Showing posts with label Philippines. Show all posts
Showing posts with label Philippines. Show all posts

Saturday, May 23, 2015

BSP ISSUES MEMO FOR THE USAGE OF OLD BANKNOTES



The Bangko Sentral ng Pilipinas Deputy Governor Diwa C. Guinigundo today reminded the public that the old banknote series launched in 1985 can still be used for daily transactions up to December 31, 2015.

From January 1, 2016 up to December 31, 2016, the old banknotes can still be exchanged in authorized agent banks and the BSP Cash Department. However, starting January 1, 2017, the old banknote series will be fully demonetized or without monetary value.

This means that the New Generation Banknotes introduced in December 2010 will result in the circulation of a single currency series in the country. The New Generation Banknotes have more and enhanced security features to protect the safety of the public against counterfeiters.

The demonetization process of the old banknotes is in line with the provisions of Section 57 of Republic Act No. 7653, otherwise known as the New Central Bank Act, which authorizes the BSP to replace banknotes that are more than 5 years old. The old banknotes have been in circulation for almost three decades.

The public is advised of the following important information:

1. The public may continue to use the old banknotes up to 31 December 2015 in paying and buying of goods and services and other business or financial transactions requiring the use of cash.  Thereafter, these old banknotes will no longer be accepted for payment transactions; 

2. From 1 January 2015 to 31 December 2016, the public may exchange with authorized financial institutions, namely universal and commercial banks, thrift banks, and rural as well as cooperative banks, their old banknotes with the New Generation Currency (NGC) Series at full face value, without charge.The public may also opt to exchange their old banknotes with the BSP or any of its regional offices/branches around the Philippines. 

3. Government institutions holding old banknotes in which could not be exchanged during the prescribed period, such as banknotes used as evidence in a litigation case, will have to request the BSP Cash Department in writing, within the period of exchange, for a special exchange arrangement;

4. For Overseas Filipinos (OFs) abroad, who have in their possession old banknotes which could not be exchanged within the prescribed period, they may register online starting 1 October 2016 to 31 December 2016 through the BSP Website.  These old banknotes may be exchanged with the BSP within one (1) year from  date of registration; and

5. Starting 1 January 2017, NDS banknotes that have not been exchanged shall no longer have any monetary value, and are considered demonetized. 






SOURCE

Thursday, July 24, 2014

THE WORLD'S LARGEST INDOOR DOME OPENS
















President Benigno "Noynoy" Aquino III led the inauguration of the Iglesia ni Cristo's Philippine Arena in Bulacan this morning (July 21), touted as the world's largest indoor arena.   

Aquino congratulated the influential religious group for its 100th anniversary, saying INC's sense of community [and] faith extends beyond the church.

Philippine Arena
The Philippine Arena is part of the Ciudad de Victoria (City of Victory) complex of the Iglesia ni Cristo that is estimated to be about 130 hectares.

Construction of the arena began on Aug. 17, 2011 and ended last May 30, 2014. The dome can accommodate some 55,000 people.

The Philippine Arena has four levels. The parking area, offices and stage can be found on Level 1. On Level 2 are the main entrance from the great stairs, and lower bowl seats. The VIP rooms are on Level 3, while the concourse or general patronage area is found on Level 4.




Read related stories:

Sunday, October 21, 2012

PHILIPPINES CELEBRATES THE SECOND SAINT





MANILA, Philippines - Church bells pealed across the Catholic Philippines Sunday as millions attended special masses to celebrate the naming of the country's second saint, a young missionary killed over 340 years ago.

President Benigno Aquino declared Sunday a "national day of celebration" in Asia's bastion of Catholicism and sent his vice president, Jejomar Binay, to lead a big congregation to the rites in the Vatican.

In the capital Manila, people from all walks of life congregated at the Sto. Nino de Tondo parish to watch the ceremonies naming Pedro Calungsod as one of seven new saints in the Catholic faith.

"The canonization of Saint Pedro Calungsod is a major and historic event for the Catholic Church and our predominantly Catholic nation," Binay said in a statement from Rome.

"The event fills us with pride as Catholics, yet it calls on us to exercise humility and reflect on the supreme sacrifice made by Saint Calungsod in defense of his faith."

