(6) Between the surviving spouse of the

Chapter 3. Void and Voidable adopted child and the adopter;

Marriages
Art. 35. The following marriages shall (7) Between an adopted child and a
be void from the beginning: legitimate child of the adopter;

(1) Those contracted by any party below (8) Between adopted children of the
eighteen years of age even with the same adopter; and
consent of parents or guardians;
(9) Between parties where one, with the
(2) Those solemnized by any person not intention to marry the other, killed that
legally authorized to perform marriages other person’s spouse, or his or her own
unless such marriages were contracted spouse. (82)
with either or both parties believing in
good faith that the solemnizing officer Art. 39. The action or defense for the
had the legal authority to do so; declaration of absolute nullity of a
marriage shall not prescribe. (As
(3) Those solemnized without license, amended by Executive Order 227 and
except those covered the preceding Republic Act No. 8533; The phrase
Chapter; “However, in case of marriage
celebrated before the effectivity of this
(4) Those bigamous or polygamous Code and falling under Article 36, such
marriages not failing under Article 41; action or defense shall prescribe in ten
years after this Code shall taken effect”
(5) Those contracted through mistake of has been deleted by Republic Act No.
one contracting party as to the identity 8533 [Approved February 23, 1998]).
of the other; and
Art. 40. The absolute nullity of a
(6) Those subsequent marriages that previous marriage may be invoked for
are void under Article 53. purposes of remarriage on the basis
solely of a final judgment declaring such
Art. 36. A marriage contracted by any previous marriage void. (n)
party who, at the time of the
celebration, was psychologically Art. 41. A marriage contracted by any
incapacitated to comply with the person during subsistence of a previous
essential marital obligations of marriage shall be null and void, unless
marriage, shall likewise be void even if before the celebration of the
such incapacity becomes manifest only subsequent marriage, the prior spouse
after its solemnization. (As amended by had been absent for four consecutive
Executive Order 227) years and the spouse present has a
well-founded belief that the absent
Art. 37. Marriages between the following spouse was already dead. In case of
are incestuous and void from the disappearance where there is danger of
beginning, whether relationship death under the circumstances set forth
between the parties be legitimate or in the provisions of Article 391 of the
illegitimate: Civil Code, an absence of only two years
shall be sufficient.
(1) Between ascendants and
descendants of any degree; and For the purpose of contracting the
subsequent marriage under the
(2) Between brothers and sisters, preceding paragraph the spouse present
whether of the full or half blood. (81a) must institute a summary proceeding as
provided in this Code for the declaration
Art. 38. The following marriages shall be of presumptive death of the absentee,
void from the beginning for reasons of without prejudice to the effect of
public policy: reappearance of the absent spouse.
(83a)
(1) Between collateral blood relatives
whether legitimate or illegitimate, up to Art. 42. The subsequent marriage
the fourth civil degree; referred to in the preceding Article shall
be automatically terminated by the
(2) Between step-parents and step- recording of the affidavit of
children; reappearance of the absent spouse,
unless there is a judgment annulling the
(3) Between parents-in-law and children- previous marriage or declaring it void ab
in-law; initio.

(4) Between the adopting parent and A sworn statement of the fact and
the adopted child; circumstances of reappearance shall be
recorded in the civil registry of the
(5) Between the surviving spouse of the residence of the parties to the
adopting parent and the adopted child; subsequent marriage at the instance of
any interested person, with due notice
to the spouses of the subsequent (2) That either party was of unsound
marriage and without prejudice to the mind, unless such party after coming to
fact of reappearance being judicially reason, freely cohabited with the other
determined in case such fact is as husband and wife;
disputed. (n)
(3) That the consent of either party was
Art. 43. The termination of the obtained by fraud, unless such party
subsequent marriage referred to in the afterwards, with full knowledge of the
preceding Article shall produce the facts constituting the fraud, freely
following effects: cohabited with the other as husband
and wife;
(1) The children of the subsequent
marriage conceived prior to its (4) That the consent of either party was
termination shall be considered obtained by force, intimidation or undue
legitimate; influence, unless the same having
disappeared or ceased, such party
(2) The absolute community of property thereafter freely cohabited with the
or the conjugal partnership, as the case other as husband and wife;
may be, shall be dissolved and
liquidated, but if either spouse (5) That either party was physically
contracted said marriage in bad faith, incapable of consummating the
his or her share of the net profits of the marriage with the other, and such
community property or conjugal incapacity continues and appears to be
partnership property shall be forfeited in incurable; or
favor of the common children or, if there
are none, the children of the guilty (6) That either party was afflicted with a
spouse by a previous marriage or in sexually-transmissible disease found to
default of children, the innocent spouse; be serious and appears to be incurable.
(85a)
(3) Donations by reason of marriage
shall remain valid, except that if the Art. 46. Any of the following
done contracted the marriage in bad circumstances shall constitute fraud
faith, such donations made to said done referred to in Number 3 of the preceding
are revoked by operation of law; Article:

(4) The innocent spouse may revoke the (1) Non-disclosure of a previous
designation of the other spouse who conviction by final judgment of the other
acted in bad faith as beneficiary in any party of a crime involving moral
insurance policy, even if such turpitude;
designation be stipulated as irrevocable;
and (2) Concealment by the wife of the fact
that at the time of the marriage, she
(5) The spouse who contracted the was pregnant by a man other than her
subsequent marriage in bad faith shall husband;
be disqualified to inherit from the
innocent spouse by testate and (3) Concealment of sexually
intestate succession. (n) transmissible disease, regardless of its
nature, existing at the time of the
Art. 44. If both spouses of the marriage; or
subsequent marriage acted in bad faith,
said marriage shall be void ab initio and (4) Concealment of drug addiction,
all donations by reason of marriage and habitual alcoholism or homosexuality or
testamentary dispositions made by one lesbianism existing at the time of the
in favor of the other are revoked by marriage.
operation of law. (n)
No other misrepresentation or deceit as
Art. 45. A marriage may be annulled for to character, health, rank, fortune or
any of the following causes, existing at chastity shall constitute such fraud as
the time of the marriage: will give grounds for action for the
annulment of marriage. (86a)
(1) That the party in whose behalf it is
sought to have the marriage annulled Art. 47. The action for annulment of
was eighteen years of age or over but marriage must be filed by the following
below twenty-one, and the marriage persons and within the periods indicated
was solemnized without the consent of herein:
the parents, guardian or person having
substitute parental authority over the (1) For causes mentioned in number 1 of
party, in that order, unless after Article 45 by the party whose parent or
attaining the age of twenty-one, such guardian did not give his or her consent,
party freely cohabited with the other within five years after attaining the age
and both lived together as husband and of twenty-one, or by the parent or
wife; guardian or person having legal charge
of the minor, at any time before such
party has reached the age of twenty- All creditors of the spouses as well as of
one; the absolute community or the conjugal
partnership shall be notified of the
(2) For causes mentioned in number 2 of proceedings for liquidation.
Article 45, by the same spouse, who had
no knowledge of the other’s insanity; or In the partition, the conjugal dwelling
by any relative or guardian or person and the lot on which it is situated, shall
having legal charge of the insane, at be adjudicated in accordance with the
any time before the death of either provisions of Articles 102 and 129.
party, or by the insane spouse during a
lucid interval or after regaining sanity; Art. 51. In said partition, the value of the
presumptive legitimes of all common
(3) For causes mentioned in number 3 of children, computed as of the date of the
Article 45, by the injured party, within final judgment of the trial court, shall be
five years after the discovery of the delivered in cash, property or sound
fraud; securities, unless the parties, by mutual
agreement judicially approved, had
(4) For causes mentioned in number 4 of already provided for such matters.
Article 45, by the injured party, within
five years from the time the force, The children or their guardian or the
intimidation or undue influence trustee of their property may ask for the
disappeared or ceased; enforcement of the judgment.

(5) For causes mentioned in number 5 The delivery of the presumptive

and 6 of Article 45, by the injured party, legitimes herein prescribed shall in no
within five years after the marriage. way prejudice the ultimate successional
(87a) rights of the children accruing upon the
death of either of both of the parents;
Art. 48. In all cases of annulment or but the value of the properties already
declaration of absolute nullity of received under the decree of annulment
marriage, the Court shall order the or absolute nullity shall be considered as
prosecuting attorney or fiscal assigned advances on their legitime. (n)
to it to appear on behalf of the State to
take steps to prevent collusion between Art. 52. The judgment of annulment or
the parties and to take care that of absolute nullity of the marriage, the
evidence is not fabricated or partition and distribution of the
suppressed. properties of the spouses and the
delivery of the children’s presumptive
In the cases referred to in the preceding legitimes shall be recorded in the
paragraph, no judgment shall be based appropriate civil registry and registries
upon a stipulation of facts or confession of property; otherwise, the same shall
of judgment. (88a) not affect third persons. (n)

