enforcement
search and seizure warrant is properly
and prosecution agencies;
issued, the law enforcement authorities

shall likewise have the following powers
(d) To facilitate international cooperation
and duties:
on intelligence, investigations, training

and capacity building related to
a. Within the time period specified in the
cybercrime prevention, suppression and
warrant, to conduct interception, as
prosecution;
defined in this Rules, and to:
(e) To coordinate the support and
Search and seize computer data;
participation of the business sector, local
Secure a computer system or a computer
government units and nongovernment
data storage medium;
organizations in cybercrime prevention
Make and retain a copy of those computer
programs and other
data secured;
Maintain the integrity of the relevant
related projects;
stored computer data;

Conduct forensic analysis or examination
(f) To recommend the enactment of
of the computer data storage medium;
appropriate laws, issuances, measures
and
and policies;
Render inaccessible or remove those

computer data in the accessed computer
(g) To call upon any government agency to
or computer and communications
render assistance in the accomplishment
network.
of the CICCs mandated tasks and
b. Pursuant thereto, the law enforcement
functions; and
authorities may order any person, who

has knowledge about the functioning of
(h) To perform all other matters related to
the computer system and the measures to
cybercrime prevention and suppression,
protect and preserve the computer data
including capacity building and such
therein, to provide, as is reasonable, the
other functions and duties as may be
necessary information to enable the
necessary for the proper implementation
undertaking of the search, seizure and
of this Act.
examination.
CHAPTER VIII
c. Law enforcement authorities may
FINAL PROVISIONS
request for an extension of time to

complete the examination of the computer
SEC. 27. Appropriations. The amount
data storage medium and to make a
of Fifty million pesos (PhP50,000,000.00)
return thereon, but in no case for a period
shall be appropriated annually for the
longer than thirty (30) days from date of
implementation of this Act.
approval by the court.
SEC. 28. Implementing Rules and
Section 16. Custody of Computer Data.
Regulations. The ICTO-DOST, the DOJ
All computer data, including content and
and the Department of the Interior and
traffic data, that are examined under a
Local Government (DILG) shall jointly
proper warrant shall, within forty-eight
formulate the necessary rules and
(48) hours after the expiration of the
regulations within ninety (90) days from
period fixed therein, be deposited with the
approval of this Act, for its effective
court in a sealed package, and shall be
implementation.
accompanied by an affidavit of the law

enforcement authority executing it,
SEC. 29. Separability Clause If any
stating the dates and times covered by the
provision of this Act is held invalid, the
examination, and the law enforcement
other provisions not affected shall remain
authority who may have access to the
in full force and effect.
deposit, among other relevant data. The

law enforcement authority shall also
SEC. 30. Repealing Clause. All laws,
certify that no duplicates or copies of the
decrees or rules inconsistent with this Act
whole or any part thereof have been made
are hereby repealed or modified
or, if made, that all such duplicates or
accordingly. Section 33(a) of Republic Act
copies are included in the package
No. 8792 or the Electronic Commerce
deposited with the court. The package so
Act is hereby modified accordingly.
deposited shall not be opened, or the

recordings replayed, or used in evidence,
SEC. 31. Effectivity. This Act shall take
or their contents revealed, except upon
effect fifteen (15) days after the
order of the court, which shall not be
completion of its publication in the
granted except upon motion, with due
Official Gazette or in at least two (2)
notice and opportunity to be heard to the
newspapers of general circulation.
person or persons whose conversation or

communications have been recorded.
Approved,
Section 17. Destruction of Computer
(Sgd.) FELICIANO BELMONTE JR.
Data. Upon expiration of the periods as
Speaker of the House
provided in Sections 12 and 15 hereof, or
of Representatives

(Sgd.) JUAN PONCE ENRILE
case may be, service providers and law
President of the Senate
enforcement authorities, as the case may

be, shall immediately and completely
This Act which is a consolidation of
destroy the computer data that are the
Senate Bill No. 2796 and House Bill No.
subject of a preservation and examination
5808 was finally passed by the Senate
order or warrant.
and the House of Representatives on June

5, 2012 and June 4, 2012, respectively.
Section 18. Exclusionary Rule. Any

evidence obtained without a valid warrant
(Sgd.) MARILYN B. BARUA-YAP
or beyond the authority of the same shall
Secretary General
be inadmissible for any proceeding before
House of Representatives
any court or tribunal.
(Sgd.) EMMA LIRIO-REYES
The Rules of Court shall have suppletory
Secretary of the Senate
application in implementing the Act.