Thousands from all walks of life holding small replicas of Calungsod, many of them teary-eyed, trooped to at least three different venues in Manila where the government had set up giant screens on which to show the solemn proceedings in Rome.

As Pope Benedict XVI read the names of the seven new saints, church bells across the Philippine rang out for a few minutes to welcome Calungsod's sainthood.

"I am filled with joy. We now have two saints to intercede for our many problems," said Nanang Linda Petra, a 54-year-old mother of 12, who took a day off from her work as a laundry woman to watch the ceremonies.

Leony Mercado, a 65-year-old retired engineer and a grandmother of five, openly wept as Calungsod's name was called out.

"These are tears of joy. I cannot help but be overwhelmed," she said, adding that when one of her children, a 35-year-old woman, died due to an aneurysm in January, prayers to Calungsod helped to ease her suffering.

"I have asked Saint Pedro Calungsod to help bring her to heaven," she said, while clutching a small banner with a likeness of the saint.

Calungsod is only the second Filipino to become a saint, after Lorenzo Ruiz, a missionary who was killed in Japan in 1637 and canonized in 1987.

Six others were also canonized Sunday, including Kateri Tekakwitha, the first native American to become a saint.

Calungsod is the new patron saint for the youth, in recognition of his age -- believed to be just 17 -- when he was killed in Guam in 1672 while attempting to convert natives.

He qualified for sainthood last year after the Vatican officially recognized a 2003 "miracle" in which a 49-year-old Filipina woman declared dead from a heart attack was revived after a doctor prayed to Calungsod for help.

In 2011, the Vatican said the incident could not be explained scientifically, and Pope Benedict subsequently acknowledged the incident as a miracle by Calungsod.






WHO IS SAINT PEDRO CALUNGSOD?



Pedro Calungsod
Saint Pedro Calungsod also known as Pedro Calonsor (born: 1654 – died: 2 April 1672) was a young Roman Catholic Filipino saint, migrant,sacristan and missionary catechist, who along with Blessed Diego Luis de San Vitores, suffered religious persecution and martyrdom in Guam for their missionary work in 1672.

While in Guam, Calungsod preached Christianity to the Chamorro people through catechism, while baptizing both infants, children and adults at the risk and expense of being persecuted and eventually murdered. Through Calungsod and San Vitores' missionary efforts, many native Chamorrosconverted to Roman Catholicism.

Calungsod was formally beatified on 5 March 2000 by Blessed Pope John Paul II. Calungsod was officially canonized by Pope Benedict XVI at Saint Peter's Basilica in Vatican City on 21 October 2012.


Early years and Missionary work

Calungsod (spelled Calonsor in Spanish records) was born ca. 1654. Historical records never mentioned his exact place of origin and merely identified him as "Pedro Calonsor, El Visayo". Historical research identifiesGinatilan in Cebu, Hinunangan and Hinundayan in Southern Leyte, and Molo district in Iloilo as probable places of origin. Loboc in Bohol also makes a claim. These locations were parts of the "Diocese of Cebu" during the time of Calungsod's martyrdom.

Few details of his early life prior to missionary work and death are known. It is probable that he received basic education at a Jesuit boarding school, mastering the Catechism and learning to communicate inSpanish. He likely honed his skills in drawing, painting, singing, acting, and carpentry as these were necessary in missionary work. Calungsod would have been expected to have some aptitude in serving in the Tridentine Mass (now known as the Extraordinary form of the Roman Rite).

Calungsod, then around 14, was among the exemplary young catechists chosen to accompany the Jesuits in their mission to the Ladrones Islands (Islas de los Ladrones or “Isles of Thieves”). In 1668, Calungsod travelled with Spanish Jesuit missionaries to these islands, renamed the Mariana Islands (Las Islas de Mariana) the year before in honour of both the Blessed Virgin Mary and of the Queen Regent of Spain,María Ana of Austria, who funded their voyage. Calungsod and San Vitores went to Guam to catechise the native Chamorros.

Missionary life was difficult as provisions did not arrive regularly, the jungles and terrain was difficult to traverse, and the islands were frequently devastated by typhoons. Despite all these, the mission persevered, and was able to convert a significant number of locals.


