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Penalties of Cybercrimes

The Cybercrime Prevention Act of 2012 in the Philippines establishes penalties for cybercrimes. These include imprisonment or fines depending on the type of offense. More serious offenses like those committed against critical infrastructure or child pornography carry higher penalties, with an additional degree of penalty if committed online. The law also holds corporations criminally liable if cybercrimes are committed by employees for the benefit of the company, with fines double the standard amounts. Individual employees are also still liable. This aims to provide a framework for prosecuting cybercrimes in the Philippines aligned with international standards.

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Yuan Gruyal
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150 views2 pages

Penalties of Cybercrimes

The Cybercrime Prevention Act of 2012 in the Philippines establishes penalties for cybercrimes. These include imprisonment or fines depending on the type of offense. More serious offenses like those committed against critical infrastructure or child pornography carry higher penalties, with an additional degree of penalty if committed online. The law also holds corporations criminally liable if cybercrimes are committed by employees for the benefit of the company, with fines double the standard amounts. Individual employees are also still liable. This aims to provide a framework for prosecuting cybercrimes in the Philippines aligned with international standards.

Uploaded by

Yuan Gruyal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Penalties of Cybercrimes

Introduction
The Philippine Congress established Republic Act No. 10175 or otherwise known as the
“Cybercrime Prevention Act of 2012” which combats against crimes committed against or
through computer systems. It includes penal substantive rules, procedural rules, and rules
on international cooperation.

Amendatory bills on cybercrime investigations are operational in the Philippines, with new
provisions being introduced on procedural powers, responsibilities, and extradition. The aim
is for the amendments to provide a structured approach for prosecutors and investigators
on cybercrime investigations and to further align national legislation with the Budapest
Convention.

The Act is based on the United Nations Model law on electronic commerce,


1996 recommended by the General Assembly of the United Nations in the year 1997. The
Information Act, 2000 was later amended in the year 2008 to improve certain provisions of
the original Act.

Penalties
Any person found guilty of any of the punishable acts enumerated in Sections 4(a) [Offenses
against the confidentiality, integrity and availability of computer data and systems] and 4(b)
[Computer-related Offenses] of this Act shall be punished with imprisonment of prison
mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum
amount commensurate to the damage incurred or both.

If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty
of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up
to maximum amount commensurate to the damage incurred or both, shall be imposed.

Any person found guilty of any of the punishable acts enumerated in Section 4(c) [Content-
related Offenses] (1) [Cybersex] of this Act shall be punished with imprisonment of prision
mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) but not exceeding
One million pesos (PhP1,000,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) [Child
Pornography] of this Act shall be punished with the penalties as enumerated in Republic Act
No. 9775 or the “Anti-Child Pornography Act of 2009”: Provided, That the penalty to be
imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775, if
committed through a computer system.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3)
[Unsolicited Commercial Communications] shall be punished with imprisonment of arresto
mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two
hundred fifty thousand pesos (PhP250,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 5 shall be
punished with imprisonment one (1) degree lower than that of the prescribed penalty for
the offense or a fine of at least One hundred thousand pesos (PhP100,000.00) but not
exceeding Five hundred thousand pesos (PhP500,000.00) or both.

Corporate Liability. — When any of the punishable acts herein defined are knowingly
committed on behalf of or for the benefit of a juridical person, by a natural person acting
either individually or as part of an organ of the juridical person, who has a leading position
within, based on: (a) a power of representation of the juridical person provided the act
committed falls within the scope of such authority; (b) an authority to take decisions on
behalf of the juridical person: Provided, That the act committed falls within the scope of
such authority; or (c) an authority to exercise control within the juridical person, the
juridical person shall be held liable for a fine equivalent to at least double the fines
imposable in Section 7 up to a maximum of Ten million pesos (PhP10,000,000.00).

If the commission of any of the punishable acts herein defined was made possible due to
the lack of supervision or control by a natural person referred to and described in the
preceding paragraph, for the benefit of that juridical person by a natural person acting
under its authority, the juridical person shall be held liable for a fine equivalent to at least
double the fines imposable in Section 7 up to a maximum of Five million pesos
(PhP5,000,000.00).

The liability imposed on the juridical person shall be without prejudice to the criminal
liability of the natural person who has committed the offense.

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