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8.3 RA 10175 (Cybercrime)

Republic Act 10175, the Cybercrime Prevention Act of 2012, is the foundation of Philippine cybercrime law. It defines offences, designates enforcement agencies, and sets penalties. This lesson summarises the parts an engineer or system owner must know.

Offences Defined In RA 10175

SectionOffenceExamples
Sec. 4(a)(1)Illegal AccessLogging in without authority
Sec. 4(a)(2)Illegal InterceptionSniffing private traffic
Sec. 4(a)(3)Data InterferenceAltering, deleting data without right
Sec. 4(a)(4)System InterferenceDoS, ransomware against a system
Sec. 4(a)(5)Misuse of DevicesProducing, possessing tools to commit above
Sec. 4(a)(6)Cyber-squattingBad-faith domain registration
Sec. 4(b)(1)Computer-related ForgeryForged digital documents
Sec. 4(b)(2)Computer-related FraudPhishing, payment fraud
Sec. 4(b)(3)Computer-related Identity TheftImpersonation, account takeover
Sec. 4(c)(1)CybersexLascivious exhibition for favour or consideration
Sec. 4(c)(2)Child PornographyAligned with RA 9775
Sec. 4(c)(3)Unsolicited CommercialSpam, with safe-harbour for opt-out
Sec. 4(c)(4)Online LibelDefamation online (constitutionally narrowed)

Enforcement Roles

AgencyRole
DOJ - Office of CybercrimeCentral authority, MLAT requests
NBI - Cybercrime DivisionInvestigation, digital forensics
PNP - Anti-Cybercrime GroupFirst response, public complaints
DICT - CICCCybercrime Investigation and Coordinating Center
BSP, NPC, SECSector regulators for finance, privacy, securities

Penalty Snapshot

Offence ClassPenalty Range
Sec. 4(a) - Confidentiality, integrity, availabilityPrision mayor or fine PHP 200K-500K
Sec. 4(b) - Computer-relatedOne degree higher than analog crime
Sec. 4(c) - ContentPer existing laws plus one degree higher when via ICT
Aiding, abettingSame penalty as principal

What Engineers Should Do

  1. Keep authentication logs and retain them as evidence (DPA-compliant).
  2. Preserve volatile evidence (RAM, sessions) when an incident is suspected.
  3. Coordinate with legal before contacting NBI or PNP-ACG.
  4. Build chain-of-custody documentation into your incident playbook.

Discussion

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