OUR LADY OF THE PILLAR COLLEGE-SAN MANUEL, INC.

District 3 San Manuel, Isabela

College of Criminology
Academic Year 2021-2022
Second Semester
Prelim-Midterm

INTRODUCTION TO CYBERCRIME AND

ENVIRONMENTAL LAWS AND PROTECTION
CDI9
 CDI9: INTRODUCTION TO CYBERCRIME
“Ever since men began to modify their lives by using technology they have found themselves in a series of
technological traps”

What is Cyber Crime?

Cyber-crime are essentially a combination of the elements of computer and net crime and can be best
defined as “offenses that are committed against individuals or group of individuals with a criminal motive to
intentionally harm the reputation of the victim directly or indirectly using modern telecommunication networks
such as the Internet and mobile phones.
In its simplest definition, cybercrime is a criminal activity that either targets or uses a computer, a
computer network or a network device.

What is Cyber Criminology?

Cyber Criminology is the study of causation of crimes that occur in the cyberspace and its impact in the
physical space.

General Categories of Cyber-crime:

1. Computer as a target
2. Computer as a weapon

History of computer and cybercrime

 The computer as we know it today had its beginning on 19th century. English, Mathematics Professor
Charles Babbage designed the Analytical engine and this design was used as basic framework of the
computers of today are based on
 The first recorded cybercrime took place in the year 1820.
 The first person to be found guilty of cybercrime was Ian Murphy, also known as Captain Zap, and that
happened in the year 1981.
 The first unsolicited bulk commercial email was sent by a digital equipment marketing representative to
every ARPANET (Advanced Research Projects Agency Network) address on the west coast of the
United States on May 03, 1978. The message promoted the availability of a new model of computer and
was sent by Gary Tuerk to 393 recipients.

What is I Love You virus?

I Love You virus, also known as a love bug virus, was a type of computer virus that attacked billions of
computers with windows operating systems. It started the attack May 2000 from the Philippines. The virus
spread through internet network as an email attachment, with the subject line as ILOVEYOU and an attachment
“LOVE-LETTER-FOR-YOU.txt.vbs”.

This virus was created by computer programmer student of AMA namely Onel De Guzman .

What happened to the case of Onel De Guzman?

Absolutely nothing happened. Government prosecutors filed cases against him, but even at the first
stage, the indictment was dismissed because there was no law penalizing the said act during the time of
commission in the Philippines.

What was the effect of I Love You virus case on the Philippine Legislation?
 In order to curb the threat posed by cybercrime, the Philippine Congress enacted Republic Act 8792,
otherwise known as the “electronic commerce act of 2000. This was signed into law on June 14, 2000.

The salient features of the Act are as follows:

 Provides for the admissibility of electronic documents in court cases
 Penalizes limited online crime, such as hacking, introduction of viruses and copyright violations of at
least Php 100, 000 and a maximum commensurate to the damage incurred, and imprisonment of 6
months to 3 years among others:
 Promotes e-commerce in the country
 Aims to reduce graft and corruption in government

Who was the first Filipino convicted of Cybercrime?

The first Filipino to be convicted of cybercrime, was JJ Maria Giner. He was convicted in September
2005 by Manila MTC branch 14 Judge Rosalyn Mislos-Loja. Giner pleaded guilty to hacking the government
portal “gov.ph” and other government websites. He was sentenced to one to two years of imprisonment and
fined 100,000. However, he immediately applied for probation, which was eventually granted by the court
What are the Components of Computer?
A computer is made up of multiple parts and components that facilitate user functionality. A computer
has two primary categories:

1. Hardware - The physical components of a computer system

2. Software - These are the instructions that tell the computer what to do and how to do it.

Input devices - An input device is any hardware component that allows the user to enter data into the
computer.

• Keyboard
• Mouse
• Scanner
• Microphone
• Digital Camera
• PC Video Camera

Output Devices - An output device is any hardware component that gives information to the user
• Monitor
• Printer
• Speaker

The two main categories of software:

• System software - The system software also called the operating system (OS) which actually
runs the computer.
• Application software - Application software is a program that allows users to a specific task on
the computer.

Four common examples of application software

• Word Processing Application
• Spreadsheet Application
• E-mail Application
• Internet Application
 Storage Media
Storage keeps data, information and instructions for use in the future.

Primary storage
• RAM (Random Access Memory) - is the primary storage of a computer. When you’re working
on a file on your computer, it will temporarily store data in your RAM. It allows you to perform
everyday tasks like opening applications, loading webpages, editing a document or playing
games, and allows you to quickly jump from one task to another without losing your progress.

