Republic Act No.
8792 transmission, routing, or providing of connections for
“Electronic Commerce Act of 2000”
Approved: June 14, 2000
This Act aims to facilitate domestic and international
dealings, transactions, arrangements, agreements, contracts
and exchanges and storage of information through the
utilization of electronic, optical and similar medium, mode,
instrumentality and technology to recognize the authenticity
and reliability of electronic data messages or electronic
documents related to such activities and to promote the
universal use of electronic transactions in the government and
by the general public.
This Act shall apply to any kind of electronic data
message and electronic document used in the context of
commercial and non-commercial activities to include
domestic and international dealings, transactions,
arrangements, agreements, contracts and exchanges and
storage of information.
Definition of Terms
“Addressee” refers to a person who is intended by the
originator to receive the electronic data message or electronic
document
“Computer” refers to any device or apparatus singly or
interconnected which, by electronic, electro-mechanical,
optical and/or magnetic impulse, or other means with the
same function
“Electronic data message” refers to information generated,
sent, received or stored by electronic, optical or similar
means.
“Information and Communication System” refers to a
system for generating, sending, receiving, storing or otherwise
processing electronic data messages or electronic documents
and includes the computer system
“Electronic signature” refers to any distinctive mark,
characteristic and/or sound in electronic form, representing
the identity of a person and attached to or logically associated
with the electronic data message or electronic document
“Electronic document” refers to information or the
representation of information, data, figures, symbols or other
modes of written expression, which is received, recorded,
transmitted, stored, processed, retrieved or produced
electronically.
“Electronic key” refers to a secret code which secures and
defends sensitive information that crosses over public
channels into a form decipherable only with a matching
electronic key.
“Intermediary” refers to a person who in behalf of another
person and with respect to a particular electronic data message
or electronic document sends, receives and/or stores
“Originator” refers to a person by whom, or on whose behalf,
the electronic document purports to have been created,
generated and/or sent.
“Service provider” refers to a provider of —
 Online services or network access, or the operator of
facilities therefor, including entities offering the
online communications.
 Necessary technical means by which electronic
documents of an originator may be stored and made
accessible to a designated or undesignated third party.
SECTION 33. Penalties.
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.
[fine:P100,000.00 + 6mos-3yrs imprisonment]
b)(33) Piracy or the unauthorized copying, reproduction,
dissemination, distribution, importation, use, removal,
alteration, making available to the public, or broadcasting of
protected material, electronic signature or copyrighted works,
in a manner that infringes intellectual property rights
[fine:P100,000.00 + 6mos-3yrs imprisonment]
[PPT]
E-Commerce - the process of buying and selling goods
electronically by consumers and from company to company
though computerized business transactions (e.g.Laz&Shopee)
Objectives of RA 8792
 provide a secure legal framework and environment for
electronic commerce.
 protect the integrity of electronic documents and
electronic signatures as well as its transmission and
communication so as to build and ensure the trust and
reliance of the public on electronic transactions.
Salient Features of RA 8792
1. It gives legal recognition of electronic data messages,
electronic documents, and electronic signatures. (sec 6 -13)
 Sec. 6. Legal Recognition of Data Messages.
 Sec. 7. Legal Recognition of Electronic documents
 Sec. 8. Legal Recognition of Electronic Signatures
 Sec. 9. Presumption Relating to Electronic
Signatures
 Sec. 10. Original Documents.
 Sec. 11. Authentication of Electronic Data
Messages and Electronic Documents
 Sec. 12. Admissibility and Evidential Weight of
Electronic Data Message or electronic document
 Sec. 13. Retention of Electronic Data Message and
Electronic Document.
2. Allows the formation of contracts in electronic form.
(section 16)
 Sec. 16. Formation and Validity of Electronic
Contracts.
3. Makes banking transactions done through ATM switching
networks absolute once consummated. (section 16)
 Sec. 16. Formation and Validity of Electronic
Contracts.
4. Parties are given the right to choose the type and level of
security methods that suit their needs. (section 24)
 Sec. 24. Choice of Security Methods
5. Provides the mandate for the electronic implementation of
transport documents to facilitate carriage of goods.(section 25
and 26)
  Sec. 25. Actions Related to Contracts of Carriage of
Goods.
 Sec. 26. Transport Documents.
6. Mandates RPWeb to be implemented. RPWeb is a strategy
that intends to connect all government offices to the Internet
and provide universal access to the general public. (section
28)
 Sec. 28. RPWEB To Promote the Use Of Electronic
Documents and
7. Made cable, broadcast, and wireless physical infrastructure
within the activity of telecommunications. (section 28)
 Sec. 28. RPWEB To Promote the Use Of Electronic
Documents and
8. Empowers the Department of Trade and Industry to
supervise the development of e-commerce in the country.
(section 29)
 Sec. 29. Authority of the Department of Trade and
Industry and Participating Entities
10. Provided guidelines as to when a service provider can be
liable. (section 30)
 Sec. 30. Extent of Liability of a Service Provider.
11. Authorities and parties with the legal right can only gain
access to electronic documents, electronic data messages, and
electronic signatures. For confidentiality purposes, it shall not
share or convey to any other person.
 Sec. 31. Lawful Access.
 Sec. 32. Obligation of Confidentiality.
12. Hacking or cracking, refers to unauthorized access
including the introduction of computer viruses, is punishable
by a fine from 100 thousand to maximum commensurating to
the damage. With imprisonment from 6 months to 3 years.
 Sec. 33. Penalties
13. Piracy through the use of telecommunication networks,
such as the Internet, that infringes intellectual property rights
is punishable. The penalties are the same as hacking. (section
33)
 Sec. 33. Penalties
14. All existing laws such as the Consumer Act of the
Philippines also applies to e-commerce transactions. (section
33)
 Sec. 33. Penalties

