REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
RULE ON CYBERCRIME WARRANTS
A.M. No. 17-11-03-SC
Judge Myra B. Quiambao
RTC Branch 203
Muntinlupa City
Basic Framework on the Rule on Cybercrime Warrants
 Special rule of procedure on judicial warrants
 Respond to the specific procedural innovations
introduced by RA 10175 (Cybercrime Prevention
Act of 2012) INTERNATIONAL COOPERATION
 New modes of evidence- gathering
 Passed in view of Philippine's accession to Budapest
Convention
 Budapest convention requires member- states to
adopt certain procedural measures at the national
level
 Philippines intended to accede, thus, it passed RA
10165
THE BUDAPEST CONVENTION
 Pioneering international Legal Instrument on PROCEDURAL LAW
Cybercrime
 November 8, 2001: Convention on Cybercrime
adopted in Budapest, Hungary by the member states
of the Council of Europe, Canada, Japan, South Africa
and the United States
 Response to technological developments, ease of
information accessibility, borderless exchange and
dissemination Cyberspace as common space subject
to misuse
 Criminal law needed to keep abreast of
technological developments
 Only a binding international instrument can ensure
the necessary efficiency in the fight against these
new phenomena
COMPREHENSIVE APPROACH TO CYBERCRIME
1. Criminalize and classify cybercrimes (Substantive
Criminal Law) - Cybercrime prevention Act of 2012)
2. Formulate procedural tools for investigation and
securing evidence (Procedural Law) - Rule on
Cybercrime warrants SCOPE AND APPLICABILITY
3. International Cooperation (Philippines' accession to
Budapest Convention)
SUBSTANTIVE CRIMINAL LAW (Cybercrime Prevention
Act of 2012)
 Identifies which acts should be criminalized at the
national level as Cybercrimes
 Some Categories
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1. Offenses against Confidentiality, Integrity, and
Availability of Computer Data and Systems (i.e.,
illegal access, illegal interception, data
interference, system interference, misuse of
evidence, and cyber- squatting
2. Computer- related Offenses (i.e., computer-
related forgery, fraud and identity theft)
3. Content- related Offenses (i.e., child pornography
committed through a computer- system, cybersex
and libel)
 Principle: Cooperation must be provided to the
widest extent possible
 Some measures:
1. Extradition
2. Mutual Assistance (Mutual Legal Assistance
Treaties or MLAT)
3. Central Authority (DOJ- Office of Cybercrime)
24/7 Point of Contact
 Prescribes Procedural Powers and Measures that
should be adopted at the National Level for criminal
investigation and prosecution of cybercrimes
 Article 14 of the Budapest Convention:
Article 14- Scope of Procedural provisions
1. Each party shall adopt such legislative and other
measures as may be necessary to establish the powers
and procedures [provided for in this section for the
purpose of specific criminal investigations or
proceedings
 Hence, the SC Issuance of the Rule on Cybercrime
Warrants
 The Rule on Cybercrimes Warrants (RCW) became
effective on August 15, 2018
 The RWC provides for the specific procedure for the
application and grant of warrants and related
orders involving
– Preservation
– Disclosure
– Interception
– Search, seizure, and/or examination
– Custody
– Destruction
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA BOOL | CRUZ | DABU | GOMEZ