Secondary Storage (Hard Disk Drives (HDD) & Solid-State Drives (SSD))
• Hard Disk Drives (HDD) - Hard disk drives are commonly used as the main storage device in a
computer. HDDs often store operating system, software programs and other files. These are
magnetic storage devices
• Solid-state drives (SSD) is a new generation of storage device used in computers. SSDs replace
traditional mechanical hard disks by using flash-based memory, which is significantly faster.
SSDs don’t rely on magnets and disks, instead they use a type of flash memory called NAND

External storage devices

• External hard drive - is a device which is plugged into your machine to give almost-immediate
storage space, without the need to open or use your computer’s internal storage.
• Floppy disks were the first widely-available portable, removable storage devices. They work in
the same way as hard disk drives, although at a much smaller scale.
• CDs, DVDs, and Blu-Ray disks are used for a lot more than just playing music and videos—
they also act as storage devices, and collectively they’re known as optical storage devices or
optical disk media.
• Flash memory devices – these are small, portable storage devices that have long been a popular
choice for extra computer storage. The most recognizable type of flash memory device is the
USB flash drive
What are the typologies of Cyber Crime?
The Budapest Convention on Cyber Crime provided the four general types of cybercrime:

• Offenses against the confidentiality, integrity and availability of computer data and systems,
• Computer-related offenses  Content-related offenses
• Copyright-related offenses

1. Unauthorized Access - Unauthorized access is when someone gains access to a website, program,
server, service, or other system using someone else's account.
2. Hacking - Any attempt to intrude into a computer or a network without authorization. This involves
changing of system or security features in a bid to accomplish a goal that differs from the intended
purpose of the system. It can also refer to non-malicious activities, usually involving unusual or
improvised alterations to equipment or processes. An individual who involves themselves in hacking
activities is known as a hacker.
What are the various kinds of hackers?

• White hats - also known as ethical hackers, strive to operate in the publics best interest, rather than to
create turmoil. Many white hat hackers work doing penetration, to attempt to break into the company’s
networks to find and report on security vulnerabilities.
• Black hat hackers – this kind of hackers, hack to take control over the system for personal gains. They
destroy, steal and even prevent authorized users from accessing the system
 • Gray hat hackers - They belong to the neutral zone. They act in the middle ground between white hat
hackers, who operate on behalf of those maintaining secure systems, and sometimes act as black hat
hackers who act maliciously to exploit vulnerabilities in systems.

3. Cracking – is breaking into a network; bypasses passwords or licenses in computer programs; or in

other ways intentionally breaches computer security. Crackers also act as Black Hats by gaining access
to the accounts of people maliciously and misusing this information across networks. They can steal
credit card information, they can destroy important files, disclose crucial data and information or
personal details and sell them for personal gains.

4. Cyber Fraud - is the crime committed via a computer and internet with the intent to corrupt another
individual’s personal and financial information stored online from people illegally by deceiving them.
a. Spoofing or Phishing - Spoofing is a type of scam in which criminals attempt to obtain someone's
personal information by pretending to be a legitimate source. It can be in the form of:
•Email Spoofing- Email spoofing is a technique used in spam and phishing attacks to trick users
into thinking a message came from a person or entity they either know or can trust. In email
spoofing attacks, the sender forges email headers so that client software displays the fraudulent
sender address, which most users take at face value.
•Text Message Spoofing - Sometimes referred to as smishing. The text message may appear to
come from a legitimate source, such as your bank. It may request that you call a certain phone
number or click on a link within the message, with the goal of getting you to divulge personal
information.
•URL Spoofing - URL spoofing happens when scammers set up a fraudulent website to obtain
information from victims or to install malware on their computers. Virus hoax emails - Virus
hoaxes are false reports about non-existent viruses, often claiming to do impossible things like
blow up the recipient's computer and set it on fire, or less sensationally, delete everything on the
user's computer.

b. Lottery Frauds - These are emails, which inform the recipient that he/ she has won a prize in a lottery.

c. Credit Card Fraud -Credit card fraud is the unauthorized use of a credit or debit card, or similar
payment tool to fraudulently obtain money or property. Credit and debit card numbers can be stolen
from unsecured websites or can be obtained in an identity theft scheme.

d. Theft of Internet Hours - Unauthorized use of Internet hours paid for by another person.

e. Cyber Terrorism - It refers to unlawful attacks and threats of attacks against computers, networks and
the information stored therein when done to intimidate or coerce a government or its people in
furtherance of political or social objectives.

