FANDOM


High

CYBERCRIME

House Bill- Not approved by the President and Senates

Republic Act- Approved by the President

Republic Act No. 10175

Cyber Crime Prevention Act of 2012

An act defining Cyber Crime, providing for the prevention, investigation, suppression and the imposition of penalties therefore and for other purposes.

Chapter II ( Punishable Acts)

a.) Offenses against the confidentially, integrity and availability of computer data and systems:

a.1 Illegal Access

a.2 Illegal Interception

a.3 Data Interference

a.4 System Interference

a.5 Misuse of Device

b.) Computer-related Offenses;

b.1 Computer-related Forgery

b.2 Computer-related Fraud

b.3 Computer-related Identity Theft

C.) Content-related Offenses:

c.1 Cyber Sex

c.2 Child Pornography

c.3 Unsolicited Commercial Communications

c.4 Libel

Chapter III (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 prision 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 prision 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 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) 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.

Reclusion perpetua – 20 yrs. and 1 day – 40 yrs.

Reclusion Temporal –12 years and 1 day – 20 yrs.

Prision Mayor – 6 yrs and 1 day – 12 yrs

Arresto Mayor – 1 month – 6 months

Arresto Menor – 1 day to 30 days