Martyrdom

A Chinese named Choco, a criminal from Manila who was exiled in Guam began spreading rumours that the baptismal water used by missionaries was poisonous. As some sickly Chamorro infants who were baptized eventually died, many believed the story and held the missionaries responsible. Choco was readily supported by the macanjas (medicine men) and the urritaos (young males) who despised the missionaries.

In their search for a runaway companion named Esteban, Calungsod and San Vitores came to the village of Tumon, Guam on 2 April 1672. There they learnt that the wife of the village chief Matapang gave birth to a daughter, and they immediately went to baptise the child. Influenced by the calumnies of Choco, the chief strongly opposed; to give Mata'pang some time to calm down, the missionaries gathered the children and some adults of the village at the nearby shore and started chanting with them the tenets of the Catholic religion. They invited Mata'pang to join them, but he shouted back that he was angry with God and was fed up with Christian teachings.

Determined to kill the missionaries, Mata'pang went away and tried to enlist another villager, named Hirao, who was not a Christian. Hirao initially refused, mindful of the missionaries' kindness towards the natives, but when Mata'pang branded him a coward, he became piqued and capitulated. Meanwhile, during that brief absence of Mata'pang from his hut, San Vitores and Calungsod baptised the baby girl, with the consent of her Christian mother.

When Mata'pang learnt of his daughter's baptism, he became even more furious. He violently hurled spears first at Pedro, who was able to dodge the spears. Witnesses claim that Calungsod could have escaped the attack, but did not want to leave San Vitores alone. Those who knew Calungsod personally meanwhile believed that he could have defeated the aggressors with weapons; San Vitores however banned his companions to carry arms. Calungsod was hit in the chest by a spear and he fell to the ground, then Hirao immediately charged towards him and finished him off with machete blow to the head. San Vitores absolved Calungsod before he too was killed.

Mata'pang took San Vitores' crucifix and pounded it with a stone whilst blaspheming God. Both assassins then denuded the corpses of Calungsod and San Vitroes, tied large stones to their feet, brought them out to sea on their proas and threw them into the water.

The Catholic Church considers Calungsod's martyrdom as committed In Odium Fidei ('In Hatred of the Faith'), referring to the religious persecution endured by the person in evangelisation.


Beatification

A month after the martyrdom of San Vitores and Calungsod, a process for beatification was initiated but only for San Vitores. Political and religious turmoil, however, delayed and halted the process. When Hagåtña was preparing for its 20th anniversary as a diocese in 1981, the 1673 beatification cause of Padre Diego Luís de San Vitores was rediscovered in old manuscripts and revived until San Vitores was finally beatified on 6 October 1985. This gave recognition to Calungsod, paving the way for his own beatification.

In 1980, then-Cebu Archbishop Ricardo Cardinal Vidal asked permission from the Vatican to initiate the beatification and canonisation cause of Pedro Calungsod. In March 1997, the Sacred Congregation for the Causes of Saints approved the acta of the diocesan beatification process. That same year, Cardinal Vidal appointed Fr Ildebrando Leyson as vice-postulator for the cause, tasked with compiling a Positio Super Martyrio (position regarding the martyrdom) to be scrutinised by the Congregation. The positio, which relied heavily on the documentation of San Vitores' beatification, was completed in 1999.

Wanting to include young Asian laypersons in his first beatification for the Jubilee Year 2000, John Paul II paid particular attention to the cause of Calungsod. In January 2000, he approved the decree super martyrio (concerning the martyrdom) of Calungsod, setting his beatification for 5 March 2000 at Saint Peter's Square in Rome.

Regarding Calungsod's charitable works and virtuous deeds, Pope John Paul II declared:

...From his childhood, Pedro Calungsod declared himself unwaveringly for Christ and responded generously to his call. Young people today can draw encouragement and strength from the example of Pedro, whose love of Jesus inspired him to devote his teenage years to teaching the faith as a lay catechist. Leaving family and friends behind, Pedro willingly accepted the challenge put to him by Fr. Diego de San Vitores to join him on the Mission to the Chamorros. In a spirit of faith, marked by strong Eucharistic and Marian devotion, Pedro undertook the demanding work asked of him and bravely faced the many obstacles and difficulties he met. In the face of imminent danger, Pedro would not forsake Fr. Diego, but as a "good soldier of Christ" preferred to die at the missionary's side.