f. Cyber Pornography – is the act of using cyberspace to create, display, distribute, import, or publish
pornography or obscene materials, especially materials depicting children engaged in sexual acts with
adults.

g. Cyber-libel or cyber defamation- is a term used when someone has posted or emailed something that is
untrue and damaging about someone else on the social media, including blogs, chat rooms, personal
websites, social media, social networking sites, or other published articles. Cyber defamation is also
called as Cyber smearing.
h. Cyber Stalking - Cyber-stalking refers to the use of the Internet, email, or other electronic
communications device to stalk and later on harass another person.
 i. Denial of Service attacks- DoS attacks accomplish this by flooding the target with traffic, or sending
many information that triggers a crash on someone’s computer or computer network..

j. Distributed denial-of-service attack (DDoS attack) - occurs when multiple systems flood the bandwidth
or resources of a targeted system, usually one or more web servers.

k. Salami Slicing Attack - A “salami slicing attack” is a technique by which cyber-criminals steal money
or resources a bit at a time so that it will be remain unnoticeable.

j. Malware attack - is a common cyberattack where malware executes unauthorized actions on the
victim’s computer system. The malicious software encompasses many specific types of attacks like
infecting computers.

What are the common types of Malware?

a.Adware – (Advertising-supported software) is a type of malware that automatically delivers

advertisements.
b.Ransomware is malicious software that infects your computer and displays messages demanding a fee to
be paid in order for your system to work again.

c.Rootkit – A rootkit is a type of malicious software designed to remotely access or control a computer
without being detected by users or security programs. Once a rootkit has been installed it is possible for
the malicious party behind the rootkit to remotely execute files, access/steal information. Rootkit can
modify system configurations, alter software.

d.Trojan Horse - Trojan horse, commonly known as a “Trojan,” is a type of malware that disguises itself
as a normal file or program to trick users into downloading and installing malware. A Trojan can give a
malicious party remote access to an infected computer. Once an attacker has access to an infected
computer, it is possible for the attacker to steal data.
e.Virus - Viruses are designed to damage the target computer or device by corrupting data, reformatting
your hard disk, or completely shutting down your system.

f. Worm - A computer worm is a type of malware that spreads copies of itself from computer to computer.
A worm can replicate itself without any human interaction, and it does not need to attach itself to a
software program in order to cause damage.

What are some preventive measures against cybercrimes?

1. Keep software and operating system updated

2. Use anti-virus software and keep it updated
3. Use strong passwords
4. Never open attachments in spam emails
5. Hands typing on laptop keyboard
6. Do not give out personal information unless secure
7. Contact companies directly about suspicious requests
8. Be mindful of which website URLs you visit
9. Keep an eye on your bank statements

REPUBLIC ACT 10175

Despite of RA 8792 already in place, it was found to have failed to address all forms of
cybercrime that are enumerated in the Budapest Convention on Cybercrime of 2001, namely:
• Offences against confidentiality, integrity and availability of computer data and systems
• Computer-related offences
• Content-related offences
• Offences related to infringement of copyright and related rights.

What is RA 10175?
Republic Act No. 10175, otherwise known as the “Cybercrime
Prevention Act of 2012”

What are the acts the constitute Cybercrime Offenses under RA 10175?
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 and 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: Provided, however, That it shall not be
unlawful for an officer, employee, or agent of a service provider, whose facilities are used in the
transmission of communications, to intercept, disclose or use that communication in the normal course
of employment, while engaged in any activity that is necessary to the rendition of service or to the
protection of the rights or property of the service provider, except that the latter shall not utilize service
observing or random monitoring other than for purposes of mechanical or service control quality
checks.

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

a. The use, production, sale, procurement, importation, distribution or otherwise making available,
intentionally and without right, of any of the following:

i. A device, including a computer program, designed or adapted primarily for the purpose of
committing any of the offenses under this rules; or
ii. 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 the intent that it be used for the purpose of
committing any of the offenses under this rules.

b. The possession of an item referred to in 5a(i) or(ii) above, with the intent to use said devices for the
purpose of committing any of the offenses under this section.

B. Computer-related Offenses
1.Computer-related Forgery

a. 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
b. 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

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 C. Content-related Offenses:

1. Any person found guilty of Child Pornography shall be punished in accordance with the penalties set forth in
Republic Act No. 9775 or the “AntiChild Pornography Act of 2009”.

What are the other Cybercrime offenses punishable under RA 10175?

