ENGINEERING ETHICS AND COMPUTER LAWS

LESSON 1: PHILIPPINE IT LAWS AND POLICIES

A. E-COMMERCE LAW (RA 8792)

Objective: This Act aims to facilitate domestic and international dealings,

transactions, arrangements agreements, contracts and exchanges
and storage of information through the utilization of electronic,
optical and similar medium, mode, instrumentality and technology to
recognize the authenticity and reliability of electronic documents
related to such activities and to promote the universal use of
electronic transaction in the government and general public.

Features of RA 8792

1. LEGAL RECOGNITION OF ELECTRONIC WRITING OR DOCUMENT AND DATA

MESSAGES (Section 6-15)
- It gives legal recognition of electronic data messages, electronic
documents, and electronic signatures.
- Electronic documents, electronic data messages and electronic
signatures, shall be authenticated by demonstrating, substantiating
and validating a claimed identity of a user, device, or another entity is
an information or communication system.

2. COMMUNICATION OF ELECTRONIC DATA MESSAGES OR ELECTRONIC

DOCUMENTS (Section 16-24)
- Allows the formation of contracts in electronic form.
- Makes banking transactions done through ATM switching networks
absolute once consummated.
- Parties are given the right to choose the type and level of security
methods that suit their needs.

3. ELECTRONIC COMMERCE IN SPECIFIC AREAS (Section 25-26)

- Provides the mandate for the electronic implementation of transport
documents to facilitate carriage of goods
- This chapter applies to any action in connection with, or in pursuance
of, a contract of carriage of goods, including but not limited to:
▪ furnishing the marks, number, quantity or weight of goods;
a. stating or declaring the nature or value of goods;
b. issuing a receipt for goods;
c. confirming that goods have been loaded;
▪ notifying a person of terms and conditions of the contract;
a. giving instructions to a carrier;
▪ claiming delivery of goods;
a. authorizing release of goods;
▪ giving notice of loss of, or damage to goods;
▪ giving any other notice or statement in connection with the
performance of the contract;
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▪ undertaking to deliver goods to a named person or a person

authorized to claim delivery;
▪ granting, acquiring, renouncing, surrendering, transferring or
negotiating rights in goods;
▪ acquiring or transferring rights and obligations under the contract.

4. ELECTRONIC TRANSACTIONS IN GOVERNMENT (Section 27-29)

- Mandates the government to have the capability to do e-
commerce.
- Mandates RPWeb to be implemented. RPWeb is a strategy that
intends to connect all government offices to the Internet and
provide universal access to the general public. The Department of
Transportation and Communications, National Telecommunications
Commission, and National Computer Center will come up with
policies and rules that shall lead to substantial reduction of costs of
telecommunication and Internet facilities to ensure the
implementation of RPWeb.
- Made cable, broadcast, and wireless physical infrastructure within
the activity of telecommunications.

OTHERS:

Empowers the Department of Trade and Industry to supervise the

development of e-commerce in the country. It can also come up with
policies and regulations, when needed, to facilitate the growth of e-
commerce. (section 29)

Provided guidelines as to when a service provider can be liable. (section 30)

Authorities and parties with the legal right can only gain access to electronic
documents, electronic data messages, and electronic signatures. For
confidentiality purposes, it shall not share or convey to any other person.
(section 31 and 32)

Hacking or cracking, refers to unauthorized access including the introduction

of computer viruses, is punishable by a fine from 100 thousand to maximum
commensuration to the damage. With imprisonment from 6 months to 3 years.
(section 33)

Piracy through the use of telecommunication networks, such as the Internet,

that infringes intellectual property rights is punishable. The penalties are the
same as hacking. (section 33)

All existing laws such as the Consumer Act of the Philippines also applies to e-
commerce transactions. (section 33)
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B. INTELLECTUAL PROPERTY CODE OF THE PHILIPINES (RA 8293)

According to the World Intellectual Property Organization (WIPO),

intellectual property (IP) is divided into two categories, namely, industrial
property and copyright. Industrial property includes inventions (patents),
trademarks, industrial designs, and geographic indications of source; while
copyright includes literary and artistic works such as novels, poems and plays,
films, musical works, artistic works such as drawings, paintings, photographs and
sculptures, and architectural designs.