“No one is above the law. Ignorance of the

law excuses no one.”
 Republic Act No. 8293
"Intellectual Property Code of the
Philippines of 1997"
Approved: June 6, 1997
PART I: THE INTELLECTUAL PROPERTY OFFICE
Section 4. Definitions. - 4.1. The term "intellectual property
rights" consists of:
a) Copyright and Related Rights;
b) Trademarks and Service Marks;
c) Geographic Indications;
d) Industrial Designs;
e) Patents;
f) Layout-Designs (Topographies) of Integrated
Circuits; and
g) Protection of Undisclosed Information (n, TRIPS).
4.2. The term "technology transfer arrangements" refers to
contracts or agreements involving the transfer of systematic
knowledge for the manufacture of a product, the application
of a process, or rendering of a service including management
contracts;
4.3. The term "Office" refers to the Intellectual Property
Office created by this Act.
4.4. The term "IPO Gazette" refers to the gazette published
by the Office under this Act.
6.2. The Office shall be divided into six (6) Bureaus, each of
which shall be headed by a Director and assisted by an
Assistant Director. These Bureaus are:
a) The Bureau of Patents;
b) The Bureau of Trademarks;
c) The Bureau of Legal Affairs;
d) The Documentation, Information and Technology
Transfer Bureau;
e) The Management Information System and EDP
Bureau; and
f) The Administrative, Financial and Personnel
Services Bureau.
PART II: THE LAW ON PATENTS
CHAPTER I: GENERAL PROVISIONS
Section 20. Definition of Terms Used in Part II, The Law on
Patents. - As used in Part II, the following terms shall have the
following meanings:
20.1. "Bureau" means the Bureau of Patents,
20.2. "Director" means the Director of Patents;
20.3. "Regulations" means the Rules of Practice in Patent
Cases formulated by the Director of Patents and promulgated
by the Director General;
20.4. "Examiner" means the patent examiner;
20.5. "Patent application" or "application" means an
application for a patent for an invention except in Chapters
XII and XIII, where "application" means an application for a
utility model and an industrial design, respectively; and
20.6. "Priority date" means the date of filing of the foreign
application for the same invention referred to in Section 31 of
this Act
CHAPTER II: PATENTABILITY
CHAPTER III: RIGHT TO A PATENT
Section 28. Right to a Patent. - The right to a patent belongs to
the inventor, his heirs, or assigns. When two (2) or more
persons have jointly made an invention, the right to a patent
shall belong to them jointly.
Section 29. First to File Rule. - If two (2) or more persons
have made the invention separately and independently of each
other, the right to the patent shall belong to the person who
filed an application for such invention
CHAPTER IV: PATENT APPLICATION
Section 32. The Application. - 32.1. The patent application
shall be in Filipino or English and shall contain the following:
(a) A request for the grant of a patent;
(b) A description of the invention;
(c) Drawings necessary for the understanding of the invention;
(d) One or more claims; and
(e) An abstract.
CHAPTER V: PROCEDURE FOR GRANT OF PATENT
ection 40. Filing Date Requirements. - 40.1. The filing date of
a patent application shall be the date of receipt by the Office
of at least the following elements:
(a) An express or implicit indication that a Philippine patent is
sought;
(b) Information identifying the applicant; and
(c) Description of the invention and one (1) or more claims in
Filipino or English.
CHAPTER XIII: INDUSTRIAL DESIGN
PART III: THE LAW ON TRADEMARKS, SERVICE
MARKS AND TRADE NAMES
Section 121. Definitions. - As used in Part III, the following
terms have the following meanings:
121.1. "Mark" means any visible sign capable of
distinguishing the goods (trademark) or services (service
mark) of an enterprise and shall include a stamped or marked
container of goods; (Sec. 38, R.A. No. 166a)
121.2. "Collective mark" means any visible sign designated as
such in the application for registration and capable of
distinguishing the origin or any other common characteristic,
including the quality of goods or services of different
enterprises which use the sign under the control of the
registered owner of the collective mark; (Sec. 40, R.A. No.
166a)
121.3. "Trade name" means the name or designation
identifying or distinguishing an enterprise; (Sec. 38, R.A. No.
166a)
PART IV: THE LAW ON COPYRIGHT
CHAPTER I: PRELIMINARY PROVISIONS
171.1. "Author" is the natural person who has created the
work;
171.2. A "collective work" is a work which has been created
by two (2) or more natural persons at the initiative and under
the direction of another
171.3. "Communication to the public" or "communicate to the
public" means the making of a work available to the public by
wire or wireless means in such a way that members of the
public may access these works from a place and time
individually chosen by them;