Shortly before his scheduled canonisation, a Triduum of masses in honour of Calungsod were celebrated in the Basilica of Saint Augustine, the Church of the Gesù and the Papal Basilica of Saint Mary Major from 18-20 October. A wooden image of Calungsod approved by and flown in from the Archdiocese of Cebu was displayed for public veneration. Archbishop Emeritus of Manila, Cardinal Gaudencio Rosales presided over the 20 October mass, while Philippine Vice-President Jejomar Binay led the Philippine delegation along with Ambassador to the Holy SeeMercedes Arrastia Tuason. Filipino Cardinal Ricardo Jamin Vidal concelebrated with Pope Benedict XVI at the official canonisation Mass for Calungsod and other beatified candidates at Saint Peter's Square.


Sainthood

On 19 December 2011, the Holy See officially approved the miracle qualifying Calungsod for sainthood by the Roman Catholic Church. The recognised miracle dates from 26 March 2003, when a woman from Leyte who was pronounced clinically dead by accredited physicians two hours after a heart attack was revived when an attending physician invoked Calungsod's intercession.

Cardinal Angelo Amato presided over the declaration ceremony on behalf of the Congregation for the Causes of Saints. He later revealed that Pope Benedict XVI approved and signed the official promulgation decrees recognising the miracles as authentic and worthy of belief. The College of Cardinals were then sent a dossier on the new saints, and they were asked to indicate their approval. On 18 February 2012, after the Consistory for the Creation of Cardinals, Cardinal Amato formally petitioned Pope Benedict XVI to announce the canonization of the new saints.The Pope set the date for the canonisation on 21 October 2012 (World Mission Sunday), 340 years after Calungsod's death.

On 21 October 2012, Pope Benedict XVI canonized Calungsod along with Saints Kateri Tekakwitha, Marianne Cope, Anna Schaffer, Giovanni Battista Piamartaa, Jacques Berthieu and Carmen Salles y Barangueras. Of note is that among the seven new saints canonised, Calungsod was the only one without a first class relic exposed for veneration since his body was disposed of at sea. After Saint Lorenzo Ruiz, Calungsod is the second Filipino to be declared a saint by the Roman Catholic Church. The Roman Martyrology celebrates Calungsod's feast along with Blessed Diego Luis de San Vitores every 2 April.


Birthplace issue

Various areas in the Visayan islands make the claim from which Pedro Calungsod was born and raised. An extensive research provided by the census research of Ginatilan, Cebu provided a longstanding record of Calonsor and Calungsod natives from their area, from which a strong claim had the most Calungsod natives originating since Filipino-Spanish era since the late 1700's. According to the Parish Pastoral Council William Pancho of Ginatilan, Cebu, there is a strong claim that in the mid 1600's, there were three Calungsod brothers:
  • Valerio Calungsor who migrated to Iloilo
  • Casimiro Calungsor who migrated to Bohol
  • Pablo Calungsor who remained in Ginatilan, Cebu and was the father of Pedro Calungsod.


In a pubic televised interview with ABS-CBN chief correspondent and newscaster Korina Sanchez, Cardinal Ricardo Jamin Vidal emphasized his dismay that when the original beatification of Pedro Calungsod began in 1980's, no province except for Ginatilan, Cebu wanted to make a claim on his place of birth. Consequently, when the canonization was approved, Catholic bishops from the provinces of Cebu, Bohol, Leyte, Samar, and Iloilo and various Mindanao provinces wanted to claim Calungsod's official birthplace.

As a result, Cardinal Vidal ruled that he will not establish a definitive judgment on his birthplace, since Spanish records only indicate the words "Pedro Calonsor, El Visayo" as his native description. Furthermore, he stated that all Visayan provinces were under the ecclesiastical jurisdiction of the Archdiocese of Cebu during the Filipino-Spanish era.