Section 19. Non-compliance. Failure to
Approved: SEP 12 2012

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines
comply with the provisions of Chapter IV

of the Act, and Rules 7 and 8 of Chapter
VII hereof, specifically the orders from law
enforcement authorities, shall be
punished as a violation of Presidential
Order No. 1829 (entitled Penalizing
Obstruction Of Apprehension And
Prosecution Of Criminal Offenders) with

imprisonment of prision correccional in
its maximum period, or a fine of One
Hundred Thousand Pesos (P100,000.00),
or both for each and every noncompliance
with an order issued by law enforcement
authorities.
Section 20. Extent of Liability of a Service
Provider. Except as otherwise provided
in this Section, no person or party shall
be subject to any civil or criminal liability
in respect of a computer data for which
the person or party acting as a service
provider merely provides access if such
liability is founded on:
a. The obligations and liabilities of the
parties under a computer data;
b. The making, publication, dissemination
or distribution of such computer data or
any statement made in such computer
data, including possible infringement of
any right subsisting in or in relation to
such computer data: Provided, That:
The service provider does not have actual
knowledge, or is not aware of the facts or
circumstances from which it is apparent,
that the making, publication,
dissemination or distribution of such
material is unlawful or infringes any
rights subsisting in or in relation to such
material;
The service provider does not knowingly
receive a financial benefit directly
attributable to the unlawful or infringing
activity; and
The service provider does not directly
commit any infringement or other
unlawful act, does not induce or cause
another person or party to commit any
infringement or other unlawful act,
and/or does not directly benefit
financially from the infringing activity or
unlawful act of another person or party:
Provided, further, That nothing in this
Section shall affect:
i. Any obligation arising from contract;
ii. The obligation of a service provider as
such under a licensing or other regulatory
regime established under law;
iii. Any obligation imposed under any law;
or
iv. The civil liability of any party to the
extent that such liability forms the basis
for injunctive relief issued by a court
under any law requiring that the service
provider take or refrain from actions
necessary to remove, block or deny access
to any computer data, or to preserve
evidence of a violation of law.
RULE 4
Jurisdiction
Section 21. Jurisdiction. The Regional
Trial Court shall have jurisdiction over
any violation of the provisions of the 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 that is 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.
Section 22. Venue. Criminal action for
violation of the Act may be filed with the
RTC of the province or city where the
cybercrime or any of its elements is
committed, or where any part of the
computer system used is situated, or
where any of the damage caused to a
natural or juridical person took place:
Provided, That the court where the
criminal action is first filed shall acquire
jurisdiction to the exclusion of other
courts.
Section 23. Designation of Cybercrime
Courts. There shall be designated
special cybercrime courts manned by
specially trained judges to handle
cybercrime cases.
Section 24. Designation of Special
Prosecutors and Investigators. The
Secretary of Justice shall designate
prosecutors and investigators who shall
comprise the prosecution task force or
division under the DOJ-Office of
Cybercrime, which will handle cybercrime
cases in violation of the Act.
RULE 5
International Cooperation
Section 25. International Cooperation.
All relevant international instruments on
international cooperation on criminal
matters, and arrangements agreed on the
basis of uniform or reciprocal legislation
and domestic laws shall be given full force
and effect, to the widest extent possible
for the purposes of investigations or
proceedings concerning crimes related to
computer systems and data, or for the
collection of electronic evidence of crimes.
The DOJ shall cooperate and render
assistance to other contracting parties, as
well as request assistance from foreign
states, for purposes of detection,
investigation and prosecution of offenses
referred to in the Act and in the collection
of evidence in electronic form in relation
thereto. The principles contained in
Presidential Decree No. 1069 and other
pertinent laws, as well as existing
extradition and mutual legal assistance
treaties, shall apply. In this regard, the
central authority shall:
a. Provide assistance to a requesting State
in the real-time collection of traffic data
associated with specified communications
in the country transmitted by means of a
computer system, with respect to criminal
offenses defined in the Act for which realtime collection of traffic data would be
available, subject to the provisions of
Section 13 hereof;
b. Provide assistance to a requesting State