171.4. A "computer" is an electronic or similar device having

information-processing capabilitie

171.5. "Public lending" is the transfer of possession of the

original or a copy of a work or sound recording for a limited
period, for non-profit purposes, by an institution the services
of which are available to the public

171.6. "Public performance", in the case of a work other than

an audiovisual work, is the recitation, playing, dancing, acting
or otherwise performing the work

171.7. "Published works" means works, which, with the

consent of the authors, are made available to the public by
wire or wireless means

171.8. "Rental" is the transfer of the possession of the original

or a copy of a work or a sound recording for a limited period
of time, for profit-making purposes;

171.9. "Reproduction" is the making of one (1) or more copies

of a work or a sound recording in any manner or form

171.10. A "work of applied art" is an artistic creation with

utilitarian functions or incorporated in a useful article

171.11. A "work of the Government of the Philippines" is a

work created by an officer or employee of the Philippine
Government or any of its subdivisions and instrumentalities

CHAPTER II: ORIGINAL WORKS

Section 172. Literary and Artistic Works.
(a) Books, pamphlets, articles and other writings;
(b) Periodicals and newspapers;
(c) Lectures, sermons, addresses, dissertations prepared for
oral delivery, whether or not reduced in writing or other
material form;
(d) Letters;
(e) Dramatic or dramatico-musical compositions;
choreographic works or entertainment in dumb shows;
(f) Musical compositions, with or without words;
(g) Works of drawing, painting, architecture, sculpture,
engraving, lithography or other works of art; ...

