Cybercrime Prevention Act of the Philippines…A Law that Backfired: A Timeline (Part II – Crafting of the Law at the Bicameral Conference and Presidential Approval)

The Conference Committee Report relative to the Anti-Cybercrime Law or
Republic Act No. 10175 is referred to as the Bicameral (Bicam for short)
Conference Committee Report. The members of this conference committee
are representatives from both the House of Representatives and the Senate.

May 23, 2012
Senate receives the transmitted House Bill No. 5808.

June 5, 2012
The Bicam Conference Committee was co-chaired by Senator Edgardo J.
Angara and Representative Sigfrido R. Tinga. The Senate was represented by
Senators Angara, Miriam Defensor-Santiago, Jinggoy Estrada, Ferdinand
“Bongbong” Marcos, Antonio Trillanes, Bong Revilla and Manuel Villar.

Members of the House in the conference committee were represented by
Sigfrido R. Tinga, Juan Edgardo “Sonny” Angara (Aurora), Diosdado “Dato” Macapagal,
Jr. (Camarines Sur), Roilo Golez (Paranaque) Miro Quimbo (Marikina), Susan
Yap (Tarlac), Ma. Rachel Arenas (Pangasinan), Eric Singson Jr. (Ilocos Sur),
Teodoro Marcelino (Marikina), Mel Sarmiento (Western Samar), Cesar
Sarmiento (Catanduanes) and Rufus Rodriguez (Cagayan de Oro City).
The Conference Committee Report on reconciling the provisions of Senate
Bill No. 2796 and House Bill No. 5808 were discussed.

Senate Bill No. 2796, entitled:

“AN ACT DEFINING CYBERCRIME, PROVIDING FOR PREVENTION,
INVESTIGATION AND IMPOSITION OF PENALTIES THEREFOR AND FOR
OTHER PURPOSES,” and House Bill No. 5808, entitled “AN ACT DEFINING
CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION,
SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR
OTHER PURPOSES.”

Senator Angara was recognized by the Chair to sponsor the report.
The following is the summary (in tabular form) of the amendments of House
Bill No. 5808 and Senate Bill No. 2796, the basis for the enactment of Republic
Act No. 10175 or the Cybercrime Prevention Law. As agreed upon, the Bicameral
Conference Committee, decided to generally adopt the Senate version of the bill
to be used as the working draft of this conference.

Provisions of Senate Bill No. 2796 Inserted

1. Section 3 – Definition of Terms (Original Retained Except for Amended Subparagraphs)

2. Section 3, Subparagraphs (e) – Computer Data (Subparagraph Renumbered);
Subparagraph (h) – Without Right (Subparagraph Renumbered); (j) Critical Infrastructure; (k) Cyber security; (l) Database; (m)Interception; (n) Service Provider; (o) Subscriber’s information; and (p)Traffic Data or Non-Content Data (All Subparagraphs Renumbered)

3. Section 4,

a. Subparagraph (2)- Illegal Interception (the succeeding provisions deleted); Paragraph (B3) Computer-Related Identity Theft (Renumbered Section; Second Paragraph on Penalties for said Crimes Deleted); 

b. Subparagraph (5) Misuse of Devices (The Succeeding provision Deleted); 

c. Subparagraph (6) Cybersquatting defined; (B1) Computer-Related Forgery; and (B2) Computer-Related Fraud (Subparagraphs Renumbered)

d. Section 4, Paragraphs (C1) Cybersex; and (C2) Child Pornography with the following amendments:
the words “especially as” between the words “2009 and “committed” (deleted); and
“Provided, That the penalty to be imposed shall be one degree higher than that provided for in Republic Act No. 9775.” (this provision between quotation marks inserted after the word “system” was added)

e. Section 4, Subparagraph (C3c), Unsolicited Commercial Communications – … “the primary intent of the communication is for service and/or” (Subparagraph Renumbered; Provision in Between Quotations Marks Inserted)

4. Section 5 – Other Offenses (Original Version)

5. Section 7- Liability under Other Laws (Section Renumbered)

6. Section 8- Penalties … Anti-Child Pornography Act of 2009:
“Provided, That the penalty to be imposed shall be one degree higher than that provided for in Republic Act No. 9775, if committed through a computer system.”
(Section Renumbered; Provision in Quotation Marks Inserted)

