DODONG

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.
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.
1. To secure a computer system or a computer data

storage medium.
2. To make and retain a copy of those computer data
secured.
3. To maintain the integrity of the relevant stored
computer data.
4. To conduct forensic analysis or examination of the
computer data storage medium.
5. To render inaccessible or remove those computer
data in the accessed computer or computer and
communications network.
 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.
Custody of Computer Data
All computer data, including

content and traffic data Shall be accompanied by an The law enforcement
examined under a proper affidavit of the law enforcement authority who may
warrant shall, within forty-eight authority executing it stating the access the deposit,
(48) hours after the expiration among other relevant
dates and times covered by the
of the period fixed therein, be data.
deposited with the court in a examination.
sealed package.
The law enforcement

authority shall also certify The package so deposited shall not
that no duplicates or copies be opened, or the recordings Opportunity to be heard to
of the whole or any part replayed, or used in evidence, or the person or persons whose
thereof have been made, or if then contents revealed, except conversation or
made, that all such upon order of the court, which shall communications have been
not be granted except upon motion, recorded.
duplicates or copies are
included in the package with due notice
deposited with the court.
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.
Restricting or Blocking Access to Computer Data
Exclusionary
Rule
Any evidence procured without a When a computer data is prima facie
valid warrant or beyond the found to be in violation of the provisions
authority of the same shall be of this Act, the DOJ shall issue an order
inadmissible for any proceeding to restrict or block access to such
before any court or tribunal. computer data.
Noncompliance Jurisdiction
The Regional Trial Court shall have jurisdiction over any
Failure to comply with the provisions of violation of the provisions of this Act, including any
Chapter IV hereof specifically the orders from violation committed by a Filipino national regardless of
law enforcement authorities shall be punished the place of commission. Jurisdiction shall lie if any of the
as a violation of Presidential Decree No. 1829 elements was committed within the Philippines or
with imprisonment of prison correctional in its committed with the use of any computer system wholly or
maximum period or a fine of One hundred partly situated in the country, or when by such
thousand pesos (Php100,000.00) or both, for commission any damage is caused to a natural or
each and every noncompliance with an order juridical person who, at the lime the offense was
issued by law enforcement authorities. committed, was in the Philippines.
General Principles Relating to
International Cooperation
 All relevant international instruments on

Cybercrime Investigation and Coordinating Center
international cooperation in criminal
matters, arrangements agreed on the
basis Of uniform or reciprocal legislation, Investigation and Coordinating Center (CICC),
and domestic laws, to the widest extent under the administrative supervision of the
possible for the purposes of investigations Office of the President, for policy coordination
or proceedings concerning criminal among concerned agencies and for the
offenses related to computer systems and formulation and enforcement of the national
data, or for the collection of evidence in cybersecurity plan.
electronic form of a criminal, offense shall
be given full force and effect.
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.
Composition
1. Executive Director of the Communications Technology Information and Office under the
Department of Science and Technology (ICTO-DOST) as Chairperson
2. Director of the NBI as Vice Chairperson;
Members
1. the Chief of the PNP;

2. Head of the DOJ Office of Cybercrime; and
3. one (1) representative from the private sector and academe
 The CICC shall be manned by a secretariat of selected existing

personnel and representatives from the different participating
agencies.
Powers and Functions
1. To formulate a national cybersecurity 5. To coordinate the support and participation of the business sector,
plan and extend immediate assistance for local government units and nongovernment organizations in
the suppression of real-time commission cybercrime prevention programs and other related projects;
of cybercrime offenses through a
computer emergency response team 6. To recommend the enactment
(CERT);
of appropriate laws, issuances,
measures and policies;
2. To coordinate the preparation of
appropriate and effective measures to
prevent and suppress cybercrime 7. To call upon any government agency to
activities as provided for in this Act; 3. To render assistance in the accomplishment of the
monitor cybercrime cases being bandied CICC's mandated tasks and functions; and
by participating law enforcement and
prosecution agencies;
8. To perform all other matters related to cybercrime
3. To monitor cybercrime cases being prevention and suppression, including capacity building
bandied by participating law enforcement and such other functions and duties as may be necessary
and prosecution agencies; for the proper implementation of this Act.
4. To facilitate international cooperation on intelligence,

investigations, training and capacity building related to
cybercrime prevention, suppression and prosecution:

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DISCLOSURE OF COMPUTER

Law enforcement authorities, upon securing a court

 Where a search and seizure warrant is properly issued, the

1. To secure a computer system or a computer data

All computer data, including

The law enforcement

Upon expiration of the periods as provided in

 All relevant international instruments on

Department of Justice (DOJ)

 There is hereby created an Office of

2. Director of the NBI as Vice Chairperson;

1. the Chief of the PNP;

 The CICC shall be manned by a secretariat of selected existing

4. To facilitate international cooperation on intelligence,

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