CHAPTER III: DERIVATIVE WORKS

Section 173. Derivative Works.
(a) Dramatizations, translations, adaptations, abridgments,
arrangements, and other alterations of literary or artistic
works; and
(b) Collections of literary, scholarly or artistic works, and
compilations of data and other materials which are original

CHAPTER V: COPYRIGHT OR ECONOMIC RIGHTS

Section 177. Copyright or Economic Rights.
CHAPTER VI: OWNERSHIP OF COPYRIGHT
Section 178. Rules on Copyright Ownership.
Section 179. Anonymous and Pseudonymous Works.
CHAPTER X: MORAL RIGHTS
Section 193. Scope of Moral Rights.
CHAPTER XI: RIGHTS TO PROCEEDS IN
SUBSEQUENT TRANSFERS
Section 200. Sale or Lease of Work.
 Republic Act No. 10175
“Cybercrime Prevention Act of 2012”
Approved: Sept. 12 2012
Passed: June 5, 2012 & June 4, 2012
SEC. 3. Definition of Terms. — For purposes of this Act, the
following terms are hereby defined as follows:
(a) Access refers to the instruction, communication with,
storing data in, retrieving data from, or otherwise making use
of any resources of a computer system or communication
network.
(b) Alteration refers to the modification or change, in form or
substance, of an existing computer data or program.
(c) Communication refers to the transmission of information
through ICT media
(d) Computer refers to an electronic, magnetic, optical,
electrochemical, or other data processing or communications
device
(e) Computer data refers to any representation of facts,
information, or concepts in a form suitable for processing in a
computer system
(f) Computer program refers to a set of instructions executed
by the computer to achieve intended results.
(g) Computer system refers to any device or group of
interconnected or related devices, one or more of which,
pursuant to a program, performs automated processing of
data.
(h) Cyber refers to a computer or a computer network, the
electronic medium in which online communication takes
place.
(i) Critical infrastructure refers to the computer systems,
and/or networks, whether physical or virtual, and/or the
computer programs, computer data and/or traffic data so vital
to this country that the incapacity or destruction of or
interference with such system and assets would have a
debilitating impact on security, national or economic security,
national public health and safety, or any combination of those
matters.
(j) Cybersecurity refers to the collection of tools, policies,
risk management approaches, actions, training, best practices,
assurance and technologies that can be used to protect the
cyber environment and organization and user’s assets.
(k) Database refers to a representation of information,
knowledge, facts, concepts, or instructions which are being
prepared, processed or stored or have been prepared,
processed or stored in a formalized manner and which are
intended for use in a computer system.
(l) Interception refers to listening to, recording, monitoring
or surveillance of the content of communications,through the
use of electronic eavesdropping or tapping devices
(o) 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
identity can be established:
(p) Traffic data or non-content data 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.
CHAPTER II: PUNISHABLE ACTS
SEC. 4. Cybercrime Offenses. — The following acts
constitute the offense of cybercrime punishable under this
Act:
(a) Offenses against the confidentiality, integrity and
availability of computer data and systems:
(1) Illegal Access. – The access to the whole or any part of a
computer system without right.
(2) Illegal Interception. – The interception made by technical
means without right of any non-public transmission of
computer data
(3) Data Interference. — The intentional or reckless
alteration, damaging, deletion or deterioration of computer
data
(4) System Interference. — The intentional alteration or
reckless hindering or interference with the functioning of a
computer or computer network
(6) Cyber-squatting. – The acquisition of a domain name
over the internet in bad faith to profit, mislead, destroy
reputation, and deprive others from registering the same
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data
without right resulting in inauthentic data with the intent that
it be considered or acted upon for legal purposes
(ii) The act of knowingly using computer data which is the
product of computer-related forgery as defined herein, for the
purpose of perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. — The unauthorized input,
alteration, or deletion of computer data or program or
interference in the functioning of a computer system, causing
damage thereby with fraudulent intent
(3) Computer-related Identity Theft. – The intentional
acquisition, use, misuse, transfer, possession, alteration or
deletion of identifying information belonging to another,
whether natural or juridical
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance,
control, or operation, directly or indirectly, of any lascivious
exhibition of sexual organs or sexual activity, with the aid of a
computer system, for favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts
defined and punishable by Republic Act No. 9775 or the Anti-
Child Pornography Act of 2009, committed through a
computer system
(3) Unsolicited Commercial Communications. — The
transmission of commercial electronic communication with
the use of computer system which seek to advertise, sell, or
offer for sale products and services are prohibited unless:
(4) Libel. — The unlawful or prohibited acts of libel as
defined in Article 355 of the Revised Penal Code, as
amended, committed through a computer system or any other
similar means which may be devised in the future.
 (1) Description of the personal information to be entered into
the system;

