MIDTERM EXAM

Name: Marlon L. Lopez Score:

Course: BSHM 2 – Block C Date: September 12, 2021

Part 1.

1. Prohibited Acts and Penalties of R.A. no. 7394:

Under Republic Act 7394 Article 18 are the prohibited acts. It is stated that it shall be
unlawful for any person to:
a) manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines any
consumer product which is not in conformity with an applicable consumer product quality or safety
standard promulgated in this Act;
b) manufacture for sale, offer for sale, distribute in commerce, or import into the Philippines
any consumer product which has been declared as banned consumer product by a rule in this Act;
c) refuse access to or copying of pertinent records or fail or refuse to permit entry of or
inspection by authorized officers or employees of the department;
d) fail to comply with an order issued under Article 11 relating to notifications of substantial
product hazards and to recall, repair, replacement or refund of unsafe products;
e) fail to comply with the rule prohibiting stockpiling.

Stated in the Article 19 are the penalties when an act is found to be guilty of anything
from the prohibited acts of this Republic Act.
a) Any person who shall violate any provision of Article 18 shall upon conviction, be subject to a fine
of not less than One thousand pesos (P1,000.00) but not more than Ten thousand pesos (P10,000.00)
or imprisonment of not less than two (2) months but not more than one (1) year, or both upon the
discretion of the court. If the offender is an alien, he shall be deported after service of sentence and
payment of fine without further deportation proceedings.
b) In case the offender is a naturalized citizen, he shall, in addition to the penalty prescribed
herein, suffer the penalty of cancellation of his naturalization certificate and its registration in the civil
register and immediate deportation after service of sentence and payment of fine.
c) Any director, officer or agent of a corporation who shall authorize, order or perform any of
the acts or practices constituting in whole or in part a violation of Article 18, and who has knowledge
or notice of noncompliance received by the corporation from the concerned department, shall be
subject to penalties to which that corporation may be subject.
In case the violation is committed by, or in the interest of a foreign juridical person duly licensed to
engage in business in the Philippines, such license to engage in business in the Philippines shall
immediately be revoked.

2. Plagiarism under the E-Commerce Act

If plagiarism is committed in the form of "online piracy" by using the internet or other
telecommunications networks, and the same act constitutes copyright infringement as discussed in the
preceding section, the person committing it may also be held criminally liable under Republic Act No.
8792 (otherwise known as the Electronic Commerce Act or "E-Commerce Act"). Under Section 33
(b) of the law:
Piracy or the unauthorized copying, reproduction, dissemination, distribution,
importation, use, removal, alteration, substitution, modification, storage, uploading,
downloading, communication, making available to the public, or broadcasting of protected
material, electronic signature or copyrighted works including legally protected sound
recordings or phonograms or information material on protected works , through the use of
telecommunication networks, such as, but not limited to, the internet, in a manner that
infringes intellectual property rights shall be punished by a minimum fine of One hundred
thousand pesos (Pioo,ooo.oo) and a maximum commensurate to the damage incurred and a
mandatory imprisonment of six (6) months to three (3) years

The E-Commerce Act aims to preserve the integrity of channels of information and
communications in the country in order to facilitate lawful commerce and other economic activities.
Thus, it penalizes acts that use information and communications technology ("ICT") networks to
commit criminal and other illicit activities. The provision quoted above, Section 33 (b) of the law,
focuses on copyright infringement committed online. Thus, in the context of plagiarism, if a person
uses the internet to appropriate the intellectual creation of another without attribution (i.e., in the form
of "online piracy"), and such appropriation amounts to copyright infringement under the IPC, he/she
will likewise be liable under the E-Commerce Act.

Plagiarism under the Cybercrime Prevention Act

Signed into law on 12 September 2012 by President Benigno S. Aquino III, Republic Ac t No.
10175 (otherwise known as the "Cybercrime Prevention Act" of 2012) seeks to keep ICT networks
and facilities free of criminal activities. While the primary focus of the Cybercrime Prevention Act is
the definition and punishment of specific "cybercrimes" such as cyber-attacks, online fraud, cybersex
and child pornography, it also provides for a general criminal liability for all other violations of the
Revised Penal Code and other special penal laws when committed through information and
communications technologies. Section 6 of the law provides:
 All crimes defined and penalized by the Revised Penal Code, as amended, and special
laws, if committed by, through and with the use of information and communications
technologies shall be covered by the relevant provisions of this Act: Provided, That the
penalty to be imposed shall be one (1) degree higher than that provided for by the Revised
Penal Code, as amended, and special laws, as the case may be.
Therefore, pursuant to the aforequoted provision, if an act of plagiarism amounts to a
copyright infringement under the IPC, a special law, then the violator may likewise be held liable
under the Cybercrime Prevention Act if he/she uses ICT for its commission.
Summarizing the law, plagiarism i s punishable as a crime if it was committed with deliberate
intent and amounts to copyright infringement under the IPC. If copyright infringement was
committed, the violator can be held liable under the IPC; in addition, he/she can also be held liable
under (1) the Cybercrime Prevention Act, if the plagiarism was committed through an ICT network or
facility like the internet, and/or (2) the E-Commerce Act, if the plagiarism takes the form of "online
piracy" as described in Section 33 (b) of the law.

