CLJ REVIEWER- CRIMINAL PROCEDURE AND COURT TESTIMONY

CRIMINAL PROCEDURE- IS A CRIMINAL PROCESS, METHODS PRECRIBED

BY LAW FOR THE APPREHENSION AND PROSECUTION OF ANY CRIMINAL
OFFENSEN.
JURISDICTION ( I SPEAK BY THE LAW) - The power & authority of the Court to
try to hear and decide to cases. ( For example in a raped case that is punishable
of reclusion perpetua ang may jurisdiction dyan ay ang regional trial court
because the Regional Trial Court (RTC) has the jurisdiction about the penalty of
6 years and up.)
SOURCERS OF CRIMINAL PROCEDURE (RCLCPED)
1. RULES 110-127 of the revised rules of court
2. 1987 CONSTITUTION particularly those under rights of an accused under
article III
3. Various acts passed by LEGISLATURE
4. CIVIL code ( Arts. 32,33 and 34)
5. PRESIDENTIAL Decrees (P.D)
6. EXECUTIVE Orders
7. DECISIONS of the SUPREME COURT
Kinds of Jurisdiction (GOALEC)
1. General- all disputes ( Walang pinili lahat ng case pwede ifile)
2. Original- First time ( Kung saan unang isinampa ang kasu sila ang may
original jurisdiction for example unang na file sa MTC for the crime of slight
physical injury bago iakyat ang case sa RTC ang original na may jurisdiction ay
ang MTC)
3. Apellate- Elevated ( Umakyat ang case for example galing sa MTC and
inakyat papuntang RTC, lower court to higher court)
4. Limited- Specific Cases
5. Exclusive- Inherent ( Sa Sandigang bayan automatic for graft and corruption
lang ang kanyang inherent power)
6. Concurrent- 2 courts, Exercised by different courts at the same time over the
same subject matter within the same territory. ( Pwedeng dalawang korte ang
humawak sa isang case or pwedeng pagsabayin sa dalwang court)
Special Jurisdiction- Those which have only a jurisdiction particular purpose or
are clothed with special powers for the performance of specified duties beyond
which they have no authority of any kind.
Requisites for the Exercise of Criminal Jurisdiction
- As to the acquisition of jurisdiction in criminal cases, there are three (3)
important requisites which should be satisfied, to wit: (1) the court must have
jurisdiction over the subject matter; (2) the court must have jurisdiction over the
territory where the offense was committed; and, (3) the court must have
jurisdiction over the person of the accused.
How jurisdiction aquired (SPP)
1. Subject Matter/Issue- For example kung theft ba or murder kung saan pupunta
sa MTC or RTC.
2. Person- Arrested and Voluntarily surrendered.
3. Place- of the commission ( Gen Rule to determine the jurisdiction. Where the
crime took place)
System of Criminal Procedure in the Philippines (AIM)
1. Accusatorial- You accused a person and then filed a complaint.
2. Inquisitorial- Inquiry is secret where violence is used to extract confession
3. Mixed- Combination of A.I., you file a complaint and then the fiscal will conduct
Preliminary Investigation to determine if there is a probable cause.( used in the
Phils.)
Supreme Court (SEC 4 , Art. VIII PC)- 15 justices and 1 Chief justice & 14
associate justice. Currently chief justice is Alexander G. Gesmundo 27th chief
justice of SC.
- Ang Supreme Court ng Pilipinas ay ang pinakamataas na hukuman ng bansa
at may malawak na hurisdiksiyon. Gaya ng Court of Appeals, may tatlong
pangunahing uri ng hurisdiksiyon ito: exclusive original, concurrent, at
appellate jurisdiction.
The Supreme Court has both original and appellate jurisdiction. It exercises
original jurisdiction (cases are directly filed with the SC in the first instance
without passing through any of the lower courts) over cases affecting
ambassadors, other public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus. (Art. VIII, §5(1)). It
also has original jurisdiction over writs of amparo, habeas data and the
environmental writ of kalikasan.
1. Exclusive Original Jurisdiction: Ang Supreme Court ay may
kapangyarihang dinggin at resolbahin ang ilang mga kaso na direkta lamang sa
Korte Suprema maaaring ihain. Halimbawa:
 a) Mga kaso ng certiorari, prohibition, at mandamus laban sa mga
hukuman o opisyal ng gobyerno, kasama na ang mga korte ng mas
mababang antas at iba pang constitutional bodies.
b) Mga petisyon para sa writ of amparo, writ of habeas data, at writ of
kalikasan.
c) Impeachment cases laban sa mga matataas na opisyal ng gobyerno,
kabilang ang Pangulo, Bise Presidente, mga mahistrado ng Supreme
Court, mga commissioner ng Constitutional Commissions, at ang
Ombudsman.
2. Concurrent Jurisdiction
Ang Supreme Court ay may kapangyarihang dinggin ang ilang kaso nang sabay
sa ibang mga korte, gaya ng Court of Appeals at Regional Trial Courts. Ibig
sabihin, maaaring ihain ang mga kasong ito sa alinmang korte na may
concurrent jurisdiction. Halimbawa:
A) Mga petisyon para sa writ of habeas corpus at iba pang writs na layong
protektahan ang mga karapatang pantao.
B) Mga petisyon para sa writ of amparo at writ of habeas data, kung saan
ang Supreme Court, Court of Appeals, at RTC ay may kaparehong
hurisdiksiyon.
3. Appellate Jurisdiction
Ang pangunahing tungkulin ng Supreme Court ay ang pagsusuri ng mga
desisyon ng mas mababang hukuman at ibang judicial bodies sa pamamagitan
ng appellate jurisdiction. Forda halimbawa:
a) Mga apela mula sa Court of Appeals, Court of Tax Appeals,
Sandiganbayan, at iba pang mga hukuman.
b) Mga review ng mga kaso na nagmula sa mga desisyon ng Regional
Trial Courts at mga quasi-judicial bodies.
c) Mga kasong involving the constitutionality ng mga batas o regulasyon,
lalo na kung kinikwestiyon ang interpretasyon o aplikasyon ng batas.