(2) Purposes for which they are being or are to be processed;

REPUBLIC ACT NO. 10173
(3) Scope and method of the personal information processing;
“Data Privacy Act of 2012”
Approved: Aug 15, 2012 (4) The recipients or classes of recipients to whom they are or
SEC. 3. Definition of Terms. may be disclosed;

(a) Commission shall refer to the National Privacy (5) Methods utilized for automated access, if the same is
Commission created by virtue of this Act. allowed by the data subject, and the extent to which such
access is authorized;
(b) Consent of the data subject refers to any freely given,
specific, informed indication of will, whereby the data subject (6) The identity and contact details of the personal
agrees to the collection and processing of personal information controller or its representative;
information about and/or relating to him or her.
(7) The period for which the information will be stored; and
(c) Data subject refers to an individual whose personal
information is processed. (8) The existence of their rights, i.e., to access, correction, as
well as the right to lodge a complaint before the Commission.
(d) Direct marketing refers to communication by whatever
means of any advertising or marketing material which is
directed to particular individuals.

(e) Filing system refers to any act of information relating to

natural or juridical persons

(f) Information and Communications System refers to a

system for generating, sending, receiving, storing or otherwise
processing electronic data messages or electronic documents

(g) Personal information refers to any information whether

recorded in a material form or not, from which the identity of
an individual

(h) Personal information controller refers to a person or

organization who controls the collection, holding, processing
or use of personal information

(i) Personal information processor refers to any natural or

juridical person qualified to act as such under this Act to
whom a personal information controller may outsource the
processing of personal data pertaining to a data subject.

(j) Processing refers to any operation or any set of operations

performed upon personal information including, but not
limited to, the collection, recording, organization, storage

(k) Privileged information refers to any and all forms of data

which under the Rules of Court and other pertinent laws
constitute privileged communication.

CHAPTER IV RIGHTS OF THE DATA SUBJECT

SEC. 16. Rights of the Data Subject. – The data subject is

entitled to:

(a) Be informed whether personal information pertaining to

him or her shall be, are being or have been processed;

(b) Be furnished the information indicated hereunder before

the entry of his or her personal information into the processing
system of the personal information controller, or at the next
practical opportunity:
 (3) Cybercrime Investigation and Coordination Center
(CICC)

Republic Act No. 10844

“Department of Information and
Communications Technology Act of
2015”
Approved: May 23, 2016
SEC. 3. Definition of Terms. – As used in this Act the
following terms are defined as follows:

(a) Information and Communications Technology or ICT

shall mean the totality of electronic means to access, create,
collect, store, process, receive, transmit, present and
disseminate information:

(b) Convergence shall mean the interface between and among

various telephony, radio, video, broadcasting and multimedia
infrastructure, devices and services, enabling users or
subscribers thereof to communicate with one another;

(c) Electronic Government or E-Government shall mean

the use of ICT by the government and the public to enhance
the access to and delivery of government services to bring
about efficient, responsive, ethical, accountable and
transparent government service:

(d) ICT Sector shall mean those engaged in providing goods

and services primarily intended to fulfill or enable the
function of information processing and communication by
electronic means.

(e) ICT-Enabled Services or ICT-ES Sector shall mean

those engaged in providing services that require the intrinsic
use of Id’s including engineering or architectural design

(f) Chief Information Officer or CIO shall mean a senior

officer in all national government agencies (NGAs), including
constitutional offices, state universities and colleges (SUCs),
government-owned and -controlled corporations (GOCCs),
and government financial institutions (GFIs) responsible for
the development and management of the agency’s ICT
systems and applications.

SEC. 15. Transfer of Agencies and Personnel.

(1) Information and Communications Technology Office
(ICTO);

(2) National Computer Center (NCC);

(3) National Computer Institute (NCI);

(4) Telecommunications Office (TELOF):

(5) National Telecommunications Training Institute (NTTT)

(6) All operating units of the Department of Transportation

and Communications (DOTC)

(1) National Telecommunications Commission (NTC)

(2) National Privacy Commission (NPC)