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The Great Wall of China in Mutianyu
The Great Wall of China is referred to in Mandarin as Wanli Changcheng (10,000-Li Long Wall or simply very long wall) BEIJING, CHINA- S...
Thursday, September 20, 2012
Wednesday, September 19, 2012
MERALCO: It's time to MOVE Philippines
MERALCO: It's time to MOVE Philippines
Have you heard about the MOVE?
MOVE means MeralcO Virtual Engine.
MERALCO recently held a bloggers' night entitled Meralco MOVE App-date. Martin sent me this cute invitation:
Thank you Martin!
By the way, Meralco won an award recently from the People Management Association of the Philippines as 2012 Employer of the Year. Congratulations to Meralco management!
The event was done to familiarized the bloggers with the MeralcO Virtual Engine services.
Meralco's BAYAD CENTER DIRECTORY App makes looking for the nearest Bayad Center where you can most conveniently pay for your pending Meralco bill as easy as counting 1 2 3!
Meralco's power ranger in a dance number. They're awesome! Just like each Meralco service application that they represent.
The author with Meralco Office Directory ranger.
Each member of the winning team brought home a Samsung Galaxy Tab. Congratulations everyone! I am so happy for you Jo, Mark, Rain, Janese, Lloyd and Dan!
For more information about Meralco six (6) services in one (1)apps, please go to http://www.meralco.com.ph/index.html or visit their Facebook page https://www.facebook.com/meralco
Have you heard about the MOVE?
MOVE means MeralcO Virtual Engine.
MERALCO recently held a bloggers' night entitled Meralco MOVE App-date. Martin sent me this cute invitation:
By the way, Meralco won an award recently from the People Management Association of the Philippines as 2012 Employer of the Year. Congratulations to Meralco management!
Meralco's six different services in one App are compose of the following:
Meralco's OFFICE DIRECTORY App, finding the nearest Meralco office is so easy! from Metro Manila to nearby provinces. One can find the complete contact details of each Meralco offices yes, be it the address, phone numbers or email address . This partcular sevice is so cool!
Meralco's APPLIANCE CALCULATOR App let you know the operating cost of each of your home appliances and how much it contributes to your monthly electric bill in seconds.
Meralco's BAYAD CENTER DIRECTORY App makes looking for the nearest Bayad Center where you can most conveniently pay for your pending Meralco bill as easy as counting 1 2 3!
Meralco's POWER MAINTENANCE SCHEDULE App provides brown out/ regular maintenance schedule ahead of time. Regular maintenance is needed to ensure reliable electricity.
Meralco's E-MERALCO BILL App let you view your latest bill even when you're on the go.
Meralco's BRIGHT IDEAS App gives you valuable tips on how to use and save on electricity. Did you know that you could save money by simply pulling the plug when you go out of your house? And you get better illumination at a lesser wattage when you use Compact Fluorescent Lamps (CFL). If you want to learn more download the six Meralco Apps now! This is 100% Free.
Aside from the music, food and dance number, there was also a game. Since there were six (6) Meralco services in one (1) application we were also divided into six. Yes, folks, each group is composed of six (6) person. We had a game that was similar to speed-dating, each member of the group sat on a table opposite a Meralco power ranger. We were given a minute to get to know one service among the six (6) services in one (1) app that can help consumer to have a round-the-clock access to Meralco's services through any smart phone or tablet. Then we were given a questionnaire where we jot down our answers within sixty seconds.
For more information about Meralco six (6) services in one (1)apps, please go to http://www.meralco.com.ph/index.html or visit their Facebook page https://www.facebook.com/meralco
Chinoy TV launches business reality TV show
Good News Entrepinoys! Chinoy TV launches business reality TV show
CHInoypreneur is an advocacy project of Chinoy TV in cooperation with Philippine Franchise Association (PFA), Go Negosyo, Mansmith and Fielders and the Alliance of Filipino-Chinese Students (AFICS) wherein the primary aim is the promotion of entrepreneurship among the youth and to help improve the current state of Chinoy owned businesses by educating them with different tools, technologies and strategies in the fields of leadership, marketing, finance, information technology, human resources and etc. that would enable them to compete with the bigger and more established companies. CHInoypreneur is also a movement which aims to foster unity among the Chinoy community in different industries.
To kick-off CHInoypreneur 2012, CHInoypreneur Day which is co-presented by Multiply.com was held last September 1 in Binondo Manila. It was a one-day business event that gathered the most influential business experts in the country today. The business gurus who shared their knowledge and insights were Samie Lim for franchising, Josiah Go for marketing, Randell Tiongson for finance, Paulo Tibig for basics of entrepeneurship and Michaelangelo Lobrin for positive mindset.
CHInoypreneur Challenge 2012 is a business reality show that will be participated by college students from De La Salle University, Ateneo de Manila University, University of Sto. Tomas, Philippine Cultural College, Chang Kai Shek College, University of the Philippines, and University of Asia and the Pacific. The show aims to provide a training venue that would allow them to sharpen their entrepreneurial skills by providing them real life business experiences.
Chinoypreneur will air in Chinoy TV on Net 25 starting this coming October.
“CHInoy TV” is the only Filipino Chinese television show that features Chinese heritage and how it harmonizes with the Filipino culture. It is committed to promote both cultures by featuring Filipino-Chinese lifestyle to its viewers and it is the only show that caters directly to the Filipino-Chinese community.
The show features about successful Chinese personalities, establishments, fashion, travel, entertainment and other happenings surrounding the Filipino-Chinese community. Chinoy TV airs every Sunday 1030am with replays on Tuesday 11pm and Saturday 1030am.