"INTELLECTUAL PROPERTY RIGHTS" consists of:

• Copyright and Related Rights
• Trademarks and Service Marks
• Geographic Indications
• Industrial Designs
• Patents
• Layout-Designs (Topographies) of Integrated Circuits
• Protection of Undisclosed Information

The agency of the government in charge of the implementation of the

Intellectual Property Code is the Intellectual Property Office (IPOPHL). It is divided
into six [6] Bureaus, namely:

• Bureau of Patents
• Bureau of Trademarks
• Bureau of Legal Affairs
• Documentation, Information and Technology Transfer Bureau
• Management Information System and EDP Bureau
• Administrative, Financial and Personnel Services Bureau.

The Intellectual Property Office of the Philippines (IPOPHL) is the lead agency
responsible for handling the registration and conflict resolution of intellectual
property rights.

Features of RA 8293

1. LAWS IN PATENTS (Section 28-120)

A Patent is a grant issued by the government through the Intellectual

Property Office of the Philippines. It is an exclusive right granted for a product,
process or an improvement of a product or process which is new, inventive and
useful. This exclusive right gives the inventor the right to exclude others from
making, using, or selling the product of his invention during the life of the patent.
A patent has a term of protection of twenty (20) years providing an inventor
significant commercial gain. In return, the patent owner must share the full
description of the invention.
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PATENTABLE INVENTIONS - Any technical solution of a problem in any field

of human activity which is new, involves an inventive step and is
industrially applicable shall be patentable.

NON-PATENTABLE INVENTIONS

• Discovery
• Scientific theory
• Mathematical methods
• Scheme, rule and method of
• performing mental act
• playing games
• doing business
• program for computer
• Method for treatment – human or animal body by surgery or
therapy & diagnostic method
• Plant variety or animal breed or essentially biological processes for
the production of plants and animals
• Aesthetic creation
• Contrary to public order or morality

REQUIREMENT FOR PATENTABILITY

1. NOVELTY
2. INVENTIVE STEP
3. INDUSTRIAL APPLICABILITY

REQUIREMENTS FOR FILING A PATENT

1. Request for the Grant of Patent

2. Description of the Invention (Specification and Claim/s)
3. Drawings necessary for the Invention (if any)
4. Filing Fee

Section 29. First to File Rule. - If two (2) or more persons have made the invention
separately and independently of each other, the right to the patent shall belong to
the person who filed an application for such invention, or where two or more
applications are filed for the same invention, to the applicant who has the earliest
filing date or, the earliest priority date. (3rd sentence, Sec. 10, R.A. No. 165a.)

Section 30. Inventions Created Pursuant to a Commission. - 30.1. The person who
commissions the work shall own the patent, unless otherwise provided in the
contract.

30.2. In case the employee made the invention in the course of his
employment contract, the patent shall belong to:
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(a) The employee, if the inventive activity is not a part of his regular duties
even if the employee uses the time, facilities and materials of the employer.

(b) The employer, if the invention is the result of the performance of his
regularly-assigned duties, unless there is an agreement, express or implied, to
the contrary.

Section 73. Prior User. - 73.1. Notwithstanding Section 72 hereof, any prior user, who,
in good faith was using the invention or has undertaken serious preparations to use
the invention in his enterprise or business, before the filing date or priority date of the
application on which a patent is granted, shall have the right to continue the use
thereof as envisaged in such preparations within the territory where the patent
produces its effect.

Section 74. Use of Invention by Government. - 74.1. A Government agency or third

person authorized by the Government may exploit the invention even without
agreement of the patent owner where:

(a) The public interest, in particular, national security, nutrition, health or the
development of other sectors, as determined by the appropriate agency of
the government, so requires; or

(b) A judicial or administrative body has determined that the manner of

exploitation, by the owner of the patent or his licensee is anti-competitive.

2. THE LAW ON TRADEMARKS, SERVICE MARKS AND TRADE NAMES

(Section 121-170)

TRADEMARKS "Mark" means any visible sign capable of distinguishing the goods
(trademark) or services (service mark) of an enterprise and shall include a
stamped or marked container of goods.