Court of Appeals ( Batas Pambansa Bilang 129 also known as “The

Judiciary Reorganization act of 1980)- 69 justices and 1 Presiding judge, 68
associates justices. Ang pangunahing layunin nito ay magbigay ng hustisya sa
pamamagitan ng pag-apela at pagsusuri ng mga desisyon mula sa mas
mababang korte.
The Court of Appeals’ principal mandate is to exercise appellate jurisdiction on all
cases not falling within the original and exclusive jurisdiction of the Supreme
Court. Its decisions are final except when appealed to the Supreme Court on
questions of law. The jurisdiction of the Court of Appeals are as follows:
1. Exclusive Original Jurisdiction: May kapangyarihan ang Court of Appeals
na direktang dinggin at resolbahin ang mgakaso na hindi maaaring dinggin ng
iba pang korte. Halimbawas:
a) Petisyon para sa mga writs tulad ng writ of amparo, writ of habeas
data, at writ of kalikasan.
b) Mga kaso ng certiorari, prohibition, at mandamus laban sa mga
korte o tribunal at iba pang quasi-judicial bodies, maliban sa Korte
Suprema.

Concurrent Jurisdiction: Ibinabahagi nito ang hurisdiksiyon nito sa ibang korte,

tulad ng Regional Trial Courts (RTC) at Supreme Court, sa ilang mga kaso.
Halimbawa:
a) Mga petisyon para sa mga writ of habeas corpus.
b) Mga petisyon para sa mga writ of amparo at habeas data (kasama
ng Korte Suprema at RTC).
Appellate Jurisdiction: Pinakamalaking bahagi ng trabaho ng Court of Appeals
ang pagiging appellate court, kung saan nire-review nito ang mga kaso mula sa
mas mababang korte. Mga halimbawa ng mga kaso na dinadala sa CA:
a) Mga apela mula sa Regional Trial Courts (RTC), lalo na sa mga
criminal at civil cases.
b) Mga desisyon ng mga quasi-judicial agencies tulad ng National
Labor Relations Commission (NLRC), Civil Service Commission
(CSC), at iba pa.

SANDIGANBAYAN (SPECIAL COURT ESTABLISHED UNDER P.D. NO. 1606)

– 1 presiding justice and 14 associates justices. Isang espesyal na korte sa
Pilipinas na may pangunahing layunin na maglitis at magpasya sa mga kasong
may kinalaman sa katiwalian, korapsyon, at iba pang mga paglabag na ginawa
ng mga pampublikong opisyal at empleyado, kasama ang mga kasong graft and
corruption.
- Violation of R.A. 3019 (Anti Graft and Corrupt practices act) and other offenses
committed by public officers and employees in connection with the performance
of their function or the so called service connected duties.
- RA 1379 ( Unexplained wealth)
- Salary grade of 27 up
the Sandiganbayan has exclusive original jurisdiction over petitions for the
issuance of the writs of mandamus, prohibition, certiorari, habeas corpus,
injunctions, and other ancillary writs and processes in aid of its appellate
jurisdiction and over petitions of similar nature, including quo warranto, arising or
that may arise in cases filed or which may be filed under Executive Order Nos. 1,
2, 14 and 14-A, issued in 1986; Provided, that the jurisdiction over these petitions
shall not be exclusive of the Supreme Court.
REGIONAL TRIAL COURT (RTC) FORMER NAME: COURT OF THE FIRST
INSTANCE ( Second Level Court)-
1. Exclusive Original Jurisdiction
Ang hurisdiksiyong ito ay tumutukoy sa mga kasong direktang isinasampa at
sinisimulan sa RTC. Kasama rito ang mga sumusunod: (Kupal ka bossing
madami ka pa babasahin haha)
Mga Kasong Kriminal:
a) Mga kaso na may parusang pagkabilanggo ng higit sa anim (6) na
taon: Kasama ang mga seryosong krimen tulad ng murder, homicide,
rape, robbery, at serious illegal detention.
b) Mga kaso ng graft and corruption: Kung ang mga nasasakdal ay hindi
sakop ng hurisdiksyon ng Sandiganbayan.
c) Drug-related cases: Sa ilalim ng Comprehensive Dangerous Drugs Act
(RA 9165), partikular sa mga malalaking kaso tulad ng manufacturing o
trafficking.
Mga Kasong Sibil:
a) Mga kasong sibil na ang halaga ng kontrobersiya ay higit sa P300,000 (sa
labas ng Metro Manila) o P400,000 (sa loob ng Metro Manila).
b) Annulment of marriage, legal separation, at declaration of nullity of
marriage.
 c) Mga usapin sa ownership o mga dispute sa real property: Kung ang
halaga ay lumalagpas sa threshold na itinakda para sa mga mababang
korte.
Appellate Jurisdiction
Ang RTC ay may kakayahan ding mag-review at magpasya sa mga kaso na
inapela mula sa mga mas mababang korte tulad ng:
a) Municipal Trial Courts (MTC), Municipal Circuit Trial Courts (MCTC), at
Metropolitan Trial Courts (MeTC):
b) Ang RTC ang nagre-review ng mga desisyon mula sa mga korteng ito para sa
parehong sibil at kriminal na kaso.
Special Jurisdiction Ang RTC ay maaaring magtaglay ng special jurisdiction sa
ilalim ng mga itinakdang batas o utos mula sa Korte Suprema:
a) Family Courts: Ang ilang RTC branches ay inatasang humawak ng mga kaso
ng adoption, custody of minors, domestic violence, at iba pang usaping may
kinalaman sa pamilya. b)Environmental Courts: Itinalaga ang ilang RTC
branches upang dinggin ang mga kaso na may kinalaman sa paglabag sa
environmental laws. Etc. madami dikona sinama dalawa lng hahaha.
COURT OF TAX APPEALS: Ang CTA ay may tungkuling magresolba ng mga
alitan at isyu tungkol sa buwis, kabilang na ang mga desisyon ng Bureau of
Internal Revenue (BIR), Bureau of Customs, at mga lokal na pamahalaan.
Layunin nitong magbigay ng patas na hatol sa mga kaso kaugnay ng
pangongolekta, refund, at assessment ng buwis.
1. Exclusive Original Jurisdiction: Ang CTA ay may kapangyarihang direktang
dinggin at resolbahin ang mga sumusunod na kaso:
a) Mga apela mula sa desisyon ng Commissioner of Internal Revenue
(CIR) kaugnay ng pangongolekta ng buwis, mga refund, o tax liabilities.
b) Mga desisyon ng Commissioner of Customs kaugnay ng import duties,
fees, o iba pang singil na ipinataw ng Bureau of Customs.
c) Mga kaso na kinasasangkutan ng mga desisyon ng mga lokal na
pamahalaan tungkol sa mga local taxes na ipinataw ng mga lungsod o
probinsya.
d) Mga kaso tungkol sa prescription ng mga buwis, gaya ng mga hindi
pagkilala sa mga karapatan ng mga nagbabayad ng buwis o ang pag-
demand ng mga hindi nararapat na buwis.
2. Appellate Jurisdiction: Bilang appellate court, ang CTA ay may hurisdiksiyon
sa mga apela mula sa mga sumusunod:
a) Desisyon ng Regional Trial Court (RTC) sa mga kasong buwis.
b) Desisyon ng Central Board of Assessment Appeals kaugnay sa real
property tax assessments.
c) Mga desisyon ng Secretary of Finance, Secretary of Trade and
Industry, at Secretary of Agriculture na may kinalaman sa pag-aaplay
ng batas sa buwis.
d) Mga kaso na kaugnay ng Tariff and Customs Code, na kinasasangkutan
ng mga isyu sa pag-import o pag-export ng mga kalakal.