Tuesday, September 18, 2012
TRAVEL TIPS: Earn while you Travel
Earn while you Travel
One of the best ways to maintain a healthy financial forecast, when travelling, is to work while you explore the globe. Working holidays are continuing to increase in popularity, as many holidaymakers lack the funds to travel endlessly and aren’t prepared to shorten their holiday and be restricted by a firm budget. If you’re looking to travel the world, but are interested in earning while you experience some of the best destinations in the world, check out our great tips for working holiday goers.
Should I still Save Money if I’m Planning on Working
Even if you are considering working full time whilst overseas, you should always save as much money as possible. Once you have left your home country, you must be prepared for any unexpected occurrences that may require a great deal of money. Having an adequate amount of savings will allow you to rest at ease, knowing that you are covered while you travel. When organizing your holiday, try to remember that you will be paying for everyday living expenses such as accommodation, transportation and food, along with fun holiday activities such as sightseeing ventures and tours.
Teaching Jobs
Teaching jobs are incredibly popular for travellers, as they often provide a regular source of income, particularly for people who are looking to spend an extended amount of time in one particular country. Asian countries are most well-known for having international teaching jobs available, with most positions offering a contract of approximately 20 hours per week.
Casual & Backpacking Work
If you’re looking to travel amongst various destinations, never staying in one city for more than a few weeks, you will be more suited to a transient job, popular amongst backpackers. Various casual jobs are available for travellers, including fruit picking, barrister work, bartending, waitressing and cleaning jobs.
Where Can I Find Work
There are a number of options available to travellers who are in search of work. If you’re staying at a backpacker hostel, talk to your reception staff or enquire about a notice board. Fellow backpackers are also a great source for finding out about job opportunities, as they are often in similar areas of work.
If you like to be prepared, you always have the option of sourcing work before you depart. A number of job agencies offer careers aboard, providing you with a guaranteed position upon arrival in your chosen country. Career opportunities can vary greatly, ranging from teaching positions and bar tending jobs to fruit picking and ski lift operators.
If you’re savings just aren’t bringing you to your travels as quickly as you’d like, consider a working holiday. Earning while you travel provides a great opportunity to see the far corners of the world, without being out of pocket and accumulating unnecessary debt.
Author Bio
Tara Blair writes for many leading news sites and blogs about personal finance and travel. She says that if you have multiple debts before you begin travelling, you should seek professional advice for debt consolidation solutions Tara says having a single repayment makes managing your debt much easier while you are traveling.
One of the best ways to maintain a healthy financial forecast, when travelling, is to work while you explore the globe. Working holidays are continuing to increase in popularity, as many holidaymakers lack the funds to travel endlessly and aren’t prepared to shorten their holiday and be restricted by a firm budget. If you’re looking to travel the world, but are interested in earning while you experience some of the best destinations in the world, check out our great tips for working holiday goers.
Should I still Save Money if I’m Planning on Working
Even if you are considering working full time whilst overseas, you should always save as much money as possible. Once you have left your home country, you must be prepared for any unexpected occurrences that may require a great deal of money. Having an adequate amount of savings will allow you to rest at ease, knowing that you are covered while you travel. When organizing your holiday, try to remember that you will be paying for everyday living expenses such as accommodation, transportation and food, along with fun holiday activities such as sightseeing ventures and tours.
Teaching Jobs
Teaching jobs are incredibly popular for travellers, as they often provide a regular source of income, particularly for people who are looking to spend an extended amount of time in one particular country. Asian countries are most well-known for having international teaching jobs available, with most positions offering a contract of approximately 20 hours per week.
Casual & Backpacking Work
If you’re looking to travel amongst various destinations, never staying in one city for more than a few weeks, you will be more suited to a transient job, popular amongst backpackers. Various casual jobs are available for travellers, including fruit picking, barrister work, bartending, waitressing and cleaning jobs.
Where Can I Find Work
There are a number of options available to travellers who are in search of work. If you’re staying at a backpacker hostel, talk to your reception staff or enquire about a notice board. Fellow backpackers are also a great source for finding out about job opportunities, as they are often in similar areas of work.
If you like to be prepared, you always have the option of sourcing work before you depart. A number of job agencies offer careers aboard, providing you with a guaranteed position upon arrival in your chosen country. Career opportunities can vary greatly, ranging from teaching positions and bar tending jobs to fruit picking and ski lift operators.
If you’re savings just aren’t bringing you to your travels as quickly as you’d like, consider a working holiday. Earning while you travel provides a great opportunity to see the far corners of the world, without being out of pocket and accumulating unnecessary debt.
Author Bio
Tara Blair writes for many leading news sites and blogs about personal finance and travel. She says that if you have multiple debts before you begin travelling, you should seek professional advice for debt consolidation solutions Tara says having a single repayment makes managing your debt much easier while you are traveling.
Monday, September 17, 2012
Let's Move & Let's Love
Let's Move & Let's Love
One move and an act of love that I commit myself to do before the year ends is to visit "Gift of Love" again in Naga City.
When I was still in college, my friends and I usually visit the kids at the Gift of Love orphanage in Naga. Gift of love is a children’s shelter under the care of the Missionaries of Charity. Founded by Mother Teresa of Calcutta, the sisters care for abandoned children, sick children, the mentally ill, ex-prostitutes, lepers, AIDS victims, refugees, the aged, and convalescent. A friend even entered their congregation and studied to be a nun and we even visited her at Gift of Love.
Unlike other kids during our time, I rarely go to disco or gimmicks, I usually hang out with my friends in church, seminary or the orphanage. We also go to different depressed community in Naga during Sundays to help maintain a clean environment in the barangay. And give Christmas cheers to the kids in the area.
