Rules and Regulations Implementing e) Child Pornography refers to the unlawful or prohibited acts defined and

Republic Act No. 10175, Otherwise Known as the punishable by Republic Act No. 9775 or the “Anti-Child Pornography Act of 2009”,
“Cybercrime Prevention Act of 2012” 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;
Pursuant to the authority of the Department of Justice, Department of Interior and
Local Government, and Department of Science and Technology under Republic Act f) Collection refers to gathering and receiving information;
No. 10175, otherwise known as the “Cybercrime Prevention Act of 2012”, the
following rules and regulations are hereby promulgated to implement the provisions of g) Communication refers to the transmission of information through information and
said Act: communication technology (ICT) media, including voice, video and other forms of
data;
RULE 1
Preliminary Provisions h) Competent Authority refers to either the Cybercrime Investigation and
Coordinating Center or the DOJ – Office of Cybercrime, as the case may be;
Section 1. Title. – These Rules shall be referred to as the Implementing Rules and
Regulations of Republic Act No. 10175, or the “Cybercrime Prevention Act of 2012”. i) Computer refers to an electronic, magnetic, optical, electrochemical, or other data
processing or communications device, or grouping of such devices, capable of
Section 2. Declaration of Policy. – The State recognizes the vital role of information performing logical, arithmetic, routing or storage functions, and which includes any
and communications industries, such as content production, telecommunications, storage facility or equipment or communications facility or equipment directly related
broadcasting, electronic commerce and data processing, in the State’s overall social to or operating in conjunction with such device. It covers any type of computer device,
and economic development. including devices with data processing capabilities like mobile phones, smart phones,
computer networks and other devices connected to the internet;
The State also recognizes the importance of providing an environment conducive to
the development, acceleration, and rational application and exploitation of information j) Computer data refers to any representation of facts, information, or concepts in a
and communications technology to attain free, easy, and intelligible access to form suitable for processing in a computer system, including a program suitable to
exchange and/or delivery of information; and the need to protect and safeguard the cause a computer system to perform a function, and includes electronic documents
integrity of computer, computer and communications systems, networks and and/or electronic data messages whether stored in local computer systems or online;
databases, and the confidentiality, integrity, and availability of information and data
stored therein from all forms of misuse, abuse and illegal access by making k) Computer program refers to a set of instructions executed by the computer to
punishable under the law such conduct or conducts. achieve intended results;

The State shall adopt sufficient powers to effectively prevent and combat such l) Computer system refers to any device or group of interconnected or related
offenses by facilitating their detection, investigation and prosecution at both the devices, one or more of which, pursuant to a program, performs automated
domestic and international levels, and by providing arrangements for fast and reliable processing of data. It covers any type of device with data processing capabilities,
international cooperation. including, but not limited to, computers and mobile phones. The device consisting of
hardware and software may include input, output and storage components, which
Section 3. Definition of Terms. – The following terms are defined as follows: may stand alone or be connected to a network or other similar devices. It also
includes computer data storage devices or media;
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 or m) Content Data refers to the communication content of the communication, the
communication network; meaning or purport of the communication, or the message or information being
conveyed by the communication, other than traffic data.
b) Act refers to Republic Act No. 10175 or the “Cybercrime Prevention Act of 2012”;
n) Critical infrastructure refers to the computer systems, and/or networks, whether
c) Alteration refers to the modification or change, in form or substance, of an existing physical or virtual, and/or the computer programs, computer data and/or traffic data
computer data or program; that are so vital to this country that the incapacity or destruction of or interference with
such system and assets would have a debilitating impact on security, national or
economic security, national public health and safety, or any combination of those
d) Central Authority refers to the DOJ – Office of Cybercrime; matters;
o) Cybersecurity refers to the collection of tools, policies, risk management y) Identifying information refers to any name or number that may be used alone or
approaches, actions, training, best practices, assurance and technologies that can be in conjunction with any other information to identify any specific individual, including
used to protect the cyber environment, and organization and user’s assets; any of the following:

p) National Cybersecurity Plan refers to a comprehensive plan of actions designed 1. Name, date of birth, driver’s license number, passport number or tax
to improve the security and enhance cyber resilience of infrastructures and services. identification number;
It is a top-down approach to cybersecurity that contains broad policy statements and 2. Unique biometric data, such as fingerprint or other unique physical
establishes a set of national objectives and priorities that should be achieved within a representation;
specific timeframe; 3. Unique electronic identification number, address or routing code; and
4. Telecommunication identifying information or access device.
q) Cybersex refers to the willful engagement, maintenance, control or operation,
directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, z) Information and communication technology system refers to system intended
with the aid of a computer system, for favor or consideration; for, and capable of, generating, sending, receiving, storing or otherwise processing
electronic data messages or electronic documents, and includes the computer system
or other similar device by or in which data is recorded or stored, and any procedures
r) Cyber refers to a computer or a computer network, the electronic medium in which related to the recording or storage of electronic data message or electronic document;
online communication takes place;
aa) Interception refers to listening to, recording, monitoring or surveillance of the
s) Database refers to a representation of information, knowledge, facts, concepts or content of communications, including procurement of the content of data, either
instructions which are being prepared, processed or stored, or have been prepared, directly through access and use of a computer system, or indirectly through the use of
processed or stored in a formalized manner, and which are intended for use in a electronic eavesdropping or tapping devices, at the same time that the
computer system; communication is occurring;

t) Digital evidence refers to digital information that may be used as evidence in a bb) Internet content host refers to a person who hosts or who proposes to host
case. The gathering of the digital information may be carried out by confiscation of the internet content in the Philippines;
storage media (data carrier), the tapping or monitoring of network traffic, or the
making of digital copies (e.g., forensic images, file copies, etc.), of the data held; cc) Law enforcement authorities refers to the National Bureau of Investigation (NBI)
and the Philippine National Police (PNP) under Section 10 of the Act;
u) 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 dd) Original author refers to the person who created or is the origin of the assailed
matter of fact, which evidence is received, recorded, transmitted, stored, processed, electronic statement or post using a computer system;
retrieved or produced electronically;
ee) Preservation refers to the keeping of data that already exists in a stored form,
v) Forensics refers to the application of investigative and analytical techniques that protected from anything that would cause its current quality or condition to change or
conform to evidentiary standards, and are used in, or appropriate for, a court of law or deteriorate. It is the activity that keeps that stored data secure and safe;
other legal context;
ff) Service provider refers to:
w) Forensic image, also known as a forensic copy, refers to an exact bit-by-bit copy
of a data carrier, including slack, unallocated space and unused space. There are 1. any public or private entity that provides users of its service with the ability to
forensic tools available for making these images. Most tools produce information, like communicate by means of a computer system; and
a hash value, to ensure the integrity of the image; 2. any other entity that processes or stores computer data on behalf of such
communication service or users of such service.
x) Hash value refers to the mathematical algorithm produced against digital
information (a file, a physical disk or a logical disk) thereby creating a “digital gg) Subscriber’s information refers to any information contained in the form of
fingerprint” or “digital DNA” for that information. It is a one-way algorithm and thus it is computer data or any other form that is held by a service provider, relating to
not possible to change digital evidence without changing the corresponding hash subscribers of its services, other than traffic or content data, and by which any of the
values; following can be established:
The type of communication service used, the technical provisions taken thereto and 4. System Interference – The intentional alteration, or reckless hindering or
the period of service; interference with the functioning of a computer or computer network by
inputting, transmitting, damaging, deleting, deteriorating, altering or
The subscriber’s identity, postal or geographic address, telephone and other access suppressing computer data or program, electronic document or electronic
number, any assigned network address, billing and payment information that are data message, without right or authority, including the introduction or
available on the basis of the service agreement or arrangement; or transmission of viruses.
5. Misuse of Devices, which shall be punished with imprisonment of prision
mayor, or a fine of not more than Five Hundred Thousand Pesos
Any other available information on the site of the installation of communication (P500,000.00), or both, is committed through any of the following acts:
equipment that is available on the basis of the service agreement or arrangement.
a. The use, production, sale, procurement, importation, distribution or otherwise
hh) Traffic Data or Non-Content Data refers to any computer data other than the making available, intentionally and without right, of any of the following:
content of the communication, including, but not limited to the communication’s origin,
destination, route, time, date, size, duration, or type of underlying service; and
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) Without Right refers to either: (i) conduct undertaken 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. 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.
RULE 2
Punishable Acts and Penalties
b. The possession of an item referred to in subparagraphs 5(a)(i) or (ii) above, with
the intent to use said devices for the purpose of committing any of the offenses under
Cybercrimes this section.

Section 4. Cybercrime Offenses. – The following acts constitute the offense of core Provided, That no criminal liability shall attach when the use, production, sale,
cybercrime punishable under the Act: procurement, importation, distribution, otherwise making available, or possession of
computer devices or data referred to in this section is for the authorized testing of a
A. Offenses against the confidentiality, integrity and availability of computer computer system.
data and systems shall be punished with imprisonment of prision mayor or a fine of
at least Two Hundred Thousand Pesos (P200,000.00) up to a maximum amount If any of the punishable acts enumerated in Section 4(A) is committed against critical
commensurate to the damage incurred, or both, except with respect to number 5 infrastructure, the penalty of reclusion temporal, or a fine of at least Five Hundred
herein: Thousand Pesos (P500,000.00) up to maximum amount commensurate to the
damage incurred, or both shall be imposed.
1. Illegal Access – The access to the whole or any part of a computer system
without right. B. Computer-related Offenses, which shall be punished with imprisonment of prision
2. Illegal Interception – The interception made by technical means and mayor, or a fine of at least Two Hundred Thousand Pesos (P200,000.00) up to a
without right, of any non-public transmission of computer data to, from, or maximum amount commensurate to the damage incurred, or both, are as follows:
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, 1. Computer-related Forgery –
whose facilities are used in the transmission of communications, to intercept,
disclose or use that communication in the normal course of employment, a. The input, alteration or deletion of any computer data without right, resulting in
while engaged in any activity that is necessary to the rendition of service or inauthentic data, with the intent that it be considered or acted upon for legal purposes
to the protection of the rights or property of the service provider, except that as if it were authentic, regardless whether or not the data is directly readable and
the latter shall not utilize service observing or random monitoring other than intelligible; or
for purposes of mechanical or service control quality checks.
3. Data Interference – The intentional or reckless alteration, damaging, b. The act of knowingly using computer data, which is the product of computer-related
deletion or deterioration of computer data, electronic document or electronic forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest
data message, without right, including the introduction or transmission of design.
viruses.
2. Computer-related Fraud – The unauthorized “Input, alteration or deletion of Where the maintenance, control, or operation of cybersex likewise constitutes an
computer data or program, or interference in the functioning of a computer system, offense punishable under Republic Act No. 9208, as amended, a prosecution under
causing damage thereby with fraudulent intent: Provided, That if no damage has yet the Act shall be without prejudice to any liability for violation of any provision of the
been caused, the penalty imposable shall be one (1) degree lower. Revised Penal Code, as amended, or special laws, including R.A. No. 9208,
consistent with Section 8 hereof.
3. Computer-related Identity Theft – The intentional acquisition, use, misuse,
transfer, possession, alteration or deletion of identifying information belonging to 3. Libel – The unlawful or prohibited acts of libel, as defined in Article 355 of the
another, whether natural or juridical, without right: Provided, That if no damage has Revised Penal Code, as amended, committed through a computer system or any
yet been caused, the penalty imposable shall be one (1) degree lower. other similar means which may be devised in the future shall be punished with prision
correccional in its maximum period to prision mayor in its minimum period or a fine
C. Content-related Offenses: ranging from Six Thousand Pesos (P6,000.00) up to the maximum amount
determined by Court, or both, in addition to the civil action which may be brought by
the offended party: Provided, That this provision applies only to the original author of
1. Any person found guilty of Child Pornography shall be punished in accordance with the post or online libel, and not to others who simply receive the post and react to it.
the penalties set forth in Republic Act No. 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 No. 9775 if committed through a computer system. 4. Other offenses – The following acts shall also constitute an offense which shall be
punished with imprisonment of one (1) degree lower than that of the prescribed
Section 5. Other Cybercrimes. – The following constitute other cybercrime offenses penalty for the offense, or a fine of at least One Hundred Thousand Pesos
(P100,000.00) but not exceeding Five Hundred Thousand Pesos (P500,000.00), or
punishable under the Act:
both:

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 A. Aiding or Abetting in the Commission of Cybercrime. – Any person who
registering the same, if such a domain name is: 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
Sections 4(c)(2) on Child Pornography and 4(c)(4) on online Libel.
a. Similar, identical, or confusingly similar to an existing trademark registered
with the appropriate government agency at the time of the domain name B. Attempt to Commit Cybercrime. – Any person who willfully attempts to
registration; commit any of the offenses enumerated in the Act shall be held liable,
except with respect to Sections 4(c)(2) on Child Pornography and 4(c)(4) on
b. Identical or in any way similar with the name of a person other than the
online Libel.
registrant, in case of a personal name; and
c. Acquired without right or with intellectual property interests in it.
Other Liabilities and Penalties
Cyber-squatting shall be punished with imprisonment of prision mayor, or a fine of at
least Two Hundred Thousand Pesos (P200,000.00) up to a maximum amount Section 6. Corporate Liability. – When any of the punishable acts herein defined
commensurate to the damage incurred, or both: Provided, That if it is committed are knowingly committed on behalf of or for the benefit of a juridical person, by a
against critical infrastructure, the penalty of reclusion temporal, or a fine of at least natural person acting either individually or as part of an organ of the juridical person,
Five Hundred Thousand Pesos (P500,000.00) up to maximum amount who has a leading position within, based on: (a) a power of representation of the
commensurate to the damage incurred, or both shall be imposed. juridical person; (b) an authority to take decisions on behalf of the juridical person; or
(c) an authority to exercise control within the juridical person, the juridical person shall
2. Cybersex – The willful engagement, maintenance, control or operation, directly or be held liable for a fine equivalent to at least double the fines imposable in Section 7
indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid up to a maximum of Ten Million Pesos (P10,000,000.00).
of a computer system, for favor or consideration. Any person found guilty cybersex
shall be punished with imprisonment of prision mayor, or a fine of at least Two If the commission of any of the punishable acts herein defined was made possible
Hundred Thousand Pesos (P200,000.00), but not exceeding One Million Pesos due to the lack of supervision or control by a natural person referred to and described
(P1,000,000.00), or both. 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
Cybersex involving a child shall be punished in accordance with the provision on child to at least double the fines imposable in Section 7 up to a maximum of Five Million
pornography of the Act. Pesos (P5,000,000.00).
The liability imposed on the juridical person shall be without prejudice to the criminal g. Develop capacity within their organizations in order to perform such duties
liability of the natural person who has committed the offense. necessary for the enforcement of the Act;
h. Support the formulation and enforcement of the national cybersecurity plan;
Section 7. Violation of the Revised Penal Code, as Amended, Through and With and
the Use of Information and Communication Technology. – All crimes defined and i. Perform other functions as may be required by the Act.
penalized by the Revised Penal Code, as amended, and special criminal laws
committed by, through and with the use of information and communications Section 11. Duties of Law Enforcement Authorities. – To ensure that the technical
technologies shall be covered by the relevant provisions of the Act: Provided, That nature of cybercrime and its prevention is given focus, and considering the
the penalty to be imposed shall be one (1) degree higher than that provided for by the procedures involved for international cooperation, law enforcement authorities,
Revised Penal Code, as amended, and special laws, as the case may be. specifically the computer or technology crime divisions or units responsible for the
investigation of cybercrimes, are required to submit timely and regular reports
Section 8. Liability under Other Laws. – A prosecution under the Act shall be including pre-operation, post-operation and investigation results, and such other
without prejudice to any liability for violation of any provision of the Revised Penal documents as may be required to the Department of Justice (DOJ) – Office of
Code, as amended, or special laws: Provided, That this provision shall not apply to Cybercrime for review and monitoring.
the prosecution of an offender under (1) both Section 4(c)(4) of R.A. 10175 and
Article 353 of the Revised Penal Code; and (2) both Section 4(c)(2) of R.A. 10175 Law enforcement authorities shall act in accordance with the guidelines, advisories
and R.A. 9775 or the “Anti-Child Pornography Act of 2009”. and procedures issued and promulgated by the competent authority in all matters
related to cybercrime, and utilize the prescribed forms and templates, including, but
RULE 3 not limited to, preservation orders, chain of custody, consent to search, consent to
Enforcement and Implementation assume account/online identity and request for computer forensic examination.

Section 9. Law Enforcement Authorities. – The National Bureau of Investigation Section 12. Preservation and Retention of Computer Data. – The integrity of traffic
(NBI) and the Philippine National Police (PNP) shall be responsible for the efficient data and subscriber information shall be kept, retained and preserved by a service
and effective law enforcement of the provisions of the Act. The NBI and the PNP shall provider for a minimum period of six (6) months from the date of the transaction.
organize a cybercrime division or unit to be manned by Special Investigators to Content data shall be similarly preserved for six (6) months from the date of receipt of
exclusively handle cases involving violations of the Act. the order from law enforcement authorities requiring its preservation.

The NBI shall create a cybercrime division to be headed by at least a Head Agent. Law enforcement authorities may order a one-time extension for another six (6)
The PNP shall create an anti-cybercrime unit headed by at least a Police Director. months: Provided, That once computer data that is preserved, transmitted or stored
by a service provider is used as evidence in a case, the mere act of furnishing such
The DOJ – Office of Cybercrime (OOC) created under the Act shall coordinate the service provider with a copy of the transmittal document to the Office of the
efforts of the NBI and the PNP in enforcing the provisions of the Act. Prosecutor shall be deemed a notification to preserve the computer data until the final
termination of the case and/or as ordered by the Court, as the case may be.

Section 10. Powers and Functions of Law Enforcement Authorities. – The NBI
and PNP cybercrime unit or division shall have the following powers and functions: The service provider ordered to preserve computer data shall keep the order and its
compliance therewith confidential.