MUNICIPAL TRIAL COURT (MTC) FORMERLY KNOW AS INFERIOR COURT (

First Level Court)
1. Exclusive Original Jurisdiction: Ang hurisdiksiyong ito ay tumutukoy sa mga
kaso na direkta at eksklusibong isinasampa sa MTC. Hhalimbawa:
Mga Kasong Kriminal:
Mga kasong kriminal na may parusang pagkabilanggo ng hanggang anim
(6) na taon: Kasama rito ang mga light felonies at less serious crimes gaya ng:
Slight physical injuries, Slander (paninirang-puri) Light threats o iba pang
uri ng mababang kaso.
- All cases of damage of property through criminal negligence.
Special Jurisdiction: Ang MTC ay may espesyal na hurisdiksyon sa ilang
partikular na uri ng mga kaso sa ilalim ng batas o kautusan mula sa mas mataas
na hukuman:
a) Barangay Conciliation Proceedings: Ang MTC ay may espesyal na
hurisdiksyon sa pag-review ng mga kaso mula sa barangay conciliation na
hindi nareresolba sa barangay level, alinsunod sa Katarungang
Pambarangay Law.
b) Election Cases: May kapangyarihan ding dinggin ng MTC ang mga kaso
na may kinalaman sa paglabag sa mga lokal na batas panghalalan sa mga
munisipalidad at lungsod, partikular sa mga usapin tulad ng mga kaso ng
illegal campaigning o vote-buying sa kanilang nasasakupan. Etc.
- RTC AND MTC CREATED BY SEC. 25 BATAS PAMBANSA BLG.
129
SUMMARY PROCEDURE- Procedure wherein the court decides the case
through evidence and affidavits presented by the parties ( No trial and hearing).
Covered of summary procedure: Violations of traffic laws, rules and regulations,
Violation of rental laws, Violation of Municipal ordinances, All criminal cases not
exceeding 6 months, Damage to property through criminal negligence imposable
fine does not exceed ten thousand pesos.
METROPOLITAN TRIAL COURT (MeTC)
- The MeTCs are the first level courts in the Metropolitan Manila area. First level
courts in cities outside Metropolitan Manila are referred to as the MTCCs. The
MTCs are first level courts that cover only one municipality, whereas MCTCs
cover multiple municipalities. ( Mga pangunahing lungsod sa Metro Manila at
ilang urbanized na lugar. Ang MeTC ay katumbas ng Municipal Trial Courts
(MTC) at Municipal Trial Court in Cities (MTCC), ngunit ito ay eksklusibo sa mga
NCR na area o metropolitan.)

MUNICIPAL TRIAL COURT IN CITIES (MTCC)

- ANG TAWAG SA MTC SA CITIES AY MUNICIPAL TRIAL COURT IN CITIES
DAHIL YUNG COURT AY NASA LUNGSOD O kupal CITY.
MUNICIPAL CIRCUIT TRIAL COURT ( MCTC)- Ang MCTC ay karaniwang
nagsisilbi sa dalawa o higit pang magkakalapit na bayan o munisipalidad, na
tinatawag na "circuit," kaya ito tinawag na "Municipal Circuit Trial Court." for
example sa concepcion uno at dos mayroon lamang silang isang korte doon ang
tawag doon ay MUNICIPAL CIRCUIT TRIAL COURT for example nangyari yung
krimen sa concepcion uno pero ang venue ng MCTC ay nasa concepcion dos
doon gaganapin ang trial ket ang krimen ay nangyari concepcion UNO.
There is a Metropolitan Trial Court in each metropolitan area established by law,
a Municipal Trial Court in each of the other cities or municipalities and a
Municipal Circuit Trial Court in each circuit comprising such cities and/or
Municipalities grouped together pursuant to law. (Sec. 25, Batasang Pambansa
Blg. 29)
Preliminary Investigation- It is an inquiry or proceeding to determine whether
there is sufficient ground to engender a well- founded belief that crime has been
committed and the respondent is probably guilty thereof, should held for trial.
- It is only required to have preliminary investigation to offense of an
imprisonment atleast 4YRS AND 2MONTHS AND 1 DAY.
SHARI’AH DISTRICT COURTS- The Shari’a District Courts are equivalent to the
Regional Trial Courts in rank, which were established in certain provinces in
Mindanao where the Muslim Code on Personal Laws is being enforced. On the
other hand, the Shari’a Circuit Courts are the counterpart of the Municipal Circuit
Trial Courts established in certain municipalities in Mindanao. ( Ang
pangunahing layunin ng Shari'ah District Courts sa Pilipinas ay maglapat
ng mga batas na nakabatay sa Shari'ah o Islamic law para sa mga Muslim,
partikular sa mga lugar na sakop ng Muslim Mindanao o ARMM
(Autonomous Region in Muslim Mindanao). Ang mga korte na ito ay bahagi
ng hudikatura ng Pilipinas at nilikha upang magbigay ng serbisyong legal
na naaayon sa pananampalatayang Islam, lalo na sa mga usaping
pampamilya, tulad ng kasal, diborsiyo, pagmamana, at pangangalaga sa
bata.)