Art. 49. During the pendency of the Art. 53. Either of the former spouses
action and in the absence of adequate may marry again after compliance with
provisions in a written agreement the requirements of the immediately
between the spouses, the Court shall preceding Article; otherwise, the
provide for the support of the spouses subsequent marriage shall be null and
and the custody and support of their void.
common children. The Court shall give
paramount consideration to the moral Art. 54. Children conceived or born
and material welfare of said children before the judgment of annulment or
and their choice of the parent with absolute nullity of the marriage under
whom they wish to remain as provided Article 36 has become final and
to in Title IX. It shall also provide for executory shall be considered
appropriate visitation rights of the other legitimate. Children conceived or born of
parent. (n) the subsequent marriage under Article
53 shall likewise be legitimate.
Art. 50. The effects provided for by
paragraphs (2), (3), (4) and (5) of Article
43 and by Article 44 shall also apply in
the proper cases to marriages which are
declared ab initio or annulled by final
judgment under Articles 40 and 45.

The final judgment in such cases shall

provide for the liquidation, partition and
distribution of the properties of the
spouses, the custody and support of the
common children, and the delivery of
third presumptive legitimes, unless such
matters had been adjudicated in
previous judicial proceedings.
 (6) Lesbianism or homosexuality
of the respondent;

(7) Contracting by the respondent

of a subsequent bigamous
marriage, whether in the
Philippines or abroad;

(8) Sexual infidelity or perversion;

(9) Attempt by the respondent

against the life of the petitioner;
or

(10) Abandonment of petitioner

by respondent without justifiable
cause for more than one year.

For purposes of this Article, the

term “child” shall include a child
by nature or by adoption. (9a)

Art. 56. The petition for legal

separation shall be denied on any
of the following grounds:

(1) Where the aggrieved party

has condoned the offense or act
complained of;
TITLE II
(2) Where the aggrieved party
LEGAL SEPARATION has consented to the commission
Art. 55. A petition for legal of the offense or act complained
separation may be filed on any of of;
the following grounds:
(3) Where there is connivance
(1) Repeated physical violence or between the parties in the
grossly abusive conduct directed commission of the offense or act
against the petitioner, a common constituting the ground for legal
child, or a child of the petitioner; separation;