3. Prohibited Acts and Penalties under R.A no. 8484

Under Republic Act 8484 Section 10 are the prohibited acts. It is stated that acts shall
constitute access device fraud and are hereby declared to be unlawful:
a) producing, using, trafficking in one or more counterfeit access devices;
(b) trafficking in one or more unauthorized access devices or access devices fraudulently
applied for;
(c) using, with intent to defraud, an unauthorized access device;
(d) using an access device fraudulently applied for;
(e) possessing one or more counterfeit access devices or access devices fraudulently applied
for;
(f) producing, trafficking in, having control or custody of, or possessing device-making or
altering equipment without being in the business or employment, which lawfully deals with
the manufacture, issuance, or distribution of such equipment;
(g) inducing, enticing, permitting or in any manner allowing another, for consideration or
otherwise to produce, use, traffic in counterfeit access devices, unauthorized access devices or
access devices fraudulently applied for;
(h) multiple imprinting on more than one transaction record, sales slip or similar document,
thereby making it appear that the device holder has entered into a transaction other than those
which said device holder had lawfully contracted for, or submitting, without being an
affiliated merchant, an order to collect from the issuer of the access device, such extra sales
slip through an affiliated merchant who connives therewith, or, under false pretenses of being
an affiliated merchant, present for collection such sales slips, and similar documents;
 (i) disclosing any information imprinted on the access device, such as, but not limited to, the
account number or name or address of the device holder, without the latter's authority or
permission;
(j) obtaining money or anything of value through the use of an access device, with intent to
defraud or with intent to gain and fleeing thereafter;
(k) having in one's possession, without authority from the owner of the access device or the
access device company, an access device, or any material, such as slips, carbon paper, or any
other medium, on which the access device is written, printed, embossed, or otherwise
indicated;
(l) writing or causing to be written on sales slips, approval numbers from the issuer of the
access device of the fact of approval, where in fact no such approval was given, or where, if
given, what is written is deliberately different from the approval actually given;
(m) making any alteration, without the access device holder's authority, of any amount or
other information written on the sales slip;
(n) effecting transaction, with one or more access devices issued to another person or persons,
to receive payment or any other thing of value;
(o) without the authorization of the issuer of the access device, soliciting a person for the
purpose of:
1) offering an access device; or
2) selling information regarding or an application to obtain an access device; or
(p) without the authorization of the credit card system member or its agent, causing or
arranging for another person to present to the member or its agent, for payment, one or more
evidence or records of transactions made by credit card.

Stated in the Section 11 are the penalties when any person committing any of the acts
constituting access device fraud enumerated in the immediately preceding section shall be
punished with:

(a) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense,
whichever is greater and imprisonment for not less than six (6) years and not more than ten
(10) years, in the case of an offense under Section 9 (b)-(e), and (g)-(p) which does not occur
after a conviction for another offense under Section 9;

(b) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, and
imprisonment for not less than ten (10) years and for not more than twelve (12) years, in the
case of an offense under Section 9 (a), and (f) of the foregoing section, which does not occur
after a conviction for another offense under Section 9; and

(c) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, or
imprisonment for not less than twelve (12) years and not more than twenty (20) years, or
 both, in the case of any offense under Section 9, which occurs after a conviction for another
offense under said subsection, or an attempt to commit the same.

4. Prohibited Acts and Penalties under R.A no. 8792

Stated in the Section 33 are the penalties when an act is found to be guilty of violating
R.A 8792 shall be penalized by fine and/or imprisonment, as follows:

a)(32) Hacking or cracking which refers to unauthorized access into or interference in a

computer system/server or information and communication system; or any access in order to
corrupt, alter, steal, or destroy using a computer or other similar information and
communication devices, without the knowledge and consent of the owner of the computer or
information and communication system, including the introduction of computer viruses and
the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data
messages or electronic documents shall be punished by a minimum fine of One hundred
thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a
mandatory imprisonment of six (6) months to three (3) years;

b)(33) Piracy or the unauthorized copying, reproduction, dissemination, distribution,

importation, use, removal, alteration, substitution, modification, storage, uploading,
downloading, communication, making available to the public, or broadcasting of protected
material, electronic signature or copyrighted works including legally protected sound
recordings or phonograms or information material on protected works, through the use of
telecommunication networks, such as, but not limited to, the internet, in a manner that
infringes intellectual property rights shall be punished by a minimum fine of One hundred
thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a
mandatory imprisonment of six (6) months to three (3) years;

c)(34) Violations of the Consumer Act or Republic Act No. 7394 and other relevant or
pertinent laws through transactions covered by or using electronic data messages or electronic
documents, shall be penalized with the same penalties as provided in those laws;

d)(35) Other violations of the provisions of this Act, shall be penalized with a maximum
penalty of One million pesos (P1,000,000.00) or six (6) years imprisonment.

5. Prohibited Acts and Penalties under R.A no. 9178

Section 13. Penalty - Any person who shall willfully violates any provision of this Act or who
shall in any manner commit any act to defeat any provisions of this Act shall, upon
conviction, be punished by a fine of not less than twenty-five Thousand Pesos (P25,000.00)
but not more than Fifty Thousand Pesos (P50,000.00) and suffer imprisonment of not less
than six (6) months but not more than two (2) years.

In case of non-compliance with the provisions of Section 9 of this Act, the BSP shall impose
administrative sanctions and other penalties on the concerned government financial
institutions, including a fine of not less than Five Hundred Thousand Pesos (P500,000.00)
6. Prohibited Acts and Penalties under R.A no. 10173

CHAPTER VIII
PENALTIES

SEC. 25. Unauthorized Processing of Personal Information and Sensitive Personal Information. – (a)
The unauthorized processing of personal information shall be penalized by imprisonment ranging
from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall be imposed on persons
who process personal information without the consent of the data subject, or without being authorized
under this Act or any existing law.

(b) The unauthorized processing of personal sensitive information shall be penalized by imprisonment
ranging from three (3) years to six (6) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Four million pesos (Php4,000,000.00) shall be imposed on
persons who process personal information without the consent of the data subject, or without being
authorized under this Act or any existing law.

SEC. 26. Accessing Personal Information and Sensitive Personal Information Due to Negligence. –
(a) Accessing personal information due to negligence shall be penalized by imprisonment ranging
from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall be imposed on persons
who, due to negligence, provided access to personal information without being authorized under this
Act or any existing law.

(b) Accessing sensitive personal information due to negligence shall be penalized by imprisonment
ranging from three (3) years to six (6) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Four million pesos (Php4,000,000.00) shall be imposed on
persons who, due to negligence, provided access to personal information without being authorized
under this Act or any existing law.

SEC. 27. Improper Disposal of Personal Information and Sensitive Personal Information. – (a) The
improper disposal of personal information shall be penalized by imprisonment ranging from six (6)
months to two (2) years and a fine of not less than One hundred thousand pesos (Php100,000.00) but
not more than Five hundred thousand pesos (Php500,000.00) shall be imposed on persons who
knowingly or negligently dispose, discard or abandon the personal information of an individual in an
area accessible to the public or has otherwise placed the personal information of an individual in its
container for trash collection.

(b) The improper disposal of sensitive personal information shall be penalized by imprisonment
ranging from one (1) year to three (3) years and a fine of not less than One hundred thousand pesos
(Php100,000.00) but not more than One million pesos (Php1,000,000.00) shall be imposed on persons
who knowingly or negligently dispose, discard or abandon the personal information of an individual
in an area accessible to the public or has otherwise placed the personal information of an individual in
its container for trash collection.

SEC. 28. Processing of Personal Information and Sensitive Personal Information for Unauthorized
Purposes. – The processing of personal information for unauthorized purposes shall be penalized by
imprisonment ranging from one (1) year and six (6) months to five (5) years and a fine of not less than
Five hundred thousand pesos (Php500,000.00) but not more than One million pesos
(Php1,000,000.00) shall be imposed on persons processing personal information for purposes not
authorized by the data subject, or otherwise authorized under this Act or under existing laws.
The processing of sensitive personal information for unauthorized purposes shall be penalized by
imprisonment ranging from two (2) years to seven (7) years and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall be
imposed on persons processing sensitive personal information for purposes not authorized by the data
subject, or otherwise authorized under this Act or under existing laws.

SEC. 29. Unauthorized Access or Intentional Breach. – The penalty of imprisonment ranging from
one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall be imposed on persons
who knowingly and unlawfully, or violating data confidentiality and security data systems, breaks in
any way into any system where personal and sensitive personal information is stored.