Of computer data, as provided under RA 10175, the 2. All other crimes defined and penalized by the
Cybercrime Prevention Act Revised Penal Code, as amended, and other special
laws committed by, through, and with the use of
ICT as provided under Section 6, Chapter II of RA
 The RWC only supplements the existing Rules of 10175
Criminal Procedure
 Shall be filed before the regular courts or other
 Thus, the Rules of Criminal Procedure shall continue specialized regional trial courts (Family Court or
to govern the preliminary investigation and all Environmental Court), as the case may be.
stages of prosecution of criminal actions involving
violations of RA 10175, including all crimes defined WHERE TO FILE AN APPLICATION FOR A WARRANT
and penalized by the Revised Penal Code, as
amended, and special laws, committed by, through,  An application for a warrant under this Rule
and with the use of information and concerning a violation of Section 4 (Cybercrime
communications technologies (ICT) Offenses) and/or Section 5 (Other Offenses),
Chapter II of RA 10175 shall be filed by the law
 Remedies provided under existing procedural rules enforcement authorities before any of the
shall, whenever applicable, be made available to any designated cybercrime courts of the province or
party who seeks relief against any of the orders the city where the offense or any of its elements
provided under the RCW (Section 1.32 RCW) has been committed, is being committed, or is
about to be committed, or where any part of the
VENUE OF CRIMINAL ACTIONS (Sec. 2.1) computer system used is situated, or where any
of the damage caused to a natural or juridical
1. Violation of Section 4 (Cybercrime offenses) person took place.
and/or Section 5 (Other Offenses), Chapter II of
R.A. 10175  However, the cybercrime courts in Quezon City,
-Designated cybercrime court of the province or the City of Manila, Makati City, Pasig City, Cebu
city: City, Iloilo City, Davao City and Cagayan De Oro
City shall have the special authority to act on
1. Where the offense or any of its elements is applications and issue warrants which shall be
committed, or enforceable nationwide and outside the
2. Where any part of the computer system Philippines.
used is situated, or
3. Where any of the damage caused to a  For violation of Section 6, Chapter II of RA 10175
natural or juridical person took place. (all crimes defined and penalized by the Revised
Penal Code, as amended, and other special laws, if
Provided, that the court where the criminal action committed by, through, and with the use of ICT)
is first filed shall acquire jurisdiction to the shall be filed by the law enforcement authorities
exclusion of the other courts with the regular or other specialized regional trial
courts, as the case may be, within its territorial
What are cybercrime offenses under Section 4 of the jurisdiction in the places above-described.
Cybercrime Prevention Act of 2012?
 Once a criminal action is instituted, a motion to
1. Illegal access quash and other incidents that relate to the
2. Illegal interception warrant shall be heard and resolved by the court
3. Data interference that subsequently acquired jurisdiction over the
4. System interference criminal action.
5. Misuse of devises
6. Computer- related forgery  The prosecution has the duty to move for the
7. Computer-related fraud transmittal of the records, as well as the transfer
8. Computer- related identity theft of the items' custody to the latter court, which
procedure is set forth in Section 7.2 of this Rule.
Other cybercrimes
 Before issuing a warrant, the judge must
1. Cyber- squatting personally examine in the form of searching
2. Cybersex questions and answers, in writing and under oath,
3. Cyberlibel the applicant and the witnesses he may produce,
on facts personally known to them and attach to
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the record their sworn statements, together with
the judicial affidavits submitted.
EFFECTIVITY OF CYBERCRIME WARRANTS
 Any warrant issued under this Rule shall only be
effective for the length of time as determined by
the court, which shall not exceed a period of ten
(10) days from its issuance.
 The court issuing the warrant may, upon motion,
extend its effectivity based only on justifiable
reasons for a period not exceeding ten (10) days
from the expiration of the original period.
 Failure to timely file the returns for any of the
issued warrants under this Rule or to duly turn-
over to the court's custody any of the items
disclosed, intercepted, searched, seized, and/or
examined as prescribed hereunder, shall subject
the responsible law enforcement authorities to an
action for contempt, which procedures shall be
governed by Rule 71 of the Rules of Civil
Procedure, insofar as they are applicable.
EXTRATERRITORIAL SERVICE OF WARRANTS AND
OTHER COURT PROCESSES
 For persons or service providers situated outside
of the Philippines, service of warrants and/or
other court processes shall be coursed through the
Department of Justice - Office of Cybercrime, in
line with all relevant international instruments
and/or agreements on the matter (Through
Mutual Legal Assistance Treaty MLAT)
TYPES OF CYBERCRIME WARRANTS
1. Warrant to Disclose Computer Data (WDCD) :
Section 4
2. Warrant to Intercept Computer Data (WICD) :
Section 5
3. Warrant to Search, Seize Computer Data
(WSSCD) : Section 6
4. Warrant to Examine Computer Data (WECD) :
Section 6
RELEVANT TYPES OF DATA
 Content data
 Subscriber’s Information (non-content) – FB
Account, IP address, domain name, billing address
 Traffic Data (non-content) – Transactional data
(log-ins, check-ins, time zones)
WHAT IS CONTENT DATA?
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 It refers to the content of the communication, the
meaning or purported meaning of the
communication, or the message or information
being conveyed by the communication, other than
traffic data
WHAT IS SUBSCRIBER’S INFORMATION?
 Refers to any information contained in the form of
computer data or any other form that is held by a
service provider, relating to subscribers of its
services, other than traffic or content data, and by
which any of the following can be established:
1. The type of communication service used, the
technical provisions taken therewith, and the
period of service
2. The subscriber's identity, postal or geographic
address, telephone and other access number, any
assigned network address, billing and payment
information that are available on the basis of the
service agreement or arrangement or
3. Any other available information on the site of the
installation of communication equipment that is
available on the basis of the service agreement or
arrangement
WHAT IS TRAFFIC DATA?
 It refers to any computer data other than the
content of the communication, including, but not
limited to, the communication's origin,
destination, route, time, date, size, duration, or
type of underlying service.
PRESERVATION OF COMPUTER DATA
 What is Preservation?
– It refers to the keeping of data that
already exists in a stored form, protected
from anything that would cause its
current quality or condition to change or
deteriorate.
– It requires data to be kept safe from
modification, alteration and deletion.
 Pursuant to Sec 13, Chapter IV of RA 10175, what
should be kept, retained and preserved by a
service provider?
– Integrity of traffic data and subscriber’s
information for a maximum period of 6
months from the date of transaction
– Content data for 6 months from the date
of receipt of the order from law
enforcement authorities requiring its
preservation.
 May there be an extension for the preservation of
computer data?
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
– YES. Law- enforcement authorities may
order a one-time extension for another 6
months
– Provided, that once computer data that is
preserved, transmitted or stored by a
service provider is used as evidence in a
case, the receipt by the service provider of
a copy of the transmittal document to the
Office of the Prosecutor shall be deemed a
notification to preserve the computer data
until the final termination of the case
and/or as ordered by the court
OBSTRUCTION OF JUSTICE FOR NON- COMPLIANCE
 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.
WARRANT TO DISCLOSE COMPUTER DATA
– Is an order in writing issued in the name of the
People of the Philippines, signed by a judge, upon
application of law enforcement authorities,
authorizing the latter to issue an order to disclose
and accordingly, require any person or service
provider to disclose or submit subscriber's
information, traffic data, or relevant data in
his/her or its possession or control.
CONTENTS OF APPLICATION FOR WDCD
The verified application for a WDCD, as well as the
supporting affidavits, shall state the following
essential facts:
1. The probable offense involved;
2. Relevance and necessity of the computer data
or subscriber's information sought to be
disclosed for the purpose of the investigation;
3. Names of the individuals or entities whose
computer data or subscriber's information
are sought to be disclosed, including the
names of the individuals or entities who have
control, possession or access thereto, if
available;
4. Particular description of the computer data
or subscriber's information sought to be
disclosed;
5. Place where the disclosure of computer data
or subscriber's information is to be enforced,
if available;
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6. Manner or method by which the disclosure of
the computer data or subscriber's
information is to be carried out, if available;
and
7. Other relevant information that will persuade
the court that there is a probable cause to
issue a WDCD.
WHEN SHALL A JUDGE ISSUE THE WCDC?
– If he/she is satisfied that there is probable cause
to believe that the facts upon which the
application for WDCD exists
WHAT IS THE DUTY OF LAW ENFORCEMENT
AUTHORITIES UPON SECURING A WDCD, PURSUANT
TO SECTION 14, CHAPTER IV OF RA 10175?
– Law enforcement authorities shall issue an order
requiring any person or service provider to
disclose or submit subscriber's information, traffic
data or relevant data in his/her or its possession
or control within seventy-two (72) hours from
receipt of the order .
– NOTE: Once the law- enforcement authorities had
secured the WDCD, it is the law- enforcement
authorities that issues the order to disclose
computer data directly to the person or service
providers, not the Court.
WHAT IS THE DUTY OF THE AUTHORIZED LAW-
ENFORCEMENT OFFICER AFTER IMPLEMENTATION OR
AFTER EXPIRATION OF THE WDCD?
– Within 48 hours from implementation or after the
expiration of the effectivity of the WDCD,
whichever comes first, the authorized law
enforcement officer shall
1. Submit a return on the WDCD to the court
that issued it
2. Simultaneously turn over the custody of
the disclosed computer data or
subscriber's information.
– Law enforcement authorities are allowed to
retain a copy of the disclosed computer data or
subscriber's information subject of the WDCD
which may be utilized for case build-up or
preliminary investigation purposes, without the
need of any court intervention; that the details
thereof are kept strictly confidential and that the
retained copy shall be labelled as such.
- The retained copy shall be turned over upon the
filing of a criminal action involving the disclosed
computer data or subscriber's information to the
court where such action has been instituted, or
if no criminal action has been filed, upon order of
the issuing court under the procedure set forth in
paragraph 3 of Section 8.2 (Destruction and
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
Return of Computer data in the custody of the
Court)
- Upon its turn-over, the retained copy shall always
be kept, destroyed, and/or returned together with
the computer data or subscriber's information
that was originally turned over to the issuing
court.
WHAT IS THE DUTY OF THE ISSUING JUDGE?
1. to ascertain if the return has been made;
2. if none, to summon the law enforcement officer to
whom the WDCD was issued and require him to
explain why no return was made
*without prejudice to any action for contempt as
provided under Section 2.6 of RCW for non-
compliance.
WHAT ARE THE SANCTIONS FOR NON-COMPLIANCE
WITH THE ORDER TO DISCLOSE ISSUED BY LAW
ENFORCEMENT AUTHORITIES?
1. Contempt;
2. Said non-compliance shall be deemed non-
compliance with the WDCD on which the said
order is based
WARRANT TO INTERCEPT COMPUTER DATA (WICD)
It is an order in writing issued in the name of the People of
the Philippines, signed by a judge, upon application of law
enforcement authorities, authorizing the latter to carry out
any or all of the following activities:
(a) listening to,
(b) recording,
(c) monitoring, or
(d) surveillance of the content of communications,
including procuring of the content of computer data, either
directly, through access and use of a computer system or
indirectly, through the use of electronic eavesdropping or
tapping devices, at the same time that the communication
is occurring(Sec 5.2)
WHAT IS INTERCEPTION?
It refers to listening to, recording, monitoring or
surveillance of the content of communications, including
procuring of the content data, either
 directly, through access and use of a computer
system, or
 indirectly through the use of electronic
eavesdropping or tapping devices, at the same
time that the communication is occurring;  THE WICD?
WHEN MAY INTERCEPTION BE CARRIED OUT?
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 Interception may be carried out only by virtue of a
court issued warrant, duly applied for by law
enforcement authorities.
 The verified application for a WICD, as well as the
supporting affidavits, shall state the essential facts
similar to those in Warrant to Disclose Computer
Data.
 except that the subject matter is the
COMMUNICATION OR COMPUTER DATA SOUGHT
TO BE INTERCEPTED.
CONTENTS OF THE VERIFIED APPLICATION FOR WICD
1. The probable offense;
2. Relevance and necessity of the computer data or
communication;
3. Names of the individuals or entities whose
computer data or communication sought to be
intercepted;
4. Particular description of the computer data or
