Name: Leere C.
Bravo
Yr./Sec: IV- A
UNIT 3: LECTURE
Cybercrime Laws in the Philippines
PRETEST
Directions: Write the correct answer on the space provided for.
ILLEGAL ACCESS 1. The access to the whole or any part of a computer system without right
COMPUTER PROGRAM_2. Refers to a set of instructions executed by the computer to achieve
intended results.
CYBERSEX 3. Shall be punished with imprisonment of prison mayor or a fine of at least Two
hundred thousand pesos (PhP200, 000.00) but not exceeding One million pesos or both.
SERVICE PROVIDER 4. Any public or private entity that provides to users of its service the
ability to communicate by means of a computer system.
CYBER 5. Any other entity that processes or stores computer data on behalf of such
communication service or users of such service.
LEARNING ACTIVITIES
Activity 1: Make a brief discussion on the Strength, Weaknesses, Opportunities and Threat of
the RA 10175.
The concepts of cybercrimes are introduced and different types
Of cybercrimes are explored as examples of some of the impacts which caused by
Cybercrimes activities. Results from this study show that, there are many negative
Impacts which the society suffer from the cybercrimes and why the computer or
Networking is tools target for the crimes. The discussions are made from the
Findings and finally the paper addresses different measures which can be taken to
Combat these cybercrimes so that people still enjoy using the technology rather than stop them to
use it.
The strength of the R.A 10175, it aims to address legal issues concerning online
interactions. Among the cybercrime offense including in the bill are cybersquatting, cybersex,
child pornography, identify theft, illegal access to data and libel. And identifies standards of
acceptable behavior for information and communication technology (ICT) users. Established
socio-legal sanctions for cybercrime, protects ICT users, in general, and mitigates and/or
prevents harm to people, data, systems, service, and infrastructure.
The weaknesses of the R.A 10175 are the Cyber-attack result in breaches to data security
and sabotage. Personal data, intellectual property, physiological harm are easy targets. For a data
security breach. Attack can result in commercial losses, disruptions of operations and the
possibility of extortion.
The opportunities of the R.A 10175, which is we can address the crimes committed
against and through computer system.
The threat of the RA 10175, is to access to the or any part of a computer system without
right.
Activity 2: Look for decided cases with regards to cybercrime offenses indicating the acts
committed and the court’s decision. Would you agree to the court’s decision?
Support your answer.
People of the Philippines vs. Santos, Resaa and Rappler.
The Manila Regional Trial Court Branch 46 in the Philippines found Maria Ressa,
the executive editor of the online news website Rappler, and the journalist Reynalodo
Santos Jr guilty of “cyberlibel”. The case was brought following a 2012 Rappler story
concerning the businessman Wilfredo King’s alleged involvement in “human trafficking
and drug smuggling,” as well as his links to then-Supreme Court chief justice Renato
Corona. The Court convicted Ressa and Santos pursuant to Section 4(c)(4) of the 2012
Cybercrime Prevention Act (CPA), and sentenced them to imprisonment of up to six
years and a fine of PhP 200,000 (approximately USD 4,000). Although the original
article was published before the law was passed and four years prior to the charges bring
brought, the Court reasoned that the article was “republished” on 19 February 2014 when
Rappler updated their article to fix a typographical error. Further, as the CPA does not
expressly include a prescriptive period to bring charges, the Court found that Republic
Act No. 3326 applies, which provides a 12-year prescriptive period. Finally, the Court
recognized the importance of the right to freedom of speech under the Philippines
Constitution, but found that the defendants failed in their journalistic responsibilities to
verify the facts and to publish the requested clarifications or corrections. Considering the
influence of online news organizations, the Judge noted that the “keyboard is now
mightier than the pen,” making cyberlibel far more serious than traditional libel.
Manila Regional Trial Court Judge Rainelda Estacio-Montesa delivered the opinion of
the Court. The central issue before the Court was whether or not to charge the accused
Reynaldo Santos, Jr. and Maria Ressa with “cyberlibel,” contrary to section 4(c)(4) of the 2012
Cybercrime Prevention Act (CPA). Libel is defined under the statute as: “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”. [p. 14] The elements of libel are made out in Article 355 of the Revised Penal Code: “(a)
the allegation of a discreditable act or condition concerning another; (b) publication of the
charge; (c) identity of the person defamed; and (d) existence of malice.” [p. 14] the act must also
be committed through the “use of a computer system” to constitute “cyber libel.
I agree to the court’s decision despite the fact if my correction is correct that the Court
found the prosecution’s evidence sufficient in establishing the guilt of both Accused Reynaldo
Santos, Jr. and Maria Ressa beyond reasonable doubt for Violation of Section 4(c)(4) of 2012
Cybercrime Prevention Act. They were each ordered to pay Wilfredo Keng two hundred
thousand pesos in moral damages and two hundred thousand pesos in exemplary damages.
Rappler, Inc. was found to have no corporate liability under Section 9 of the CPE.
ASSESSMENT
Direction: Essay writing.
1. A is the girlfriend of B, A decided to broke up with B because of its frequent argument
and misunderstanding but B refuses to agree and said that if A broke up with him he will
post their sex scandal on the internet. What would be the possible crime that could be
charge against B? Support your answer.
For me if my correction is correct I believe that this possible crime that could be
committed or charge against B is Cybersex, Republic Act. No. 10175 or also known as
Cybercrime Prevention act. Despite the fact that the Cybersex is the willful engagement,
maintenance, control or operations, directly or indirectly or indirectly, of any lascivious
exhibitions of sexual organs or sexual activity, with the aid of a computer system, for
favor or consideration. Any person found guilty cybersex shall be punished with
imprisonment of prison mayor, or a fine of at least two Hundred Thousand Pesos (P2000,
000.00). But not exceeding one Million Pesos (P1, 000,000.00), or both.
Where the maintenance, control, or operation of cybersex likewise constitutes an
offense punishable under Republic Act. 9208, as amended, a prosecutions under the Act
shall be without prejudice to any liability for violation of any provisions of the Revised
Penal Code as amended, or special laws, including R.A. No. 9208, consistent with section
8 hereof. Therefore I’m very convincing that this possible crime that could be committed
or charge against B is the Cybersex.