The following constitute other cybercrime offenses punishable under the RA 10175:

1. Cyber-squatting – The acquisition of a domain name over the internet, in bad faith, in order to profit,
mislead, destroy reputation, and deprive others from registering the same, if such a domain name is:

a. Similar, identical, or confusingly similar to an existing trademark registered with the appropriate
government agency at the time of the domain name registration;
b. Identical or in any way similar with the name of a person other than the registrant, in case of a personal
name; and
c. Acquired without right or with intellectual property interests in it.

2. 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.

3. 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 (RA 10175 Sec. 4)

Other offenses under RA 10175 (RA 10175 Sec. 5)

A. Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets, aids, or
financially benefits in the commission of any of the offenses enumerated in the Act shall be held liable,
except with respect to Child Pornography and online Libel.
B. Attempt to Commit Cybercrime. – Any person who willfully attempts to commit any of the offenses
enumerated in the Act shall be held liable, except with respect to Child Pornography and online Libel.

RA 10175 Sec. 6

All crimes defend 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 Revised Penal Code as amended, or special laws.

What are the other salient provisions of RA 10175?

1. 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 the
 Act. The NBI and the PNP shall organize a cybercrime division or unit to be manned by Special
Investigators to exclusively handle cases involving violations of this Act.

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) – Office
of Cybercrime for review and monitoring.

Preservation and Retention of Computer Data. – The integrity of traffic data and subscriber information shall
be kept, retained and preserved by a service provider 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.

Collection of Computer Data. Law enforcement authorities, upon the issuance of a court warrant, shall be
authorized to collect or record by technical or electronic means, and the service providers are required to
collect or record by technical or electronic means and/or to cooperate and assist in the collection or recording
of computer data that are associated with specified communications transmitted by means of a computer
system.

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, within seventy-two (72) hours from
receipt of such order, subscriber’s information, traffic data or relevant data in his/its possession or control.

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:

a. Within the time period specified in the warrant, to conduct interception, asdefined in this Rules, and to:

1. Search and seize computer data;

2. Secure a computer system or a computer data storage medium;
3. Make and retain a copy of those computer data secured;
4. Maintain the integrity of the relevant stored computer data;
5. Conduct forensic analysis or examination of the computer data storage medium; and
6. Render inaccessible or remove those computer data in the accessed computer or computer and
communications network.

b. Pursuant thereto, 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.

c. Law enforcement authorities may request for an extension of time tocomplete 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.

Custody of Computer Data. – All computer data, including content and traffic data, that are examined under a
proper warrant shall, within fortyeight (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 have access to the deposit, among other relevant data.
Destruction of Computer Data. – Upon expiration of the periods as provided in Sections 12 (6months) and
Section 15 ( Within the time period specified in the warrant), or until the final termination of the case and/or as
ordered by the Court, as the case may be, service providers and law enforcement authorities, as the case may be,
shall immediately and completely destroy the computer data.
4. Where does Cybercrime case be filed and who have the Jurisdiction over the Cybercrime Cases in the
Philippines?
5.  The criminal actions for violation of RA 10175, shall be filed before the designated special
cybercrime court (RTC) of the province or city where the offense or any of its elements is committed, or where
any part of the computer system used is situated, or where any of the damage caused to a natural or juridical
person took place.

What are types of warrants in relation to Cybercrime?

(1) Warrant to Disclose Computer Data (WDCD)
The Warrant to Disclose Computer Data (WDCD) authorizes law enforcement to issue an order to
disclose or submit subscriber’s information, traffic data, or relevant data in the possession or control of a
person or service provider within seventy-two (72) hours from the receipt of the order. Within forty-eight (48)
hours from implementation or after the expiration of the effectivity of the WDCD, the authorized law
enforcement officer must accomplish a return and to turn over the disclosed computer data or subscriber’s
information to the court.
(2) Warrant to Intercept Computer Data (WICD)
It authorizes law enforcement to listen, record, monitor, or surveil the content of the communications
through electronic eavesdropping or tapping devices, at the same time the communication is occurring.
(3) Warrant to Search, Seize, and Examine Computer Data (WSSECD)
A WSSECD authorizes the search the particular place for items to be seized and/or examined.
Upon the conduct of the seizure, law enforcement must file a return stating the (a) devices that were
subject of the WSSECD and (b) the hash value of the computer data and/or the seized computer device or
computer system containing such data.
(4) Warrant to Examine Computer Data (WECD)
The Warrant to Examine Computer Data (WECD) is to allow law enforcement agencies to search a
computer device or computer seized during a lawful warrantless arrest or by any other lawful method such as
valid warrantless seizure, in flagrante delicto, or by voluntary surrender.