A trademark is a tool used that differentiates goods and services from each
other. It is a very important marketing tool that makes the public identify goods
and services. A trademark can be one word, a group of words, sign, symbol,
logo, or a combination of any of these. Generally, a trademark refers to both
trademark and service mark, although a service mark is used to identify those
marks used for services only.

TRADEMARK PROTECTION

A trademark can be protected through registration. Registration gives the

trademark owner the exclusive right to use the mark and to prevent others from
using the same or similar marks on identical or related goods and services.

Before applying for trademark registration, it would help if you conduct a

search in the trademarks database to determine if there are identical or similar
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marks that would prevent the registration of your mark. This is to prevent future
conflicts with marks that are already registered or with earlier filing dates.

Section 145. Duration. - A certificate of registration shall remain in force for ten (10)
years: Provided, That the registrant shall file a declaration of actual use and
evidence to that effect, or shall show valid reasons based on the existence of
obstacles to such use, as prescribed by the Regulations, within one (1) year from the
fifth anniversary of the date of the registration of the mark. Otherwise, the mark shall
be removed from the Register by the Office. (Sec. 12, R.A. No. 166a)

Section 147. Rights Conferred. - 147.1. The owner of a registered mark shall have the
exclusive right to prevent all third parties not having the owner's consent from using
in the course of trade identical or similar signs or containers for goods or services
which are identical or similar to those in respect of which the trademark is registered
where such use would result in a likelihood of confusion. In case of the use of an
identical sign for identical goods or services, a likelihood of confusion shall be
presumed.

Section 157. Power of Court to Order Infringing Material Destroyed. - 157.1 In any
action arising under this Act, in which a violation of any right of the owner of the
registered mark is established, the court may order that goods found to be infringing
be, without compensation of any sort, disposed of outside the channels of
commerce in such a manner as to avoid any harm caused to the right holder, or
destroyed; and all labels, signs, prints, packages, wrappers, receptacles and
advertisements in the possession of the defendant, bearing the registered mark or
trade name or any reproduction, counterfeit, copy or colorable imitation thereof, all
plates, molds, matrices and other means of making the same, shall be delivered up
and destroyed.

Section 158. Damages; Requirement of Notice. - In any suit for infringement, the
owner of the registered mark shall not be entitled to recover profits or damages
unless the acts have been committed with knowledge that such imitation is likely
to cause confusion, or to cause mistake, or to deceive. Such knowledge is
presumed if the registrant gives notice that his mark is registered by displaying
with the mark the words '"Registered Mark" or the letter R within a circle or if the
defendant had otherwise actual notice of the registration. (Sec. 21, R.A. No.
166a)

3. THE LAW ON COPYRIGHT

COPYRIGHT is the legal protection extended to the owner of the rights in an

original work. “Original work” refers to every production in the literary, scientific
and artistic domain. Among the literary and artistic works enumerated in the IP
Code includes books and other writings, musical works, films, paintings and other
works, and computer programs.
Works are protected by the sole fact of their creation, irrespective of their
mode or form of expression, as well as their content, quality and purpose. Thus, it
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does not matter if, in the eyes of some critics, a certain work has little artistic
value. So long as it has been independently created and has a minimum of
creativity, the same enjoys copyright protection.

WORKS COVERED BY COPYRIGHT PROTECTION

• Books, pamphlets, articles and other writings

• Periodicals and newspapers
• Lectures, sermons, addresses, dissertations prepared for oral
delivery, whether or not reduced in writing or other material form
• Letters
• Dramatic or dramatic-musical compositions; choreographic works
or entertainment in dumb shows
• Musical compositions, with or without words Works of drawing,
painting, architecture, sculpture, engraving, lithography or other
work of art; models or designs for works of art
• Original ornamental designs or models for articles of manufacture,
whether or not registrable as an industrial design, and other works
of applied art
• Illustrations, maps, plans, sketches, charts and three-dimensional
works relative to geography, topography, architecture or science
• Drawings or plastic works of a scientific or technical character
• Photographic works including works produced by a process
analogous to photography; lantern slides
• Audiovisual works and cinematographic works and works
produced by a process analogous to cinematography or any
process for making audio-visual recordings
• Pictorial illustrations and advertisements
• Computer programs
• Other literary, scholarly, scientific and artistic works
•

TERM OF PROTECTION OF COPYRIGHT

In general, the term of protection of copyright for original and derivative works is
the life of the author plus fifty (50) years after his death. The Code specifies the
terms of protection for the different types of works.