in the real-time collection, recording or
interception of content data of specified
a computer system, subject to the
provision of Section 13 hereof;
c. Allow another State to:
Access publicly available stored computer
data located in the country or elsewhere;
or
Access or receive, through a computer
system located in the country, stored
computer data located in another country,
if the other State obtains the lawful and
voluntary consent of the person who has
the lawful authority to disclose the data
to said other State through that computer
system.
d. Receive a request of another State for it
to order or obtain the expeditious
preservation of data stored by means of a
computer system located within the
country, relative to which the requesting
State shall submit a request for mutual
assistance for the search or similar
access, seizure or similar securing, or
disclosure of the stored computer data:
Provided, That:
A request for preservation of data under
this section shall specify:
i. The authority seeking the preservation;
ii. The offense that is the subject of a
criminal investigation or proceedings and
a brief summary of the related facts;
iii. The stored computer data to be

preserved and its relationship to the
offense;
iv. The necessity of the preservation; and
v. That the requesting State shall submit
a request for mutual assistance for the
search or similar access, seizure or
similar securing, or disclosure of the
stored computer data.
2. Upon receiving the request from
another State, the DOJ and law
enforcement agencies shall take all
appropriate measures to expeditiously
preserve the specified data, in accordance
with the Act and other pertinent laws. For
the purposes of responding to a request
for preservation, dual criminality shall not
be required as a condition;
3. A request for preservation may only be
refused if:
i. The request concerns an offense that
the Philippine Government considers as a
political offense or an offense connected
with a political offense; or
ii. The Philippine Government considers
the execution of the request to be
prejudicial to its sovereignty, security,
public order or other national interest.
4. Where the Philippine Government
believes that preservation will not ensure
the future availability of the data, or will

threaten the confidentiality of, or
otherwise prejudice the requesting States
investigation, it shall promptly so inform
the requesting State. The requesting State
will determine whether its request should
be executed; and
5. Any preservation effected in response
to the request referred to in paragraph (d)
shall be for a period not less than sixty
(60) days, in order to enable the
requesting State to submit a request for
the search or similar access, seizure or
similar securing, or disclosure of the data.
Following the receipt of such a request,
the data shall continue to be preserved
pending a decision on that request.
e. Accommodate request from another
State to search, access, seize, secure, or
disclose data stored by means of a
computer system located within the
country, including data that has been
preserved under the previous subsection.
The Philippine Government shall respond
to the request through the proper
application of international instruments,
arrangements and laws, and in
accordance with the following rules:
1. The request shall be responded to on
an expedited basis where:
i. There are grounds to believe that
relevant data is particularly vulnerable to
loss or modification; or
ii. The instruments, arrangements and

laws referred to in paragraph (b) of this
section otherwise provide for expedited
cooperation.
2. The requesting State must maintain
the confidentiality of the fact or the
subject of request for assistance and
cooperation. It may only use the
requested information subject to the
conditions specified in the grant.
f. Make a request to any foreign state for
assistance for purposes of detection,
investigation and prosecution of offenses
referred to in the Act;
g. The criminal offenses described under
Chapter II of the Act shall be deemed to
be included as extraditable offenses in
any extradition treaty where the
Philippines is a party: Provided, That the
offense is punishable under the laws of
both Parties concerned by deprivation of
liberty for a minimum period of at least
one year or by a more severe penalty.
The Secretary of Justice shall designate
appropriate State Counsels to handle all
matters of international cooperation as
provided in this Rule.
RULE 6
Competent Authorities
Section 26. Cybercrime Investigation and
Coordinating Center; Composition. The
inter-agency body known as the