Exclusive Original- a) Custody, Guardianship, legitimacy, paternity and filiation;

b) Disposition , Distribution and settlement of the state of
deceased muslims,
probate of wills, issuances of letters of administration or
appointment of
administrators or executors regardless of the nature or
the aggregate value of property.
Original ( Concurrent with Existing Civil Courts)
a) Petitions by muslims for the constitution of a familiy home, change of name
and commitment of an issue of an insane person to an asylum.
b) All other personal and real actions where in the parties involved are muslims
except those for forcible entry and unlawful detainer cases.
c) All special civil actions for interpleader or declatory relief wherein the parties
are Muslims of the property involved belongings exclusively to Muslims.
Shari’a Appellate Court
Jurisdiction: Ang Shari’a Appellate Court ay hindi pa aktwal na naitatatag,
ngunit ayon sa batas, ito ay may appellate jurisdiction sa mga desisyon ng
Shari’a District Courts. Kapag naitatag na ito, magiging pinakamataas na
hukuman ito sa mga kaso na may kinalaman sa Shari’a law, bago umakyat ang
kaso sa Korte Suprema para sa final review.
a) Sinusuri nito ang mga apela sa mga kasong nauukol sa mga
batas ng Islam at ang interpretasyon ng personal na batas ng
mga Muslim sa bansa.
-The Shari’a District Courts shall decide every case appealed to it on the basis
of the evidence and records transmitted as well as such memoranda, briefs or
oral arguments as the parties may submit.[
SHARI’AH CIRCUIT DISTRICT COURTS - Ang pangunahing pagkakaiba ng
Shari'ah District Courts at Shari'ah Circuit Courts sa Pilipinas ay ang kanilang
hurisdiksyon, antas ng kapangyarihan, at uri ng mga kasong hinahawakan nila.
ang Shari'ah District Courts ang humahawak ng mas mataas na antas at mas
komplikadong mga kaso kumpara sa Shari'ah Circuit Courts, na nakatuon sa
mas simpleng mga isyu sa ilalim ng Shari'ah law.
Exclusive Original- 1. All cases involving offenses defined and punished under
this code of Muslims Personal Laws.
2. All civil actions and proceedings between parties who are Muslims or have
been married in accordance with Article 13, involving disputes relating to:
2.1. Marriage;
2.2. Divorce recognized under the Code of Muslim Personal Laws of the
Philippines;
2.3. Betrothal or breach of contract to marry;
2.4. Customary dower (mahr);
2.5. Disposition and distribution of property upon divorce;
2.6. Maintenance and support, and consolatory gifts (mut’a); and
2.7. Restitution of marital rights.
3. All cases involving disputes relative to communal properties.
SPECIAL RULES OF PROCEDURE

FOR SHARI’A COURTS

A. GENERAL PROCEDURE
1. COMMENCEMENT OF ACTION (Da’Wa)

All actions and proceedings in the Shari’a Court shall be commenced by

complaint which shall be prepared at least in triplicate by the
plaintiff (mudda’i) or his counsel (wakil) or by the Clerk of Court.[14]
2. COMPLAINT

The complaint shall contain:

2.1. The title of the case, the case number assigned to it, and the date of filing;
2.2. The name and address of the plaintiff and/or his counsel, and the name and
address of the defendant (mudda’ aalaí); and
2.3. A concrete statement of the cause of action and the relief prayed for.[15]

1. SERVICE OF SUMMONS

Summons, together with the copy of the complaint, shall be served

upon the defendant.[16]
2. ANSWER

The defendant shall file an answer within ten (10) days from receipt
of the summons either personally or by counsel, or with the
assistance of the Clerk of Court.[17]
3. FAILURE TO ANSWER

Should the defendant fail to answer the complaint within ten (10)
days from service, the Court shall proceed to receive the
evidence ex-parte upon which judgment shall be rendered.[18]
4. PRE-TRIAL[19]
6.1. Not later than thirty (30) days after the answer is filed, the case shall be
calendared for pre-trial. Should the parties fail to arrive at an amicable
settlement (Sulh), the Court shall clarify and define the issues of the case which
shall be set forth in a pre-trial order.

6.2. Within ten (10) days from receipt of such order, the parties or counsels shall
forthwith submit to the Court the statement of witnesses (shuhud) and other
evidence (bayyina) pertinent to the issues so clarified and defined, together with
the memoranda setting forth the law and the facts relied upon by them.

6.3. Should the Court find, upon consideration of the pleadings, evidence and
memoranda, that a judgment may be rendered without need of a formal hearing,
the Court may do so within fifteen (15) days from the submission of the case for
decision.
5. HEARING OR TRIAL[20]
7.1. The plaintiff (mudda’i) has the burden of proof, and the taking of an
oath (yamin) rests upon the defendant (mudda’ aalai’). If the plaintiff has no
evidence to prove his claim, the defendant shall take an oath and judgment shall
be rendered in his favor by the Court. Should the defendant refuse to take an
oath, the plaintiff shall affirm his claim under oath in which case judgment shall
be rendered in his favor. Should the plaintiff refuse to affirm his claim under oath,
the case shall be dismissed.

7.2. If the defendant admits the claim of the plaintiff, judgment shall be rendered
in his favor by the Court without further receiving evidence.

7.3. If the defendant desires to offer defense, the party against whom judgment
would be given on the pleadings and admissions made, if no evidence was
submitted, shall have the burden to prove his case. The statements submitted by
the parties at the pre-trial shall constitute the direct testimonies of the witnesses
as basis for cross-examination.
6. JUDGMENT[21]
8.1. The judgment shall be rendered within fifteen (15) days from the
termination of the trial, or disposition of the case, should there be no formal trial
or hearing.

8.2. The judgment shall become final and executory upon the expiration of the
period to appeal. Once the judgment becomes final and executory, the
Court motu proprio shall immediately issue the writ of execution for the
satisfaction of the judgment.
7. APPEAL

An appeal shall be made by filing notice of appeal addressed to the

Court and by paying the docket fee within fifteen (15) days from
receipt of judgment.

9.1. Appeal to the Shari’a District Court

Within five (5) days from the perfection of the appeal, the Clerk of Court shall
transmit the records to the appropriate appellate court.[23]