I still remember, one day when we visited the orphanage, our hearts got broken into pieces because there was a tiny baby the size of a cola bottle, that was left at the door of the orphanage :-(
He was so fragile. Very tiny baby. My friends and I are not allowed to carry him because he was under medication and has a Intravenous Solution attached to his fragile body.
Some of us shed tears, we can't help it. It was heart wrenching. It definitely leaves a lump in one’s throat.
After that visit, we got so busy with school and other activities. I was never able to keep track what happened to that little angel. Many years had passed by already but the image of his fragile body was forever etched in my memory. If I will be presented with an opportunity I would really like to visit the Gift of love and once again give some cheers to the children.
I am still recovering from my ailment but today, I resolved to visit the Gift of Love orphanage before the year ends.
Come with me to Gift of Love if you like...
Let's Move..
Let's Love...
Let's spread some cheer!
When I was still in college, my friends and I usually visit the kids at the Gift of Love orphanage in Naga. Gift of love is a children’s shelter under the care of the Missionaries of Charity. Founded by Mother Teresa of Calcutta, the sisters care for abandoned children, sick children, the mentally ill, ex-prostitutes, lepers, AIDS victims, refugees, the aged, and convalescent. A friend even entered their congregation and studied to be a nun and we even visited her at Gift of Love.
Unlike other kids during our time, I rarely go to disco or gimmicks, I usually hang out with my friends in church, seminary or the orphanage. We also go to different depressed community in Naga during Sundays to help maintain a clean environment in the barangay. And give Christmas cheers to the kids in the area.
We spent Sunday morning, sweeping and cleaning barangay public health offices. We also help remove rocks, grass and other dirt in the barangay premises. I was a catechist and a Campus Ministry at the same time, so it was not easy for a college kid like me to schedule a visit to the Gift of love. Aside from the gift of love which we frequent, we also do Christmas cheers in depressed areas in Naga like in Mabulo, where, each one of us adopt one kid per family, then feed, bath, buy toys for them for a day. Yes, only for a day because we're only college kids back then.
I still remember, one day when we visited the orphanage, our hearts got broken into pieces because there was a tiny baby the size of a cola bottle, that was left at the door of the orphanage :-(
He was so fragile. Very tiny baby. My friends and I are not allowed to carry him because he was under medication and has a Intravenous Solution attached to his fragile body.
Some of us shed tears, we can't help it. It was heart wrenching. It definitely leaves a lump in one’s throat.
After that visit, we got so busy with school and other activities. I was never able to keep track what happened to that little angel. Many years had passed by already but the image of his fragile body was forever etched in my memory. If I will be presented with an opportunity I would really like to visit the Gift of love and once again give some cheers to the children.
I am still recovering from my ailment but today, I resolved to visit the Gift of Love orphanage before the year ends.
Come with me to Gift of Love if you like...
Let's Move..
Let's Love...
Source of Gift of Love pix: motorcycle phil.
VERONICA BALUYUT-JIMENEZ: The Chronicles of Veronica
Presenting Veronica Baluyut-Jimenez, one of the freshest faces ever to grace the Philippine broadcast industry. After several years, it remains a delight just looking at her sweet and appealing aura, not to mention the voice.
Her pretty face notwithstanding, veteran broadcaster extraordinaire Veronica Baluyut-Jimenez has always been immersed in every story over her illustrious career. For her, every bit of detail in a story should be carefully researched, dissected and thoroughly appraised for value and truthfulness and ultimately, should appeal to the audience.
And her latest broadcasting coup de grace, entitled “The Veronica Chronicles,” an investigative documentary to be shown on PTV-4 every 3rd Wednesday of every month beginning September 19, 2012 from 8:00 to 9:00 p.m., is no different matter. For the September episode of “The Veronica Chronicles,” the show will tackle the 40th anniversary of the declaration of Martial Law, touted as one of the darkest episodes in our country’s political history.
Not new to this genre, Veronica waxed excitement because the show will deal with various social issues, and it’s very timely that the episode is about Martial Law. “The topic may be old and not too many people remember it. But what makes ours different is we’ll ask questions like, ‘was there closure regarding Martial Law?’ For the show, we want to analyze the issues, why these things happen, and include possible solutions. Perhaps Filipinos can offer theirs as well. Our approach is constructive and not merely controversial.”
And Veronica promises that “The Veronica Chronicles” will be as fair and as unbiased as possible. “There will be no bias in our show, it will be very balanced, which, if I may say, may surprise viewers since we are a government-owned station. This is the thrust of the new PTV. I’m sure the audience will enjoy it,” she avers.
She’s also looking forward to the show’s next episodes like their topic on anything “supernatural” in the Philippines like the “aswang” and “manananggal” for October and the infamous “Maguindanao Massacre” for November, which is marking its second year.
Aside from being the newest program avid PTV viewers can look forward to, the “The Veronica Chronicles” is also part of a major push by PTV, under its new management and of which Veronica is also a board member, to come up with new and relevant programs that offer a balanced approach to news and issues.
“What we want is to present interesting issues that transcend all social classes. Under the new officers of PTV-4, we will continue to work hard to be the new ‘alternative’ channel that provides niche programming, which is still based on our charter—to provide relevant and more importantly significant, news, information and public service to our viewers.”
What’s interesting to note, however, is that amid all these activities is the introduction of the new logo of PTV-4. “We’re also happy with the new logo because it adapts to the changing times. It has a more fresh and contemporary look, and definitely more youthful,” she adds.
With the airing of the “The Veronica Chronicles,” there’s no doubt that Veronica will be on her toes every week since she also has a weekly show, again with an investigative format, entitled “Sa Likod ng Istorya.” Aired every Sunday at 9:15 p.m., the show discusses the week’s more pressing and timely issues.