communication;
5. Place where the disclosure of computer data or
communication is to be enforced, if available;
6. Manner or method by which the disclosure of the
computer data or communication is to be carried
out, if available;  and
7. Other relevant information (Sec. 5.3)
WHEN SHALL A JUDGE ISSUE THE WICD?
If the judge is satisfied that there is probable cause to
believe that the facts upon which the application for WDCD
exists.
RETURN ON THE WICD
- Within forty-eight (48) hours from
implementation or after the expiration of the
effectivity of the WICD, whichever comes first, the
authorized law enforcement officers shall submit a
return on the WICD to the court that issued it and
simultaneously turn-over the custody of the
intercepted communication or computer data.
- It is the duty of the issuing judge to ascertain if the
return has been made, and if none, to summon the
law enforcement officer to whom the WICD was
issued and require him to explain why no return
was made, without prejudice to any action for
contempt as provided under Section 2.6 of the
RCW. (Sec. 5.5)
WHAT ARE THE DUTIES OF THE LAW ENFORCEMENT
AUTHORITIES AFTER THE FILING OF THE RETURN ON
The authorized law enforcement officer has the duty to
notify the person whose communications or computer
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
data have been intercepted of the activities conducted
pursuant to the WICD:
 Within thirty (30) days from the filing of the
return; OR
 The lapse of the forty-eight (48)-hour period to
file the return, if no return is filed
WHAT IF NO RETURN HAS BEEN FILED?
The notice shall state the details of the interception
activities, including the contents of the intercepted
communication or computer data.
MAY THE PERSON WHOSE COMMUNICATIONS OR
COMPUTER DATA HAVE BEEN INTERCEPTED,
CHALLENGE THE LEGALITY OF THE INTERCEPTION?
Yes. Within ten (10) days from notice, the person whose
communications or computer data have been intercepted
may challenge, by motion, the legality of the interception
before the issuing court. (Sec. 5.6)
WARRANT TO SEARCH, SEIZE AND EXAMINE
COMPUTER DATA (WSSECD)
It is an order in writing issued in the name of the People of
the Philippines, signed by a judge, upon application of law
enforcement authorities, authorizing the latter to search
the particular place for items to be seized and/or
examined.(Sec 6.1)
CONTENTS OF APPLICATION FOR A WSSECD
- The verified application for a WSSECD, as well as
the supporting affidavits, shall state the essential
facts similar to those in Section 4.3 of this Rule,
except that the subject matter is the computer
data sought to be searched, seized, and examined,
and all other items related thereto.
- In addition, the application shall contain an
explanation of the search and seizure strategy to
be implemented, including a projection of whether
or not an off-site or on-site search will be
conducted, taking into account the nature of the
computer data involved, the computer or
computer system's security features, and/or other
relevant circumstances, if such information is
available. (Sec 6.2)
- If the judge is satisfied that there is probable cause
to believe that the facts upon which the
application for WSSECD exists, he shall issue the
WSSECD. (Sec 6.3)
OFF-SITE AND ON-SITE PRINCIPLE
On-Site search - if the circumstances so allow, endeavor to
first make a forensic image of the computer data on-site as
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well as limit their search to the place specified in the
warrant.
Off-site search - may be conducted, provided that a
forensic image is, nevertheless, made, and that the reasons
for the said search are stated in the initial return. (Sec 6.4)
 A Forensic image (forensic copy), is a bit-by-bit,
sector-by-sector direct copy of a physical storage
devise, including all files, folders and unallocated,
free and slack space.
 Forensic images include not only all the files
visible to the operating system (OS) but also
deleted files and pieces of files left in the slack and
free space. Forensic imaging is one element of
computer forensics, which is the application of
computer investigation and analysis techniques to
gather evidence for presentation in court.
 Forensic images can be created through
specialized forensic software (FTK Imager, write
blocker).
 In the case of cybercrime, additional evidence may
be discovered other than what is available
through an operating system in the form of
incriminating data that has been deleted to
prevent discovery. Unless the data is deleted
secretly and overwritten, it can be recovered with
forensic or life recovery software.
RETURN OF ITEMS SIEZED OFF-SITE
A person whose computer devices or computer system
have been searched and seized off-site may, upon motion,
seek the return of the said items from the court issuing the
WSSECD: Provided, that a forensic image of the computer
data subject of the WSSECD has already been made.
The court may grant the motion upon its determination
that no lawful ground exists to otherwise withhold the
return of such items to him. (Sec 6.4)
ALLOWABLE ACTIVITIES DURING THE
IMPLEMENTATION OF THE WSSECD (SEC 6.5)
1. The interception of communications and
computer data: Provided, that the interception
activities shall only be limited to communications
and computer data that are reasonably related to
the subject matter of the WSSECD; and that the
said activities are fully disclosed, and the
foregoing relation duly explained in the initial
return. (Section 15 Chapter IV of RA 10175)
2. Law enforcement authorities may order any
person, who has knowledge about the functioning
of the computer system and the measures to
protect and preserve the computer data therein, to
provide, as is reasonable, the necessary
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
information to enable the undertaking of the
search, seizure and examination.  to determine the integrity of any Dta
RETURNS FOR THE IMPLEMENTATION OF WSSECD
1. Initial Return
2. Final Return
CONTENTS OF INITIAL RETURN
Within ten (10) days from the issuance of the WSSECD, the
authorized law enforcement officers shall submit an initial
return that contains the following information:
1. A list of all the items that were seized, with a
detailed identification of: (a) the devices of the
computer system seized, including the name,
make, brand, serial numbers, or any other mode of
identification, if available; and (b) the hash value
of the computer data and/or the seized computer
device or computer system containing such data;
2. A statement on whether a forensic image of the
computer data was made on-site, and if not, the
reasons for making the forensic image off-site;
3. A statement on whether the search was conducted
on-site, and if not, the reasons for conducting the
search and seizure off-site
4. A statement on whether interception was
conducted during the implementation of the
WSSECD, together with (a) a detailed
identification of all the interception activities that
were conducted; (b) the hash value/s of the
communications or computer data intercepted;
and (c) an explanation of the said items'
reasonable relation to the computer data subject
of the WSSECD
5. 5. List of all the actions taken to enforce the
WSSECD, from the time the law enforcement
officers reached the place to be seized until they
left the premises with the seized items and
reached the place where the items seized were
stored and secured for examination; and
6. A reasonable estimation of how long the
examination of the items seized will be concluded
and the justification therefor. (Sec 6.6)
 A Hash value is a numeric value of a
fixed length that uniquely identifies
data.
 Hashing refers to the use of hash
functions to verify that an image is
identical to the source media. Hashing
is like a digital fingerprint for a file or a
digital DNA.
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 One of the main uses of Hash Values is
(which can be a file, folder, email,
attachments, downloads etc.)
 The most wonderful character of Hash
Value is that they are highly unique. No
two data can be theoretically have same
Hash Value.
 Example: a video has the original hash
value of
c262935cfc3af3f0a5cc5c5cdf3c0b26
 But another video which is being
circulated on FB or you tube with the
same content has a different hash value
after being computed by fciv.exe tool –
0811cc1438b9c0691a26de96843c8654
 This shows that the original Data is
altered and Data Integrity is
compromised
It is the duty of the issuing judge to ascertain if the
initial return has been made, and if none, to
summon the law enforcement authority to whom
the WSSECD was issued and require him to
explain why no initial return was made, without
prejudice to any action for contempt.
After the initial return is submitted to the court
pursuant to the WSSECD, the court shall issue an
order fixing the period to conclude the
examination of all the items seized, which period
may be extended not exceeding thirty (30) days,
upon motion, for justifiable reasons. (Sec 6.7)
FINAL RETURN
 Within forty-eight (48) hours after the expiration
of the period to examine as provided under
Section 6.7 of this Rule, the authorized law
enforcement officers shall submit a final return on
the WSSECD to the court that issued it
 and simultaneously turn-over the custody of the
seized computer data, as well as all other items
seized and/or the communications or computer
data intercepted in relation thereto, following the
procedure under Section 7.1 of this Rule.
WARRANT TO EXAMINE COMPUTER DATA (WECD)
- Upon acquiring possession of a computer device
or computer system via a lawful warrantless
arrest, or by any other lawful method,  law
enforcement authorities shall first apply for a
warrant before searching the said computer
device or computer system for the purpose of
obtaining for forensic examination the computer
data contained therein. (Sec. 6.9)
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
- The verified application for a WECD, as well as the
supporting affidavits, shall state the essential facts
similar to those in Section 4.3 of this Rule, except
that the subject matter is the computer data
sought to be examined.
- In addition, the application shall disclose the
circumstances surrounding the lawful acquisition
of the computer device or computer system
containing the said computer data.
- If the judge is satisfied that there is probable cause
to believe that the facts upon which the
application for WECD exists, he shall issue the
WECD.
- The initial and final returns, as well as the period
to examine under a WECD, shall be similarly
governed by the procedures set forth in WSSECD.
- Interception of communications and computer
data may be likewise conducted during the
implementation of the WECD under the same
conditions stated in WSSECD.
DEPOSIT AND CUSTODY OF SEIZED COMPUTER DATA
- Upon the filing of the return for a WDCD or WICD,
or the final return for a WSSECD or WECD, all
computer data subject thereof shall be
simultaneously deposited in a sealed package with
the same court that issued the warrant.
- It shall be accompanied by a complete and verified
inventory of all the other items seized in relation
thereto, and by the affidavit of the duly authorized
law enforcement officer. (Sec 7.1)
CONTENTS OF THE AFFIDAVIT
1. The date and time of the disclosure, interception,
search, seizure, and/or examination of the
computer data, as the case may be. If the examiner
or analyst has recorded his/her examination, the
recording shall also be deposited with the court in
a sealed package and stated in the affidavit;
2. The particulars of the subject computer data,
including its hash value;
3. The manner by which the computer data was
obtained;
4. Detailed identification of all items seized in
relation to the subject computer data, including
the computer device containing such data and/or
other parts of the computer system seized,
indicating the name, make, brand, serial numbers,
or any other mode of identification, if available;
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BOOL | CRUZ | DABU | GOMEZ
5. The names and positions of the law enforcement
authorities who had access to the computer data
from the time of its seizure until the termination
of the examination but prior to depositing it with
the court,  and the names of officers who will be
delivering the seized items to the court; 
6. The name of the law enforcement officer who may
be allowed access to the deposited data. When the
said officer dies, resigns of severs tie with the
office, his/her successor may, upon motion, be
granted access to the deposit; and
7. A certification that no duplicates or copies of the
whole or any part thereof have been made, or if
made, all such duplicates or copies are included in
the sealed package deposited, except for the copy
retained by law enforcement authorities pursuant
to paragraph 3 of Section 4.5 of this Rule.
ACCESS TO AND USE OF COMPUTER DATA
- The package containing the computer data so
deposited under Section 7.1 of this Rule shall not
be opened, or the recordings replayed, or its
contents revealed, or, in any manner, used as
evidence,  except upon motion duly granted by the
court.
- The motion for the purpose shall state:
1. The relevance of the computer data sought
to be opened, replayed, revealed, or used as
evidence; and
2. The names of the persons who will be
allowed to have access thereto, if the
motion is granted.
DESTRUCTION OF PRESERVED COMPUTER DATA 
 Section 17, RA 10175 uses the word “destroy” in
reference to preserved “traffic data, subscriber’s
information & content data” under Sec. 13, and to
searched, seized & examined computer data under
Section 15.
 Being essentially “electronically stored
information” (ESI), it cannot easily lend to
“destruction”
 Thus, the use of the words “remove and delete” in
tandem with “destroy”
DUTY TO DESTROY
- SERVICE PROVIDERS and LAW ENFORCEMENT
AUTHORITIES, as the case may be, shall
immediately and completely destroy the computer
data subject of preservation and examination,
upon expiration of:
6 months
 From the date of transaction – (traffic
data or subscriber’s information)
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA BOOL | CRUZ | DABU | GOMEZ