9.2. Appeal to the Supreme Court

Upon receipt of the original records, transcripts and exhibits, the Clerk of Court of
the Shari’a District Court shall notify the parties of such fact.[24]
WRITS OF CERTIORARI ( TO BE INFORMED)- A PETITION FOR
CERTIORARI IS ONE BY WHICH A LOSING PARTY TO A CASE ASK A
HIGHER COURT TO REVIEW THE DECISION OF LOWER COURT.
PROHIBITON- PAGBABAWAL
MANDAMUS- TO PERFORM OR TO RULE SOME ISSUE FOR EXAMPLE
YUNG JUDGE NA HAHAWAK NG CASE MAY PERSONAL CONNECTION TO
THE CASE OR TO THE PARTICIPANT OF THE CASE (KAPATID, KAPAMILYA)
AYUN ANG NIRERELEASE NG COURT TO REMOVE THE JUDGE FROM THE
CASE PARA MAIWASAN ANG ABUSE OF DISCRETION.
QUO WARRANTO (ANO ANG KARAPATAN MO)- IT IS A PETITON MAY FILED
BY THE GOVERNMENT OR ANY INDIVIDUAL AGAINST A PERSON WHO
USUPRS OR UNLAWFULLY HOLDS AN OFFICE OR PUBLIC POSITION
(EXAMPLE DI NAMAN SYA ELECTED NG PEOPLE PERO NAKUIHA NYA
YUNG POSITION NYA)
WRIT OF HABEAS CORPUS- IT IS A PROTECTION AGAINST UNLAWFUL
AND INDEFINITE IMPRISONMENT , IF YOU ARE HELD ILLEGALLY .
WRIT OF AMPARO- Ang Writ of Amparo ay isang remedyo para sa mga biktima
ng pagkawala o pagbabanta ng kanilang karapatan sa buhay, kalayaan, o
seguridad. Karaniwang ginagamit ito sa mga kaso ng sapilitang pagkawala
(enforced disappearance) o extra-judicial killings.
WRIT OF HABEAS DATA- Ang Writ of Habeas Data ay isang remedyo na
nagpoprotekta sa karapatan ng isang indibidwal sa privacy ng
impormasyon. Ginagamit ito upang maitama o burahin ang mga maling
impormasyon na naglalagay sa panganib sa kalayaan, buhay, o seguridad ng
isang tao.
WRIT OF KALIKASAN- Ang Writ of Kalikasan ay isang legal na remedyo na
layong protektahan ang karapatan ng mamamayan sa malinis at balanseng
ekolohiya. Ginagamit ito laban sa mga indibidwal o entidad na nagdudulot ng
malaking pinsala sa kalikasan o ng mga aksyong lumalabag sa batas
pangkalikasan.
Source: Trust me bro
Cybercrime and Environmental Laws: From History of Cybercrime up to
Cybercrime Prevention Act of 2012.

Cybercrime -a crime that involves a computer and a network. -criminal activities

carried out by means of computers or the internet.
Cyber-refers to a computer or a computer network, the electronic medium in
which online communication takes place

Salient Historical Events

1834-first cyber attack in the world.-A couple of robbers hack the French
Telegraph System and steal information from the stock market. 1878- Early
Mobile Calls-young boys repeatedly and purposely misdirecting and
disconnecting customer calls of Bell Telephone Company two years after
Alexander Graham Bell invented the machine.
1969-RABBITS Virus-The University of Washington Data Center downloads a
program on a computer from an unknown user. The inconspicuous machine
creates copies of itself before the machine overloads and ceases running
breeding like a rabbit). It is known to be the FIRST VIRUS IN A COMPUTER.
1970-1995-Kevin Mitnick-penetrates some of the highest-guarded networks in
the world, including Nokia and Motorola, tricking insiders into handing codes and
passwords.
1981-First Cybercrime Conviction-lan Murphy, aka "Captain Zap," breaks
into the network of AT&T and alterations the internal clock at peak hours to
charge offhour prices.
1982-The Logic Bomb-The CIA blows up a Siberian gas pipeline by iniecting a
code into the network and the operating system to monitor the gas pipeline
without using a bomb or a missile.
1988-The Morris Worm-Robert Morris releases what on the Internet will be
considered the first worm. To show that the author is a student there, the worm is
released from a computer at MIT.
1989-Trojan Horse Program-A diskette that appears to be ap AIDS information
archive is mailed to a UK electronic journal to thousands of AIDS researchers
and subscribers.
1999-The Melissa Virus-A virus infects Microsoft Word records, transmitting
itself via email as an attachment automatically. It mails out to the first 50 names
mentioned in the Outlook email address box of an infected device
I love You Virus- sometimes referred to as Love Bug or Love Letter for you, is a
computer worm that infected over ten million Windows personal computers on
and after 5 May 2000. It started spreading as an email message with the subject
line "ILOVEYOU" and the attachment "LOVE-LETTER-FOR-YOU.TXT.ybs."
-created by Onel De Guzman
- Nagsimulang maranasan ng Pilipinas ang mga kaso ng cybercrime, at ang
pinakasikat na insidente ay ang "ILOVEYOU" virus noong 2000, na ginawa ng
isang Filipino programmer na si Onel de Guzman. Ang virus na ito ay mabilis na
kumalat sa buong mundo, na nagdulot ng bilyun-bilyong dolyar na pinsala. Sa
kabila ng laki ng epekto nito, walang sapat na batas ang Pilipinas para litisin ang
mga kasong may kaugnayan sa cybercrime noong panahong iyon, kaya nakita
ang pangangailangan ng mas tiyak na mga batas laban dito.

CDI 9: INTRODUCTION TO CYBERCRIME

“Ever since men began to modify their lives by using technology they have found
themselves in a series of technological traps”
Roger
Revelle What is Cyber Crime?
Cyber-crimes are essentially a combination of the elements of Computer
and Net Crime and can be best defined as "Offenses that are committed against
individuals or groups of individuals with a criminal motive to intentionally harm
the reputation of the victim or cause physical or mental harm to the victim
directly or indirectly using modem telecommunication networks such as the
Internet and mobile phones.
In its simplest definition, Cybercrime is criminal activity that either targets
or uses a computer, a computer network or a networked device.
What is Cyber Criminology?
Cyber Criminology is the study of causation of crimes that occur in the
cyberspace and its impact in the physical space (Jaishankar 2007).
General categories of Cyber Crime:
1. Computer as a Target
2. Computer as a weapon

History of Computer and Cybercrime

 • The computer as we know it today had its beginning on 19 th century.
English Mathematics Professor named Charles Babbage designed the
Analytical Engine and this design was used as basic framework of the
computers of today are based on.

• The first recorded cybercrime took place in the year 1820.

• The first person to be found guilty of cybercrime was Ian Murphy, also
known as Captain Zap, and that happened in the year 1981.