a. Investigate all cybercrimes where computer systems are involved;

b. Conduct data recovery and forensic analysis on computer systems and other Section 13. Collection of Computer Data. Law enforcement authorities, upon the
electronic evidence seized; issuance of a court warrant, shall be authorized to collect or record by technical or
c. Formulate guidelines in investigation, forensic evidence recovery, and electronic means, and the service providers are required to collect or record by
forensic data analysis consistent with industry standard practices; technical or electronic means and/or to cooperate and assist in the collection or
d. Provide technological support to investigating units within the PNP and NBI recording of computer data that are associated with specified communications
including the search, seizure, evidence preservation and forensic recovery of transmitted by means of a computer system.
data from crime scenes and systems used in crimes, and provide
testimonies; The court warrant required under this section shall be issued or granted upon written
e. Develop public, private sector, and law enforcement agency relations in application, after the examination under oath or affirmation of the applicant and the
addressing cybercrimes; witnesses he may produce, and the showing that: (1) there are reasonable grounds to
f. Maintain necessary and relevant databases for statistical and/or monitoring believe that any of the crimes enumerated hereinabove has been committed, is being
purposes; committed or is about to be committed; (2) there are reasonable grounds to believe
that the evidence that will be obtained is essential to the conviction of any person for, package so deposited shall not be opened, or the recordings replayed, or used in
or to the solution of, or to the prevention of any such crimes; and (3) there are no evidence, or their contents revealed, except upon order of the court, which shall not
other means readily available for obtaining such evidence. 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 14. Disclosure of Computer Data. – Law enforcement authorities, upon
securing a court warrant, shall issue an order requiring any person or service provider Section 17. Destruction of Computer Data. – Upon expiration of the periods as
to disclose or submit, within seventy-two (72) hours from receipt of such order, provided in Sections 12 and 15 hereof, or until the final termination of the case and/or
subscriber’s information, traffic data or relevant data in his/its possession or control, in as ordered by the Court, as the case may be, service providers and law enforcement
relation to a valid complaint officially docketed and assigned for investigation by law authorities, as the case may be, shall immediately and completely destroy the
enforcement authorities, and the disclosure of which is necessary and relevant for the computer data that are the subject of a preservation and examination order or
purpose of investigation. warrant.

Law enforcement authorities shall record all sworn complaints in their official Section 18. Exclusionary Rule. – Any evidence obtained without a valid warrant or
docketing system for investigation. beyond the authority of the same shall be inadmissible for any proceeding before any
court or tribunal.
Section 15. Search, Seizure and Examination of Computer Data. – Where a
search and seizure warrant is properly issued, the law enforcement authorities shall The Rules of Court shall have suppletory application in implementing the Act.
likewise have the following powers and duties:

Section 19. Non-compliance. – Failure to comply with the provisions of Chapter IV

a. Within the time period specified in the warrant, to conduct interception, as defined of the Act, and Rules 7 and 8 of Chapter VII hereof, specifically the orders from law
in this Rules, and to:
enforcement authorities, shall be punished as a violation of Presidential Order No.
1829 (entitled “Penalizing Obstruction Of Apprehension And Prosecution Of Criminal
1. Search and seize computer data; Offenders”) with imprisonment of prision correccional in its maximum period, or a fine
2. Secure a computer system or a computer data storage medium; of One Hundred Thousand Pesos (P100,000.00), or both for each and every
3. Make and retain a copy of those computer data secured; noncompliance with an order issued by law enforcement authorities.
4. Maintain the integrity of the relevant stored computer data;
5. Conduct forensic analysis or examination of the computer data storage Section 20. Extent of Liability of a Service Provider. – Except as otherwise
medium; and provided in this Section, no person or party shall be subject to any civil or criminal
6. Render inaccessible or remove those computer data in the accessed liability in respect of a computer data for which the person or party acting as a service
computer or computer and communications network. provider merely provides access if such liability is founded on:

b. Pursuant thereto, the law enforcement authorities may order any person, who has
a. The obligations and liabilities of the parties under a computer data;
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. b. The making, publication, dissemination or distribution of such computer data or any
statement made in such computer data, including possible infringement of any right
c. Law enforcement authorities may request for an extension of time to complete the subsisting in or in relation to such computer data: Provided, That:
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. 1. The service provider does not have actual knowledge, or is not aware of the
facts or circumstances from which it is apparent, that the making,
Section 16. Custody of Computer Data. – All computer data, including content and publication, dissemination or distribution of such material is unlawful or
traffic data, that are examined under a proper warrant shall, within forty-eight (48) infringes any rights subsisting in or in relation to such material;
hours after the expiration of the period fixed therein, be deposited with the court in a 2. The service provider does not knowingly receive a financial benefit directly
sealed package, and shall be accompanied by an affidavit of the law enforcement attributable to the unlawful or infringing activity; and
authority executing it, stating the dates and times covered by the examination, and 3. The service provider does not directly commit any infringement or other
the law enforcement authority who may have access to the deposit, among other unlawful act, does not induce or cause another person or party to commit
relevant data. The law enforcement authority shall also certify that no duplicates or any infringement or other unlawful act, and/or does not directly benefit
copies of the whole or any part thereof have been made or, if made, that all such financially from the infringing activity or unlawful act of another person or
duplicates or copies are included in the package deposited with the court. The party: Provided, further, That nothing in this Section shall affect:
i. Any obligation arising from contract; The DOJ shall cooperate and render assistance to other contracting parties, as well
as request assistance from foreign states, for purposes of detection, investigation and
ii. The obligation of a service provider as such under a licensing or other regulatory prosecution of offenses referred to in the Act and in the collection of evidence in
regime established under law; electronic form in relation thereto. The principles contained in Presidential Decree No.
1069 and other pertinent laws, as well as existing extradition and mutual legal
assistance treaties, shall apply. In this regard, the central authority shall:
iii. Any obligation imposed under any law; or

a. Provide assistance to a requesting State in the real-time collection of traffic data

iv. The civil liability of any party to the extent that such liability forms the basis for associated with specified communications in the country transmitted by means of a
injunctive relief issued by a court under any law requiring that the service provider computer system, with respect to criminal offenses defined in the Act for which real-
take or refrain from actions necessary to remove, block or deny access to any time collection of traffic data would be available, subject to the provisions of Section
computer data, or to preserve evidence of a violation of law. 13 hereof;

RULE 4
b. Provide assistance to a requesting State in the real-time collection, recording or
Jurisdiction
interception of content data of specified communications transmitted by means of a
computer system, subject to the provision of Section 13 hereof;
Section 21. Jurisdiction. – The Regional Trial Court shall have jurisdiction over any
violation of the provisions of the Act, including any violation committed by a Filipino
c. Allow another State to:
national regardless of the place of commission. Jurisdiction shall lie if any of the
elements was committed within the Philippines, or committed with the use of any
computer system that is wholly or partly situated in the country, or when by such 1. Access publicly available stored computer data located in the country or
commission any damage is caused to a natural or juridical person who, at the time elsewhere; or
the offense was committed, was in the Philippines. 2. Access or receive, through a computer system located in the country, stored
computer data located in another country, if the other State obtains the
Section 22. Venue. – Criminal action for violation of the Act may be filed with the lawful and voluntary consent of the person who has the lawful authority to
RTC of the province or city where the cybercrime or any of its elements is committed, disclose the data to said other State through that computer system.
or where any part of the computer system used is situated, or where any of the
damage caused to a natural or juridical person took place: Provided, That the court d. Receive a request of another State for it to order or obtain the expeditious
where the criminal action is first filed shall acquire jurisdiction to the exclusion of other preservation of data stored by means of a computer system located within the
courts. country, relative to which the requesting State shall submit a request for mutual
assistance for the search or similar access, seizure or similar securing, or disclosure
Section 23. Designation of Cybercrime Courts. – There shall be designated of the stored computer data: Provided, That:
special cybercrime courts manned by specially trained judges to handle cybercrime
cases. 1. A request for preservation of data under this section shall specify:

Section 24. Designation of Special Prosecutors and Investigators. – The i. The authority seeking the preservation;
Secretary of Justice shall designate prosecutors and investigators who shall comprise
the prosecution task force or division under the DOJ-Office of Cybercrime, which will
handle cybercrime cases in violation of the Act. ii. The offense that is the subject of a criminal investigation or proceedings and a brief
summary of the related facts;
RULE 5
International Cooperation iii. The stored computer data to be preserved and its relationship to the offense;

Section 25. International Cooperation. – All relevant international instruments on iv. The necessity of the preservation; and
international cooperation on criminal matters, and arrangements agreed on the basis
of uniform or reciprocal legislation and domestic laws shall be given full force and v. That the requesting State shall submit a request for mutual assistance for the
effect, to the widest extent possible for the purposes of investigations or proceedings search or similar access, seizure or similar securing, or disclosure of the stored
concerning crimes related to computer systems and data, or for the collection of computer data.
electronic evidence of crimes.
2. Upon receiving the request from another State, the DOJ and law enforcement f. Make a request to any foreign state for assistance for purposes of detection,
agencies shall take all appropriate measures to expeditiously preserve the specified investigation and prosecution of offenses referred to in the Act;
data, in accordance with the Act and other pertinent laws. For the purposes of
responding to a request for preservation, dual criminality shall not be required as a g. The criminal offenses described under Chapter II of the Act shall be deemed to be
condition; included as extraditable offenses in any extradition treaty where the Philippines is a
party: Provided, That the offense is punishable under the laws of both Parties
3. A request for preservation may only be refused if: concerned by deprivation of liberty for a minimum period of at least one year or by a
more severe penalty.
i. The request concerns an offense that the Philippine Government considers as a
political offense or an offense connected with a political offense; or The Secretary of Justice shall designate appropriate State Counsels to handle all
matters of international cooperation as provided in this Rule.

ii. The Philippine Government considers the execution of the request to be prejudicial
RULE 6
to its sovereignty, security, public order or other national interest.
Competent Authorities

4. Where the Philippine Government believes that preservation will not ensure the Section 26. Cybercrime Investigation and Coordinating Center; Composition. –
future availability of the data, or will threaten the confidentiality of, or otherwise The inter-agency body known as the Cybercrime Investigation and Coordinating
prejudice the requesting State’s investigation, it shall promptly so inform the Center (CICC), under the administrative supervision of the Office of the President,
requesting State. The requesting State will determine whether its request should be established for policy coordination among concerned agencies and for the formulation
executed; and and enforcement of the national cyber security plan, is headed by the Executive
Director of the Information and Communications Technology Office under the
5. Any preservation effected in response to the request referred to in paragraph (d) Department of Science and Technology (ICTO-DOST) as Chairperson; the Director of
shall be for a period not less than sixty (60) days, in order to enable the requesting the NBI as Vice-Chairperson; and the Chief of the PNP, the Head of the DOJ Office of
State to submit a request for the search or similar access, seizure or similar securing, Cybercrime, and one (1) representative each from the private sector, non-
or disclosure of the data. Following the receipt of such a request, the data shall governmental organizations, and the academe as members.
continue to be preserved pending a decision on that request.
The CICC members shall be constituted as an Executive Committee and shall be
e. Accommodate request from another State to search, access, seize, secure, or supported by Secretariats, specifically for Cybercrime, Administration, and
disclose data stored by means of a computer system located within the country, Cybersecurity. The Secretariats shall be manned from existing personnel or
including data that has been preserved under the previous subsection. representatives of the participating agencies of the CICC.

The CICC may enlist the assistance of any other agency of the government including
The Philippine Government shall respond to the request through the proper government-owned and -controlled corporations, and the following:
application of international instruments, arrangements and laws, and in accordance
with the following rules:
a. Bureau of Immigration;
b. Philippine Drug Enforcement Agency;
1. The request shall be responded to on an expedited basis where: c. Bureau of Customs;
d. National Prosecution Service;
i. There are grounds to believe that relevant data is particularly vulnerable to loss or e. Anti-Money Laundering Council;
modification; or f. Securities and Exchange Commission;
g. National Telecommunications Commission; and
h. Such other offices, agencies and/or units, as may be necessary.
ii. The instruments, arrangements and laws referred to in paragraph (b) of this section
otherwise provide for expedited cooperation.
The DOJ Office of Cybercrime shall serve as the Cybercrime Operations Center of
the CICC and shall submit periodic reports to the CICC.
2. The requesting State must maintain the confidentiality of the fact or the subject of
request for assistance and cooperation. It may only use the requested information Participation and representation in the Secretariat and/or Operations Center does not
subject to the conditions specified in the grant. require physical presence, but may be done through electronic modes such as email,
audio-visual conference calls, and the like.
Section 27. Powers and Functions. – The CICC shall have the following powers h. Issue and promulgate guidelines, advisories, and procedures in all matters
and functions: related to cybercrime investigation, forensic evidence recovery, and forensic
data analysis consistent with industry standard practices;
a. Formulate a national cybersecurity plan and extend immediate assistance i. Prescribe forms and templates, including, but not limited to, those for
for the suppression of real-time commission of cybercrime offenses through preservation orders, chain of custody, consent to search, consent to assume
a computer emergency response team (CERT); account/online identity, and request for computer forensic examination;
b. Coordinate the preparation of appropriate and effective measures to prevent j. Undertake the specific roles and responsibilities of the DOJ related to
and suppress cybercrime activities as provided for in the Act; cybercrime under the Implementing Rules and Regulation of Republic Act
No. 9775 or the “Anti-Child Pornography Act of 2009”; and
c. Monitor cybercrime cases being handled by participating law enforcement
k. Perform such other acts necessary for the implementation of the Act.
and prosecution agencies;
d. Facilitate international cooperation on intelligence, investigations, training
and capacity-building related to cybercrime prevention, suppression and Section 29. Computer Emergency Response Team (CERT). – The DOST-ICT
prosecution through the DOJ-Office of Cybercrime; Office shall establish and operate the Computer Emergency Response Team (CERT)
e. Coordinate the support and participation of the business sector, local that shall serve as coordinator for cybersecurity related activities, including but not
government units and NGOs in cybercrime prevention programs and other limited to the following functions and duties:
related projects;
f. Recommend the enactment of appropriate laws, issuances, measures and a. Extend immediate assistance to the CICC to fulfil its mandate under the Act with
policies; respect to matters related to cybersecurity and the national cybersecurity plan;
g. Call upon any government agency to render assistance in the
accomplishment of the CICC’s mandated tasks and functions; b. Issue and promulgate guidelines, advisories, and procedures in all matters related
h. Establish and perform community awareness program on cybercrime to cybersecurity and the national cybersecurity plan;
prevention in coordination with law enforcement authorities and
stakeholders; and
i. Perform all other matters related to cybercrime prevention and suppression, c. Facilitate international cooperation with other security agencies on intelligence,
including capacity-building and such other functions and duties as may be training, and capacity-building related to cybersecurity; and
necessary for the proper implementation of the Act.
d. Serve as the focal point for all instances of cybersecurity incidents by:
Section 28. Department of Justice (DOJ); Functions and Duties. – The DOJ-
Office of Cybercrime (OOC), designated as the central authority in all matters related 1. Providing technical analysis of computer security incidents;
to international mutual assistance and extradition, and the Cybercrime Operations 2. Assisting users in escalating abuse reports to relevant parties;
Center of the CICC, shall have the following functions and duties: 3. Conducting research and development on emerging threats to computer
security;
a. Act as a competent authority for all requests for assistance for investigation 4. Issuing relevant alerts and advisories on emerging threats to computer
or proceedings concerning cybercrimes, facilitate the provisions of legal or security.
technical advice, preservation and production of data, collection of evidence, 5. Coordinating cyber security incident responses with trusted third parties at
giving legal information and location of suspects; the national and international levels; and
b. Act on complaints/referrals, and cause the investigation and prosecution of 6. Conducting technical training on cyber security and related topics.
cybercrimes and other violations of the Act;
c. Issue preservation orders addressed to service providers; The Philippine National Police and the National Bureau of Investigation shall serve as
d. Administer oaths, issue subpoena and summon witnesses to appear in an the field operations arm of the CERT. The CERT may also enlist other government
investigation or proceedings for cybercrime; agencies to perform CERT functions.
e. Require the submission of timely and regular reports including pre-operation,
post-operation and investigation results, and such other documents from the RULE 7
PNP and NBI for monitoring and review; Duties of Service Providers
f. Monitor the compliance of the service providers with the provisions of
Chapter IV of the Act, and Rules 7 and 8 hereof;
g. Facilitate international cooperation with other law enforcement agencies on Section 30. Duties of a Service Provider. – The following are the duties of a service
intelligence, investigations, training and capacity-building related to provider:
cybercrime prevention, suppression and prosecution;
 a. Preserve the integrity of traffic data and subscriber information for a
minimum period of six (6) months from the date of the transaction;
b. Preserve the integrity of content data for six (6) months from the date of
receipt of the order from law enforcement or competent authorities requiring
its preservation;
c. Preserve the integrity of computer data for an extended period of six (6)
months from the date of receipt of the order from law enforcement or
competent authorities requiring extension on its preservation;
d. Preserve the integrity of computer data until the final termination of the case
and/or as ordered by the Court, as the case may be, upon receipt of a copy
of the transmittal document to the Office of the Prosecutor;
e. Ensure the confidentiality of the preservation orders and its compliance;
f. Collect or record by technical or electronic means, and/or cooperate and
assist law enforcement or competent authorities in the collection or recording
of computer data that are associated with specified communications
transmitted by means of a computer system, in relation to Section 13 hereof;
g. Disclose or submit subscriber’s information, traffic data or relevant data in
his/its possession or control to law enforcement or competent authorities
within seventy-two (72) hours after receipt of order and/or copy of the court
warrant;
h. Report to the DOJ – Office of Cybercrime compliance with the provisions of
Chapter IV of the Act, and Rules 7 and 8 hereof;
i. Immediately and completely destroy the computer data subject of a
preservation and examination after the expiration of the period provided in
Sections 13 and 15 of the Act; and
j. Perform such other duties as may be necessary and proper to carry into
effect the provisions of the Act.

Section 31. Duties of a Service Provider in Child Pornography Cases. – In line

with RA 9775 or the “Anti-Child Pornography Act of 2009”, the following are the duties
of a service provider in child pornography cases:

1. An internet service provider (ISP)/internet content host shall install available

technology, program or software, such as, but not limited to,
system/technology that produces hash value or any similar calculation, to
ensure that access to or transmittal of any form of child pornography will be
blocked or filtered;
2. Service providers shall immediately notify law enforcement authorities within
seven (7) days of facts and circumstances relating to any form child
pornography that passes through or are being committed in their system;
and
3. A service provider or any person in possession of traffic data or subscriber’s
information, shall, upon the request of law enforcement or competent
authorities, furnish the particulars of users who gained or attempted to gain
access to an internet address that contains any form of child pornography.
ISPs shall also preserve customer data records, specifically the time, origin,
and destination of access, for purposes of investigation and prosecution by
relevant authorities under Sections 9 and 11 of R.A. 9775.