Cybercrime Investigation and
Coordinating Center (CICC), under the
administrative supervision of the Office of
the President, established for policy
coordination among concerned agencies
and for the formulation and enforcement
of the national cyber security plan, is
headed by the Executive Director of the
Information and Communications
Technology Office under the Department
of Science and Technology (ICTO-DOST)
as Chairperson; the Director of the NBI as
Vice-Chairperson; and the Chief of the
PNP, the Head of the DOJ Office of
Cybercrime, and one (1) representative
each from the private sector, nongovernmental organizations, and the
academe as members.
The CICC members shall be constituted
as an Executive Committee and shall be
supported by Secretariats, specifically for
Cybercrime, Administration, and
Cybersecurity. The Secretariats shall be
manned from existing personnel or
representatives of the participating
agencies of the CICC.
The CICC may enlist the assistance of any
other agency of the government including
government-owned and -controlled
corporations, and the following:
Bureau of Immigration;
Philippine Drug Enforcement Agency;
Bureau of Customs;
National Prosecution Service;
Anti-Money Laundering Council;

Securities and Exchange Commission;
National Telecommunications
Commission; and
Such other offices, agencies and/or units,
as may be necessary.
The DOJ Office of Cybercrime shall serve
as the Cybercrime Operations Center of
the CICC and shall submit periodic
reports to the CICC.
Participation and representation in the
Secretariat and/or Operations Center
does not require physical presence, but
may be done through electronic modes
such as email, audio-visual conference
calls, and the like.
Section 27. Powers and Functions. The
CICC shall have the following powers and
functions:
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);
Coordinate the preparation of appropriate
and effective measures to prevent and
suppress cybercrime activities as provided
for in the Act;
Monitor cybercrime cases being handled
by participating law enforcement and
prosecution agencies;
Facilitate international cooperation on
intelligence, investigations, training and
capacity-building related to cybercrime
prevention, suppression and prosecution
through the DOJ-Office of Cybercrime;

Coordinate the support and participation
of the business sector, local government
units and NGOs in cybercrime prevention
programs and other related projects;
Recommend the enactment of appropriate
laws, issuances, measures and policies;
Call upon any government agency to
render assistance in the accomplishment
of the CICCs mandated tasks and
functions;
Establish and perform community
awareness program on cybercrime
prevention in coordination with law
enforcement authorities and stakeholders;
and
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 the Act.
Section 28. Department of Justice (DOJ);
Functions and Duties. The DOJ-Office
of Cybercrime (OOC), designated as the
central authority in all matters related to
international mutual assistance and
extradition, and the Cybercrime
Operations Center of the CICC, shall have
the following functions and duties:
Act as a competent authority for all
requests for assistance for investigation or
proceedings concerning cybercrimes,
facilitate the provisions of legal or
technical advice, preservation and
production of data, collection of evidence,
giving legal information and location of
suspects;
Act on complaints/referrals, and cause
the investigation and prosecution of
cybercrimes and other violations of the
Act;
Issue preservation orders addressed to
service providers;
Administer oaths, issue subpoena and
summon witnesses to appear in an
investigation or proceedings for
cybercrime;
Require the submission of timely and
regular reports including pre-operation,
post-operation and investigation results,
and such other documents from the PNP
and NBI for monitoring and review;
Monitor the compliance of the service
providers with the provisions of Chapter
IV of the Act, and Rules 7 and 8 hereof;
Facilitate international cooperation with
other law enforcement agencies on
intelligence, investigations, training and
capacity-building related to cybercrime
prevention, suppression and prosecution;
Issue and promulgate guidelines,
advisories, and procedures in all matters
related to cybercrime investigation,
forensic evidence recovery, and forensic
data analysis consistent with industry
standard practices;
Prescribe forms and templates, including,
but not limited to, those for preservation
orders, chain of custody, consent to
search, consent to assume
account/online identity, and request for
computer forensic examination;
Undertake the specific roles and
responsibilities of the DOJ related to
cybercrime under the Implementing Rules