• The first unsolicited bulk commercial email was sent by a Digital

Equipment Corp marketing representative to every ARPANET (Advanced
Research Projects Agency Network) address on the west coast of the
United States on May 3, 1978. The message promoted the availability of a
new model of computer and was sent by Gary Thuerk to 393 recipients.
Take Note: Advanced Research Projects Agency Network (ARPANET) was the
first widearea packet-switching network with distributed control and one of the
first networks to implement the TCP/IP protocol suite. This technology became
the technical foundation of the Internet.
What is I Love You Virus?
I LOVE YOU virus, also known as a love bug virus, was a type of
computer virus that attacked billions of computers with windows operating
systems. It started the attack May 2000 from the Philippines. The virus spread
through internet network as an email attachment, with the subject line as
“ILOVEYOU” and an attachment “LOVE-LETTER-FORYOU.txt.vbs”.
This virus was created by computer programmer student of AMA namely
Onel De Guzman.
What happened to the case of Onel De Guzman?
Absolutely nothing happened. Government prosecutors filed cases
against him, but even at the first stage, the indictment was dismissed because
there was no law penalizing the said act during the time of commission in the
Philippines.
What was the effect of I Love You Virus Case on the Philippine
Legislation?
 In order to curb the threat posed by cybercrime, the Philippine Congress
enacted Republic Act (RA) 8792, otherwise known as the “Electronic
Commerce Act of 2000”. This was signed into law on 14 June 2000.
The salient features of the Act are as follows:
•Provides for the admissibility of electronic documents in court cases
•Penalizes limited online crime, such as hacking, introduction of viruses and
copyright violations of at least Php100,000 and a maximum commensurate to
the damage incurred, and imprisonment of six months to three years, among
others;
• Promotes e-commerce in the country
•Aims to reduce graft and corruption in government

Take Note: RA 8792 is considered the landmark law in the history of the
Philippines since it has placed the Philippines among the countries penalizing
cybercrime.
Likewise, the Supreme Court drafted the Rules on Electronic Evidence,
which took effect on 1 August 2000, to emphasize the admissibility of evidence
in electronic form, subject to its authenticity and reliability.

Who was the first Filipino convicted of Cybercrime?

The first Filipino to be convicted of cybercrime, was JJ Maria Giner. He
was convicted in September 2005 by Manila MTC Branch 14 Judge Rosalyn
Mislos-Loja. Giner pleaded guilty to hacking the government portal “gov.ph” and
other government websites. He was sentenced to one to two years of
imprisonment and fined Php100,000. However, he immediately applied for
probation, which was eventually granted by the court.
Take Note: The conviction of Giner is considered a landmark case, as he is the
first local hacker to be convicted under section 33a of the E-Commerce Law or
Republic Act 8792.
What are the Components of Computer?
A computer is made up of multiple parts and components that facilitate
user functionality. A computer has two primary categories:
1. Hardware - The physical components of a computer system
2. Software - These are the instructions that tell the computer what to do
and how to do it.
 Input devices - An input device is any hardware component that allows
the user to enter data into the computer.

• Keyboard
• Mouse
• Scanner
• Microphone
• Digital Camera
• PC Video Camera

Output Devices - An output device is any hardware component that gives

information to the user
• Monitor
• Printer
• Speaker

The two main categories of software:

• System software - The system software also called the operating
system (OS) which actually runs the computer.
• Application software - Application software is a program that
allows users to a specific task on the computer.

Four common examples of application software

• Word Processing Application
• Spreadsheet Application
• E-mail Application
• Internet Application

Storage Media
Storage keeps data, information and instructions for use in the future.

Primary storage
• RAM (Random Access Memory) - is the primary storage of a
computer. When you’re working on a file on your computer, it will
temporarily store data in your RAM. It allows you to perform
everyday tasks like opening applications, loading webpages, editing
a document or playing games, and allows you to quickly jump from
one task to another without losing your progress.

Secondary Storage (Hard Disk Drives (HDD) & Solid-State Drives (SSD))
 • Hard Disk Drives (HDD) - Hard disk drives are commonly used as
the main storage device in a computer. HDDs often store operating
system, software programs and other files. These are magnetic
storage devices
• Solid-state drives (SSD) is a new generation of storage device
used in computers. SSDs replace traditional mechanical hard disks
by using flashbased memory, which is significantly faster. SSDs
don’t rely on magnets and disks, instead they use a type of flash
memory called NAND

External storage devices

• External hard drive - is a device which is plugged into your
machine to give almost-immediate storage space, without the need
to open or use your computer’s internal storage.
• Floppy disks were the first widely-available portable, removable
storage devices. They work in the same way as hard disk drives,
although at a much smaller scale.
• CDs, DVDs, and Blu-Ray disks are used for a lot more than just
playing music and videos—they also act as storage devices, and
collectively they’re known as optical storage devices or optical disk
media.
• Flash memory devices – these are small, portable storage devices
that have long been a popular choice for extra computer storage.
The most recognizable type of flash memory device is the USB
flash drive What are the typologies of Cyber Crime?
The Budapest Convention on Cyber Crime provided the four general types
of cybercrime:

• Offenses against the confidentiality, integrity and availability of

computer data and systems,
• Computer-related offenses
• Content-related offenses
• Copyright-related offenses

1. Unauthorized Access - Unauthorized access is when someone gains

access to a website, program, server, service, or other system using
someone else's account.
2. Hacking - Any attempt to intrude into a computer or a network without
authorization. This involves changing of system or security features in a
bid to accomplish a goal that differs from the intended purpose of the
system. It can also refer to non-malicious activities, usually involving
 unusual or improvised alterations to equipment or processes. An
individual who involves themselves in hacking activities is known as a
hacker.
Take Note: Hacking can be described as gaining unauthorized access to a
computer system by improper means. Unauthorized access can be describes as
gaining access to a computer system using usual means of access but without
consent.

What are the various kinds of hackers?

• White hats - also known as ethical hackers, strive to operate in the

publics best interest, rather than to create turmoil. Many white hat hackers
work doing penetration, to attempt to break into the company’s networks
to find and report on security vulnerabilities.
• Black hat hackers – this kind of hackers, hack to take control over the
system for personal gains. They destroy, steal and even prevent
authorized users from accessing the system

• Gray hat hackers - They belong to the neutral zone. They act in the
middle ground between white hat hackers, who operate on behalf of those
maintaining secure systems, and sometimes act as black hat hackers who
act maliciously to exploit vulnerabilities in systems.

3. Cracking – is breaking into a network; bypasses passwords or licenses in

computer programs; or in other ways intentionally breaches computer
security. Crackers also act as Black Hats by gaining access to the
accounts of people maliciously and misusing this information across
networks. They can steal credit card information, they can destroy
important files, disclose crucial data and information or personal details
and sell them for personal gains.

Take Note: Hacking is the process of intruding computer systems without

authorization in order to gain access to them, for good or bad purposes while
cracking is breaking into the security system for criminal and illegal reasons or
for personal gains only.