On a daily basis, Veronica’s plate is full of segments interspersed with the news, one of which is “Mga Pagsubok” that delves on political and social issues of the day. This is shown during the “News@1” news program every 1 p.m. and “News@6” which is—you guessed it—shown at 6 p.m., Monday to Friday. And if this is not enough, “Mga Pagsubok” has an English counterpart, by the way, entitled “Challenges” and shown at PTV’s “News Life” everyday at 9:15 p.m.
Now if these shows tell you that Veronica is not busy, then you must be living in another planet.
Catch Veronica Baluyut-Jimenez on “The Veronica Chronicles” every 3rd Wednesday of the month beginning September 19, 2012 from 8-9 p.m.; “Sa Likod ng Istorya” on Sundays, 9:15 p.m.; “Mga Pagsubok” on “News@1” every 1 p.m. and “News@6” every 6 p.m., and “Challenges,” shown daily every 9:15 p.m on “News Life”. Or visit PTV-4 at www.ptv.ph.
PRESS RELEASE
PRC ID RENEWAL CENTERS: Now Open at 13 SM Malls
Good News to all Pinoy professionals! PRC ID Renewal Centers were simultaneously opened in 13 malls in Metro Manila and nearby provinces last Friday! That means, Filipino professionals can now renew their Professional Regulation Commission (PRC) identification cards at the malls seven days a week during mall hours. Woooooooooooooooooot! I luv this news!
The 13 PRC ID Renewal Centers are located in the following locations:
- SM Mall of Asia
- SM Novaliches
- SM Marikina
- SM Masinag
- SM Manila
- SM Quiapo
- SM Harrison Plaza
- SM Sta. Mesa
- SM Sucat
- SM mall Bacoor
- SM mall Dasmariñas, Cavite
- SM mall Calamba, Laguna
- SM mall Lipa City, Batangas.
Filipino professionals can now renew their PR IDs without having to wait in long queues nor face those tiger looking unfriendly staff at PRC Main Office! Yeah, I know you can relate. Ha ha ha! peace! Just joking here!
Renewal Steps:
- File your applications for ID renewal
- After submitting an ID application renewal, the PRC ID should be available after seven working days.
- Claim the IDs at the malls, at your own time and at your own convenience, sans the hassle of long queues
NOTE: This is not a paid post. I am just so happy with this news that's why I'd like to share my happiness to everyone.
CYBERCRIME PREVENTION ACT OF 2012: Republic Act No. 10175
This is an important READ for every Filipino citizen and foreigner computer user living in the Philippines.
Criminal Law is usually territorial. But in this CYBERCRIME PREVENTION ACT OF 2012: Republic Act No. 10175, it covers all Filipino Citizen regardless of the place of commission.
See Jurisdiction. The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situation 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.
Read on:
Republic of the Philippines
Begun and held in Metro Manila, on Monday the Twenty-fifth day of July two thousand eleven.
[ Republic Act No. 10175 ]
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES
Be it enacted, by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
GENERAL PROVISIONS
Section 1. Short Title. – This Act shall be known as the “Cybercrime Prevention Act of 2012″.
Section 2. Declaration of Policy. – The State recognizes the vital role of information and communication industries such as content production, telecommunications, broadcasting, electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and / or delivery of information, and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information, and data stored therein, from all forms of misuse, abus, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.
Section 3. Definition of Terms. – For purposes of this Act, the following terms are hereby defined as follows:
(a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system of communication network.
(b) Alteration refers to the modification or change, in form or substance, of an existing computer data or program.
(c) Communication refers to the transmission of information through ICT media, including voice, video, and other forms of data.
(d) Computer refers to an electronic, magnetic, optical, electromechanical, or other data processing or communications device, or grouping of such devices, capable of performing logical, arithmetic, routing, or storage functions and which includes any storage facility, or equipment or communications facility or equipment directly related to or operating in conjunction with such device. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the Internet.
(e) Computer data refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable for processing in a computer system including a program suitable to cause oa computer system to perform a function and includes electronic documents and / or electronic data messages whether stored in local computer systems or online.
(f) Computer program refers to a set of instructions executed by the computer to achieve intended results.
(g) Computer system refers to any device or group of interconnected or related devices, one or more of which pursuant to a program, performs automated processing of data. It covers any type of device with data processing capabilities including, but not limited to, computers and mobile phones. The device consisting of hardware and software may include input, output and storage components which may stand alone or be connected in a network or other similar devices. It also includes computer data storage devices or media.
(h) Without right refers to either: (i) conduct undertake without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law.
(i) Cyber refers to a computer or a computer network, the electronic medium in which online communication takes place.
(j) Critical infrastructure refers to the computer systems, and / or networks, whether physical or virtual, an / or the computers, computer data and / or traffic data so vital to this country that the incapacity or destruction of or interference with such system and assets would have debilitating impact on security, national or economic security, national public health and safety, or any combination of those matters.
(k) Cybersecurity refers to the collection of tools, policies, risk management approaches, actions, training, best practices, assurance and technologies that can be used to protect the cyber environment and organization and user’s assets.
(l) Database refers to a representation of information, knowledge, facts, concepts or instructions which are being prepared, processed, or stored or have been prepared, processed or stored in a formalized manner and which are intended for use in a computer system.
(m) Interception refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content of data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring.
(n) Service provider refers to:
(1) Any public or private entity that provides to users of its service the ability to communication by means of a computer system, and
(2) Any other entity that processes or stores computer data on behalf of such communication service or users of such service.
(o) Subscriber’s information refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which identity can be established:
(1) The type of communication service used, the technical provisions taken thereto and the period of service;
(2) The subscriber’s identity, postal or geographic address, telephone and other access numbers, any assigned network address, billing, and payment information, available on the basis of the service agreement or arrangement, and
(3) Any other available information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.