In calculating the term of protection, the term of protection subsequent to the

death of the author shall run from the date of his death or of publication, but
such terms shall always be deemed to begin on the first day of January of the
year following the event which gave rise to them (i.e. death, publication,
making).

COPYRIGHT INFRINGEMENT - consists in infringing any right secured or protected

under the Code. It may also consist in aiding or abetting such infringement. The
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law also provides for the liability of a person who at the time when copyright
subsists in a work has in his possession an article which he knows, or ought to
know, to be an infringing copy of the work for the purpose of:

• Selling or letting for hire, or by way of trade offering or exposing for

sale or hire, the article
• Distributing the article for the purpose of trade, or for any other
purpose to an extent that will prejudice the rights of the copyright
owner in the work
• Trade exhibit of the article in public.

OTHERS:

INDUSTRIAL DESIGN - is the ornamental or aesthetic aspect of an article. The

design may consist of three-dimensional features, such as the shape or surface of
an article, or of two-dimensional features, such as patterns, lines or color.
Industrial designs are applied to a wide variety of products of industry and
handicraft: from technical and medical instruments to watches, jewelry, and
other luxury items; from house wares and electrical appliances to vehicles; from
textile designs to leisure goods. To be protected under most national laws, an
industrial design must be non-functional. This means that an industrial design is
primarily of an aesthetic nature and any technical features of the article to
which it is applied are not protected.

DESIGN PROTECTION When an industrial design is protected, the owner –

the person or entity that has registered the design – is assured an
exclusive right against unauthorized copying or imitation of the design by
third parties. This helps to ensure a fair return on investment. An effective
system of protection also benefits consumers and the public at large, by
promoting fair competition and honest trade practices, encouraging
creativity, and promoting more aesthetically attractive products.

UTILITY MODELS - is a protection option, which is designed to protect innovations

that are not sufficiently inventive to meet the inventive threshold required for
standard patents application. It may be any useful machine, implement, tools,
product, composition, process, improvement or part of the same, That is of
practical utility, novelty and industrial applicability. A utility model is entitled to
seven (7) years of protection from the date of filing, with no possibility of renewal.

Section 178. Rules on Copyright Ownership. - Copyright ownership shall be governed

by the following rules:

178.1 Subject to the provisions of this section, in the case of original literary
and artistic works, copyright shall belong to the author of the work;
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178.2. In the case of works of joint authorship, the co-authors shall be the
original owners of the copyright and in the absence of agreement, their
rights shall be governed by the rules on co-ownership. If, however, a work of
joint authorship consists of parts that can be used separately and the author
of each part can be identified, the author of each part shall be the original
owner of the copyright in the part that he has created;

178.3. In the case of work created by an author during and in the course of
his employment, the copyright shall belong to:

(a) The employee, if the creation of the object of copyright is not a part
of his regular duties even if the employee uses the time, facilities and
materials of the employer.

(b) The employer, if the work is the result of the performance of his
regularly-assigned duties, unless there is an agreement, express or
implied, to the contrary.

178.4. In the case of a work commissioned by a person other than an

employer of the author and who pays for it and the work is made in
pursuance of the commission, the person who so commissioned the work
shall have ownership of the work, but the copyright thereto shall remain with
the creator, unless there is a written stipulation to the contrary;

178.5. In the case of audiovisual work, the copyright shall belong to the
producer, the author of the scenario, the composer of the music, the film
director, and the author of the work so adapted. However, subject to
contrary or other stipulations among the creators, the producer shall exercise
the copyright to an extent required for the exhibition of the work in any
manner, except for the right to collect performing license fees for the
performance of musical compositions, with or without words, which are
incorporated into the work; and