and Regulation of Republic Act No. 9775
or the Anti-Child Pornography Act of
2009; and
Perform such other acts necessary for the
implementation of the Act.
Section 29. Computer Emergency
Response Team (CERT). The DOST-ICT
Office shall establish and operate the
Computer Emergency Response Team
(CERT) that shall serve as coordinator for
cybersecurity related activities, including
but not limited to the following functions
and duties:
a. Extend immediate assistance to the
CICC to fulfil its mandate under the Act
with respect to matters related to
cybersecurity and the national
cybersecurity plan;
b. Issue and promulgate guidelines,
advisories, and procedures in all matters
related to cybersecurity and the national
cybersecurity plan;
c. Facilitate international cooperation
with other security agencies on
intelligence, training, and capacitybuilding related to cybersecurity; and
d. Serve as the focal point for all
instances of cybersecurity incidents by:
Providing technical analysis of computer
security incidents;
Assisting users in escalating abuse
reports to relevant parties;
Conducting research and development on

emerging threats to computer security;
Issuing relevant alerts and advisories on
emerging threats to computer security.
Coordinating cyber security incident
responses with trusted third parties at
the national and international levels; and
Conducting technical training on cyber
security and related topics.
The Philippine National Police and the
National Bureau of Investigation shall
serve as the field operations arm of the
CERT. The CERT may also enlist other
government agencies to perform CERT
functions.
RULE 7
Duties of Service Providers
Section 30. Duties of a Service Provider.
The following are the duties of a service
provider:
Preserve the integrity of traffic data and
subscriber information for a minimum
period of six (6) months from the date of
the transaction;
Preserve the integrity of content data for
six (6) months from the date of receipt of
the order from law enforcement or
competent authorities requiring its
preservation;
Preserve the integrity of computer data for
an extended period of six (6) months from
the date of receipt of the order from law
enforcement or competent authorities
requiring extension on its preservation;
Preserve the integrity of computer data

case may be, upon receipt of a copy of the
transmittal document to the Office of the
Prosecutor;
Ensure the confidentiality of the
preservation orders and its compliance;
Collect or record by technical or electronic
means, and/or cooperate and assist law
enforcement or competent authorities in
the collection or recording of computer
data that are associated with specified
a computer system, in relation to Section
13 hereof;
Disclose or submit subscribers
information, traffic data or relevant data
in his/its possession or control to law
enforcement or competent authorities
within seventy-two (72) hours after receipt
of order and/or copy of the court warrant;
Report to the DOJ Office of Cybercrime
compliance with the provisions of Chapter
IV of the Act, and Rules 7 and 8 hereof;
Immediately and completely destroy the
computer data subject of a preservation
and examination after the expiration of
the period provided in Sections 13 and 15
of the Act; and
Perform such other duties as may be
necessary and proper to carry into effect
the provisions of the Act.
Section 31. Duties of a Service Provider in
Child Pornography Cases. In line with
RA 9775 or the Anti-Child Pornography
Act of 2009, the following are the duties
of a service provider in child pornography
cases:
An internet service provider (ISP)/internet