Preservation Request; Warrants and Other Issuances for Computer Data; And Duties Of
Law Enforcement Agency

International Cooperation. – All relevant international instruments on international cooperation

on criminal matters, and arrangements agreed on the basis of uniform or reciprocal legislation and
domestic laws shall be given full force and effect, to the widest extent possible for the purposes
of investigations or proceedings concerning crimes related to computer systems and data, or for
the collection of electronic evidence of crimes.
The DOJ shall cooperate and render assistance to other contracting parties, as well as request
assistance from foreign states, for purposes of detection, investigation and prosecution of offenses
referred to in the Act and in the collection of evidence in electronic form in relation thereto. The
principles contained in Presidential Decree No. 1069 and other pertinent laws, as well as existing
extradition and mutual legal assistance treaties, shall apply. In this regard, the central authority
shall:
a. Provide assistance to a requesting State in the real-time collection of traffic data associated
with specified communications in the country transmitted by means of a computer system,
with respect to criminal offenses defined in the Act for which real-time collection of traffic
data would be available, subject to the provisions of Section 13 hereof;

b. Provide assistance to a requesting State in the real-time collection, recording or interception of

content data of specified communications transmitted by means of a computer system, subject
to the provision of Section 13 hereof;
c. Allow another State to:

1. Access publicly available stored computer data located in the country or elsewhere; or
2. Access or receive, through a computer system located in the country, stored computer
data located in another country, if the other State obtains the lawful and voluntary consent
of the person who has the lawful authority to disclose the data to said other State through
that computer system.

d. Receive a request of another State for it to order or obtain the expeditious preservation of data
stored by means of a computer system located within the country, relative to which the
requesting State shall submit a request for mutual assistance for the search or similar access,
seizure or similar securing, or disclosure of the stored computer data: Provided, That:

1. A request for preservation of data under this section shall specify:

i. The authority seeking the preservation;

ii.The offense that is the subject of a criminal investigation or proceedings and a brief summary
of the related facts; iii. The stored computer data to be preserved and its relationship to the
offense; iv. The necessity of the preservation; and

v. That the requesting State shall submit a request for mutual assistance for the search or similar
access, seizure or similar securing, or disclosure of the stored computer data.
2. Upon receiving the request from another State, the DOJ and law enforcement agencies
shall take all appropriate measures to expeditiously preserve the specified data, in
accordance with the Act and other pertinent laws. For the purposes of responding to a
request for preservation, dual criminality shall not be required as a condition;

3. A request for preservation may only be refused if:

i. The request concerns an offense that the Philippine Government considers as a political
offense or an offense connected with a political offense; or

ii. The Philippine Government considers the execution of the request to be prejudicial to its
sovereignty, security, public order or other national interest.

4. Where the Philippine Government believes that preservation will not ensure the
future availability of the data, or will threaten the confidentiality of, or otherwise
prejudice the requesting State’s investigation, it shall promptly so inform the requesting
State. The requesting State will determine whether its request should be executed; and

5. Any preservation effected in response to the request referred to in paragraph (d)

shall be for a period not less than sixty (60) days, in order to enable the requesting State
to submit a request for the search or similar access, seizure or similar securing, or
disclosure of the data. Following the receipt of such a request, the data shall continue to
be preserved pending a decision on that request.

e. Accommodate request from another State to search, access, seize, secure, or disclose data
stored by means of a computer system located within the country, including data that has been
preserved under the previous subsection.
The Philippine Government shall respond to the request through the proper application of
international instruments, arrangements and laws, and in accordance with the following rules:
1. The request shall be responded to on an expedited basis where:
 i. There are grounds to believe that relevant data is particularly vulnerable to loss or
modification; or

ii. The instruments, arrangements and laws referred to in paragraph (b) of this
section otherwise provide for expedited cooperation.

2. The requesting State must maintain the confidentiality of the fact or the subject of request for
assistance and cooperation. It may only use the requested information subject to the conditions
specified in the grant.

f. Make a request to any foreign state for assistance for purposes of detection, investigation
and prosecution of offenses referred to in the Act;

g. The criminal offenses described under Chapter II of the Act shall be deemed to be
included as extraditable offenses in any extradition treaty where the Philippines is a party:
Provided, That the offense is punishable under the laws of both Parties concerned by deprivation
of liberty for a minimum period of at least one year or by a more severe penalty.

The Secretary of Justice shall designate appropriate State Counsels to handle all matters of
international cooperation as provided in this Rule.

Preservation request through law enforcement portals

Preservation and Retention of Computer Data. – The integrity of traffic data and subscriber
information shall be kept, retained and preserved by a service provider 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 that is preserved, transmitted or stored by a service provider is
used as evidence in a case, the mere act of furnishing such service provider with a copy of the
transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the
computer data until the final termination of the case and/or as ordered by the Court, as the case
may be.
The service provider ordered to preserve computer data shall keep the order and its compliance
therewith confidential.

Cybercrime Litigation: New Rules on Issuance of Cybercrime Warrants and

Filing Cybercrime Cases
Recent issuances by the Supreme Court and the Department of Justice (DOJ) give rise to two
important developments in the field of Cybercrime litigation. The Supreme Court recently
approved A.M. No. 17-11-03-SC, or the Rule on Cybercrime Warrants, which became effective
on 15 August 2018. Meanwhile, the DOJ issued Advisory Opinion No. 1, s. 2018, clarifying the
roles of the National Bureau of Investigation ("NBI") and the Philippine National Police (PNP) in
the prosecution of cybercrime cases.
Filing a complaint with the NBI or the PNP not a requirement for prosecuting a cybercrime case
In an Advisory Opinion, the DOJ clarified that cybercrime complaints can be filed directly with
the prosecutor's office, without need of prior investigation by the NBI-Cybercrime Division or the
PNP Anti-Cybercrime Group.
The Advisory Opinion was issued in the wake of cybercrime cases being dismissed by
prosecutors, for failure of complainants to first initiate an investigation by the NBI-Cybercrime
Division or the PNP Anti-Cybercrime Group -- citing Section 10 of the Cybercrime Prevention
Act of 2012 which provides that "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."
The DOJ clarified that the phrase "to exclusively handle cases involving violations of this Act" in
Section 10 of the Cybercrime Prevention Act of 2012 does not confer on these agencies the sole
authority to investigate cybercrime cases. It only provides a limitation on the type of cases that
may be handled by these agencies.
However, parties remain free to ask for these agencies' assistance, or obtain the services of private
forensic experts, if needed.
Cybercrime warrants
A.M. No. 17-11-03-SC provides for the issuance of 4 types of warrants, which are briefly
discussed below.

(1) Warrant to Disclose Computer Data (WDCD)

A WDCD requires any person or service provider to disclose subscriber's information, traffic
data, or relevant data in his/her or its possession or control within 72 hours from receipt of the
order. A request for WDCD may only be filed if there is a complaint officially docketed and
assigned for investigation and the disclosure is necessary and relevant for the investigation.
Among others, the request for WDCD must state the relevance and necessity of the data sought
and describe particularly the information sought to be disclosed.

(2) Warrant to Intercept Computer Data (WICD)

A WICD authorizes the law enforcement authorities to listen to, record, monitor, or conduct
surveillance of the content of communications, including the use of electronic eavesdropping or
tapping devices. The request for a WICD must also state the relevance and necessity of the data
sought and describe particularly the information sought to be disclosed. Also, the request must
state the likely offense involved.

(3) Warrant to Search, Seize, and Examine Computer Data (WSSECD)

A WSSECD is similar to a search warrant, except the subject matter of a WSSECD is computer
data. The request for a WSSECD must also state the relevance and necessity of the data sought
and describe particularly the information sought to be seized and examined. Also, the request
must state the likely offense involved. In addition, the request must contain an explanation of the
search and seizure strategy to be implemented.
Upon the conduct of the seizure, law enforcement must file a return stating the (a) devices that
were subject of the WSSECD and (b) the hash value of the computer data and/or the seized
computer device or computer system

(4) Warrant to Examine Computer Data (WECD)

A WECD is a warrant issued when a computer device or system is previously seized by another
lawful method, such as a warrantless arrest. Before searching any device seized, law enforcement
must apply for a WECD. The request for a WECD must also state the relevance and necessity of
the data sought and describe particularly the information sought to be disclosed. Also, the request
must state the likely offense involved.
Upon the conduct of the seizure, law enforcement must file a return stating the (a) devices that
were subject of the WECD and (b) the hash value of the computer data and/or the seized
computer device or computer system containing such data.

How these warrants can be obtained

The four warrants described above are only obtained by law enforcement agencies (i.e., the PNP
or the NBI) from Regional Trial Courts specially designated to handle cybercrime cases. Thus,
private complainants will need to coordinate with such agencies if such warrants are to be
obtained.
 Notably, Regional Trial Courts in Quezon City, Manila City, Makati City, Pasig City, Cebu City,
Iloilo City, Davao City, and Cagayan de Oro City are empowered to issue warrants that are
enforceable throughout the Philippines

RA 10175, Sec 11 – Duties of Law Enforcement Agencies

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) – Office of Cybercrime for review and monitoring.
Law enforcement authorities shall act in accordance with the guidelines, advisories and
procedures issued and promulgated by the competent authority in all matters related to
cybercrime, and utilize the prescribed forms and templates, including, but not limited to,
preservation orders, chain of custody, consent to search, consent to assume account/online
identity and request for computer forensic examination.