 From the date of receipt of order o Brach clerk of court, or other person duly
requiring its preservation (content designated by the court;
data) (Sec 3.1, RCW) o The accused or the person/s from whom
such items were seized, or his/her
- Upon MOTION and DUE HEARING, the court may, representative or counsel,
for justifiable reasons, order: o Law enforcement officer allowed access
to such items as indicated in the
 the complete or partial destruction, or inventory, or his/her duly authorized
 return to its lawful owner or possessor, representative

of the computer data or any of the related
items turned over to its custody.
- The court may, MOTU PROPRIO, and upon written
notice to all the parties concerned, order:
 the complete or partial destruction, or
 return to its lawful owner or possessor,
of the computer data or any of the related
items
- IF NO PRELIMINARY INVESTIGATION or
CASE  involving these items has been instituted
after thirty-one (31) days from their deposit, or
- IF PRELIMINARY INVESTIGATION HAS BEEN SO
INSTITUTED within this period, upon finality of
the prosecutor's resolution finding lack of
probable cause.
- WITHIN TWENTY-FOUR (24) HOURs from the
destruction of the computer data,
 the Branch Clerk-of-Court or the witness duly
designated by the court shall issue a sworn
certification as to
o the fact of destruction; and
o file the said certificate with the same
court.
 The storage device, or other items turned over to
the court's custody, shall be destroyed by
o shredding,
o drilling of four holes through the device,
o prying the platters apart, or
o other means in accordance with
international standards that will
sufficiently make it inoperable.

- The Court may conduct a clarificatory hearing to

further determine if there is no reasonable
opposition to the items' destruction or return.

DESTRUCTION of DISCLODES computer data subject of

WDCD
If the destruction or return of disclosed computer data is
justified, the court shall:
o Issue an order directing the law enforcement
authorities to turn-over the retained copy (Sec 4.5.
par 3. RCW)
o Upon its turn-over, the retained copy shall be
simultaneously destroyed or retuned with the
computer data or subscriber information
originally turned over to issuing court.

DESTRUCTION OF COMPUTER DATA and RELATED

ITEMS
- If allowed after hearing or motu proprio, Branch Clerk
must issue:
 Written notice to the accused, or the person/s
from whom items were seized, his/her
representative or counsel, as well as the law
enforcement officer allowed access as per
inventory
 At least three days prior to the scheduled date of
destruction
 The following should be present;