content host shall install available
technology, program or software, such as,
but not limited to, system/technology that
produces hash value or any similar
calculation, to ensure that access to or
transmittal of any form of child
pornography will be blocked or filtered;
Service providers shall immediately notify
law enforcement authorities within seven
(7) days of facts and circumstances
relating to any form child pornography
that passes through or are being
committed in their system; and
A service provider or any person in
possession of traffic data or subscribers
information, shall, upon the request of
law enforcement or competent authorities,
furnish the particulars of users who
gained or attempted to gain access to an
internet address that contains any form of
child pornography. ISPs shall also
preserve customer data records,
specifically the time, origin, and
destination of access, for purposes of
investigation and prosecution by relevant
authorities under Sections 9 and 11 of
R.A. 9775.
RULE 8
Prescribed Forms and Procedures
SEC. 32. Prescribed Forms and
Procedures. The DOJ Office of
Cybercrime shall issue and promulgate
guidelines, advisories, and procedures in
all matters related to cybercrime,
investigation, forensic evidence recovery,
and forensic data analysis consistent with

international best practices, in
accordance with Section 28(h) and (i)
hereof.
It shall also prescribe forms and
templates such as, but not limited to,
preservation orders, chain of custody,
consent to search, consent to assume
account/online identity, request for
computer forensic assistance, writeblocking device validation and first
responder checklist.
RULE 9
Final Provisions
SEC. 33. Appropriations. The amount of
Fifty Million Pesos (P50,000,000.00) shall
be appropriated annually for the
implementation of the Act under the fiscal
management of DOJ Office of
Cybercrime.
Section 34. Separability Clause. If any
provision of these Rules is held invalid,
the other provisions not affected shall
remain in full force and effect.
Section 35. Repealing Clause. All rules
and regulations inconsistent with these
Rules are hereby repealed or modified
accordingly.
Section 36. Effectivity. These rules and
regulations shall take effect fifteen (15)
days after the completion of its
publication in at least two (2) newspapers
of general circulation.
DONE in the City of Manila, this 12th day
of August 2015.
(Sgd.) MAR ROXAS
Secretary
Department of Interior and Local
Government
(Sgd.) MARIO G. MONTEJO
Secretary
Department of Science and Technology
(Sgd.) LEILA M. DE LIMA
Secretary

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Republic Act No.

Rules and Regulations Implementing

Cybercrime Prevention Act of 2012

PROVIDING FOR THE PREVENTION,

Department of Justice, Department of

INVESTIGATION, SUPPRESSION AND

THE IMPOSITION OF PENALTIES

Department of Science and Technology

THEREFOR AND FOR OTHER PURPOSES

under Republic Act No. 10175, otherwise

Be it enacted by the Senate and House of

regulations are hereby promulgated to

implement the provisions of said Act:

SECTION 1. Title. This Act shall be

Section 1. Title. These Rules shall be

known as the Cybercrime Prevention Act

referred to as the Implementing Rules and

Regulations of Republic Act No. 10175, or

SEC. 2. Declaration of Policy. The State

Section 2. Declaration of Policy. The

and communications industries such as

content production, telecommunications,

broadcasting electronic commerce, and

industries, such as content production,

data processing, in the nations overall

social and economic development. The

electronic commerce and data processing,

State also recognizes the importance of

in the States overall social and economic

providing an environment conducive to

the development, acceleration, and

The State also recognizes the importance

information and communications

of providing an environment conducive to

technology (ICT) to attain free, easy, and

intelligible access to exchange and/or

rational application and exploitation of

delivery of information; and the need to

protect and safeguard the integrity of

computer, computer and communications

intelligible access to exchange and/or

systems, networks, and databases, and

delivery of information; and the need to

the confidentiality, integrity, and

protect and safeguard the integrity of

availability of information and data stored

computer, computer and communications

therein, from all forms of misuse, abuse,

systems, networks and databases, and

and illegal access by making punishable

under the law such conduct or conducts.

availability of information and data stored

In this light, the State shall adopt

therein from all forms of misuse, abuse

sufficient powers to effectively prevent

and illegal access by making punishable

and combat such offenses by facilitating

under the law such conduct or conducts.

their detection, investigation, and

The State shall adopt sufficient powers to

international levels, and by providing

arrangements for fast and reliable

offenses by facilitating their detection,