Section 189. Reproduction of Computer Program. - 189.1. Notwithstanding the

provisions of Section 177, the reproduction in one (1) back-up copy or adaptation of
a computer program shall be permitted, without the authorization of the author of,
or other owner of copyright in, a computer program, by the lawful owner of that
computer program: Provided, That the copy or adaptation is necessary for:

(a) The use of the computer program in conjunction with a computer for the
purpose, and to the extent, for which the computer program has been
obtained; and

(b) Archival purposes, and, for the replacement of the lawfully owned copy
of the computer program in the event that the lawfully obtained copy of the
computer program is lost, destroyed or rendered unusable.
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C. OPTICAL MEDIA ACT OF 2003 (RA 9239)

The unregulated mastering, manufacture, replication, importation and

exportation of optical media in all forms is inimical to economic growth
and public interest.

Optical Media - a storage medium or device in which information,

including sounds and/or images, or software code, has been stored,
either by mastering and/or replication

OMB – Optical Media Board

To implement the policies and attain the objectives enunciated in
this RA 9239

Licensing and Regulation:

(a) Importation, exportation, acquisition, sale or distribution of
optical media, manufacturing equipment, parts and
accessories and manufacturing materials used or intended for
use in the mastering, manufacture or replication of optical
media;
(b) Possession or operation of manufacturing equipment, parts
and accessories, or the possession acquisition, sale or use of
manufacturing materials for the mastering, manufacture or
replication of optical media; and
(c) The mastering, manufacture, replication, importation or
exportation of optical media.
(d) Source Identification (SID) Codes. - The OMB shall determine,
develop and/or adopt a system of Source Identification (SID)
codes that is of international recognition and acceptance.

Grounds for Non-issuance or Non-renewal of License

(a) The applicant has failed to comply with any requirement
(b) convicted by final judgment of an offense under this Act or
any law relating to the protection of intellectual property
rights
(c) false or misleading information
(d) The applicant has been previously issued a license that has
been cancelled for cause within the preceding five (5) years
from the date of the application.

Grounds for Suspension or Cancellation of License

(a) when requested by the license holder;

(b) when the license holder has ceased to engage in the activities
authorized under the license or in the place, location or
premises indicated in the license;
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(c) when the license holder has been convicted of an offense

under this Act or under any other Law relating to the protection
of intellectual property rights; or
(d) when the license holder is in breach of, or is unable to comply
with any of the conditions prescribed in the license.

OFFENSES AND PENALTIES :

Section 19(a) Imprisonment of at least three (3) years but not more than six
(6) years, and a fine of not less than Five Hundred thousand pesos (Php
500,000.00) but not exceeding One Million five hundred thousand pesos
(Php 1,500,000.00), at the discretion of the Court-

(a) Operating without license

(b) mastering, manufacture or replication of any intellectual
property in optical media intended for commercial profit
without authority or consent of the owner thereof;
(c) without affixing or installing in the resulting products the SID
Code
(d) affixing or installing in the resulting products false SID or other
codes
(e) affixing or installing in the resulting products with SID or other
codes that have been assigned by the OMB to another person

Section 19(b) Imprisonment of at least one year but not more than three
years and a fine not less than one hundred thousand pesos, but not
exceeding five hundred thousand pesos, at the discretion of the court, for
the following offenses:

(a) Engaging in the importation, exportation, sale or distribution of, or

possess or acquire in commercial quantities manufacturing materials
used or intended for use in the mastering, manufacture or replication
of optical media without the necessary licenses from the OMB;
(b) Knowingly performing or rendering the service of mastering,
manufacture or replication of optical media, after having been
licensed by the OMB, to any person, in respect of any intellectual
property, who does not have the consent by the owner of the
intellectual property or his representatives or assigns;
(c) Refusing to submit to inspection by the OMB, or surrender for
preventive custody any optical media, equipment, manufacturing
materials, including parts, accessories and paraphernalia found during
inspection operations to be in violation of the provisions of this Act;
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For purposes of this subsection, violators who will employ armed resistance
against agents of the OMB shall be penalized under other applicable laws
in addition to those provide in this Act; and

(a) Imprisonment of at least 30 days but not more than 90 days or a fine of
not less than 25,000.00 pesos but not exceeding fifty thousand pesos at
the discretion of the court:

(1) Knowingly possess items of the same content or title, produced in

violation of this Act, and used for the purpose with the intent to
profit;

(2) Engaging in the sale, rental, distribution, importation, exportation

of, or any other commercial activity involving optical media that
are in violation of this Act.