9
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
DAWN RAIDS: INVESTIGATING VIOLATIONS OF THE
PHILIPPINE COMPETITION ACT
 COMPETITION
- Section 19, Article 12 of the 1987 Constitution
states:
SECTION 19. The State shall regulate or
prohibit monopolies when the public interest
so requires. No combinations in restraint of
trade or unfair competition shall be allowed.
- In Tatad v. Secretary of Energy [346 Phil 321
(1997)], the SC struck down the Downstream Oil
Deregulation Act of 1996 for being in violation of
Sec. 19, Art. 12 of the 1987 Constitution
- The SC identified, emphasized and “underlined in
scarlet” the fundamental principle behind Sec. 19,
Art. 12: competition
- According to the SC, in the words of Chief Justice
Puno, “the desirability of competition is the reason
for the prohibition against restraint of trade, the
reason for the interdiction of unfair competition,
and the reason for regulation of unmitigated
monopolies.
- The advantage of competition is that the public is
better off with open markets, rather than with an
economy concentrated in the hands of a few.
Through competition, consumers’ needs and
wants will be met at the lowest price while
sacrificing the fewest possible resources.
- Competition encourages businesses to provide
consumers with a wider array of choices. Thus, a
highly competitive market benefits consumers as
it results in lower process, better products and
services, and more options.
- This policy which has been constitutionally
recognized has been realized in a landmark piece
of legislation: The Philippine Competition Act (RA
No 10667)
- Inasmuch as competition is primarily an economic
concept, the PCA is a unique piece of legislation in
that it is a merger of two disciplines: law and
economics
- As a legal instrument, the PCA provides for the
legal standards, i.e. what are the prohibitions, the
tests for determining violations, and the penalties.
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BOOL | CRUZ | DABU | GOMEZ
- While economics provides the tools for
determining or proving whether such legal
standards have been met
- In other words, it is economic analysis within a
legal framework
 3 TYPES OF PROHIBITED ACTS UNDER THE PCA (3
PILLARS)
1. Anti- competitive agreements (Section 14)
2. Abuse of dominant position (Section 15)
3. Anti- competitive mergers and acquisitions (M &
A’s) (Section 16)
- Engaging in any of these acts may result in
criminal, administrative and civil liabilities.
 TEST: SUBSTANTIAL LESSENING OF COMPETITION
(SLC)
- In determining whether there is a violation of the
PCA, the overall test is whether the agreement or
act has the object or effect of substantially
preventing, restricting, or lessening competition
(“SLC”)
- 3 components of SLC:
1. Object or effect
2. Prevention, restriction or lessening of
competition
3. Substantial
 ANTI- COMPETITIVE AGREEMENTS (SEC. 14)
- Anti- competitive agreements are prohibited
- Sec. 14(a) & (b) are agreements more commonly
known as cartels.
- These are agreements between competitors or
entities on the same level of the supply chain
(manufacturer to manufacturer; distributor to
distributor)
- Agreements are either per se anti- competitive or
based on their object or effect
- Per se anti- competitive agreements:
1. Price restriction or price- fixing
agreements
2. Bid rigging agreements
- Object or effect rule:
1. Output restriction agreements
2. Allocation or market sharing agreements
 ABUSE OF DOMINANT POSITION (SEC. 15)
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
- Dominance is the position of economic strength in
a market enjoyed by an entity or two or more
entities.
- Sec 15 prohibits dominant entities from engaging
in predatory pricing, imposing barriers to entry,
tying and bundling, refusal to deal, price
discrimination, imposing restrictions on lease, or
contract of sale, or trade of goods, unfair purchase
or selling price, or limiting production, markets, or
technical development to the detriment of
consumers.
- It constitutes an abusive conduct
 DAWN RAIDS UNDER THE PCA
 ANTI- COMPETITIVE MERGERS AND ACQUISITIONS
(SEC. 16)
- M&As are not prohibited by the PCA.
- What is prohibited by the PCA are M&As that are
likely to result in SLC.
- This may happen for instance in a highly
concentrated market with only a handful of
players and one of them acquires its competitor,
reducing the number of competitors and the
choices of consumers.
 DAWN RAIDS: AN INVESTIGATIVE TOOL IN
COMPETITION CASES
- Investigating competition cases is challenging and
different from criminal investigations.
- For one, a common crime leaves physical evidence
of the corpus delicti. The corpus delicti also tends
to bear traces of direct evidence that link the
culprit to the crime, e.g. fingerprints, DNA.
- But, corpus delicti in a competition case is more
abstract – the competition that previously existed
was lost. Physical and direct evidence is elusive.
- Several layers of proof are necessary: proof of
conduct, the entity responsible for the conduct,
and that the conduct adversely affected
competition, which in turn requires proof of the
competition that was lost, lessened, restricted or
prevented by such conduct.
- To address this challenge, competition authorities
all over the world have utilized an investigation
tool known as “dawn raids”.
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BOOL | CRUZ | DABU | GOMEZ
- Contrary to its name, dawn raids are not
necessarily conducted at dawn.
- A “dawn raid” is an unannounced search of
business premises of entities subject of an
investigation.
- It provides direct access to documentary evidence
that can establish conspiracy or to other pieces of
evidence that may support acts of anti-
competitive agreement or conduct. These pieces of
evidence would otherwise be conceded or
destroyed by the involved entities.
- Most competition authorities all over the world
have the power to conduct dawn raids or
inspections. In some jurisdictions, the competition
agency can conduct an inspection under its own
authority. In most others, a court order is required
as the best international practice.
- In the Philippines, as provided for in the PCA, the
Philippine Competition Commission is granted
that power to “upon order of the court, undertake
inspections of business premises and other offices,
land and vehicles, as used by the entity, where it
reasonably suspects that relevant books, tax
records, or other documents which relate to any
matter relevant to the investigation are kept, in
order to prevent the removal, concealment,
tampering with, or destruction of the books,
records, or other documents” [Sec 12 (g)].
- Pursuant to the requirement of a court order
under Sec 12 (g) of the PCA, the SC promulgated
the Rule on Administrative Search and Inspection
Order under the PCA. (AM No. 19-08-06-SC)
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
A.M. No. 19-08-06-SC
RULE ON ADMINISTRATIVE SEARCH AND INSPECTION
UNDER THE PHILIPPINE COMPETITION ACT (RA
10667)
LEGAL BASIS:
- Article VIII, Section 5, par.5, 1987 Constitution,
Re: Judicial Power of the Supreme Court
“Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the
admission to the practice of law, the Integrated
Bar, and legal assistance to the underprivileged.
Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition
of cases, shall be uniform for all courts of the same
grade, and shall not diminish, increase, or modify
substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme
Court.”
- Article III, Section 2, 1987 Constitution, Re: Right
against unreasonable searches and seizure
“The right of the people to be secure in their
persons, houses, papers, and effects against
unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and
no search warrant or warrant of arrest shall issue
except upon probable cause to be determined
personally by the judge after examination under
oath or affirmation of the complainant and the
witnesses he may produce, and particularly
describing the place to be searched and the
persons or things to be seized.”
SECTION 12(G), RA NO. 10667 OR THE PHILIPPINE
COMPETITION ACT (PCA)
“Upon order of the court, undertake inspections of
business premises and other offices, land and vehicles,
as used by the entity, where it reasonably suspects that
relevant books, tax records, or other documents which
relate to any matter relevant to the investigation are
kept, in order to prevent the removal, concealment,
tampering with, or destruction of the books, records, or
other documents.”
SECTION 2. THE INSPECTION ORDER.
 An inspection order is an order in writing issued
in the name of the Republic of the Philippines,
signed by a judge,
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BOOL | CRUZ | DABU | GOMEZ
 upon application of the Philippine Competition
Commission (PCC), through its duly authorized
officer,
 authorizing the PCC and any law enforcement
agency that may be deputized by the PCC to assist
in the execution of the order,
 to search and inspect business premises and other
offices, land and vehicles,
 for information to be examined, copied,
photographed, recorded, or printed, in order to
prevent the removal, concealment, tampering
with, or destruction of such information.
RULE ON ADMINISTRATIVE SEARCH AND INSPECTION
UNDER THE PCA
SECTION 2. THE INSPECTION ORDER.
Who may apply for an inspection order:
1. The Philippine Competition Commission (PCC),
through its duly authorized officer,
2. authorizing the PCC and any law enforcement
agency that may be deputized by the PCC to assist
in the execution of the order,
3. Designated officers from:
o Competition Enforcement Officer
o Mergers and Acquisitions Office
SECTION 3. WHERE APPLICATION IS FILED
 Enforceable nationwide.
o Special Commercial Courts in Quezon
City, Manila, Makati, Pasig, Cebu City,
Iloilo City, Davao City and Cagayan De Oro
City
 Within territorial jurisdiction
o Special Commercial Courts in the judicial
regions where the place to be inspected is
located shall have concurrent jurisdiction
 Multiple locations
o Quezon City, Manila, Makati, Pasig, Cebu
'1 City, Iloilo City, Davao City and Cagayan
De Oro City and Special Commercial
Courts in the judicial regions of the places
to be inspected.
SECTION 4. CONTENTS OF VERIFIED APPLICATION. –
(1) the subject of the administrative
investigation;
(2) the premises, other offices, land or vehicles,
as used by the entity, sought to be searched or
inspected; and
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
(3) the information sought to be examined,
copied, photographed, recorded, or printed,
and their relevance and necessity to the
investigation.
 Inspection may be conducted during the early
stages of the investigation
 In the application, the description of the
investigation cannot be too detailed as to provide
the entities involved or the exact modus or
scheme
 Sector + presumed violation under the PCA is
enough
 Example:
o Minutes of the Meeting from 2013 to
2015
o Emails between Mr. X and Mr. Y from
years 2015 to 2016
 What are the information sought to be examined?
o Information shall include, but shall not be
limited to, books, tax records, documents,
papers, accounts, letters, photographs,
objects or tangible things, databases and
means of accessing information contained
in such databases, and electronically
stored information as defined in the rules
of procedure of the PCC, which relate to
any matter relevant to the
administrative investigation covered
by this Rule.
SECTION 5. EXAMINATION OF APPLICANT
 The court must examine in the form of searching
questions and answers, in writing and under oath
or affirmation, the applicant and the witnesses he
may produce on
o facts personally known to them; or
o on facts based on (1) the applicant's or
witnesses' training and/or experience;
(2) authentic records; (3) verifiable data;
or ( 4) economic analysis.
 Training and/or Experience of the Applicant
o The purpose of an inspection is to gather
information relating to a suspected
violation of the PCA, its IRR and other
competition laws
o Thus, it is not necessary that the facts be
known to the applicant or the witness
based on personal knowledge
o It would be sufficient if the applicant or
witness can attest to the facts based on
the applicant’s or witnesses’ training
and/or experience
 How should the judge consider economic
analysis?
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BOOL | CRUZ | DABU | GOMEZ
o Competition law is a combination of law
and economics
o Competition law violations usually
detected through:
 Market surveillance
 Market studies analyzing the
competitive conditions and the
behaviour of the players in that
market
o Where the economic analysis reveals
indicators of anti-competitive conduct or
practice, an investigation may be pursued
to gather evidence.
 Hearing conducted by the judge:
o The application must be acted upon
within the 24 hours from filing of verified
application
o Ex-parte
o Held in the chambers of the Judge
o Confidential
o According to the Annotations, failure of
the judge to act within the 24-hour period
shall result to administrative sanctions
ELEMENT OF SURPRISE
 The hearing on the application is done ex parte
and the processing are kept confidential
 The most important feature of dawn raids is the
element of surprise
 Entity has no opportunity to conceal or destroy
information
SECTION 6. ISSUANCE OF INSPECTION ORDER.
The inspection order shall be issued if the court finds that
there is a reasonable ground to suspect that:
(1) the information is kept, found, stored, or
accessible at the premises indicated in the
application;
(2) the information relates to any matter relevant to
the investigation; and
(3) the issuance of the order is necessary to prevent
the removal, concealment, tampering with, or
destruction of the books, records, or other
documents to be inspected.
SECTION 7. EFFECTIVE PERIOD OF INSPECTION
ORDER.
 Effective for the length of time as determined by
the court, which shall not exceed fourteen (14)
days from its issuance.
 The court may, upon ex parte motion, extend
the effectivity of an inspection order for a
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
period not exceeding fourteen (14) days from the
expiration of the original period.
 Extensions may be sought when:
o The inspection cannot be carried out
within the 14-day period
o The entity refuses to allow PCC, deputies
or agents despite valid service of the
court order
 In such instances, the PCC may
seal or secure the area and
equipment, gadgets or devices
 Seek relief with the court by
instituting contempt proceedings
 Pending the decision on the
contempt case, the period of
effectivity of the inspection
order may be extended until
the court resolves the matter
o No limit on the number of extensions that
may be allowed by the court based on its
reasonable discretion
SECTION 8. WHEN ORDER SHALL BE SERVED.
 Served in the presence of a duly designated
officer of the court
 During business hours of the premises, or at any
time on any day, as may be determined by the
court for compelling reasons stated in the
application.
SECTION 9. PERSON WHOSE PRESENCE IS REQUIRED
DURING INSPECTION.
 Person designated by the entity:
1. Compliance officer
 Any officer of the entity
designated or appointed by the
entity to represent the latter on
government regulatory matters
or any compliance officer for any
regulatory body (e.g. General
Compliance Officer)
2. Legal counsel
Any unreasonable delay, failure, or refusal to designate a
representative by the entity shall not prevent the PCC
officers, deputies and agents from implementing the
inspection order.
SECTION 10. MANNER OF INSPECTION
 Persons designated by the entity have the
following duties:
1. Cooperate and render assistance to PCC in
order to facilitate the search and
inspection
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BOOL | CRUZ | DABU | GOMEZ
2. Provide PCC with all reasonable facilities
and assistance for the conduct of the
inspection.
3. Disclose the location of the information,
access codes, or passwords.
4. Certify faithful reproduction of the copies,
photographs, recordings or printouts
made by PCC officers, deputies or agents.
 The following persons are required to certify the
information inspected by the PCC:
1. By person designated by entity; or
2. Highest ranking official or employee
present if the entity fails to designate a
person
 Effect of Certification. The information shall be
admissible as evidence for the purpose of the
administrative proceedings
REFUSAL TO CERTIFY
 PCC may institute contempt proceedings
 The PCC may seal or secure the area and
equipment, gadgets or devices until the person
certifies such copies, photographs, recording or
printouts.
PLAIN VIEW – Other information found in plain view
may be examined, copied, photographed, recorded or
printed if:
1. The presence of PCC officers, deputies or
agents in the premises is pursuant to an
inspection order;
2. The discovery of the information in plain
view is inadvertently made in the course
of implementing the inspection order; and
3. It is immediately apparent to the officer
that the item he observes may be
evidence of a violation of the PCA, its
implementing rules, or other competition
laws.
 WHAT ARE THE POWERS OF THE PCC DURING
THE INSPECTION?
1. Enter, search and inspect the premises
indicated in the order;
2. Examine, copy, photograph, record, or
print information described in the order;
3. Examine and copy electronically stored
information, databases, and means of
accessing information contained in such
databases that are kept, found, stored or
accessed in the premises indicated in the
order may be examined and copied by
copying the information, whether through
forensic imaging or other means of
copying, photographing or recording the
electronically stored information, or by
printing out its contents;
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
4. Require that such electronically stored
information and databases be produced in
a form that is visible and legible, and may
be copied, photographed, recorded, or
printed out;
5. Ask explanations on facts or documents
relating to the subject and purpose of the
inspection and record the answers;
6. Secure or seal the area and equipment,
gadgets or devices where the information
is located or stored;
7. attach to them a tag or label warning all
persons from tampering with them, until
the examination, copying, photographing,
recording, or printing is completed, but in
no case beyond the effectivity of the
inspection order; and
8. Examine, copy, photograph, record or
print other information believed, on
reasonable grounds, to be evidence of a
violation of the PCA, its IRR or other
competition laws.
 SECURING AND SEALING THE PREMISES
WHERE THE INFORMATION IS LOCATED IS
NECESSARY WHEN:
 During the extended inspections (e.g.
inspections which last more than a
single day)
 To avoid the loss, removal or
otherwise destruction of the
information
 If the entity refuses to allow the
examination, copying, photographing,
recording of information
 The area and equipment,
gadgets or devices shall remain
sealed until the entity complies
with the inspection order.
 If entity refuses to certify faithful
reproduction of the copies
 WHAT ARE THE DUTIES OF THE ENTITY’S
EMPLOYEES?
1. Employees or individuals located within
the search premises shall not move
documents, remove files or otherwise
destroy information, access their
workspace or destroy seals or labels
during the conduct of the inspection.
2. The PCC may ask employees or any
individual in the premises on facts or
documents relating to the subject and
purpose of the inspection
3. The PCC shall provide a list of all
information copied, photographed,
recorded or printed to the person
designated by the entity who shall then
15
BOOL | CRUZ | DABU | GOMEZ
certify the faithful reproduction of such
information.
SECTION 11. USE OF REASONABLE FORCE TO EFFECT
ORDER.
If the PCC officers, deputies, and agents, are refused
admittance to the premises after giving a notice of their
purpose and authority, may use reasonable force to gain
entry to the premises, land, vehicle, or any part of the
building or anything therein, for the purposes of:
1. to enforce the inspection order; or
2. to liberate themselves or any person lawfully
aiding them when unlawfully detained therein.
SECTION 12. RETURN.
 Within three (3) days from the enforcement of the
inspection order or after the expiration of the
period provided under the inspection order,
whichever comes first, the authorized officer of
the PCC shall make a verified return to the court
which issued the order.
 A return is a report to the court that issued the
inspection order informing it on the results of the
execution of the order
 The return shall be accompanied by the following:
o A list of information copied, photographed,
recorded, or printed; and
o Affidavit of the authorized officer of the PCC,
which contains the following:
1. The date and time of examination and
copying of the documents, electronically
stored information, databases, or means
of accessing information contained in
such databases;
2. The particulars of the documents,
electronically stored information,
databases, or means of accessing
information contained in such databases,
including its hash value; and
3. The manner by which the documents,
electronically stored information,
databases, or means of accessing
information contained in such databases
was copied, including a list of all actions
taken to enforce the inspection order.
 Duty of the Issuing Judge: ascertain if the return
has been made, and if none, to summon the PCC
officer and require him to explain why no return
was made.
SECTION 13. WHEN AN INSPECTION ORDER IS
IMPROPERLY ISSUED OR IMPLEMENTED.
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA BOOL | CRUZ | DABU | GOMEZ

