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.
DutiesofLawEnforcementAuthorities.
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.
Real-TimeCollectionofTrafficData.
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.
Real-TimeCollectionofTrafficData.
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.
PreservationofComputerData
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.
PreservationofComputerData
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.
DisclosureofComputerData
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.
Search, SeizureandExaminationofComputerData
Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties.
Search, Seizure and Examination of Computer Data
(a) Tosecure a computer system or a computer data storage medium;
(b) Tomake and retain a copy of those computer data secured;
(c) Tomaintain the integrity of the relevant stored computer data;
(d) Toconduct forensic analysis or examination of the computer data storage medium; and
(e) Torender inaccessible or remove those computer data in the accessed computer or computer and communications network.
DestructionofComputerData
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.
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.
RestrictingorBlockingAccesstoComputerData
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.
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.
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.
Jurisdiction
There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.
General Principles Relating to InternationalCooperation
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.
DepartmentofJustice (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.
CybercrimeInvestigationandCoordinatingCenter.|
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.
Cybercrime Investigation and Coordinating Center.
Composition
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
Director of the NBI as Vice Chairperson
Cybercrime Investigation and Coordinating Center.
Member
the Chief of the PNP
Head of the DOJ Office of Cybercrime and
one (1) representative from the private sector and academe