(2) Physical violence or moral (4) Where both parties have

pressure to compel the petitioner given ground for legal separation;
to change religious or political
affiliation; (5) Where there is collusion
between the parties to obtain
(3) Attempt of respondent to decree of legal separation; or
corrupt or induce the petitioner, a
common child, or a child of the (6) Where the action is barred by
petitioner, to engage in prescription. (100a)
prostitution, or connivance in
such corruption or inducement; Art. 57. An action for legal
separation shall be filed within
(4) Final judgment sentencing the five years from the time of the
respondent to imprisonment of occurrence of the cause. (102)
more than six years, even if
pardoned; Art. 58. An action for legal
separation shall in no case be
(5) Drug addiction or habitual tried before six months shall have
alcoholism of the respondent; elapsed since the filing of the
petition. (103)
Art. 59. No legal separation may (3) The custody of the minor
be decreed unless the Court has children shall be awarded to the
taken steps toward the innocent spouse, subject to the
provisions of Article 213 of this
reconciliation of the spouses and
Code; and
is fully satisfied, despite such
efforts, that reconciliation is (4) The offending spouse shall be
highly improbable. (n) disqualified from inheriting from the
innocent spouse by intestate
Art. 60. No decree of legal succession. Moreover, provisions in
separation shall be based upon a favor of the offending spouse made
stipulation of facts or a in the will of the innocent spouse
confession of judgment. shall be revoked by operation of law.
(106a)
In any case, the Court shall order
Art. 64. After the finality of the
the prosecuting attorney or fiscal
decree of legal separation, the
assigned to it to take steps to innocent spouse may revoke the
prevent collusion between the donations made by him or by her in
parties and to take care that the favor of the offending spouse, as
evidence is not fabricated or well as the designation of the latter
suppressed. (101a) as beneficiary in any insurance
policy, even if such designation be
Art. 61. After the filing of the stipulated as irrevocable. The
petition for legal separation, the revocation of the donations shall be
spouses shall be entitled to live recorded in the registries of property
separately from each other. in the places where the properties
are located. Alienations, liens and
encumbrances registered in good
The court, in the absence of a faith before the recording of the
written agreement between the complaint for revocation in the
spouses, shall designate either of registries of property shall be
them or a third person to respected. The revocation of or
administer the absolute change in the designation of the
community or conjugal insurance beneficiary shall take
partnership property. The effect upon written notification
administrator appointed by the thereof to the insured.
court shall have the same powers
and duties as those of a guardian The action to revoke the donation
under the Rules of Court. (104a) under this Article must be brought
within five years from the time the
Art. 62. During the pendency of the decree of legal separation become
action for legal separation, the final. (107a)
provisions of Article 49 shall likewise
apply to the support of the spouses Art. 65. If the spouses should
and the custody and support of the reconcile, a corresponding joint
common children. (105a) manifestation under oath duly
signed by them shall be filed with
Art. 63. The decree of legal the court in the same proceeding for
separation shall have the following legal separation. (n)
effects:
Art. 66. The reconciliation referred to
(1) The spouses shall be entitled to in the preceding Articles shall have
live separately from each other, but the following consequences:
the marriage bonds shall not be
severed; (1) The legal separation
proceedings, if still pending, shall
(2) The absolute community or the thereby be terminated at whatever
conjugal partnership shall be stage; and
dissolved and liquidated but the
offending spouse shall have no right (2) The final decree of legal
to any share of the net profits separation shall be set aside, but the
earned by the absolute community separation of property and any
or the conjugal partnership, which forfeiture of the share of the guilty
shall be forfeited in accordance with spouse already effected shall
the provisions of Article 43(2);
subsist, unless the spouses agree to The court may exempt one spouse
revive their former property regime. from living with the other if the latter
should live abroad or there are other
The court’s order containing the valid and compelling reasons for the
foregoing shall be recorded in the exemption. However, such exemption
proper civil registries. (108a) shall not apply if the same is not
compatible with the solidarity of the
Art. 67. The agreement to revive the family. (110a)
former property regime referred to
Art. 70. The spouses are jointly
in the preceding Article shall be
responsible for the support of the
executed under oath and shall
family. The expenses for such support
specify:
and other conjugal obligations shall be
paid from the community property
(1) The properties to be contributed and, in the absence thereof, from the
anew to the restored regime; income or fruits of their separate
properties. In case of insufficiency or
(2) Those to be retained as absence of said income or fruits, such
separated properties of each obligations shall be satisfied from the
spouse; and separate properties. (111a)

(3) The names of all their known Art. 71. The management of the
creditors, their addresses and the household shall be the right and the
amounts owing to each. duty of both spouses. The expenses
for such management shall be paid in
The agreement of revival and the accordance with the provisions of
motion for its approval shall be filed Article 70. (115a)
with the court in the same proceeding
for legal separation, with copies of Art. 72. When one of the spouses
both furnished to the creditors named neglects his or her duties to the
therein. After due hearing, the court conjugal union or commits acts which
shall, in its order, take measure to tend to bring danger, dishonor or
protect the interest of creditors and injury to the other or to the family, the
such order shall be recorded in the aggrieved party may apply to the
proper registries of properties. court for relief. (116a)

The recording of the ordering in the Art. 73. Either spouse may exercise
registries of property shall not any legitimate profession, occupation,
prejudice any creditor not listed or not business or activity without the
notified, unless the debtor-spouse has consent of the other. The latter may
sufficient separate properties to object only on valid, serious, and
satisfy the creditor’s claim. (195a, moral grounds.
108a)
In case of disagreement, the court
shall decide whether or not:

(1) The objection is proper; and

(2) Benefit has occurred to the family

prior to the objection or thereafter. If
the benefit accrued prior to the
objection, the resulting obligation shall
be enforced against the separate
property of the spouse who has not
obtained consent.
TITLE III
The foregoing provisions shall not
prejudice the rights of creditors who
RIGHTS AND OBLIGATIONS
acted in good faith. (117a)
BETWEEN HUSBAND AND WIFE
Art. 68. The husband and wife are
obliged to live together, observe
mutual love, respect and fidelity, and
render mutual help and support.
(109a)

