Cybercrime 

laws are legislations that set the offenses and penalties for cybercrimes in
order to make one liable for their wrong doings using the cyberspace. Cybercrime is
define as the crimes or wrongful acts directed and committed through the use of
computers, information communication technologies, or data.
The Cybercrime Prevention Act of 2012, also known as Republic Act No. 10175,[1] is
the foremost Statute in the the Philippines. Its purpose is to direct certain legal issues
concerning the use of cyberspace, online interactions, and the usage of Internet in the
Philippines since the advancement of technology is a fast becoming trend in the
Philippines.
It also provides for punishment relative to the wrongful and unlawful acts done
through the use of cyberspace.
RA 10175 gave the National Bureau of Investigation and the Philippine
National Police the responsibility for the enforcement of the law, however, the
Department of Justice (DOJ) is tasked to establish an Office of Cybercrime on
What
concerns engages to international mutual assistance and extradition.

crimes are punishable under RA 10175?

Among the crimes which are punishable under the Republic Act No. 10175[2] are the
following:
a] cybersex,[3]
b] libel or defamation using the cyberspace,[4]
c] child pornography,[5] and
d] offenses against the strict confidentiality, integrity and availability of computer data
and information[6] such as
d.1] illegal access[7] and interception,[8]
d.2] interference of data,[9] interference of the system,[10]
d.3] incorrect use of devices,[11]
d.4] computer related offenses,[12]
d.5] cyber-squatting,[13] any computer-related theft of Identity,[14]
d.6] those unsolicited commercial communications,[15] and
d.7] computer-related fraud,[16] computer-related forgery[17]
e] other offenses,[18] such as:
e.1] Aiding or Abetting in the Commission of Cybercrime[19]
e.2] Attempt in the Commission of Cybercrime[20]
f] felonies under the Revised Penal Code, where cyberspace is used for the
commission thereof[21]
What does RA 10175 intend to protect?
Republic Act 10175 intends to protect consumers who are dependent on cyber laws to
safeguard them from online fraud or identity theft.
This Law is made to prevent identity theft, fraud and theft using the credit card and
other financial and commercial crimes that usually happen online.
It also safeguards the children from child pornography and trafficking using the
cyberspace. Last, of course, it protects the individual’s privacy and information and it
respects the dignity of a person, thus, penalizing malicious imputations.
What is the importance of RA 10175?
Republic Act 10175 is important to sufficiently deter cyber-offenders and to safeguard
the Philippines’ cyberspace. It is essential to monitor the potential crimes which may
be possible to be committed using the availability of the cyberspace and advancement
of the technology in the country.
This is to support the law enforcements efforts against computer crimes especially
after the controversial “I love you” virus and other subsequently similar ones.
What law enforcement authorities are
responsible for implementation RA 10175?
The law provides that the following are the law enforcement authorities tasked to
implement the Cybercrime Act. The law has given the National Bureau of
Investigation (NBI) as well as the Philippine National Police (PNP) the assignment to
efficiently and effectively implement the provisions listed in the Act.
The NBI and the PNP shall also sort out a cybercrime division or unit to be managed
by the Special Investigators in order to handle cases involving violations of the
aforementioned Act.
The NBI shall also establish a cybercrime unit to be lead by at least a Head Agent.
The PNP is also responsible in creating an anti-cybercrime division headed by a
Police Director.
Why is there a need for cybercrime law?
There is a need to create a cybercrime law because cybercrime causes a real and
extreme threat to every Filipino’s human right and livelihood.
It is also needed to support the wide efforts of the authorities to address the matters it
needs to protect. On the other hand, governments should fight overbroad and
aggressive cybercrime methods which threaten human rights.
The authorities have analyzed the vital risks to freedom of expression and privacy
using the cyberspace and it poses a real danger to humanity without a law that would
control and prohibit such dangers.
How does electronic evidence rule affect or
complement RA 10175?
Electronic Evidence Rule are set of regulations as regards to the evidence used in
judicial proceedings that originates from electronic devices like computers,
cellphones, and its peripheral devices such as computer networks, digital cameras, and
any other mobile devices which includes the data storage devices in all forms.
This evidence is not really dissimilar from the traditional evidence that are essential
for the party to produce it into legal proceedings.
It affected the RA 10175 by simply adapting to the issues being addressed by such
law. On procedural matters, there are additional authentication methods in order for
such evidence to be admissible.
These electronic evidence are the same material used by the offender to perpetrate his
crime so it would be easier to point out the offender and the crime he violated under
the cybercrime Act.
How does RA 10175 affect social media?
Republic Act 10175 affected the social media by providing safeguards and limitations
to whatever we post and whatever messages we sent online.
While it is true that we have a freedom of expression and speech, however, such is not
absolute and poses certain limitations that we need to observe. We have to remember
that in every right we possess, there is an equivalent responsibility.
How do you prosecute online illegal
activities using RA 10175?
Pursuant to Section 20, Chapter IV of RA 10175, failure to comply with the
provisions of Chapter IV, 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.
More importantly, even the High Court has promulgated rules for the issuance of
special seizure warrants for specific cybercrime offenses.[22]
On a more granular level, the prosecution for those offenses are still similar with what
we usually do. We determine if it is an in flagrante delicto act or the same that is
