Ra 10175 Irr
Ra 10175 Irr
Ra 10175 Irr
Section 2. Declaration of Policy. The b) Act refers to Republic Act No. 10175
State recognizes the vital role of or the Cybercrime Prevention Act of
information and communications 2012;
industries, such as content production,
telecommunications, broadcasting, c) Alteration refers to the modification
electronic commerce and data or change, in form or substance, of an
processing, in the States overall social existing computer data or program;
and economic development.
d) Central Authority refers to the DOJ
The State also recognizes the Office of Cybercrime;
importance of providing an environment
conducive to the development, e) Child Pornography refers to the
acceleration, and rational application unlawful or prohibited acts defined and
and exploitation of information and punishable by Republic Act No. 9775 or
communications technology to attain the Anti-Child Pornography Act of
free, easy, and intelligible access to 2009, committed through a computer
exchange and/or delivery of information; system: Provided, that the penalty to be
and the need to protect and safeguard imposed shall be one (1) degree higher
the integrity of computer, computer and than that provided for in Republic Act
communications systems, networks and No. 9775;
f) Collection refers to gathering and l) Computer system refers to any
receiving information; device or group of interconnected or
related devices, one or more of which,
g) Communication refers to the pursuant to a program, performs
transmission of information through automated processing of data. It covers
information and communication any type of device with data processing
technology (ICT) media, including voice, capabilities, including, but not limited to,
video and other forms of data; computers and mobile phones. The
device consisting of hardware and
h) Competent Authority refers to either software may include input, output and
the Cybercrime Investigation and storage components, which may stand
Coordinating Center or the DOJ Office alone or be connected to a network or
of Cybercrime, as the case may be; other similar devices. It also includes
computer data storage devices or
i) Computer refers to an electronic, media;
magnetic, optical, electrochemical, or
other data processing or m) Content Data refers to the
communications device, or grouping of communication content of the
such devices, capable of performing communication, the meaning or purport
logical, arithmetic, routing or storage of the communication, or the message
functions, and which includes any or information being conveyed by the
storage facility or equipment or communication, other than traffic data.
communications facility or equipment
directly related to or operating in n) Critical infrastructure refers to the
conjunction with such device. It covers computer systems, and/or networks,
any type of computer device, including whether physical or virtual, and/or the
devices with data processing computer programs, computer data
capabilities like mobile phones, smart and/or traffic data that are so vital to this
phones, computer networks and other country that the incapacity or destruction
devices connected to the internet; of or interference with such system and
assets would have a debilitating impact
j) Computer data refers to any on security, national or economic
representation of facts, information, or security, national public health and
concepts in a form suitable for safety, or any combination of those
processing in a computer system, matters;
including a program suitable to cause a
computer system to perform a function, o) Cybersecurity refers to the collection
and includes electronic documents of tools, policies, risk management
and/or electronic data messages approaches, actions, training, best
whether stored in local computer practices, assurance and technologies
systems or online; that can be used to protect the cyber
environment, and organization and
k) Computer program refers to a set of users assets;
instructions executed by the computer to
achieve intended results; p) National Cybersecurity Plan refers
to a comprehensive plan of actions
designed to improve the security and transmitted, stored, processed, retrieved
enhance cyber resilience of or produced electronically;
infrastructures and services. It is a top-
down approach to cybersecurity that v) Forensics refers to the application of
contains broad policy statements and investigative and analytical techniques
establishes a set of national objectives that conform to evidentiary standards,
and priorities that should be achieved and are used in, or appropriate for, a
within a specific timeframe; court of law or other legal context;
a. The obligations and liabilities of the iii. Any obligation imposed under any
parties under a computer data; law; or
b. The making, publication, iv. The civil liability of any party to the
dissemination or distribution of such extent that such liability forms the basis
computer data or any statement made in for injunctive relief issued by a court
such computer data, including possible under any law requiring that the service
infringement of any right subsisting in or provider take or refrain from actions
in relation to such computer necessary to remove, block or deny
data: Provided, That: access to any computer data, or to
preserve evidence of a violation of law.
1. The service provider does not
have actual knowledge, or is not RULE 4
aware of the facts or Jurisdiction
circumstances from which it is
apparent, that the making, Section 21. Jurisdiction. The
publication, dissemination or Regional Trial Court shall have
distribution of such material is jurisdiction over any violation of the
unlawful or infringes any rights provisions of the Act, including any
violation committed by a Filipino national on criminal matters, and arrangements
regardless of the place of commission. agreed on the basis of uniform or
Jurisdiction shall lie if any of the reciprocal legislation and domestic laws
elements was committed within the shall be given full force and effect, to the
Philippines, or committed with the use of widest extent possible for the purposes
any computer system that is wholly or of investigations or proceedings
partly situated in the country, or when by concerning crimes related to computer
such commission any damage is caused systems and data, or for the collection of
to a natural or juridical person who, at electronic evidence of crimes.
the time the offense was committed,
was in the Philippines. The DOJ shall cooperate and render
assistance to other contracting parties,
Section 22. Venue. Criminal action for as well as request assistance from
violation of the Act may be filed with the foreign states, for purposes of detection,
RTC of the province or city where the investigation and prosecution of
cybercrime or any of its elements is offenses referred to in the Act and in the
committed, or where any part of the collection of evidence in electronic form
computer system used is situated, or in relation thereto. The principles
where any of the damage caused to a contained in Presidential Decree No.
natural or juridical person took 1069 and other pertinent laws, as well
place: Provided, That the court where as existing extradition and mutual legal
the criminal action is first filed shall assistance treaties, shall apply. In this
acquire jurisdiction to the exclusion of regard, the central authority shall:
other courts.
a. Provide assistance to a requesting
Section 23. Designation of State in the real-time collection of traffic
Cybercrime Courts. There shall be data associated with specified
designated special cybercrime courts communications in the country
manned by specially trained judges to transmitted by means of a computer
handle cybercrime cases. system, with respect to criminal offenses
defined in the Act for which real-time
Section 24. Designation of Special collection of traffic data would be
Prosecutors and Investigators. The available, subject to the provisions of
Secretary of Justice shall designate Section 13 hereof;
prosecutors and investigators who shall
comprise the prosecution task force or b. Provide assistance to a requesting
division under the DOJ-Office of State in the real-time collection,
Cybercrime, which will handle recording or interception of content data
cybercrime cases in violation of the Act. of specified communications transmitted
by means of a computer system, subject
RULE 5 to the provision of Section 13 hereof;
International Cooperation
c. Allow another State to:
Section 25. International
Cooperation. All relevant international
instruments on international cooperation
1. Access publicly available stored v. That the requesting State shall submit
computer data located in the a request for mutual assistance for the
country or elsewhere; or search or similar access, seizure or
2. Access or receive, through a similar securing, or disclosure of the
computer system located in the stored computer data.
country, stored computer data
located in another country, if the 2. Upon receiving the request from
other State obtains the lawful and another State, the DOJ and law
voluntary consent of the person enforcement agencies shall take all
who has the lawful authority to appropriate measures to expeditiously
disclose the data to said other preserve the specified data, in
State through that computer accordance with the Act and other
system. pertinent laws. For the purposes of
responding to a request for
d. Receive a request of another State preservation, dual criminality shall not
for it to order or obtain the expeditious be required as a condition;
preservation of data stored by means of
a computer system located within the 3. A request for preservation may only
country, relative to which the requesting be refused if:
State shall submit a request for mutual
assistance for the search or similar i. The request concerns an offense that
access, seizure or similar securing, or the Philippine Government considers as
disclosure of the stored computer a political offense or an offense
data: Provided, That: connected with a political offense; or