4. Cyber Fraud - is the crime committed via a computer and internet with
the intent to corrupt another individual’s personal and financial information
stored online from people illegally by deceiving them.
 a. Spoofing or Phishing - Spoofing is a type of scam in which criminals
attempt to obtain someone's personal information by pretending to be a
legitimate source. It can be in the form of:
•Email Spoofing- Email spoofing is a technique used in spam and
phishing attacks to trick users into thinking a message came from a
person or entity they either know or can trust. In email spoofing
attacks, the sender forges email headers so that client software
displays the fraudulent sender address, which most users take at
face value.
•Text Message Spoofing - Sometimes referred to as smishing. The
text message may appear to come from a legitimate source, such as
your bank. It may request that you call a certain phone number or
click on a link within the message, with the goal of getting you to
divulge personal information.
•URL Spoofing - URL spoofing happens when scammers set up a
fraudulent website to obtain information from victims or to install
malware on their computers. Virus hoax emails - Virus hoaxes are
false reports about nonexistent viruses, often claiming to do
impossible things like blow up the recipient's computer and set it on
fire, or less sensationally, delete everything on the user's computer.

b. Lottery Frauds - These are emails, which inform the recipient that he/
she has won a prize in a lottery.

c. Credit Card Fraud -Credit card fraud is the unauthorized use of a credit
or debit card, or similar payment tool to fraudulently obtain money or
property. Credit and debit card numbers can be stolen from unsecured
websites or can be obtained in an identity theft scheme.

Take Note: Identity theft is the scheme of obtaining the personal, financial
information or other information of another person to use their identity to
commit fraud or other illegal activities.
d. Theft of Internet Hours - Unauthorized use of Internet hours paid for by
another person.

e. Cyber Terrorism - It refers to unlawful attacks and threats of attacks

against computers, networks and the information stored therein when
done to intimidate or coerce a government or its people in furtherance of
political or social objectives.
 f. Cyber Pornography – is the act of using cyberspace to create, display,
distribute, import, or publish pornography or obscene materials, especially
materials depicting children engaged in sexual acts with adults.

g. Cyber-libel or cyber defamation- is a term used when someone has

posted or emailed something that is untrue and damaging about someone
else on the social media, including blogs, chat rooms, personal websites,
social media, social networking sites, or other published articles. Cyber
defamation is also called as Cyber smearing.

h. Cyber Stalking - Cyber-stalking refers to the use of the Internet, e-mail,

or other electronic communications device to stalk and later on harass
another person.

i. Denial of Service attacks- DoS attacks accomplish this by flooding the

target with traffic, or sending many information that triggers a crash on
someone’s computer or computer network..

j. Distributed denial-of-service attack (DDoS attack) - occurs when

multiple systems flood the bandwidth or resources of a targeted system,
usually one or more web servers.

k. Salami Slicing Attack - A “salami slicing attack” is a technique by which

cybercriminals steal money or resources a bit at a time so that it will be
remain unnoticeable.

j. Malware attack - is a common cyberattack where malware executes

unauthorized actions on the victim’s computer system. The malicious
software encompasses many specific types of attacks like infecting
computers.

What are the common types of Malware?

a.Adware – (Advertising-supported software) is a type of malware that

automatically delivers advertisements.
b.Ransomware is malicious software that infects your computer and
displays messages demanding a fee to be paid in order for your system to
work again.
 c.Rootkit – A rootkit is a type of malicious software designed to remotely
access or control a computer without being detected by users or security
programs. Once a rootkit has been installed it is possible for the malicious
party behind the rootkit to remotely execute files, access/steal information.
Rootkit can modify system configurations, alter software.

d.Trojan Horse - Trojan horse, commonly known as a “Trojan,” is a type of

malware that disguises itself as a normal file or program to trick users into
downloading and installing malware. A Trojan can give a malicious party
remote access to an infected computer. Once an attacker has access to an
infected computer, it is possible for the attacker to steal data.

e.Virus - Viruses are designed to damage the target computer or device by

corrupting data, reformatting your hard disk, or completely shutting down
your system.

f. Worm - A computer worm is a type of malware that spreads copies of

itself from computer to computer. A worm can replicate itself without any
human interaction, and it does not need to attach itself to a software
program in order to cause damage.

What are some preventive measures against cybercrimes?

1. Keep software and operating system updated
2. Use anti-virus software and keep it updated
3. Use strong passwords
4. Never open attachments in spam emails
5. Hands typing on laptop keyboard
6. Do not give out personal information unless secure
7. Contact companies directly about suspicious requests
8. Be mindful of which website URLs you visit
9. Keep an eye on your bank statements
REPUBLIC ACT 10175
Despite of RA 8792 already in place, it was found to have failed to
address all forms of cybercrime that are enumerated in the Budapest
Convention on Cybercrime of 2001, namely:
• Offences against confidentiality, integrity and availability of computer data and
systems
• Computer-related offences
• Content-related offences
• Offences related to infringement of copyright and related rights.

What is RA 10175?
Republic Act No. 10175, otherwise known as the “Cybercrime Prevention Act of
2012”

What are the acts the constitute Cybercrime Offenses under RA 10175?

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 and

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: Provided, however, That it
shall not be unlawful for an officer, employee, or agent of a service
provider, whose facilities are used in the transmission of communications,
to intercept, disclose or use that communication in the normal course of
employment, while engaged in any activity that is necessary to the
rendition of service or to the protection of the rights or property of the
service provider, except that the latter shall not utilize service observing or
random monitoring other than for purposes of mechanical or service
control quality checks.

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 message, without right or authority, including the introduction or
transmission of viruses.

5. Misuse of Devices
a. The use, production, sale, procurement, importation, distribution or
otherwise making available, intentionally and without right, of any of
the following:
 i. A device, including a computer program, designed or adapted
primarily for the purpose of committing any of the offenses under
this rules; or
ii. 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 the intent that it be used for the purpose of
committing any of the offenses under this rules.
b. The possession of an item referred to in 5a(i) or(ii) above, with the
intent to usesaid devices for the purpose of committing any of the
offenses under this section.

B. Computer-related Offenses

1.Computer-related Forgery
a. The input, alteration or deletion of any 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

b. The act of knowingly using computer data, which is the product of

computerrelated forgery as defined herein, 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
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 C. Content-
related Offenses:

1. Any person found guilty of Child Pornography shall be punished in

accordance with the penalties set forth in Republic Act No. 9775 or the “Anti-
Child Pornography Act of 2009”.

Take Note: The penalty to be imposed shall be one (1) degree higher than that
provided for in Republic Act No. 9775 if committed through a computer system.

What are the other Cybercrime offenses punishable under RA 10175?