PHILIPPINE NATIONAL POLICE ANTI-CYBERCRIME GROUP Philippines

Case Study

The INTERPOL tagged the Philippines, Morocco and Ivory Coast as the top three countries where “sextortion”
rings operate. Due to this, a massive operation dubbed as “OPERATION STRIKE BACK” were launched by
the PNP ACG aimed at neutralizing cybersex syndicates in the country particularly those involved in so-called
SEXTORTION.

“Operation Strike Back”

“SEXTORTION” means extortion where the extorter obtains nude pictures or videos from his victim, then
blackmails them for money to avoid the publication of the nude material.

• November 11-13, 2013 - 1st Eurasian Working Group Meeting for Heads of Cybercrime Units in Singapore.

– Sextortion was traced in the Philippines

– Suspect/s: Filipinos
– Victim/s: Foreigners

ENVIRONMENTAL CRIMES
It is an illegal act which directly harms the environment. These illegal activities involve the
environment, wildlife, biodiversity and natural resources. It covers the activities that breach environmental
legislation and cause significant harm or risk to the environment, human health or both.

Green Collar Crime – it is a crime committed against nature. This term can refers to actual crime, in the sense
that the act is illegal by the country’s law, or a moral crime that may not be illegal.

ENVIRONMENTAL CRIMES
 Is now becoming a serious problem worldwide in different forms, with some of them being among
the most profitable criminal activities in the world. The most common crimes against the
environment are connected with the unlawful exploitation of wild fauna and flora, pollution, waste
disposal and its trade.

The following are the kinds of environmental crimes committed and punishable by law:
Wild animal traffic – it is regarded by the INTERPOL as the third largest illegal business in
the world after drug and arms trafficking. Wild animal traffic raises a serious threat for the
world’s biodiversity survival.
Indiscriminate logging- it is the main cause of deforestation, the largest rainforest in the
world speeded up in 2013 at a 29% rise in deforestation, according to the Brazilian
government. The uncontrolled logging to get wood for furniture or other good or even for
farm lands. It is the most serious cause of this environmental crime.
Electronic waste mismanagement – there are up to 50 million tones of electronic waste every
year and up to 75% of all these is estimated to leave the official circuit and a good deal of
them to be illegally exported to Africa, china of India.
Finning – a hundred million sharks are captured every year by specialized ships and up to 70
million of them are captured to only have their fins cut off alive on the ships and then thrown
back into the sea.
Dumping in rivers and Aquifers – this kind of environmental crime is most often caused by
companies, factories and Public Administration. Faecal and toxic waste coming from
factories are dumped in rivers which cause the local wildlife to die or get ill and also finds its
way to pollute the surrounding flora as well.
Waste disposal – improper waste disposal creates a hazardous problem. It may infect people
not only physically but through the air and water. Garbage thrown in the rivers and canals
 may not only block our waterways but invites rodents to infect the water and soon be
transferred to humans.
Global warming due to emission of greenhouse gasses – in almost any activity, we emit
greenhouse gas such as using our electricity, cooking and driving our cars. As we breath out,
we also produce carbon dioxide. The more people in the certain area, the bigger carbon
dioxide are emitted into the environment. As the gases are produce, it generates heat causing
a change in the climate.

ENVIRONMENTAL LAWS IN THE PHILIPPINES

Republic Act No. 9003

“Ecological Solid Waste Management of 2000”

 In partnership with stakeholder, the law aims to adopt a systematic, comprehensive and ecological
solid waste management program that shall ensure the protection of public health and environment.
The law ensures proper segregation, collection, storage treatment and disposal of solid waste through
the formulation and adaption of the best eco-waste products.

Republic Act No. 9275

“Philippine Clean Water Act of 2004”

 The law aim to protect the country’s water bodies from pollution from land-based sources (industries
and commercial establishment, agriculture and community/household activities). It provides for
comprehensive and integrated strategy to prevent and minimize pollution through a multi-sectoral
and participatory approach involving all the stakeholders.

Republic Act No. 8749

“Philippine Clean Air Act of 1999

 The law aims to achieve and maintain clean that meets the National Air Quality guidelines value for
criteria pollutants, throughout the Philippines, while minimizing the possible associated impacts to
the economy.