(p) Traffic data or non-content data refers to any computer data other than the content of the communication including, but not limited to, the communication’s origin, destination, route, time, data, size, duration, or type of underlying service.
CHAPTER II
PUNISHABLE ACTS
Section 4 Cybercrime Offenses. – The following acts constitute the offense of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity, and availability of computer data and systems.
(1) Illegal access – The access to the whole or any part of a computer system without right.
(2) Illegal interception – The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.
(3) Data Interference – The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.
(4) System Interference – The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data messages, without right or authority, including the introduction or transmission of viruses.
(5) Misuse of devices
(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:
(aa) a device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or
(bb) A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with the intent to use said devices for the purpose of committing any of the offenses under this section.
(6) Cyber-squatting. The acquisition of domain name over the Internet in bad faith to profit, mislead, destroy reputation, and deprive others from the registering the same, if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration;
(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name, and
(iii) Acquired without right or with intellectual property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery:
(i) The input, alteration, or deletion of computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data which is the product of computer-related forgery as defined here, for the purpose of perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent; Provided, That if no damage has yet been caused, the penalty imposed shall be one (1) degree lower.
(3) Computer-related Identity Theft. The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right. Provided, That if no damage has yet been caused, the penalty imposed shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex – The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.
(2) Child Pornography – The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system. Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775.
(3) Unsolicited Commercial Communications – The transmission of commercial communication with the use of computer system which seek to advertise sell, or offer for sale products and services are prohibited unless:
(1) There is prior affirmative consent from the recipient;
or
(ii) The primary intent of the communication is for service and / or administrative announcements from the sender to its existing users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages (opt-out) from the same source;
(bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and
(cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.
(4) Libel. – The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended committed through a computer system or any other similar means which may be devised in the future.
Section 5. Other Offenses – The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime – Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.
Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act. Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.
Section 7. Liability under Other Laws. – A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.
Chapter III
PENALTIES
Section 8. Penalties. – Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred or both.
Any person found guilty of any of the punishable acts under Sections 4(a)(5) shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (P500,000) or both.
If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos (P500,000) up to a maximum amount commensurate to the damage incurred or both, shall be imposed.
Any person found guilty of any of the punishable acts enumerated in Sections 4(c)(1) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (P200,000) but not exceeding One million pesos (P1,000,000) or both.
Any person found guilty of any of the punishable acts enumerated in Sections 4(c)(2) of this Act shall be punished with the penalties as enumerated in Republic Act 9775 or the “Anti-Child Pornography Act of 2009″; Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act 9775, if committed through a computer system.
Any person found guilty of any of the punishable acts enumerated in Sections 4(c)(3) shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (P50,000) but not exceeding Two hundred fifty thousand pesos (P250,000) or both.
Any person found guilty of any of the punishable acts enumerated in Sections 5 of this Act shall be punished with imprisonment of one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (P100,000) but not exceeding Five hundred thousand pesos (P500,000) or both.
Section 9. Corporate Liability. – When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within, based on: (a) a power of representation of the juridical person provided the act committed falls within the scope of such authority; (b) an authority to take decisions on behalf of the juridical person. Provided, That the act committed falls within the scope of such authority; or (c) an authority to exercise control within the juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos (P10,000,000).
If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the finds imposable in Section 7 up to a maximum of Five million pesos (P5,000,000).
The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.
Chapter IV
Enforcement and Implementation
Section 10. Law Enforcement Authorities. The National Bureau of Investigation and the Philippine National Police shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.
Section 11. Duties of Law Enforcement Authorities. To ensure that the technical nature of cybercrime and its prevention is given focus and considering the procedures involved for international cooperation, law enforcement authorities specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-operation, post operation, and investigation results and such other documents as may be required to the Department of Justice for review and monitoring.
Section 12. Real-time Collection of Traffic Data. – Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real time associated with specified communications transmitted by means of a computer system.
Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service, but not content, nor identities..
All other data to be collected or seized or disclosed will require a court warrant.
Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information.
The court warrant under this section shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and the showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated herein above has been committed, or is being committed, is about to be committed; (2) that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to the solution or, or to the prevention of any such crimes, and (3) that there are no other means readily available for obtaining such evidence.
Section 13. Preservation of Computer Data. The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum of six (6) months period from the date of the transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation.
Law enforcement authorities may order a one-time extension of another six (6) months. Provided, That once computer preserved, transmitted or stored by service provided is used as evidence in a case, the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer until the termination of the case.
The service provider ordered to preserve computer data shall keep confidential the order and its compliance.
Section 14. Disclosure of Computer Data. – Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic data or relevant data in his / its possession or control within seventy-two (72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation.
Section 15. Search, Seizure, Examination of Computer Data. – Where a search and seizure warrant is properly issue, the law enforcement authorities shall likewise have the following powers and duties.
Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:
(a) To secure a computer system or a computer data storage medium.
(b) To make and retain a copy of those computer data secured.
(c) To maintain the integrity of the relevant stored computer data.
(d) To conduct forensic analysis or examinations of the computer data storage medium; and
(e) To render inaccessible or remove those computer data in the accessed computer or computer and communications network.
Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information to enable the undertaking of the search, seizure and examination.
Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court.
Section 16. Custody of Computer Data. All computer data, including content and traffic data, examined under a proper warrant shall, within forty-eight (48) hours after the expiration of the period fixed therein, be deposited with the court in a sealed package, and shall be accompanies by an affidavit of the law enforcement authority executing it stating the dates and times covered by the examination, and the law enforcement authority who access the deposit, among other relevant data. The law enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the package deposited with the court. The package so deposited shall not be opened or the recordings replayed, or used in evidence, or their contents revealed, except upon order of the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded.
