Very recently RA 10175 was enacted or the “CYBERCRIME
PREVENTION ACT OF 2012.” This law is
enacted to effectively prevent and combat
exploitation of information and communications technology.
1. Is
stealing electronic data and accessing restricted computer data punishable?
Yes. The law punishes illegal access in
whole or in part of computer system without right. It is likewise illegal to
intercept transmission of computer data without authority.
2. Can
a person be liable for cybercrime for unauthorized use of computer password?
Yes. The law prohibits illegal distribution
or use of access code, password, or similar data which may compromise access to
a computer system.
3. Is
cyber-squatting punishable in this act?
Yes. The acquisition of domain name over
the internet in bad faith to profit, mislead, destroy reputation, and deprive
others from registering the same.
4. Is
a person who created a FACEBOOK PAGE using another person’s identity be liable
of cybercrime?
Since this a new law, there is no
jurisdiction on the matter yet, however, based on the provision of the law, if
it may be proved that the person acted in bad faith with the purpose of besmirching
the reputation of the person or preventing such person in creating his own page,
he is liable. Although, when acted in good faith, like creation of a FAN PAGE, I
opine that it is not violative of the law.
5. What
is computer forgery?
Computer forgery is the unauthorized alteration,
input, or deletion of computer data to make it appear authentic. Or the act of
knowingly using computer data which is the product of computer-related forgery
for the purpose of perpetuating a fraudulent or dishonest act or scheme.
6. What
is computer identity-theft?
It is the
intentional acquisition, use, misuse, transfer, possession, alteration or
deletion of identifying information belonging to another, whether natural or
juridical, without right. Provided, That if no damage has yet been caused, the
penalty imposed shall be one (1) degree lower.
7. Is
unsolicited advertisement to sell or offer of sale of products prohibited?
Yes. The law prohibits unsolicited
commercial communications.
8. Can
a person be accused of libel through a Fccebook comment?
Yes. Based on the law, libel as defined in
the Revised Penal Code, may be committed through a computer system or any other
similar means which may be devised in the future.
9. Is
a corporation liable when the cybercrime is committed by its employees?
Yes, provided that it can be shown that the
individual acted directly or indirectly in behalf of the corporation. This is
indirectly shown when the individual is a person holding a leading position and
he acted within the bounds of his authority.
10. What
agency assists in the investigation and prosecution of cybercrimes?
Cybercrime Investigation and Coordinating
Center under the Department of Justice created to assist in the suppression of
cybercrime offenses.
11. Which
court has jurisdiction over cybercrimes?
Regional Trial Court