 The following constitute other cybercrime offenses punishable under the RA
10175:

1. Cyber-squatting – The acquisition of a domain name over the internet, in

bad faith, in order to profit, mislead, destroy reputation, and deprive others from
registering the same, if such a domain name is:

a. Similar, identical, or confusingly similar to an existing trademark registered

with the appropriate government agency at the time of the domain name
registration;
b. Identical or in any way similar with the name of a person other than the
registrant, in case of a personal name; and
c. Acquired without right or with intellectual property interests in it.

2. 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.

Take Note: Cybersex involving a child shall be punished in accordance with the
provision on child pornography of the Act.

3. 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

Take Note: This provision applies only to the original author of the post or online
libel, and not to others who simply receive the post and react to it.

Other offenses under RA 10175

A. Aiding or Abetting in the Commission of Cybercrime. – Any person

who willfully abets, aids, or financially benefits in the commission of any of
the offenses enumerated in the Act shall be held liable, except with
respect to Child Pornography and online Libel.
B. Attempt to Commit Cybercrime. – Any person who willfully attempts to
commit any of the offenses enumerated in the Act shall be held liable,
except with respect to Child Pornography and online Libel.

What are the other salient provisions of RA 10175?

1. Law Enforcement Authorities. – The National Bureau of Investigation (NBI)
and the Philippine National Police (PNP) shall be responsible for the efficient
and effective law enforcement of the provisions of the Act. The NBI and the
 PNP shall organize a cybercrime division or unit to be manned by Special
Investigators to exclusively handle cases involving violations of this Act.

Take Note: The NBI shall create a cybercrime division to be headed by at least
a Head Agent. The PNP shall create an anti-cybercrime unit headed by at least
a Police Director.

Take Note: The DOJ – Office of Cybercrime (OOC) created under the Act shall
coordinate the efforts of the NBI and the PNP in enforcing the provisions of the
Act. It also provided under this law the creation of an inter-agency body known
as the Cybercrime Investigation and Coordinating Center (CICC) under the
Office of the President.

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 (DOJ) – Office of
Cybercrime for review and monitoring.

Preservation and Retention of Computer Data. – The integrity of traffic data

and subscriber information shall be kept, retained and preserved by a service
provider for a minimum period of six (6) months 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.

Collection of Computer Data. Law enforcement authorities, upon the issuance

of a court warrant, shall be authorized to collect or record by technical or
electronic means, and the service providers are required to collect or record by
technical or electronic means and/or to cooperate and assist in the collection or
recording of computer data that are associated with specified communications
transmitted by means of a computer system.

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, within seventy-two (72) hours from receipt of such order,
subscriber’s information, traffic data or relevant data in his/its possession or
control.
Search, Seizure and Examination of Computer Data. – Where a search and
seizure warrant is properly issued, the law enforcement authorities shall likewise
have the following powers and duties:

a. Within the time period specified in the warrant, to conduct interception, as

defined inthis Rules, and to:

1. Search and seize computer data;

2. Secure a computer system or a computer data storage medium;
3. Make and retain a copy of those computer data secured;
4. Maintain the integrity of the relevant stored computer data;
5. Conduct forensic analysis or examination of the computer data storage
medium; and
6. Render inaccessible or remove those computer data in the accessed
computer or computer and communications network.

b. Pursuant thereto, the law enforcement authorities may order any person,
who hasknowledge 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.

c. Law enforcement authorities may request for an extension of time to

complete theexamination 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.

Custody of Computer Data. – All computer data, including content and traffic
data, that are 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 accompanied 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 may have access to the
deposit, among other relevant data.
Destruction of Computer Data. – Upon expiration of the periods as provided in
Sections 12 (6months) and Section 15 ( Within the time period specified in the
warrant), or until the final termination of the case and/or as ordered by the Court,
as the case may be, service providers and law enforcement authorities, as the
case may be, shall immediately and completely destroy the computer data.
Take Note: Exclusionary Rule – Any evidence obtained without a valid warrant
or beyond the authority of the same shall be inadmissible for any proceeding
before any court or tribunal.
Take Note: Failure to comply with the provisions of stated above specifically the
orders from law enforcement authorities, shall be punished as a violation of
Presidential Decree No. 1829, entitled ‘Penalizing Obstruction Of Apprehension
And Prosecution Of Criminal Offenders.’ The criminal charge for obstruction of
justice shall be filed before the designated cybercrime court that has jurisdiction
over the place where the non-compliance was committed.
Where does Cybercrime case be filed and who have the Jurisdiction over
the Cybercrime Cases in the Philippines?

 The criminal actions for violation of RA 10175, shall be filed before the
designated special cybercrime court (RTC) of the province or city where
the offense or any of its elements is committed, or where any part of the
computer system used is situated, or where any of the damage caused to
a natural or juridical person took place.

Take Note: As provided under RA 10175, There shall be designated special

cybercrime courts manned by specially trained judges to handle cybercrime
cases and the Secretary of Justice shall designate prosecutors and investigators
who shall comprise the prosecution task force or division under the DOJ-Office
of Cybercrime, which will handle cybercrime cases in violation of the said Act.
What are types of warrants in relation to Cybercrime?
(1) Warrant to Disclose Computer Data (WDCD)
The Warrant to Disclose Computer Data (WDCD) authorizes law
enforcement to issue an order to disclose or submit subscriber’s information,
traffic data, or relevant data in the possession or control of a person or service
provider within seventy-two (72) hours from the receipt of the order. Within forty-
eight (48) hours from implementation or after the expiration of the effectivity of
the WDCD, the authorized law enforcement officer must accomplish a return and
to turn over the disclosed computer data or subscriber’s information to the court.
(2) Warrant to Intercept Computer Data (WICD)
It authorizes law enforcement to listen, record, monitor, or surveil the
content of the communications through electronic eavesdropping or tapping
devices, at the same time the communication is occurring.
(3) Warrant to Search, Seize, and Examine Computer Data (WSSECD)
A WSSECD authorizes the search the particular place for items to be
seized and/or examined.
Upon the conduct of the seizure, law enforcement must file a return
stating the (a) devices that were subject of the WSSECD and (b) the hash value
of the computer data and/or the seized computer device or computer system
containing such data.

(4) Warrant to Examine Computer Data (WECD)

The Warrant to Examine Computer Data (WECD) is to allow law
enforcement agencies to search a computer device or computer seized during a
lawful warrantless arrest or by any other lawful method such as valid warrantless
seizure, in flagrante delicto, or by voluntary surrender.
Take Note: The four warrants described above are only obtained by law
enforcement agencies ( PNP or the NBI) from Regional Trial Courts specially
designated to handle cybercrime cases. Thus, private complainants will need to
coordinate with such agencies if such warrants are to be obtained.