Before a return is filed, the person or entity whose violations under the Philippine Competition Act and other
premises were inspected may file a written motion with competition laws.
the issuing court to quash the inspection order on the
ground that it was improperly issued or implemented.

The motion shall be resolved in a summary hearing by the

issuing court after due notice to the PCC.

SECTION 14. DUTY TO KEEP DISTINCT AND SEPARATE

LOGBOOK.

The court which issued the inspection order shall keep a

distinct and separate logbook therefor.

The logbook shall be under the custody of the Clerk of

Court wherein the filing of applications for inspection
orders and other particulars thereof shall be docketed and
entered within twenty-four (24) hours after issuance of
the inspection order or denial of the application therefor.
All the subsequent proceedings concerning the inspection
order, including the return on the inspection order, shall
be faithfully recorded in the separate logbook.

SECTION 15. EFFECT OF VIOLATION.

Any person or entity who fails or refuses to comply with an

inspection order or any provision of this Rule shall be cited
for contempt of court, which procedures shall be governed
by Rule 71 of the Rules of Civil Procedure, insofar as they
are applicable.
 Unreasonably delays, fails or refuses to designate
a representative
 Tampers with, breaks or removes the seal affixed
 Destroys or deletes files or information
 Destroys or tampers with the information subject
of the inspection order
 Interferes with the implementation of the
inspection order

SECTION 16. INSPECTION ORDER NOT A BAR TO

OTHER MEASURES.

The PCC is not precluded from exercising its powers under

existing laws and rules, when it applies for an inspection
order.

The PCC is likewise not prevented from requesting law

enforcement agencies to assist in the application of a
separate search warrant for criminal violations of the PCA.

SECTION 17. LIMITED USE OF INFORMATION

COLLECTED.

The information collected pursuant to the inspection order

shall be used only in administrative proceedings for
16
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
REVISED GUIDELINES FOR CONTINUOUS TRIAL OF
CRIMINAL CASES
APPLICABILITY
- Shall apply to all newly-filed criminal cases,
including those governed by Special Laws and Rules,
in the First and Second Level Courts, the
Sandigabayan and Court of Tax Appeals as of
effectivity date (September 1, 2017)
- Shall also apply to pending criminal cases with
respect to the remainder of the proceedings
- Unless otherwise specifically provided herein, the
Revised Guidelines shall not apply to criminal cases
filed under the Rule on Summary Procedure
SPECIAL LAWS AND RULES COVERED BY THE REVISED
GUIDELINES ON CTR
- Comprehensive Dangerous Drugs Act of 2002 (R.A.
9165)
- Cybercrime Prevention Act of 2012
- Rules of Procedure for Environmental Cases
- Rules of Procedure for Intellectual Property Rights
Cases
- Criminal Cases cognizable by Family Courts and
Commercial Courts
HEARING DAYS AND CALENDAR CALL
- Trial shall be held from Monday to Thursday and
courts shall call the cases at exactly 8:30 AM and
2:00 PM, pursuant to Administrative Circular No. 3-
99
- Hearings on motions, arraignment and pre-trial, and
promulgation of decisions shall be held in the
morning of Fridays, pursuant to Sec. 7, Rule 15 of
the Rules of Court
- All courts shall ensure the posting of their court
calendars outside their courtrooms at least 1 day
before the scheduled hearings, pursuant to OCA
Circular No. 250-2015
MOTIONS
- Motion for Inhibition – based on grounds provided
for under Rule 137 shall be resolved immediately or
within 2 calendar days from date of their filing
- Prohibited Motions- Prohibited motions shall be
denied outright before the scheduled arraignment
without need of comment and/or opposition.
1. Motion for judicial determination of
probable cause
2. Motion for preliminary investigation filed
beyond the 5- day reglementary period in
inquest proceedings under Sec. 6, Rule
112, or when preliminary investigation is
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required under Sec. 8, Rule 112, or
allowed in inquest proceedings and the
accused failed to participate in the
preliminary investigation
3. Motion for reinvestigation of the prosecutor
recommending the filing of information once the
information has been filed before the court:
a. if the motion is filed without prior leave of
court;
b. when preliminary investigation is not
required under Sec. 8, Rule 112; and
c. when the regular preliminary
investigation is required and has been
actually conducted, and the grounds relied
upon in the motion are not meritorious,
such as issues of credibility, admissibility
of evidence, innocence of the accused, or
lack of due process when the accused was
actually notified, among others
4. Motion to quash information when the ground is
not one of those stated in Sec. 3, Rule 117
5. Motion for bill of particulars that does not
conform to Sec. 9, Rule 116
6. Motion to suspend the arraignment based on
grounds not stated under Sec. 11, Rule 116
7. Petition to suspend the criminal action on the
ground of prejudicial question, when no civil case
has been filed, pursuant to Sec. 7, Rule 111
MERITORIOUS MOTIONS
- Motion that allege plausible grounds supported by
relevant documents and/or competent evidence,
except those that are already covered by the
Revised Guidelines
1. Motion to withdraw information, or to
downgrade the charge in the original
information or to exclude an accused
originally charged therein, filed by the
prosecution as a result of a
reinvestigation, reconsideration, and
review
2. Motion to quash warrant of arrest
3. Motion to suspend arraignment on the
ground of an unsound mental condition
under Sec. 11(a), Rule 116
4. Motion to suspend proceedings on the
ground of prejudicial question where a
civil case was filed prior to the criminal
case under Sec. 11(b), Rule 116
5. Motion to quash information on the
grounds that the acts charged do not
constitute an offense, lack of jurisdiction,
extinction of criminal action or liability, or
double jeopardy under Sec. 3, par. (a), (b),
(g), and (i), Rule 117
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
6. Motion to discharge accused as a state
witness under Sec. 17, Rule 119
7. Motion to quash search warrant under
Sec. 14, Rule 126 or motion to suppress
evidence and
8. Motion to dismiss on the ground that the criminal
case is a Strategic Lawsuit Against Public
Participation under Rule 6 of the Rules of
Procedure for Environmental Cases
MOTION FOR POSTPONEMENT
- It is prohibited, except if it based on:
1. Acts of God;
2. Force Majeure; or
3. Physical inability of the witness to appear and
testify
- If the motion is granted based on such exceptions,
the moving party shall be warned that the
presentation of its evidence must still be finished on
the dates previously agreed upon.
- A motion for postponement, whether written or
oral, shall at all times be accompanied by the
original official receipt from the Office of the Clerk
of Court evidencing payment of the postponement
fee under Sec. 21(b), Rule 141, to be submitted
either at the time of the filing of said motion or not
later that the next hearing date
- The Clerk of Court shall not accept the motion
unless accompanied by the original receipt
PRIVATE PROSECUTOR
- In cases where only the civil liability is being
prosecuted by a private prosecutor, the head of the
prosecution office must issue in favor of the private
prosecutor a written authority to try the case even
in the absence of the public prosecutor. The written
authority must be submitted to the court prior to
the presentation of evidence by the private
prosecutor in accordance with Sec. 5, Rule 110.
- With this authority on record, the court may set the
trial in the case and in other cases tried by private
prosecutors with delegated authority on separate
days when the presence of the public prosecutor
may be dispensed with.
ARRAIGNMENT AND PRE-TRIAL (CONDUCTED IN THE
SAME DAY)
- Once the court has acquired jurisdiction over the
person of the accused, the arraignment of the
accused and the pre- trial shall be set within:
a. 10 calendar days from the date of the court’s
receipt of the case for a detained accused, and
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b. 30 calendar days from the date the court
acquires jurisdiction (either by arrest or
voluntary surrender) over a non-detained
accused, unless a shorter period is provided
by special law or Supreme Court circular
WAIVER OF READING OF THE INFORMATION
- In multiple cases, the court, upon personal
examination of the accused, may allow a waiver of
the reading of the information upon the full
understanding and express consent of the accused
and his/her counsel, which consent shall be
expressly stated in both the minutes/ certificate of
arraignment and order of arraignment
- The court shall explain the waiver to the accused in
the language or dialect known to him/her, and
ensure the accused’s full understanding of the
consequences of the waiver before approving the
same
ARRAIGNMENT PROPER
Plea Bargaining
- If the accused desires to enter a plea of guilty to a
lesser offense, plea bargaining shall immediately
proceed, provided the private offended party in
private crimes, or the arresting officer in victimless
crimes, is present to give his/her consent with the
conformity of the public prosecutor to the plea
bargaining
- Thereafter, judgment shall be immediately rendered
in the same proceedings.
Plea of Guilty to the Crime Charged in the
Information
- If the accused pleads guilty to the crime charged in
the information, judgment shall be immediately
rendered, except in those cases involving capital
punishment
CONDUCT OF PRE-TRIAL
Absence of parties
- The court shall proceed with the pre- trial despite
the absence of the accused and/or private
complainant, provided they were duly notified of
the same, and the counsel for the accused, as well
as the public prosecutor, are present.
Stipulations
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
- Proposals for stipulations shall be done with the
active participation of the court itself and shall
not be left alone to the counsels.
Marking of evidence
- The documentary evidence of the prosecution
and the accused shall be marked.
Pre- Trial Order
- The Pre- trial order shall immediately be served
upon the parties and counsel on the same day
after the termination of the pre- trial
Compliance with Rules
- Courts must strictly comply with the Guidelines
to be Observed in the Conduct of Pre-trial under
AM No. 03-1-09-SC
MEDIATION
- The following cases shall be referred to mediation
on the civil liability unless a settlement is reached
earlier in the pre- trial/ preliminary conference:
1. Crimes where payment may prevent criminal
prosecution or may extinguish criminal liability,
such as violations of:
a. BP Blg. 22;
b. SSS Law (RA No. 1161, as amended by RA
No. 8282); and
c. PAG-IBIG Law (RA No. 9679)
2. Crimes against property under Title 10 of the
Revised Penal Code (RPC), where the obligation may
be civil in nature, such as:
a. Theft under Art. 308, RPC, cognizable by the
first level courts;
b. Estafa under Art. 315(1), RPC, except estafa
under Art. 315 (2) and (3);
c. Other forms of swindling under Art 316, RPC;
d. Swindling of a minor under Art 317, RPC;
e. Other deceits under Art 318, RPC; and
f. Malicious mischief under Art 327, RPC
3. Crimes against honor under Title 13, RPC, where
the liability may be civil in nature, such as:
a. Libel by means of writings or similar means
under Art 355, RPC;
b. Threatening to publish and offer to present
such publication for a compensation under Art
356, RPC;
c. Prohibited publication of acts referred to in
the course of official proceedings under Art
357, RPC;
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d. Grave Slander (Grave Oral Defamation) of
serious and insulting nature under Art 358,
par. 1, RPC;
e. Simple Slander (Oral Defamation) not of a
serious and insulting nature under Art 358, par
2, RPC;
f. Grave Slander by Deed of a serious nature
under Art 359, par 1, RPC;
g. Simple Slander by Deed not of a serious
nature under Art 359, par 2, RPC;
h. Incriminating innocent person under Art
363, RPC;
i. Intriguing against honor under Art 364, RPC
4. Liber under RA 10175 (Cybercrime Prevention
Act of 2012) where the liability may be civil in
nature;
5. Criminal negligence under Title 14, RPC, where
the liability may be civil in nature; and
6. Intellectual property rights cases where the
liability may be civil in nature
- The referral of the case for mediation to the
Philippine Mediation Center (PMC) Unit shall be
made only after the conduct of the arraignment and
the pre-trial/ preliminary conference.
- The mediation shall be terminated within a non-
extendible period of 30 calendar days from the date
of referral by the court to the PMC Uit. After the
lapse of the mediation period or if mediation fails,
trial shall proceed.
- Except those cases mentioned above, criminal cases
subject to the Rule on Summary Procedure shall not
be referred to mediation.
- After the lapse of the mediation period or if
mediation fails, trial shall proceed.
- Therefore, there is no more Judicial Dispute
Resolution in criminal cases.
PETITION FOR BAIL
- If filed after the filing of the information, it shall be
set for summary hearing after arraignment and pre-
trial.
- Petition for bail shall be heard and resolved within a
non-extendible period of 30 calendar days from
date of the first hearing, except in drug cases which
shall be heard and resolved within 20 calendar days,
without need of oral argument and submission of
memoranda, consistent with the summary nature of
the proceedings.
- Motion for reconsideration on the resolution of
petition for bail shall be resolved within a non-
extendible period of 10 calendar days from date of
submission of motion.
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
Evidence in petition for bail
- The resolution of petition for bail shall be based
solely on the evidence presented during the bail
proceedings by the prosecution.
- The prosecution shall present only pieces of
evidence that are essential in establishing that the
evidence of guilt is strong
- The accused need not present evidence to
contradict or rebut the prosecution’s evidence
Non-suspension of the presentation of evidence
- The court shall not suspend the presentation of
the evidence in chief while awaiting resolution of
the petition for bail or the motion for
reconsideration.
FORM OF TESTIMONY
For First Level Courts
- In all criminal cases, including those covered by
the Rule on Summary Procedure, the testimonies
of witnesses shall consist of the duly subscribed
written statements given to law enforcement or
peace officers or the affidavits of counter-
affidavits submitted before the investigating
prosecutor, and if such are not available,
testimonies shall be in the form of judicial
affidavits, subject to additional direct and cross-
examination questions.
- The trial prosecutor may dispense with the sworn
written statements submitted to the law
enforcement or peace officers and prepare the
judicial affidavits of the affiants or modify or
revise the said sworn statement before
presenting it as evidence.
For Second Level Courts, Sandiganbayan and Court
of Tax Appeals
- In criminal cases where the demeanor of the
witness is not essential in determining the
credibility of said witness, such as forensic
chemists, medico- legal officers, investigators,
auditors, accountants, engineers, custodians,
expert witnesses and other similar witnesses,
who will testify on the authenticity, due execution
and the contents of public documents and
reports, and in criminal cases that are
transactional in character, such as falsification,
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malversation, estafa, or other crimes where the
culpability or innocence of the accused can be
established through documents, the testimonies
of the witnesses shall be the duly subscribed
written statements given to law enforcement or
peace officers or the affidavits or counter-
affidavits submitted before the investigating
prosecutor, and if such are not available,
testimonies shall be in the form of judicial
affidavits, subject to additional direct and cross-
examination questions.
- In all other cases where the culpability or the
innocence of the accused is based on the
testimonies of the alleged eyewitnesses, the
testimonies of these witnesses shall be in oral
form.
STIPULATIONS
- During the pre-trial/ preliminary conference, the
court shall require the parties to enter into
stipulations on the subject of both direct and cross-
examinations of witnesses who have no personal
knowledge of the material facts constituting the
crimes, such as forensic chemists, medico- legal
officers, investigators, auditors, accountants,
engineers, custodians, expert witnesses and other
similar witnesses, who will testify on the
authenticity, due execution and the contents of
public documents and reports; corroborative
witnesses; and those who will testify on the civil
liability.
- This rule is without prejudice to allowing additional
direct and cross- examination questions
- If stipulations cannot be had in full, where the
adverse party does not waive the right to cross-
examination, the subject of the direct testimony of
these witnesses should be stipulated upon, without
prejudice to additional direct and cross-
examination questions.
TRIAL
- The court shall encourage the accused and the
prosecution to avail of:
a. For the accused- Secs 12 and 13, Rule 119
on the application for examination of
witnesses for accused before trial and
how it is made; and
b. For the prosecution- Sec 15, Rule 119 on
the conditional examination of witnesses
for the prosecution
Absence of counsel de parte
REMEDIAL LAW REVIEW 2 JUDGE MYRA QUIAMBOA
- In the absence of the counsel de parte, the
hearing shall proceed upon appointment by the
court of a counsel de officio.
OFFER OF EVIDENCE
- The offer of evidence, the comment/ objection
thereto, and the court ruling thereto shall be made
orally. A party is required to make his/her oral offer
of evidence on the same day fter the presentation of
his/her last witness, and the opposing party is
required to immediately interpose his/her oral
comment/objection thereto. Thereafter, the court
shall make a ruling on the offer of evidence in open
court.
- In making the offer, the counsel shall cite the
specific page numbers of the court record where the
exhibits being offered are found, if attached thereto.
The court shall ensure that all exhibits offered are
submitted to it on the same day of the offer.
- If the exhibits are not attached to the record, the
party making the offer must submit the same during
the offer of evidence in open court.
DEMURRER TO EVIDENCE
- After the prosecution has rested its case, the court
shall inquire from the accused if he/she desires to
move for leave of court to file a demurrer to
evidence, or to proceed with the presentation of
his/her evidence.
- If the accused orally moves for leave of court to file a
demurrer to evidence, the court shall orally resolve
the same.
- If the motion for leave is denied, the court shall
issue an order for the accused to present and
terminate his/her evidence on the dates previously
scheduled and agreed upon, and to orally offer and
rest his/her case on the day his/her last witness is
presented.
PRESENTATION OF REBUTTAL AND SUR- REBUTTAL
EVIDENCE
- If the court grants the motion to present rebuttal
evidence, the prosecution shall immediately
proceed with its presentation after the accused has
rested his/her case, and orally rest its case in
rebuttal after the presentation of its last rebuttal
witness.
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- Thereafter, the accused shall immediately present
sur-rebuttal evidence if there is any, and orally rest
the case in sur- rebuttal after the presentation of uts
last sur- rebuttal witness.
- Thereafter, the court shall submit the case for
resolution.
One- day examination of witness rule
- The court shall strictly adhere to the rule that a
witness has to be fully examined in 1 day.
MEMORANDA
- The submission of memoranda is discretionary on
the part of the court, which in no case shall exceed
25 pages in length, single- spaced, on legal size
paper, using size 14 font
- The period to submit memoranda shall be non-
extendible and shall not suspend the running of the
period of promulgation of the decision, thus, with or
without memoranda, the promulgation shall push
through as scheduled.
PROMULGATION
- The court shall announce in open court and include
in the order submitting the case for decision, the
date of the promulgation of its decision which shall
not be more than 90 calendar days from the date the
case is submitted for decision (For those covered by
Regular Rules, including Sandiganbayan and Court
of Tax Appeals), except when the case is covered by
Special Rules and other laws which provide for a
shorter period.
- For those covered by Special Law and Rules:
a. Drug cases- 15 days from the date of submission
for resolution of the case
b. Environmental cases- 60 days from the last day
of the 30- day period to file memoranda
c. Intellectual Property Rights cases- 60 days from
the time the case is submitted for decision, with
or without memoranda; and
d. Others that may be provided in other Rules and
Laws.