The Cybercrime Prevention Act of 2012, officially recorded as

Republic Act No. 10175, is a law in the Philippines approved on September

12, 2012. It aims to address legal issues concerning online interactions and
the Internet in the Philippines.

From my review and understanding, the law:

1. Penalizes (section 8) sixteen types of cybercrime (Section 4). They are:

Types of Cybercrime Penalty

Prision mayor (imprisonment of six
years and 1 day up to 12 years) or a fine
of at least Two hundred thousand pesos
(P200,000) up to a maximum amount
commensurate to the damage incurred
1. Illegal access or BOTH.————————If committed
Unauthorized access (without right) to a computer against critical infrastructure:Reclusion
system or application. temporal (imprisonment for twelve
years and one day up to twenty years) or
a fine of at least Five hundred thousand
pesos (P500,000) up to a maximum
amount commensurate to the damage
incurred or BOTH
2. Illegal interception
Unauthorized interception of any non-public
– same as above
transmission of computer data to, from, or within
a computer system.
3. Data Interference
Unauthorized alteration, damaging, deletion or
deterioration of computer data, electronic
document, or electronic data message, and
including the introduction or transmission of – same as above
viruses.Authorized action can also be covered by
this provision if the action of the person went
beyond agreed scope resulting to damages stated
in this provision.
4. System Interference
Unauthorized hindering or interference with the
functioning of a computer or computer network by
inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer – same as above
data or program, electronic document, or
electronic data messages, and including the
introduction or transmission of viruses.Authorized
action can also be covered by this provision if the
action of the person went beyond agreed scope
resulting to damages stated in this provision.
5. Misuse of devices
The unauthorized use, possession, production,
sale, procurement, importation, distribution, or
otherwise making available, of devices, computer
program designed or adapted for the purpose of
– same as above except fine should be
committing any of the offenses stated in Republic
no more than Five hundred thousand
Act 10175.Unauthorized use of computer
pesos (P500,000).
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 Republic Act 10175.
6. Cyber-squatting
Acquisition of domain name over the Internet in
bad faith to profit, mislead, destroy reputation,
and deprive others from the registering the same.
This includes those existing trademark at the time
of registration; names of persons other than the
registrant; and acquired with intellectual property
interests in it.Those who get domain names of
– same as above
prominent brands and individuals which in turn is
used to damage their reputation – can be sued
under this provision.Note that freedom of
expression and infringement on trademarks or
names of person are usually treated separately. A
party can exercise freedom of expression without
necessarily violating the trademarks of a brand or
names of persons.
7. Computer-related Forgery
Unauthorized input, alteration, or deletion of
computer data resulting to inauthentic data with Prision mayor (imprisonment of six
the intent that it be considered or acted upon for years and 1 day up to 12 years) or a fine
legal purposes as if it were authentic, regardless of at least Two hundred thousand pesos
whether or not the data is directly readable and (P200,000) up to a maximum amount
intelligible; orThe act of knowingly using commensurate to the damage incurred
computer data which is the product of computer- or BOTH.
related forgery as defined here, for the purpose of
perpetuating a fraudulent or dishonest design.
8. Computer-related Fraud
Unauthorized input, alteration, or deletion of – same as aboveProvided, That if no
computer data or program or interference in the damage has yet been caused, the penalty
functioning of a computer system, causing damage imposed shall be one (1) degree lower.
thereby with fraudulent intent.
9. Computer-related Identity Theft
Unauthorized acquisition, use, misuse, transfer, – same as above
possession, alteration or deletion of identifying
information belonging to another, whether natural
or juridical.
10. Cybersex
Willful engagement, maintenance, control, or
operation, directly or indirectly, of any lascivious
exhibition of sexual organs or sexual activity, with
Prision mayor (imprisonment of six
the aid of a computer system, for favor or
years and 1 day up to 12 years) or a fine
consideration.There is a discussion on this matter
of at least Two hundred thousand pesos
if it involves “couples” or “people in relationship”
(P200,000) but not exceeding One
who engage in cybersex. For as long it is not done
million pesos (P1,000,000) or BOTH.
for favor or consideration, I don’t think it will be
covered. However, if one party (in a couple or
relationship) sues claiming to be forced to do
cybersex, then it can be covered.
11. Child Pornography
Penalty to be imposed shall be one (1)
Unlawful or prohibited acts defined and
degree higher than that provided for in
punishable by Republic Act No. 9775 or the Anti-
Republic Act 9775, if committed through
Child Pornography Act of 2009, committed
a computer system.
through a computer system.
****** Unsolicited Commercial
Communications (SPAMMING)
THIS PROVISION WAS STRUCK DOWN BY
THE SUPREME COURT AS
UNCONSTITUTIONAL.
12. Libel
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.Revised Penal Code Art. 355
states Libel means by writings or similar means.
— A libel committed by means of writing, printing,
lithography, engraving, radio, phonograph,
painting, theatrical exhibition, cinematographic
Penalty to be imposed shall be one (1)
exhibition, or any similar means, shall be punished
degree higher than that provided for by
by prision correccional in its minimum and
the Revised Penal Code, as amended,
medium periods or a fine ranging from 200 to
and special laws, as the case may be.
6,000 pesos, or both, in addition to the civil action
which may be brought by the offended party.The
Cybercrime Prevention Act strengthened libel in
terms of penalty provisions.

The electronic counterpart of libel has been

recognized since the year 2000 when the E-
Commerce Law was passed. The E-Commerce
Law empowered all existing laws to recognize its
electronic counterpart whether commercial or
not in nature.

Imprisonment of one (1) degree lower

13. Aiding or Abetting in the commission of than that of the prescribed penalty for
cybercrime – Any person who willfully abets or the offense or a fine of at least One
aids in the commission of any of the offenses hundred thousand pesos (P100,000) but
enumerated in this Act shall be held liable. not exceeding Five hundred thousand
pesos (P500,000) or both.
14. Attempt in the commission of
cybercrime Any person who willfully attempts to
– same as above
commit any of the offenses enumerated in this Act
shall be held liable.
15. All crimes defined and penalized by
the Revised Penal Code, as amended, and special Penalty to be imposed shall be one (1)
laws, if committed by, through and with the use of degree higher than that provided for by
information and communications technologies the Revised Penal Code, as amended,
shall be covered by the relevant provisions of this and special laws, as the case may be.
Act.
Although not exactly a cybercrime, I am including
this here as penalties are also imposed by the law.
For sanctioned actions, Juridical person
16. Corporate Liability. (Section 9)
shall be held liable for a fine equivalent
When any of the punishable acts herein defined
to at least double the fines imposable in
are knowingly committed on behalf of or for the
Section 7 up to a maximum of Ten
benefit of a juridical person, by a natural person
million pesos (P10,000,000).For neglect
acting either individually or as part of an organ of
such as misuse of computer resources
the juridical person, who has a leading position
that resulted to cybercrime committed in
within, based on:(a) a power of representation of
organization physical or virtual premises
the juridical person provided the act committed
or resources, juridical person shall be
falls within the scope of such authority;(b) an
held liable for a fine equivalent to at
authority to take decisions on behalf of the
least double the fines imposable in
juridical person. Provided, That the act committed
Section 7 up to a maximum of Five
falls within the scope of such authority; or(c) an
million pesos (P5,000,000).Criminal
authority to exercise control within the juridical
liability may still apply to the natural
person,It also includes commission of any of the
person.
punishable acts made possible due to the lack of
supervision or control.