Justice Against Cybercrime

Article made by: Fahren and Dr. Fifth

Soon after the pandemic has begun to fulminate, Cybercrimes become one of the dilemmas on our society nowadays. It clearly imposes great threat that leaves devastating results to everyone who have access to internet, at any time- you can be a potential victim of cyber attacks. On that case, the exigency of Cyber Security become a necessity on today’s generation. Here are some news about cybercrimes done in the Philippines.

An interview with the PNP Anti-cybercrime group Spokesperson PMaj. Joseph Villaran on October 27,2020, revealed that 7 consecutive months- March to September 2020- Cybercrimes and its sub-types top the PNP list of alarming cases in the Philippine. It includes online scams, computer- related identity thefts, online libel, anti- photo and video voyeurism, and illegal access to someone’s online account.

“ Dahil sa pandemic, ang physical contact natin ay nawala. But ‘yong internet is tuloy-tuloy siyang gumagana. Dahil internet lang ang pinaglilibangan nila… ‘yan din ang tini-take advantage ng mg acriminal,” PNP Anti-Cybercrime Group Spokesperson PMaj.Joseph Villaran said.

[ TRANSLATION: Because of the pandemic, we have no physical contact with each other. But the internet is there and continues to function. Because it’s the only one working, criminals are taking advantage of it.]

With Online Scams being on top of the list, Villaran warns all the netizens about online shopping as one of its common form. When cyber criminals- who pretends as online sellers- get the money out from their victims. They will fail to deliver the items; thus, resulting to an easy online scheme.

So what if I already did everything to prevent and protect myself but still become a victim? Where’s the justice to protect me? Are there even laws against this cyber criminals? Don’t fret because the Philippine’s Law makers knows your worries. So to ensure the safety of Philippine’s citizen- Here is an official statement from Republic Act No. 10175, Cybercrime Prevention Act of 2012.

Cybercrime Prevention Act of 2012 is a law passed in the Philippines last September 12,2012. Its main aim is to address legal issues concerning online interactions and the internet in the Philippines. Including cybercrime offenses such as cybersex, child pornography, identity theft, illegal access to data and libel.

Stated below are the punishable cybercrimes stated at Republic Act No. 10175: [ From: https://www.officialgazette.gov.ph/2012/09/12/republic-act-no-10175/ ]

A. Against the confidentiality, integrity and availability of computer data and systems:

1. Illegal Access – To access someone’s whole or any part of the computer system.

2. Illegal Interception. – The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.

3. Data Interference. — The reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.

4. System Interference – The intentional alteration or hindering with a computer or computer network by transmitting and damaging computer data or program without any right or authority including transmission of viruses.

5. Misuse of Devices – The use or production without right. Designing a device or even a computer program to fulfill any purpose of committing any offenses under this act and possession of an item referred to previously are considered offence.

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

- The alteration or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered for legal purposes as if it were authentic, regardless whether or not the data is directly intelligible.

2. Computer- Related Fraud

- The unauthorized input of computer data or program in the functioning of a computer system causing damage thereby with fraudulent intent.

3. Computer- Related Identity Theft

- The intentional acquisition, misuse, alteration or deletion whether natural or juridical, without right,

C. Content- Related Offenses:

1. Cybersex- The willful operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system.

2. Child Pornography- The 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

- Transmission of commercial electronic communication with the use of computer system which seek to advertise and sell for sale products and services are prohibited unless: (go to the official statement given)

4. Libel- The unlawful acts of libel defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system.

Now stated below are the penalties for the offenses stated above:

Penalties. — Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) 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.

Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of prison mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) 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)(1) of this Act 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 (PhP1,000,000.00) or both.

Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) 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) 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.

SEC. 9. 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.