SEC. 30. Concealment of Security Breaches Involving Sensitive Personal Information. – The penalty
of imprisonment of one (1) year and six (6) months to five (5) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00)
shall be imposed on persons who, after having knowledge of a security breach and of the obligation to
notify the Commission pursuant to Section 20(f), intentionally or by omission conceals the fact of
such security breach.

SEC. 31. Malicious Disclosure. – Any personal information controller or personal information
processor or any of its officials, employees or agents, who, with malice or in bad faith, discloses
unwarranted or false information relative to any personal information or personal sensitive
information obtained by him or her, shall be subject to imprisonment ranging from one (1) year and
six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than One million pesos (Php1,000,000.00).

SEC. 32. Unauthorized Disclosure. – (a) Any personal information controller or personal information
processor or any of its officials, employees or agents, who discloses to a third party personal
information not covered by the immediately preceding section without the consent of the data subject,
shall he subject to imprisonment ranging from one (1) year to three (3) years and a fine of not less
than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos
(Php1,000,000.00).

(b) Any personal information controller or personal information processor or any of its officials,
employees or agents, who discloses to a third party sensitive personal information not covered by the
immediately preceding section without the consent of the data subject, shall be subject to
imprisonment ranging from three (3) years to five (5) years and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00).

SEC. 33. Combination or Series of Acts. – Any combination or series of acts as defined in Sections 25
to 32 shall make the person subject to imprisonment ranging from three (3) years to six (6) years and a
fine of not less than One million pesos (Php1,000,000.00) but not more than Five million pesos
(Php5,000,000.00).

SEC. 34. Extent of Liability. – If the offender is a corporation, partnership or any juridical person, the
penalty shall be imposed upon the responsible officers, as the case may be, who participated in, or by
their gross negligence, allowed the commission of the crime. If the offender is a juridical person, the
court may suspend or revoke any of its rights under this Act. If the offender is an alien, he or she
shall, in addition to the penalties herein prescribed, be deported without further proceedings after
serving the penalties prescribed. If the offender is a public official or employee and lie or she is found
guilty of acts penalized under Sections 27 and 28 of this Act, he or she shall, in addition to the
penalties prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the
case may be.
SEC. 35. Large-Scale. – The maximum penalty in the scale of penalties respectively provided for the
preceding offenses shall be imposed when the personal information of at least one hundred (100)
persons is harmed, affected or involved as the result of the above mentioned actions.

SEC. 36. Offense Committed by Public Officer. – When the offender or the person responsible for the
offense is a public officer as defined in the Administrative Code of the Philippines in the exercise of
his or her duties, 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. 37. Restitution. – Restitution for any aggrieved party shall be governed by the provisions of the
New Civil Code.

Part II
1. Reflection on the impact of Social Media on the Tourism Industry.

The rise of social media has significantly contributed to any industry be it on education,
finance, communication, fashion, and even on tourism. It played an integral role in promoting these
industries and as well as helping it to grow. In Tourism specifically, social media became the channel
and instrument for both the business owner and the government in showcasing or promoting and
advertising local destinations. It also paved way for possible clients to view and plan their future trips
in an easy way. It would also give them an idea on what they would be up to on their vacation or trip.
Through social media also, people would have access to platforms that would give them various
choices and would guide them to have an informed decision regarding their trip to have the best
experience they could get.

2. Based on the Tips of Effective Business E-mails, create your own business e-mail following all
steps.

3. Reflection on e-business

E-business is the online activities related to internal and external business operations
such as servicing customer accounts, collaborating with partners, and exchanging real-time
information. It is a helpful hand to business owners, specifically for those who want to move
their business online and have access to new marketplace platform. It is a brilliant idea to try
a new modern way of doing business rather than to stick to the traditional business model. It
helps businesses to expand their global reach, try and open new markets, reduce costs,
improve operations, and improve effectiveness; which are key factors towards a successful
business and having a tight relationship to its clients.

4. Reflection on the Impact of Technology on the Travel Agency Business.

Prior to the worldwide pandemic, Travel Agency industy has been booming. It would
gain up to millions of pesos annually. Yet, when the world was hit by the unforeseen Covid19
Virus it forces these businesses to lessen operations as travelling has been banned for almost
every country across the globe. Currently, as other countries opened their doors for tourists it
also paved new opportunity to travel agency businesses to gear up their strategies to gain
more revenue. Technology, for sure made their operations a lot easier. It helped them
promote and advertise their entities at any time and extending their reach to other places.
Technology has also assisted them to disseminate information regarding their business
quickly. With the use of technology as well, owners are able to communicate with their
clients/customers realtime, hence, improving their customer’s service and also gaining more
of the customers’ loyalty.