7. Section 9 – Corporate Liability
 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, the act committed within the scope of such authority, or … (Renumbered Section; Subsections a) and b) inserted)

8. Section 11- Duties of Law Enforcement Authorities (Section Renumbered)

9. Section 12-Real Time Collection of Traffic Data (Section Renumbered)

10.Section 13- Preservation of Computer Data (This Section Renumbered)

11. Section 14 – Disclosure of Computer Data (Renumbered Section)

12. Section 15-Search, Seizure, and Examination of Computer Data (Renumbered Section)

13. Section 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. (Renumbered Section; Take-Down Provision)

14. Section 20-Non-Compliance (Renumbered Section)

15. Section 21-Jurisdiction (Renumbered Section)

16. Chapter VI – International Cooperation, Section 22- General Principle Relating to International Cooperation (Renumbered Section)

17. Chapter VII- Competent Authorities, Section 23- Department of Justice
(Renumbered Section)

18. Section 27 – Appropriations (Section Renumbered)

19. Section 29 – Separability Clause;

20. Section 30 – Repealing Clause; and

21. Section 31 – Effectivity (All Sections Renumbered)

Provisions of House Bill No. 5808) Inserted 

1. Title : “AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES”

2. Section 2 – Declaration of Policy (Original Retained) 

3. Section 3, Subparagraphs (c) – Communication refers to the transmission of information through ICT media, including voice, video and other forms of data; (d) Computers – 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. (Definition of Communications and Computer inserted); (g) – Computer System (Definition of, with Subparagraph Renumbered); (i) Cyber (Definition inserted; Subparagraph Renumbered); and (t) – Computer Program (Definition inserted; Subparagraph Renumbered)

4. Section 4,

a. Subparagraph (3) Data Interference (Defined);  

b. Subparagraph (4) System Interference (Defined)

(Both Subparagraphs Renumbered);

5. Section 10 – Law Enforcement Agencies changed to “Law Enforcement Authorities” for consistency (Renumbered Section);

6. Section 16-Custody of Computer Data; 

7. Section 17 – Destruction of Data; 

8. Section 18, Exclusionary Rule (All Sections Renumbered; Section 17 entitled “Destruction of Computer Data” renamed “Destruction of Data”)

9. Section 24 – Cybercrime Investigation and Coordinating Center (Renumbered Section); 

10.Section 25 –Composition … “Head of the DOJ Office of the Cybercrime and one (1) representative each from the private sector and academe” (Inserted Provision in Quotation Marks)

11.Section 28 – Implementing Rules and Regulations (Renumbered Section)

Provisions of Both Senate Bill No. 2796 and House Bill No. 5808 Inserted

Chapter VIII – Final Provisions (Original Retained)

New Section Inserted

“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 degree higher than that provided for by the Revised Penal Code and special laws.” (New Section added to the reconciled version;  Article 355 of the Revised Penal Code relative to Libel is included, including all other offenses in the Revised Penal Code)
The Conference Committee Report regarding the disagreeing provisions of both Senate Bill No. 2708 and House Bill No. 5808 were approved by the Body.

August 15, 2012

President Benigno C. Aquino III receives the transmitted Bicameral Conference Committee Report.

September 12, 2012

Republic Act No. 10175 is signed into law by President Aquino III

Next:
The next blog will feature the timeline of the Filipino people’s reaction to Republic Act No. 10175 or the Cybercrime Act of 2012. This was done through hackings, petitions, and other forms of protests. Petitions were filed in the Supreme Court questioning certain provisions of said law. The Supreme Court finally issued a Temporary Restraining Order of the law’s implementation.

Related Links:

I. Republic Acts

A. Republic Act No. 10175 or the Cybercrime Prevention Act
of 2012

http://www.gov.ph/2012/09/12/republic-act-no-10175/

II. Bicameral Conference Committee Report

A. For the Record: Public records of Senate Deliberations on the Cybercrime Prevention Bill: May 23, 2012 and June 5, 2012 Timeline

http://www.gov.ph/2012/10/03/for-the-record-public-records-of- senate-deliberations-on-the-cybercrime-prevention-bill/

III. Newspaper Clippings

http://raissarobles.com/2012/10/05/the-cybercrime-law-was-brought-to-you-by-7-senators-12-congressmen/

http://www.bworldonline.com/content.php?section=Beyond&title=Anti-Cybercrime-law-timeline:The-law-that-launched-a-thousand-memes-&id=59817

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