Iconography

It is not known exactly what Calungsod looked like, as no contemporary depictions survive. The writer Alcina, who was a contemporary of Pedro Calungsod, described the male Visayan indios of his time as usually more corpulent, better built and somewhat taller than the Tagalogs in Luzon; that their skin was light brown in color; that their faces were usually round and of fine proportions; that their noses were flat; that their eyes and hair were black; that they— especially the youth—wore their hair a little bit long; and that they already started to wear camisas (shirts) and calzones (knee-breeches). Pedro Chirino, S.J., who also worked in the Visayas in the 1590s, similarly described the Visayans as well-built, of pleasing countenance and light-skinned.

Calungsod is often depicted as a teenaged young man wearing a camisa de chino that is sometimes bloodied, and usually dark loose trousers. His most popular attributes are the martyr's palm pressed to his chest and the Doctrina Christiana. To indicate his missionary status, he is depicted in mid-stride, occasionally also bearing a rosary or crucifix. In some early statues, Calungsod is sometimes shown with a spear and catana (cutlass), the instruments of his death.


In art

The first portraits of Pedro Calungsod were drawings done by award-winning artist, sculptor, and designer Eduardo Castrillo in 1994 for the Heritage of Cebu Monument in Parian. A bronze statue of Calungsod was made and now forms part of the monument. Sculptors Francisco dela Victoria and Vicente Gulane of Cebu and Justino Cagayat Jr. of Paete, Laguna, created statues of Calungsod in 1997 and 1999 respectively.

When the Archdiocese of Manila in 1998 published the pamphlet Pedro Calungsod: Young Visayan "Proto-Martyr" by Jesuit theologian Catalino Arevalo, the 17-year old Ronald Tubid of Oton, Iloilo, was chosen to model for a portrait of Calungsod. This then became the basis for Rafael del Casal's painting in 1999, which was chosen as the official portrait for Calungsod. The Del Casal portrait is the first to feature a Christogram, the seal of theSociety of Jesus with which he was affiliated. The original painting is now enshrined at the Archdiocesan Shrine of Blessed Pedro Calungsod in Cebu City.

Several statues of Calungsod were also commissioned for the beatification, with one brought to Rome and blessed by John Paul II. This became the "Pilgrim Image", now enshrined at the Archdiocesan Shrine of Nuestro Padré Jesús de Nazareno of the Society of the Angel of Peace in Cansojong, Talisay City, Cebu. Another image is permanently enshrined at the Archdiocesan Shrine of Blessed Pedro Calungsod in Cebu City. Both images also depict Calungsod wearing a white camisa and trousers, with his characteristic palm, a rosary, and a crucifix pressed to his breast. During the novena before his feast day, a replica of the catana used to kill him is set into the arm of the statue.