Section 17. Destruction of Computer Data. Upon expiration of the periods as provided in Sections 13 and 15, service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of a preservation and examination.
Section 18. Exclusionary Rule. – Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court or tribunal.
Section 19. Restricting or Blocking Access to Computer Data. – When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data.
Section 20. Non-compliance. Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of Presidential Decree No. 1829 with imprisonment of prision correccional in its maximum period or a fine of One hundred thousand pesos (P100,000) or both for each and every non-compliance with an order issued by law enforcement authorities.
Chapter V
Jurisdiction
Section 21. Jurisdiction. The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situation in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.
There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.
Chapter VI
International Cooperation
Section 22. General Principles Relating to International Cooperation. – All relevant international instruments on international cooperation in criminal maters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal offense shall be given full force and effect.
Chapter VII
Competent Authorities
Section 23. Department of Justice (DOJ). There is hereby created an Office of Cybercrime within the DOJ designated as the central authority in all matters relating to international mutual assistance and extradition.
Section 24. Cybercrime Investigation and Coordinating Center (CICC). There is hereby created, within thirty (30) days from the effectivity of this Act, an inter-agency body to be known as the Cybercrime Investigation and Coordinating Center (CICC), under the administrative supervision of the Office of the President, for policy coordination among concerned agencies and for the formulation and enforcement of the national cybersecurity plan.
Section 25. Composition. The CICC shall be headed by the Executive Director of the Information and Communications Technology Office under the Department of Science and Technology as Chairperson with the Director of the NBI as Vice Chairperson; the Chief of the PNP, Head of the DOJ Office of Cybercrime; and one (1) representative from the private sector and academe, as members. The CICC shall be manned by a secretariat of selected existing personnel and representatives from the different participating agencies.
Section 26. Powers and Functions. – The CICC shall have the following powers and functions:
(a) To formulate a national cybersecurity plan and extend immediate assistance for the suppression of real-time commission of cybercrime offenses through a computer emergency response team (CERT).
(b) To coordinate the preparation of appropriate and effective measures to prevent and suppress cybercrime activities as provided for in this Act;
(c) To monitor cybercrime cases being handled by participating law enforcement and prosecution agencies.
(d) To facilitate international cooperation on intelligence, investigations, training, and capacity building related to cybercrime prevention, suppression, and prosecution.
(e) To coordinate the support and participation of the business sector local government units and non-government organizations in cybercrime prevention programs and other related projects.
(f) To recommend the enactment of appropriate laws, issuances, measures, and policies.
(g) To call upon any government agency to render assistance in the accomplishment of the CICC’s mandated tasks and functions.
(h) To perform all other matters related to cybercrime prevention and suppression, including capacity building and such other functions and duties as may be necessary for the proper implementation of this Act.
Chapter VIII
FINAL PROVISIONS
Section 27. Appropriations. - The amount of Fifty mission pesos (P50,000,000) shall be appropriated annually for the implementation of this Act.
Section 28. Implementing Rules and Regulations. – The ICTO-DOST, the DOJ, and the Department of Interior and Local Government (DILG) shall jointly formulate the necessary rules and regulations within ninety (90) days from approval of this Act, for its effective implementation.
Section 29. Separability Clause. If any provision of this Act is held invalid, the other provisions not affected shall remain in full force and effect.
Section 30. Repealing Clause. All laws, decrees or rules inconsistent with this Act are hereby repealed or modified accordingly. Section 33(a) of Republic Act 8792 or Electronic Commerce Act is hereby modified accordingly.
Section 31. This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House
of Representatives
(Sgd.) JUAN PONCE ENRILE
President of the Senate
This Act which is a consolidation of Senate Bill No. 2796 and House Bill No. 5808 was finally passed by the Senate and the House of Representatives on June 5, 2012 and June 4, 2012 respectively.
Criminal Law is usually territorial. But in this CYBERCRIME PREVENTION ACT OF 2012: Republic Act No. 10175, it covers all Filipino Citizen regardless of the place of commission.
See Jurisdiction. The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situation 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.
Read on:
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Second Regular Session
Metro Manila
Fifteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday the Twenty-fifth day of July two thousand eleven.
[ Republic Act No. 10175 ]
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES
Be it enacted, by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
GENERAL PROVISIONS
Section 1. Short Title. – This Act shall be known as the “Cybercrime Prevention Act of 2012″.
Section 2. Declaration of Policy. – The State recognizes the vital role of information and communication industries such as content production, telecommunications, broadcasting, electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and / or delivery of information, and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information, and data stored therein, from all forms of misuse, abus, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.
Section 3. Definition of Terms. – For purposes of this Act, the following terms are hereby defined as follows:
(a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system of communication network.
(b) Alteration refers to the modification or change, in form or substance, of an existing computer data or program.
(c) Communication refers to the transmission of information through ICT media, including voice, video, and other forms of data.
(d) Computer refers to an electronic, magnetic, optical, electromechanical, or other data processing or communications device, or grouping of such devices, capable of performing logical, arithmetic, routing, or storage functions and which includes any storage facility, or equipment or communications facility or equipment directly related to or operating in conjunction with such device. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the Internet.
(e) Computer data refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable for processing in a computer system including a program suitable to cause oa computer system to perform a function and includes electronic documents and / or electronic data messages whether stored in local computer systems or online.
(f) Computer program refers to a set of instructions executed by the computer to achieve intended results.
(g) Computer system refers to any device or group of interconnected or related devices, one or more of which pursuant to a program, performs automated processing of data. It covers any type of device with data processing capabilities including, but not limited to, computers and mobile phones. The device consisting of hardware and software may include input, output and storage components which may stand alone or be connected in a network or other similar devices. It also includes computer data storage devices or media.
(h) Without right refers to either: (i) conduct undertake without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law.
(i) Cyber refers to a computer or a computer network, the electronic medium in which online communication takes place.
(j) Critical infrastructure refers to the computer systems, and / or networks, whether physical or virtual, an / or the computers, computer data and / or traffic data so vital to this country that the incapacity or destruction of or interference with such system and assets would have debilitating impact on security, national or economic security, national public health and safety, or any combination of those matters.
(k) Cybersecurity refers to the collection of tools, policies, risk management approaches, actions, training, best practices, assurance and technologies that can be used to protect the cyber environment and organization and user’s assets.
(l) Database refers to a representation of information, knowledge, facts, concepts or instructions which are being prepared, processed, or stored or have been prepared, processed or stored in a formalized manner and which are intended for use in a computer system.
(m) Interception refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content of data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring.
(n) Service provider refers to:
(1) Any public or private entity that provides to users of its service the ability to communication by means of a computer system, and
(2) Any other entity that processes or stores computer data on behalf of such communication service or users of such service.
(o) Subscriber’s information refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which identity can be established:
(1) The type of communication service used, the technical provisions taken thereto and the period of service;
(2) The subscriber’s identity, postal or geographic address, telephone and other access numbers, any assigned network address, billing, and payment information, available on the basis of the service agreement or arrangement, and
(3) Any other available information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.
(p) Traffic data or non-content data refers to any computer data other than the content of the communication including, but not limited to, the communication’s origin, destination, route, time, data, size, duration, or type of underlying service.
CHAPTER II
PUNISHABLE ACTS
Section 4 Cybercrime Offenses. – The following acts constitute the offense of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity, and availability of computer data and systems.
(1) Illegal access – The access to the whole or any part of a computer system without right.
(2) Illegal interception – The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.
(3) Data Interference – The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.
(4) System Interference – The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data messages, without right or authority, including the introduction or transmission of viruses.
(5) Misuse of devices
(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:
(aa) a device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or
(bb) A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with the intent to use said devices for the purpose of committing any of the offenses under this section.
(6) Cyber-squatting. The acquisition of domain name over the Internet in bad faith to profit, mislead, destroy reputation, and deprive others from the registering the same, if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration;
(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name, and
(iii) Acquired without right or with intellectual property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery:
(i) The input, alteration, or deletion of computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data which is the product of computer-related forgery as defined here, for the purpose of perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent; Provided, That if no damage has yet been caused, the penalty imposed shall be one (1) degree lower.
(3) Computer-related Identity Theft. The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right. Provided, That if no damage has yet been caused, the penalty imposed shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex – The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.
(2) Child Pornography – The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system. Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775.
(3) Unsolicited Commercial Communications – The transmission of commercial communication with the use of computer system which seek to advertise sell, or offer for sale products and services are prohibited unless:
(1) There is prior affirmative consent from the recipient;
or
(ii) The primary intent of the communication is for service and / or administrative announcements from the sender to its existing users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages (opt-out) from the same source;
(bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and
(cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.
(4) Libel. – The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended committed through a computer system or any other similar means which may be devised in the future.
Section 5. Other Offenses – The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime – Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.
Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act. Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.
Section 7. Liability under Other Laws. – A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.
Chapter III
PENALTIES
Section 8. Penalties. – Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred or both.
Any person found guilty of any of the punishable acts under Sections 4(a)(5) shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (P500,000) or both.
If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos (P500,000) up to a maximum amount commensurate to the damage incurred or both, shall be imposed.
Any person found guilty of any of the punishable acts enumerated in Sections 4(c)(1) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (P200,000) but not exceeding One million pesos (P1,000,000) or both.
Any person found guilty of any of the punishable acts enumerated in Sections 4(c)(2) of this Act shall be punished with the penalties as enumerated in Republic Act 9775 or the “Anti-Child Pornography Act of 2009″; Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act 9775, if committed through a computer system.
Any person found guilty of any of the punishable acts enumerated in Sections 4(c)(3) shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (P50,000) but not exceeding Two hundred fifty thousand pesos (P250,000) or both.
Any person found guilty of any of the punishable acts enumerated in Sections 5 of this Act shall be punished with imprisonment of one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (P100,000) but not exceeding Five hundred thousand pesos (P500,000) or both.
Section 9. Corporate Liability. – When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within, based on: (a) a power of representation of the juridical person provided the act committed falls within the scope of such authority; (b) an authority to take decisions on behalf of the juridical person. Provided, That the act committed falls within the scope of such authority; or (c) an authority to exercise control within the juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos (P10,000,000).
If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the finds imposable in Section 7 up to a maximum of Five million pesos (P5,000,000).
The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.
Chapter IV
Enforcement and Implementation
Section 10. Law Enforcement Authorities. The National Bureau of Investigation and the Philippine National Police shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.
Section 11. Duties of Law Enforcement Authorities. To ensure that the technical nature of cybercrime and its prevention is given focus and considering the procedures involved for international cooperation, law enforcement authorities specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-operation, post operation, and investigation results and such other documents as may be required to the Department of Justice for review and monitoring.
Section 12. Real-time Collection of Traffic Data. – Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real time associated with specified communications transmitted by means of a computer system.
Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service, but not content, nor identities..
All other data to be collected or seized or disclosed will require a court warrant.
Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information.
The court warrant under this section shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and the showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated herein above has been committed, or is being committed, is about to be committed; (2) that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to the solution or, or to the prevention of any such crimes, and (3) that there are no other means readily available for obtaining such evidence.