Republic Act No. 6969

“Toxic Substances, Hazardous and Nuclear Waste Control Act of 1990”

 The law aims to regulate restrict or prohibit the importation, manufacture, processing, sale,
distribution, use and disposal of chemical substances and mixtures the present unreasonable risk to
human health. It likewise prohibits the entry, even in transit of hazardous and nuclear waste and their
disposal into the Philippine territorial limits of whatever purpose and to provide advancement and
facilitate research and studies in toxic chemicals.

Presidential Decree 1586

“Environmental Impact Statement of 1978”

 The environmental impact assessment system was formally established in 1978 with the enactment
of PD No. 1586 to facilitate the attainment and maintenance of rational and order. It balance between
socio-economic development and environmental protection. EIA is a planning and management tool
that will help government, decision makers, the proponents and the affected community address the
negative consequences or risks on the environments. The process assures implementation of
environmental-friendly projects.

Republic Act No. 1181

“ Pollution Control Law”

 The purpose of this decree is to prevent, control, and abate the emission of air pollution from motor
vehicle in order to protect the health and welfare of the people and to prevent or minimize damage to
property and hazards to land transportation.

Republic Act No. 9729

“Climate Change Act of 2009”

 The state adapts the principle of protecting the climate system for the benefit of humankind, on the
basis of climate justice or common but differentiated responsibilities and the precautionary principle
to guide decision-making in climate risk management.

Republic Act no. 10611

“”Food Safety Act of 2013”

 It is an act to strengthen the food safety regulatory system in the country to protect consumer health
and facilitate market access of local food and food products, and for other purposes.

Environmental Crime Investigation

The environmental crime investigation model is based on the following areas:

Investigation method – criminal investigation of environmental crime target the most harmful violations
of environmental laws that pose significant threats to human health and the environment. Criminal
investigation are carried our via methods including interviews, searching a document or person,
examining documents or objects, use of force for self-defense and subject expert area. This requires
well-trained special agents and investigators.
Science and Technical Expertise – environmental crime investigations require in depth investigations
with scientific methodologies and technical expertise. Sampling and testing of materials to obtain
evidence against environmental criminals is a critical and specialized area. Scientist and specialized
technical experts are required to collect this evidence.
Legal and Prosecution Aspects – the legal and prosecution aspects of environmental crime is
significantly increasing in demand. Environmental laws and regulations developed are at all level
including sanctions, prison sentences, fines and restoration of damage. Cost of legal and prosecution
cases are high and are conducted by specialized environmental law experts.

Environmental Protection

 It is the process of protecting the natural environment by individuals, organizations, and

governments, its objectives are to conserve natural resources and the existing natural environment
and, where possible, to repair damage and reverse trends.

TEN SIMPLE THINGS TO PROTECT THE ENVIRONMENT

 Reduce, Reuse, Recycle

- Cut down on what you throw away. Follow the three 3R’s to conserve natural resources and
landfill space. Reduce means to cutback on the amount of trash we generate. Reuse means to find
new ways to use things that otherwise would have been thrown out. Recycle means to turn
something old and useless into something new and useful.
 Volunteer
 - Volunteer for cleanups in your community. You can get involved in protecting your watershed,
too. A community cleanup brings volunteers together to clean, repair, and improve publicspaces
or other areas that have been neglected, vandalized, or misused.
 Educate
- When you further your own education, you can help others understand the importance and the
value of our natural resources.
 Conserve water
- The less water you use, the less runoff and waste water that eventually end up in the ocean.
 Choose Sustainable
- Sustainable food is food that is safe and healthy. It’s produced without hazardous pesticides and
chemicals, non-essential antibiotics or growth promotion supplements. Nutrition is also playing
an increasing role in defining sustainable foods. There’s a growing movement towards plant-
based foods.
 Shop wisely
- Buy less plastic and bring a reusable shopping bag.
 Use long-lasting light bulbs
- Energy efficient light bulbs reduce greenhouse gas emission. Also flip the light switch off when
you leave the room.
 Plant a tree
- Trees provides food and oxygen. They help save energy, clean the air, and help combat climate
change.
 Don’t Send Chemicals Into Our Waterways
- Choose non-toxic chemicals in the home and office.
 Bike more drive less
- Choose non-toxic chemicals in the home and office.

Prepared By: Checked by:

Jennifer G. Padiernos Ian Angelo B. Bonilla

Instructor Program Coordinator

Noted By:

Marissa F. Prudencio, Ph.D.

Academic Dean