(b) For subsequent offenses in Section 19(a), uniform imprisonment of six

(6) years but not more than nine (9) years and a fine of not less than One
Million five hundred thousand pesos (Php 1,500,000.00) but not exceeding
Three million pesos (Php 3,000,000.00) at the discretion of the Court, shall
be imposed.

(c) For subsequent offenses in Section 19(b), uniform imprisonment of

three (3) years but not more than six (6) years and a fine of not less than
Five hundred thousand pesos (Php 500,000.00) but not exceeding One
million five hundred pesos (PHp 1,500,000.00) at the discretion of the
Court, shall be imposed.

D. DATA PRIVACY ACT OF 2012 (RA 10173)

It is the policy of the State to protect the fundamental human right of

privacy, of communication while ensuring free flow of information to promote
innovation and growth. The State recognizes the vital role of information and
communications technology in nation-building and its inherent obligation to
ensure that personal information in information and communications systems in
the government and in the private sector are secured and protected.

RA 10173, or the Data Privacy Act, protects individuals from unauthorized

processing of personal information that is (1) private, not publicly available; and
(2) identifiable, where the identity of the individual is apparent either through
direct attribution or when put together with other available information.

Companies with at least 250 employees or access to the personal and

identifiable information of at least 1,000 people are required to register with the
National Privacy Commission and comply with the Data Privacy Act of 2012.

Applies even to acts done outside the Philippines if they relate to personal
information about a Philippine citizen or resident Alien and if the doer of the act
has a recognized link in the Philippines.
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DATA PROCESSING – any operation or any set of operations performed upon

personal information including, but not limited to, the collection, recording,
organization, storage, updating or modification, retrieval, consultation, use,
consolidation, blocking, erasure or destruction of data

PERSONAL INFORMATION - any information whether recorded in a material form

or not, from which the identity of an individual is apparent or can be reasonably
and directly ascertained by the entity holding the information, or when put
together with other information would directly and certainly identify an
individual.

INFORMATION AND COMMUNICATIONS SYSTEMS - a system for generating,

sending, receiving, storing or otherwise processing electronic data messages or
electronic documents and includes the computer system or other similar device
by or which data is recorded, transmitted or stored and any procedure related
to the recording, transmission or storage of electronic data, electronic message,
or electronic document.

DATA SUBJECT – an individual whose personal information is processed Scope

PERSONAL INFORMATION CONTROLLER - refers to a person or organization who

controls the collection, holding, processing or use of personal information,
including a person or organization who instructs another person or organization
to collect, hold, process, use, transfer or disclose personal information on his or
her behalf.

Features of RA 10173

1. It applies to processing of personal information (section 3g) and sensitive

personal information (Section 3L)

2. Criteria for Lawful Processing of Personal Information. – The processing of

personal information shall be permitted only if not otherwise prohibited by
law, and when at least one of the following conditions exists:

a) The data subject has given his or her consent;

b) The processing of personal information is necessary and is related to
the fulfillment of a contract with the data subject or in order to take
steps at the request of the data subject prior to entering into a
contract;
c) The processing is necessary for compliance with a legal obligation to
which the personal information controller is subject;
d) The processing is necessary to protect vitally important interests of the
data subject, including life and health;
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e) The processing is necessary in order to respond to national emergency,

to comply with the requirements of public order and safety, or to fulfill
functions of public authority which necessarily includes the processing
of personal data for the fulfillment of its mandate; or
f) The processing is necessary for the purposes of the legitimate interests
pursued by the personal information controller or by a third party or
parties to whom the data is disclosed, except where such interests are
overridden by fundamental rights and freedoms of the data subject
which require protection under the Philippine Constitution.