subjected to full blown preliminary investigation.
However, both require probable cause to indict the the offender before the proper
tribunal, which is now being progressively created as cybercrime courts.
How do you preserve the electronic
evidence for the purpose of prosecution
under RA 10175?
The law provides that Electronic evidence refers to evidence, the use of which is
sanctioned by existing rules of evidence, in ascertaining in a judicial proceeding, the
truth respecting a matter of fact, which evidence is received, recorded, transmitted,
stored, processed, retrieved or produced electronically.[23]
The law also provides that 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.[24]
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.[25]
What is the effect of violation of certain
provisions of the Revised Penal Code
through the use of internet, social media,
digital platform?
The violation of the certain provisions of the Revised Penal Code through the use of
internet, social media or digital form may also constitute a violation of the Republic
Act 10175.
For instance, the offender violated the provisions of libel through the use of
cyberspace, then that may be a violation of Republic Act 10175 and he may be liable
as such.
How can the Data Privacy Act affect RA
10175?
Violation of Data privacy is considered as a cybercrime. Although both laws are
confusing with which law must be applicable, data privacy Act widens the possible
act which may be punishable thereof.
While data privacy is being protected in cyber crime law however, the Data Privacy
Act comprises the specific Acts which shall be punishable under the law.
How will an online gambling violate the
provision of RA 10175?
Internet gambling has shown a wide range of struggles referring to its validity and
acceptability by the society and the government, the regulation of use, and possibility
of abuse.
If evidently discovered that the offenders are operating illegal activities under the
guise of a legal business, additional criminal case may be charged against him and
that includes the violation of the Republic Act 10175.
Unregulated online gambling also falls within the provisions of the the Cybercrime
Law.
Does RA 10175 apply also to violations of
other Special Penal Laws? 
Yes. For instance in Data Privacy Act, the law provides that it is a law that seeks to
protect all forms of information, be it private, personal, or sensitive. It is meant to
cover both natural and juridical persons involved in the processing of personal
information.
This Act applies to the processing of all types of personal information and to any
natural and juridical person involved in personal information processing including
those personal information controllers and processors who, although not found or
established in the Philippines, use equipment that are located in the Philippines, or
those who maintain an office, branch or agency in the Philippines subject to the
immediately succeeding paragraph: Provided, That the requirements of Section 5 are
complied with. These information being covered may also be part of the cyberspace.[27]
What is the effect upon the penalties under
the Revised Penal Code when certain
provisions of the latter have been violated
through cyber acts?
The law provides that 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.[28]
What is the prescription of Cybercrime
Libel?
Our Revised Penal Code states that the prescription for the libel is one year. On the
other hand, the crime of slander by deed and oral defamation shall prescribe in six
months.
Hence, the question is: will the one year prescriptive period also apply to cybercrime
libel? There has yet been no categorical answer to this point.
Nonetheless, since cybercrime libel is an amendment only of the provision in the
Revised Penal Code in relation to the felony of libel, we believe that the one year
prescriptive period will apply also to cybercrime libel. This will likewise be in
keeping with the doctrine of pro reo. 
What has been decided
Under the overbreadth doctrine, a proper governmental purpose, constitutionally
subject to state regulation, may not be achieved by means that unnecessarily sweep its
subject broadly, thereby invading the area of protected freedoms.[29]
What is the prescription of Cybercrime
Libel?
Our Revised Penal Code states that the prescription for the libel is one year. On the
other hand, the crime of slander by deed and oral defamation shall prescribe in six
months.
Hence, the question is: will the one year prescriptive period also apply to cybercrime
libel? There has yet been no categorical answer to this point.
Nonetheless, since cybercrime libel is an amendment only of the provision in the
Revised Penal Code in relation to the felony of libel, we believe that the one year
prescriptive period will apply also to cybercrime libel. This will likewise be in
keeping with the doctrine of pro reo. 
What has been decided
Under the overbreadth doctrine, a proper governmental purpose, constitutionally
subject to state regulation, may not be achieved by means that unnecessarily sweep its
subject broadly, thereby invading the area of protected freedoms.[29]
What is the prescription of Cybercrime
Libel?
Our Revised Penal Code states that the prescription for the libel is one year. On the
other hand, the crime of slander by deed and oral defamation shall prescribe in six
months.
Hence, the question is: will the one year prescriptive period also apply to cybercrime
libel? There has yet been no categorical answer to this point.
Nonetheless, since cybercrime libel is an amendment only of the provision in the
Revised Penal Code in relation to the felony of libel, we believe that the one year
prescriptive period will apply also to cybercrime libel. This will likewise be in
keeping with the doctrine of pro reo. 
What has been decided
Under the overbreadth doctrine, a proper governmental purpose, constitutionally
subject to state regulation, may not be achieved by means that unnecessarily sweep its
subject broadly, thereby invading the area of protected freedoms.[29]
Aside from that, a lot of scandalous acts which really destroyed someone’s image has
been spread using the social media and the internet. Consequently, the Anti-
Cybercrime Act must be implemented to protect our rights as an internet and
technology users.