Republic Act No.

10175
“Cybercrime Prevention Act of 2012”
 1

What Is The Cybercrime

Prevention Law Of 2012?
Explains the law, its importance, why we need it, and its
fundamentals
 The Fundamentals of the Act:
3  Cybercrime also called computer crime is the use of a computer as an instrument to further
illegal ends such as committing fraud, trafficking, child pornography, intellectual property
violations, stealing identities or violation of privacy. The difference between traditional
criminal offences from cybercrime is the use of the computer in committing such offences.
Majorly cybercrime is an attack on the information of individuals, governments or
corporations.

 To combat and prevent cybercrime, the government of the Philippines introduced the
Republic Act No. 10175 or Cyber Prevention Act of 2012. This Act was signed by the
Former President of the Philippines Mr. Benigno Aquino on September 12th of 2012. The
original goal of this Act was to penalize acts like cybersex, child pornography, identity theft
etc.
 What is the Cybercrime Law?
4  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 defined as
the crimes or wrongful acts directed and committed with computers, information
communication technologies, or data.
 The Cybercrime Prevention Act of 2012, also known as Republic Act No. 10175, is the
foremost Statute in 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 using
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 concerns engages to international mutual
assistance and extradition.
 What is the importance of Cybercrime Law?
5  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.
 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 Act.
 The NBI shall also establish a cybercrime unit to be led by at least a Head Agent. The PNP is also
responsible in creating an anti-cybercrime division headed by a Police Director.
 What is the importance of Cybercrime Law?
6 What does RA 10175 intend to protect? Why is there a need for cybercrime law?
 Republic Act 10175 intends to protect  There is a need to create a cybercrime law
consumers who are dependent on cyber laws to because cybercrime causes a real and extreme
safeguard them from online fraud or identity threat to every Filipino’s human right and
theft. livelihood.
 This Law is made to prevent identity theft,  It is also needed to support the wide efforts of
fraud and theft using the credit card and other the authorities to address the matters it needs to
financial and commercial crimes that usually protect. On the other hand, governments
happen online. should fight overbroad and aggressive
 It also safeguards the children from child cybercrime methods which threaten human
rights.
pornography and trafficking using the
cyberspace. Last, of course, it protects the  The authorities have analyzed the vital risks to
individual’s privacy and information and it freedom of expression and privacy using the
respects the dignity of a person, thus, cyberspace and it poses a real danger to
penalizing malicious imputations. humanity without a law that would control and
prohibit such dangers.
 2

Punishable Acts
The key provisions of the Cybercrime Prevention
Act of 2012
 Cybercrime offenses:
8 There are sixteen types of cybercrime covered under the Cybercrime
Prevention Act of 2012. They are the following:
 Illegal Access: 
Access to a computer or any application without permission.
 Illegal Interception:
Interception of any non-public communication of computer data to, from, or within a
computer system by an unauthorized person.
 Data Interference: 
Unauthorized tampering with, destroying, deleting, or deteriorating computer data,
electronic documents, or electronic data messages, as well as the introduction or
transmission of viruses. This provision can also cover authorized activity if the
person’s behavior went beyond the agreed-upon scope and resulted in the damages
listed in this provision.
 Cybercrime offenses:
9  System Interference: 
Unauthorized interference with the operation of a computer or computer network,
including the introduction or transmission of viruses, by inputting, transmitting,
damaging, deleting, deteriorating, altering, or suppressing computer data or programs,
electronic data messages, or by deleting, deteriorating, altering, or suppressing them.
This provision can also cover authorized activity if the person’s behavior went beyond
the agreed-upon scope and resulted in the damages listed in this provision.

 Misuse of devices: 
Unauthorized use, possession, production, sale, procurement, importation, distribution,
or otherwise making available of gadgets, computer programs, or other materials
developed or adapted for committing any of the acts listed in Republic Act 10175.
Unauthorized use of a computer password, access code, or similar data that allows the
entire or a portion of a computer system to be accessed with the intent of using it to
perpetrate any of the offences listed in Republic Act 10175.
 Cybercrime offenses:
10
 Computer-related Fraud:
Unauthorized access to, alteration of, or deletion of computer data or programmes, or
interference with the operation of a computer system, with the purpose to cause
damage.
 Computer-related Identity Theft:
Unauthorized acquisition, use, abuse, transfer, possession, change, or deletion of an
individual’s identifying information, whether natural or legal.
 Cybersex:
For favour or consideration, willful engagement, maintenance, control, or operation,
directly or indirectly, of any lascivious presentation of sexual organs or sexual activity
via a computer system.
 Child Pornography:
Unlawful or banned activities conducted through a computer system, as defined and
punished by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009.
 Cybercrime offenses:
11
 Libel: 
Acts of libel that are illegal or forbidden under Article 355 of the Revised Penal Code,
as amended, and are committed using a computer system or any other similar means
that may be created in the future. Penal Code Revision According to Article 355; Libel
is defined as defamation of character by writings or other means. Libel committed by
writing, printing, lithography, engraving, radio, phonograph, painting, theatrical
exhibition, cinematographic exhibition, or any other similar means is punishable by
prison correctional for the minimum and medium periods, or a fine ranging from 200
to 6,000 pesos, or both, in addition to any civil action that the offended party may
bring.
 Aiding or Abetting in the commission of cybercrime:
Anyone who knowingly assists or abets the conduct of any of the offences listed in
this Act will be held accountable.
 How do you prosecute online illegal activities using this?
12  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. Specific Cybercrime sets rules on issuance of warrants
for Cybercrime law.
 On a more granular level, the prosecution for those offenses is 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 offender before the proper tribunal, which is
now being progressively created as cybercrime courts.
 3