Section 13. Preservation of Computer Data. The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum of six (6) months period from the date of the transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation.
Law enforcement authorities may order a one-time extension of another six (6) months. Provided, That once computer preserved, transmitted or stored by service provided is used as evidence in a case, the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer until the termination of the case.
The service provider ordered to preserve computer data shall keep confidential the order and its compliance.
Section 14. Disclosure of Computer Data. – Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic data or relevant data in his / its possession or control within seventy-two (72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation.
Section 15. Search, Seizure, Examination of Computer Data. – Where a search and seizure warrant is properly issue, the law enforcement authorities shall likewise have the following powers and duties.
Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:
(a) To secure a computer system or a computer data storage medium.
(b) To make and retain a copy of those computer data secured.
(c) To maintain the integrity of the relevant stored computer data.
(d) To conduct forensic analysis or examinations of the computer data storage medium; and
(e) To render inaccessible or remove those computer data in the accessed computer or computer and communications network.
Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information to enable the undertaking of the search, seizure and examination.
Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court.
Section 16. Custody of Computer Data. All computer data, including content and traffic data, examined under a proper warrant shall, within forty-eight (48) hours after the expiration of the period fixed therein, be deposited with the court in a sealed package, and shall be accompanies by an affidavit of the law enforcement authority executing it stating the dates and times covered by the examination, and the law enforcement authority who access the deposit, among other relevant data. The law enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the package deposited with the court. The package so deposited shall not be opened or the recordings replayed, or used in evidence, or their contents revealed, except upon order of the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded.
Section 17. Destruction of Computer Data. Upon expiration of the periods as provided in Sections 13 and 15, service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of a preservation and examination.
Section 18. Exclusionary Rule. – Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court or tribunal.
Section 19. Restricting or Blocking Access to Computer Data. – When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data.
Section 20. Non-compliance. Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of Presidential Decree No. 1829 with imprisonment of prision correccional in its maximum period or a fine of One hundred thousand pesos (P100,000) or both for each and every non-compliance with an order issued by law enforcement authorities.
Chapter V
Jurisdiction
Section 21. Jurisdiction. The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situation in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.
There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.
Chapter VI
International Cooperation
Section 22. General Principles Relating to International Cooperation. – All relevant international instruments on international cooperation in criminal maters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal offense shall be given full force and effect.
Chapter VII
Competent Authorities
Section 23. Department of Justice (DOJ). There is hereby created an Office of Cybercrime within the DOJ designated as the central authority in all matters relating to international mutual assistance and extradition.
Section 24. Cybercrime Investigation and Coordinating Center (CICC). There is hereby created, within thirty (30) days from the effectivity of this Act, an inter-agency body to be known as the Cybercrime Investigation and Coordinating Center (CICC), under the administrative supervision of the Office of the President, for policy coordination among concerned agencies and for the formulation and enforcement of the national cybersecurity plan.
Section 25. Composition. The CICC shall be headed by the Executive Director of the Information and Communications Technology Office under the Department of Science and Technology as Chairperson with the Director of the NBI as Vice Chairperson; the Chief of the PNP, Head of the DOJ Office of Cybercrime; and one (1) representative from the private sector and academe, as members. The CICC shall be manned by a secretariat of selected existing personnel and representatives from the different participating agencies.
Section 26. Powers and Functions. – The CICC shall have the following powers and functions:
(a) To formulate a national cybersecurity plan and extend immediate assistance for the suppression of real-time commission of cybercrime offenses through a computer emergency response team (CERT).
(b) To coordinate the preparation of appropriate and effective measures to prevent and suppress cybercrime activities as provided for in this Act;
(c) To monitor cybercrime cases being handled by participating law enforcement and prosecution agencies.
(d) To facilitate international cooperation on intelligence, investigations, training, and capacity building related to cybercrime prevention, suppression, and prosecution.
(e) To coordinate the support and participation of the business sector local government units and non-government organizations in cybercrime prevention programs and other related projects.
(f) To recommend the enactment of appropriate laws, issuances, measures, and policies.
(g) To call upon any government agency to render assistance in the accomplishment of the CICC’s mandated tasks and functions.
(h) To perform all other matters related to cybercrime prevention and suppression, including capacity building and such other functions and duties as may be necessary for the proper implementation of this Act.
Chapter VIII
FINAL PROVISIONS
Section 27. Appropriations. - The amount of Fifty mission pesos (P50,000,000) shall be appropriated annually for the implementation of this Act.
Section 28. Implementing Rules and Regulations. – The ICTO-DOST, the DOJ, and the Department of Interior and Local Government (DILG) shall jointly formulate the necessary rules and regulations within ninety (90) days from approval of this Act, for its effective implementation.
Section 29. Separability Clause. If any provision of this Act is held invalid, the other provisions not affected shall remain in full force and effect.
Section 30. Repealing Clause. All laws, decrees or rules inconsistent with this Act are hereby repealed or modified accordingly. Section 33(a) of Republic Act 8792 or Electronic Commerce Act is hereby modified accordingly.
Section 31. This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House
of Representatives
(Sgd.) JUAN PONCE ENRILE
President of the Senate
This Act which is a consolidation of Senate Bill No. 2796 and House Bill No. 5808 was finally passed by the Senate and the House of Representatives on June 5, 2012 and June 4, 2012 respectively.
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives
(Sgd.) EMMA LIRIO-REYES
Secretary of the Senate
Approved: September 12, 2012
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines
Secretary General
House of Representatives
(Sgd.) EMMA LIRIO-REYES
Secretary of the Senate
Approved: September 12, 2012
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines
Source: http://www.gov.ph/2012/09/12/republic-act-no-10175
Picture: CIO and from the net
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