Wednesday, October 3, 2012

TODAY IS THE START OF CYBERCRIME LAW


Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress

Second Regular Session
Begun and held in Metro Manila, on Monday the Twenty-fifth day of July two thousand eleven.
[ Republic Act No. 10175 ]
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
PRELIMINARY PROVISIONS
SECTION 1. Title. — This Act shall be known as the “Cybercrime Prevention Act of 2012″.
SEC. 2. Declaration of Policy. — The State recognizes the vital role of information and communications industries such as content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.
SEC. 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined as follows:
(a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network.
(b) Alteration refers to the modification or change, in form or substance, of an existing computer data or program.
(c) Communication refers to the transmission of information through ICT media, including voice, video and other forms of data.
(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such devices, capable of performing logical, arithmetic, routing, or storage functions and which includes any storage facility or equipment or communications facility or equipment directly related to or operating in conjunction with such device. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the internet.
(e) Computer data refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable to cause a computer system to perform a function and includes electronic documents and/or electronic data messages whether stored in local computer systems or online.
(f) Computer program refers to a set of instructions executed by the computer to achieve intended results.
(g) Computer system refers to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automated processing of data. It covers any type of device with data processing capabilities including, but not limited to, computers and mobile phones. The device consisting of hardware and software may include input, output and storage components which may stand alone or be connected in a network or other similar devices. It also includes computer data storage devices or media.
(h) Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law.
(i) Cyber refers to a computer or a computer network, the electronic medium in which online communication takes place.
(j) Critical infrastructure refers to the computer systems, and/or networks, whether physical or virtual, and/or the computer programs, computer data and/or traffic data so vital to this country that the incapacity or destruction of or interference with such system and assets would have a debilitating impact on security, national or economic security, national public health and safety, or any combination of those matters.
(k) Cybersecurity refers to the collection of tools, policies, risk management approaches, actions, training, best practices, assurance and technologies that can be used to protect the cyber environment and organization and user’s assets.
(l) Database refers to a representation of information, knowledge, facts, concepts, or instructions which are being prepared, processed or stored or have been prepared, processed or stored in a formalized manner and which are intended for use in a computer system.
(m) Interception refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content of data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring.
(n) Service provider refers to:
(1) Any public or private entity that provides to users of its service the ability to communicate by means of a computer system; and
(2) Any other entity that processes or stores computer data on behalf of such communication service or users of such service.
(o) Subscriber’s information refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which identity can be established:
(1) The type of communication service used, the technical provisions taken thereto and the period of service;
(2) The subscriber’s identity, postal or geographic address, telephone and other access numbers, any assigned network address, billing and payment information, available on the basis of the service agreement or arrangement; and
(3) Any other available information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.
(p) Traffic data or non-content data refers to any computer data other than the content of the communication including, but not limited to, the communication’s origin, destination, route, time, date, size, duration, or type of underlying service.
CHAPTER II
PUNISHABLE ACTS
SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer data and systems:
(1) Illegal Access. – The access to the whole or any part of a computer system without right.
(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 intentional or 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 reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:
(aa) A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or
(bb) A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of the offenses under this section.
(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, if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration:
(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and
(iii) Acquired without right or with intellectual property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. – 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 imposable shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775.
(3) Unsolicited Commercial Communications. — The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject. receipt of further commercial electronic messages (opt-out) from the same source;
(bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and
(cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.
(4) Libel. — 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.
SEC. 5. Other Offenses. — The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.
SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.
SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.
CHAPTER III
PENALTIES
SEC. 8. 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 (PhPl,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 (PhPl00,000.00) 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.
CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION
SEC. 10. Law Enforcement Authorities. — The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.
SEC. 11. Duties of Law Enforcement Authorities. — To ensure that the technical nature of cybercrime and its prevention is given focus and considering the procedures involved for international cooperation, law enforcement authorities specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-operation, post-operation and investigation results and such other documents as may be required to the Department of Justice (DOJ) for review and monitoring.
SEC. 12. Real-Time Collection of Traffic Data. — Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.
Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service, but not content, nor identities.
All other data to be collected or seized or disclosed will require a court warrant.
Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information.
The court warrant required under this section shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and the showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed, or is being committed, or is about to be committed: (2) that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and (3) that there are no other means readily available for obtaining such evidence.