Penalties
for any person proven guilty of the
aforementioned punishable acts
 Definition of terms:
14
 Prision mayor
The duration of the penalties of prision mayor and temporary disqualification shall be
from six (6) years and one (1) day to twelve (12) years, except when the penalty of
disqualification is imposed as an accessory penalty, in which case its duration shall be
that of the principal penalty.
 Reclusion temporal
The penalty of reclusion temporal shall be from twelve (12) years and one (1) day to
twenty (20) years.
 Arresto mayor
The duration of the penalty of arresto mayor shall be from one (1) month and one (1)
day to six (6) months.
 Penalties:
15
 Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and
4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at
least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount
commensurate to the damage incurred or both.
 Any person found guilty of the punishable act under Section 4(a)(5) shall be punished
with imprisonment of prision mayor or a fine of not more than Five hundred thousand
pesos (PhP500,000.00) or both.
 If punishable acts in Section 4(a) are committed against critical infrastructure, the
penalty of reclusion temporal or a fine of at least Five hundred thousand pesos
(PhP500,000.00) up to maximum amount commensurate to the damage incurred or
both, shall be imposed.
 Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of
this Act shall be punished with imprisonment of prision mayor or a fine of at least Two
hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos
(PhPl,000,000.00) or both.
 Penalties:
16
 Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of
this Act shall be punished with the penalties as enumerated 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.
 Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3)
shall be punished with imprisonment of arresto mayor or a fine of at least Fifty
thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos
(PhP250,000.00) or both.
 Any person found guilty of any of the punishable acts enumerated in Section 5 shall be
punished with imprisonment one (1) degree lower than that of the prescribed penalty
for the offense or a fine of at least One hundred thousand pesos (PhPl00,000.00) but not
exceeding Five hundred thousand pesos (PhP500,000.00) or both.
 4

Advantages and Disadvantages

of the Republic Act 10175 (Cybercrime
Prevention Act of 2012)
 Advantages and Disadvantages:
18 Advantages:
 Cybersex, Cyberbullying, Child pornography are now offences and such
offenders can be punished. The children’s rights are protected by this Act.
 All kinds of businesses using the internet as a medium are protected by this
Act.
 Provisions of this act now define the offence of cybersquatting and this deters
people from the act of cybersquatting.
 Provisions that penalizes online identity theft. This provision protects the
individual’s privacy and its protection.
 Advantages and Disadvantages:
19 Disadvantages:
 Ambiguity in the terms given in the Act such as the term online libel is not
defined anywhere which can lead to different interpretations. Ambiguity can
be seen in the provision of real-time data collection.
 The ambiguity in the Act may lead to the freedom of speech. The
ambiguities like the absence of a proper definition of online libel may lead
to confusion. Sometimes the expression of some truth may be misinterpreted
as Libel. People may be restrained from expressing themselves.
 The implementation and execution of this Act yearly cost a huge cost to the
government.
 5

Other Discussions
Related Acts and Laws, closing perspective
 How does RA 10173 affects this Act?
21  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.
 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.
 How does RA 10173 affects this Act?
22  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.
 Closing perspective:
23  A comparison between the cybercrime prevention acts and the policies of
Philippines and India shows similarities to some extent and at the same time
there are slight differences. If the provision of cyber libel in both countries
are compared, it can be seen that both countries included this provision and
immediately attracted the difference of opinion from the netizens. In India,
the Information Technology Act of 2000, Section 66A, defines the penalty for
sending “offensive” messages through the computer, mobile phones, or
tablets. Because the government failed to define the term “offensive,” it
began to be used to suppress freedom of speech. In the year 2015, the
Supreme Court overturned this law. In the Philippines, the same uproar from
the netizens was heard when the cyber libel was introduced as an offence
under the cyber prevention Act 2012.
 Closing perspective:
24  The Supreme Court, on the other hand, determined that libel is not protected
speech under the Constitution. As a result, the internet libel is not
unconstitutional. There may be different approaches to the provisions of the
Act by different countries, nevertheless to say that strict enforcement of the
cyber law is essential to combat cybercrimes. Technology crimes are not just
limited to a geographical region but it is a global phenomenon and stringent
cyber laws are essential across the globe.
 The cybercrime law may have been created to deter wrongful acts using the
cyberspace. May one of the catalysts that propels the enactment of the said
statute was the creation of the ‘I love you’ virus.
 Closing perspective:
25  It caused billions of losses around the world not only in the Philippines.
Nonetheless, the perpetrator was acquitted because there is no law punishing
such act during that time.
 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.
 References:
26
◈ https://blog.ipleaders.in/all-you-need-to-know-about-the-cybercrime
-prevention-act-in-the-philippines/#:~:text=10175%20or%20%E2%
80%9CCybercrime%20Prevention%20Act,also%20rules%20on%20
international%20cooperation.
◈ https://lawphil.net/statutes/repacts/ra2012/ra_10175_2012.html#top
◈ https://lawphil.net/statutes/acts/act_3815_1930.html
◈ https://lawphil.net/statutes/repacts/ra2009/ra_9775_2009.html
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