3. Created the National Privacy Commission to monitor the implementation of

this law. (section 7)

4. Companies who subcontract processing of personal information to 3rd party

shall have full liability and can’t pass the accountability of such responsibility.
(section 14)

5. Data subject has the right to know if their personal information is being
processed. The person can demand information such as the source of info,
how their personal information is being used, and copy of their information.
One has the right to request removal and destruction of one’s personal data
unless there is a legal obligation that required for it to be kept or processed.
(Section 16 and 18)

6. If the data subject has already passed away or became incapacitated (for
one reason or another), their legal assignee or lawful heirs may invoke their
data privacy rights. (Section 17)

7. Personal information controllers must ensure security measures are in place to

protect the personal information they process and be compliant with the
requirements of this law. (Section 20 and 21)

8. In case a personal information controller systems or data got compromised,

they must notify the affected data subjects and the National Privacy
Commission. (Section 20)

9. Heads of government agencies must ensure their system compliance to this

law (including security requirements). Personnel can only access sensitive
personal information off-site, limited to 1000 records, in government systems
with proper authority and in a secured manner. (Section 22)

10. Government contractors who have existing or future deals with the
government that involves accessing of 1000 or more records of individuals
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should register their personal information processing system with the National
Privacy Commission. (Section 25)

11. Provided penalties (up to 5 million as per sec. 33) on the processing of
personal information and sensitive personal information based on the
following acts:
– Unauthorized processing (sec. 25)
– Negligence (sec. 26)
– Improper disposal (sec. 27)
– Unauthorized purposes (sec. 28)
– Unauthorized access or intentional breach (sec. 29)
– Concealment of security breaches (sec. 30)
– Malicious (sec. 31) and unauthorized disclosure (sec. 32)

If at least 100 persons are harmed, the maximum penalty shall apply (section 35).

12. For public officers (working in government), an accessory penalty consisting

in the disqualification to occupy public office for a term double the term of
criminal penalty imposed shall he applied. (sec. 36)
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E. DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY ACT OF

2015 (RA 10844)

OBJECTIVES:

Department of Information and Communication Technology shall be the primary

policy, planning, coordinating, implementing, and administrative entity of the
Executive Branch of the government that will plan, develop, and promote the
national ICT development agenda.

DICT’s powers and functions:

1. Policy and Planning
2. Improved Public
3. Resource-Sharing and Capacity-Building
4. Consumer Protection and Industry Development

The regional offices shall have, within their respective administrative regions, the
following functions:

- Implement laws, policies, plans, programs, projects, rules and

regulations of the Department:
- Provide efficient and effective service to the people:
- Coordinate with regional offices of other departments, offices, and
agencies;
- Coordinate with the LG Us; and
- Perform such other functions as may be provided by law or assigned
by the Secretary.

The following agencies are hereby attached, to the Department for policy and
program coordination, and shall continue to operate and function in
accordance with the charters, laws or orders creating them, insofar as they are
not inconsistent with this Act:

(1) National Telecommunications Commission;

(2) National Privacy Commission; and
(3) Cybercrime Investigation and Coordination Center (CICC)
- All powers and functions related to cybersecurity including, but not
limited to the formulation of the National Cybersecurity Plan,
establishment of the National Computer Emergency Response Team
(CERT), and the facilitation of international cooperation on intelligence
regarding cybersecurity matters are transferred to the Department;
and

- The CICC shall be chaired by the DICT Secretary.

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F. CYBER CRIME PREVENTION ACT (RA 10175)

OBJECTIVES: aims to address legal issues concerning online interactions. Among

the cybercrime offenses included in the bill are cybersquatting, cybersex, child
pornography, identity theft, illegal access to data and libel.

CYBER CRIME OFFENSES

• Offenses against the confidentiality, integrity and availability of computer

data and systems

Illegal Access - The access to the whole or any part of a computer system
without right.

Illegal Interception - The interception made by technical means 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.

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.

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 computer program, electronic document,
or electronic data message, without right or authority, including the
introduction or transmission of viruses.

Misuse of Devices - The use, production, sale, procurement, importation,

distribution, or otherwise making available, without right, of:

- A device, including a computer program, designed or

adapted primarily for the purpose of committing any of the
offenses under this Act; or
- 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 intent that it be used for
the purpose of committing any of the offenses under this
Act.