SEC. 13. Preservation of Computer Data. — The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation.
Law enforcement authorities may order a one-time extension for another six (6) months: Provided, That once computer data preserved, transmitted or stored by a service provider is used as evidence in a case, the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the termination of the case.
The service provider ordered to preserve computer data shall keep confidential the order and its compliance.
SEC. 14. Disclosure of Computer Data. — Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic data or relevant data in his/its possession or control within seventy-two (72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation.
SEC. 15. Search, Seizure and Examination of Computer Data. — Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties.
Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:
(a) To secure a computer system or a computer data storage medium;
(b) To make and retain a copy of those computer data secured;
(c) To maintain the integrity of the relevant stored computer data;
(d) To conduct forensic analysis or examination of the computer data storage medium; and
(e) To render inaccessible or remove those computer data in the accessed computer or computer and communications network.
Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information, to enable the undertaking of the search, seizure and examination.
Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court.
SEC. 16. Custody of Computer Data. — All computer data, including content and traffic data, examined under a proper warrant shall, within forty-eight (48) hours after the expiration of the period fixed therein, be deposited with the court in a sealed package, and shall be accompanied by an affidavit of the law enforcement authority executing it stating the dates and times covered by the examination, and the law enforcement authority who may access the deposit, among other relevant data. The law enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the package deposited with the court. The package so deposited shall not be opened, or the recordings replayed, or used in evidence, or then contents revealed, except upon order of the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded.
SEC. 17. Destruction of Computer Data. — Upon expiration of the periods as provided in Sections 13 and 15, service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of a preservation and examination.
SEC. 18. Exclusionary Rule. — Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court or tribunal.
SEC. 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data.
SEC. 20. Noncompliance. — Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of Presidential Decree No. 1829 with imprisonment of prision correctional in its maximum period or a fine of One hundred thousand pesos (Php100,000.00) or both, for each and every noncompliance with an order issued by law enforcement authorities.
CHAPTER V
JURISDICTION
SEC. 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act. including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.
There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.
CHAPTER VI
INTERNATIONAL COOPERATION
Sec. 22. General Principles Relating to International Cooperation — All relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal, offense shall be given full force and effect.
CHAPTER VII
COMPETENT AUTHORITIES
SEC 23. Department of Justice (DOJ). — There is hereby created an Office of Cybercrime within the DOJ designated as the central authority in all matters related to international mutual assistance and extradition.
SEC. 24. Cybercrime Investigation and Coordinating Center. — There is hereby created, within thirty (30) days from the effectivity of this Act, an inter-agency body to be known as the Cybercrime Investigation and Coordinating Center (CICC), under the administrative supervision of the Office of the President, for policy coordination among concerned agencies and for the formulation and enforcement of the national cybersecurity plan.
SEC. 25. Composition. — The CICC shall be headed by the Executive Director of the Information and Communications Technology Office under the Department of Science and Technology (ICTO-DOST) as Chairperson with the Director of the NBI as Vice Chairperson; the Chief of the PNP; Head of the DOJ Office of Cybercrime; and one (1) representative from the private sector and academe, as members. The CICC shall be manned by a secretariat of selected existing personnel and representatives from the different participating agencies.
SEC. 26. Powers and Functions. — The CICC shall have the following powers and functions:
(a) To formulate a national cybersecurity plan and extend immediate assistance for the suppression of real-time commission of cybercrime offenses through a computer emergency response team (CERT);
(b) To coordinate the preparation of appropriate and effective measures to prevent and suppress cybercrime activities as provided for in this Act;
(c) To monitor cybercrime cases being bandied by participating law enforcement and prosecution agencies;
(d) To facilitate international cooperation on intelligence, investigations, training and capacity building related to cybercrime prevention, suppression and prosecution;
(e) To coordinate the support and participation of the business sector, local government units and nongovernment organizations in cybercrime prevention programs and other
related projects;
(f) To recommend the enactment of appropriate laws, issuances, measures and policies;
(g) To call upon any government agency to render assistance in the accomplishment of the CICC’s mandated tasks and functions; and
(h) To perform all other matters related to cybercrime prevention and suppression, including capacity building and such other functions and duties as may be necessary for the proper implementation of this Act.
CHAPTER VIII
FINAL PROVISIONS
SEC. 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000_00) shall be appropriated annually for the implementation of this Act.
SEC. 28. Implementing Rules and Regulations. — The ICTO-DOST, the DOJ and the Department of the Interior and Local Government (DILG) shall jointly formulate the necessary rules and regulations within ninety (90) days from approval of this Act, for its effective implementation.
SEC. 29. Separability Clause — If any provision of this Act is held invalid, the other provisions not affected shall remain in full force and effect.
SEC. 30. Repealing Clause. — All laws, decrees or rules inconsistent with this Act are hereby repealed or modified accordingly. Section 33(a) of Republic Act No. 8792 or the “Electronic Commerce Act” is hereby modified accordingly.
SEC. 31. Effectivity. — This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.
Approved,
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House
of Representatives
(Sgd.) JUAN PONCE ENRILEPresident of the Senate
This Act which is a consolidation of Senate Bill No. 2796 and House Bill No. 5808 was finally passed by the Senate and the House of Representatives on June 5, 2012 and June 4, 2012, respectively.
(Sgd.) MARILYN B BARUA-YAP
Secretary General
House of Representatives
(Sgd.) EMMA LIRIO-REYES
Secretary of the Senate
Approved: SEP 12 2012
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines