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    This document analyzes the legality of Philippine immigration and customs officials conducting searches of individuals' laptops and electronic devices. It begins with an introduction and statement of the problem. It then reviews related literature on police power of the state, border search doctrine in American jurisprudence, warrantless searches, routine airport frisking, Philippine cybercrime law (RA 10175), and a relevant case on the constitutionality of RA 10175. The document then presents findings from this research and analyzes the data. It concludes with a determination on the legality of electronic device searches by Philippine officials.

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    This document analyzes the legality of Philippine immigration and customs officials conducting searches of individuals' laptops and electronic devices. It begins with an introduction and statement of the problem. It then reviews related literature on police power of the state, border search doctrine in American jurisprudence, warrantless searches, routine airport frisking, Philippine cybercrime law (RA 10175), and a relevant case on the constitutionality of RA 10175. The document then presents findings from this research and analyzes the data. It concludes with a determination on the legality of electronic device searches by Philippine officials.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    Download as doc, pdf, or txt
    20 views4 pages

    Group 15 First Draft Cover Page, Table of Contents, Bibliography

    Uploaded by

    Quijano Myk
    This document analyzes the legality of Philippine immigration and customs officials conducting searches of individuals' laptops and electronic devices. It begins with an introduction and statement of the problem. It then reviews related literature on police power of the state, border search doctrine in American jurisprudence, warrantless searches, routine airport frisking, Philippine cybercrime law (RA 10175), and a relevant case on the constitutionality of RA 10175. The document then presents findings from this research and analyzes the data. It concludes with a determination on the legality of electronic device searches by Philippine officials.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    of 4

    The Legality of the Philippine Immigration and Customs Officials to Conduct

    Searches on an Individual's Laptop and Electronic Devices

    Submitted to:

    Atty. David L. Ballesteros

    Group 15

    Barcena, Kendrick H.

    Dayan, Davin Michael B.

    Maldo, Rey B.

    Hilal, Jalanie B.

    Manjares, Llewwllyn B. Jr.

    26 March 2017
    TABLE OF CONTENTS

    Page
    I. Abstact 1

    II. Introduction 2

    III. Statement of the Problem 4

    IV. Scope and Limitation 4

    V. Signifacance of the Study 5

    VII. Methodology 5

    VIII. Review of Related Literature


    A. Police Power of the State 6
    B. BORDER SEARCH DOCTRINE: The American Jurisprudence 7
    C. WARRANTLESS SEARCH: The Legal Basis 12
    D. ROUTINE SEARCH: AIRPORT FRISKING AT THE AIRPORT 15
    E. PHILIPPINE CYBER CRIME LAW: REPUBLIC ACT 10175 16
    F. The DISINI CASE: RA 10175 UNDER SCRUTINY 17

    IX. Findings 19

    X. Analysis of Data 20

    XI. Conclusion 22
    BIBLIOGRAPHY

    1987 Philippine Constitution

    Abalahin vs. People of the Philippines, G.R. No. 191023, 06 February 2013.

    Association of Corporate Travel Executives ACTE, Amicus Curae Brief No. 06-50581,

    Avendano, Christine, 87% of Filipino Internet users have been victims of cybercrimes–
    DOJ, 01 January 2013. Retrieved: 11 April 2016
    http://technology.inquirer.net/21557/87-of-filipino-internet-users-have-been-victims-of-cybercrimes-doj#ixzz47HTxa7Zs,

    Agence France-Presse, PH a global 'source' for child cybersex industry.


    17 January 2014
    http://www.rappler.com/nation/48262-ph-source-child-cybersex-industry. Retrieved: 14 April 2016.

    Bector, Sunil. Your Laptop Please: The Search and Seizure of Electronic Devises at the
    US Border. January 2009.

    Edu v. Ericta, No. L-32096, October 24, 1970.

    Jesus Disini vs. Executives Secretary, G.R. No. 203335, February 11, 2014.

    Philippine Association of Service Exporter, Inc. vs. Drilon, G.R. No. 81958, June 30,
    1988.

    People of the Republic of the Philippines vs Aruta. G.R. No. 120915, April 3, 1998.

    People of the Philippines vs Cadidia, G.R. No. 191263, October 16, 2013.

    Republic Act No.10175, The Cybercrime Prevention Act of 2012

    Travel Executives Seek Guidance on Laptop Seizure, Content Review by Border


    Agents, 5 Privacy & Sec. L. Rep. 1502. 30 October 2006.

    Torres v. Puerto Rico, 442 U.S. 465, 472-73 (1979).

    United States vs. Arnold. 523 F.3d 941 (9th Cir. 2008).

    United States vs. Ickes, 393 F.3d at 507.

    Valeros, Maria Eleanor,. Cyber-Terrorism: Is the Philippines Ready. Retrieved: 16 April


    2016. http://www.philstar.com/cebu-news/725738/cyberterrorism-phil-ready.

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