Cyber-squatting - The acquisition of a domain name over the internet in

bad faith to profit, mislead, destroy reputation, and deprive others from
registering the same, if such a domain name is:
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- Similar, identical, or confusingly similar to an existing

trademark registered with the appropriate government
agency at the time of the domain name registration:
- Identical or in any way similar with the name of a person
other than the registrant, in case of a personal name; and
- Acquired without right or with intellectual property interests
in it.
• Computer-related offenses

Computer-related Forgery- 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 the act of knowingly using computer data which is the
product of computer-related forgery as defined herein, for the purpose of
perpetuating a fraudulent or dishonest design.

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:
Provided, That if no damage has yet been caused, the penalty imposable
shall be one (1) degree lower.

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: Provided,
That if no damage has yet been caused, the penalty imposable shall be
one (1) degree lower.

• Content-related offenses

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.

Child Pornography - The unlawful or prohibited acts defined and

punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of
2009, committed through a computer system. The penalty to be imposed
shall be (1) one degree higher than that provided for in Republic Act No.
9775.

Unsolicited Commercial Communications - The transmission of

commercial electronic communication with the use of computer system
which seek to advertise, sell, or offer for sale products and services are
prohibited unless:
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- There is prior affirmative consent from the recipient; or

- The primary intent of the communication is for service
and/or administrative announcements from the sender to its
existing users, subscribers or customers; or
- The following conditions are present:
- The commercial electronic communication contains a
simple, valid, and reliable way for the recipient to reject
receipt of further commercial electronic messages (opt-out)
from the same source;
- The commercial electronic communication does not
purposely disguise the source of the electronic message;
and
- The commercial electronic communication does not
purposely include misleading information in any part of the
message in order to induce the recipients to read the
message.

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 which may be devised in the future.

Other offenses under R.A. 10175

- Aiding or Abetting in the Commission of Cybercrime - Any person who

willfully abets or aids in the commission of any of the offenses
enumerated in this Act shall be held liable.
- Attempt in the Commission of Cybercrime - Any person who willfully
attempts to commit any of the offenses enumerated in R.A. 10175 shall
be held liable.

Law enforcement authorities, such as the National Bureau of Investigation (NBI)

and the Philippine National Police (PNP) shall be responsible for the
implementation of the provisions of this Act.

The Department of Justice (DOJ) shall be responsible for assisting in

investigations or proceedings concerning criminal offenses related to computer
systems or data, in collection of electronic evidence of criminal offense and in
ensuring the provisions of the law are complied with.

SEARCH, SEIZURE AND EXAMINATION OF COMPUTER DATA (SECTION 15)

— Where a search and seizure warrant is properly issued, the law

enforcement authorities shall likewise have the following powers and duties.

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

defined in this Act, and:
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(a) To secure a computer system or a computer data storage medium;

(b) To make and retain a copy of those computer data secured;

(c) To maintain the integrity of the relevant stored computer data;

(d) To conduct forensic analysis or examination of the computer data

storage medium; and

(e) To render inaccessible or remove those computer data in the accessed

computer or computer and communications network.

Custody of Computer Data. — All computer data, including content and traffic
data, 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 access the deposit,
among other relevant data. The law enforcement authority shall also certify that
no duplicates or copies of the whole or any part thereof have been made, or if
made, that all such duplicates or copies are included in the package
deposited with the court. The package so deposited shall not be opened, or
the recordings replayed, or used in evidence, or then contents revealed,
except upon order of the court, which shall not 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.

Destruction of Computer Data. — Upon expiration of the periods as provided in

Sections 13 and 15, service providers and law enforcement authorities, as the
case may be, shall immediately and completely destroy the computer data
subject of a preservation and examination.

Exclusionary Rule. — Any evidence procured without a valid warrant or beyond

the authority of the same shall be inadmissible for any proceeding before any
court or tribunal.

Restricting or Blocking Access to Computer Data. — When a computer data is

prima facie found to be in violation of the provisions of this Act, the DOJ shall
issue an order to restrict or block access to such computer data.