Art. 69. The husband and wife shall fix

the family domicile. In case of
disagreement, the court shall decide.
 (3) By the local custom. (118)

Art. 75. The future spouses may, in

the marriage settlements, agree upon
the regime of absolute community,
conjugal partnership of gains,
complete separation of property, or
any other regime. In the absence of a
marriage settlement, or when the
regime agreed upon is void, the
system of absolute community of
property as established in this Code
shall govern. (119a)

Art. 76. In order that any modification

in the marriage settlements may be
valid, it must be made before the
celebration of the marriage, subject to
the provisions of Articles 66, 67, 128,
135 and 136. (121)

Art. 77. The marriage settlements and

any modification thereof shall be in
writing, signed by the parties and
executed before the celebration of the
marriage. They shall not prejudice
third persons unless they are
registered in the local civil registry
where the marriage contract is
recorded as well as in the proper
registries of properties. (122a)

Art. 78. A minor who according to law

may contract marriage may also
execute his or her marriage
settlements, but they shall be valid
only if the persons designated in
Article 14 to give consent to the
marriage are made parties to the
agreement, subject to the provisions
of Title IX of this Code. (120a)

Art. 79. For the validity of any

marriage settlement executed by a
person upon whom a sentence of civil
interdiction has been pronounced or
who is subject to any other disability,
it shall be indispensable for the
guardian appointed by a competent
court to be made a party thereto.
(123a)

Art. 80. In the absence of a contrary

stipulation in a marriage settlement,
the property relations of the spouses
shall be governed by Philippine laws,
TITLE IV regardless of the place of the
celebration of the marriage and their
PROPERTY RELATIONS BETWEEN residence.
HUSBAND AND WIFE
Chapter 1. General Provisions This rule shall not apply:
Art. 74. The property relationship
between husband and wife shall be (1) Where both spouses are aliens;
governed in the following order:
(2) With respect to the extrinsic
(1) By marriage settlements executed validity of contracts affecting property
before the marriage; not situated in the Philippines and
executed in the country where the
(2) By the provisions of this Code; and property is located; and
 THEREFOR AND FOR OTHER
(3) With respect to the extrinsic PURPOSES
validity of contracts entered into in
the Philippines but affecting property Be it enacted by the Senate and
situated in a foreign country whose House of Representatives of the
laws require different formalities for Philippines in Congress assembled:
its extrinsic validity. (124a)
CHAPTER I
Art. 81. Everything stipulated in the PRELIMINARY PROVISIONS
settlements or contracts referred to in
the preceding articles in consideration
Section 1. Title. — This Act shall be
of a future marriage, including
known as the "Cybercrime
donations between the prospective
spouses made therein, shall be Prevention Act of 2012″.
rendered void if the marriage does not
take place. However, stipulations that Section 2. Declaration of Policy. —
do not depend upon the celebration of The State recognizes the vital role of
the marriages shall be valid. (125a) information and communications
industries such as content
production, telecommunications,
broadcasting electronic commerce,
and data processing, in the nation’s
overall social and economic
development. The State also
recognizes the importance of
providing an environment conducive
to the development, acceleration,
and rational application and
exploitation of information and
communications technology (ICT) to
attain free, easy, and intelligible
access to exchange and/or delivery
of information; and the need to
protect and safeguard the integrity
of computer, computer and
communications systems, networks,
and databases, and the
confidentiality, integrity, and
availability of information and data
stored therein, from all forms of
misuse, abuse, and illegal access by
making punishable under the law
such conduct or conducts. In this
light, the State shall adopt sufficient
powers to effectively prevent and
combat such offenses by facilitating
their detection, investigation, and
prosecution at both the domestic
and international levels, and by
providing arrangements for fast and
reliable international cooperation.

Section 3. Definition of Terms. — For

purposes of this Act, the following
terms are hereby defined as follows:

(a) Access refers to the instruction,

communication with, storing data in,
retrieving data from, or otherwise
making use of any resources of a
REPUBLIC ACT NO. 10175 computer system or communication
network.
AN ACT DEFINING CYBERCRIME,
PROVIDING FOR THE (b) Alteration refers to the
PREVENTION, INVESTIGATION, modification or change, in form or
SUPPRESSION AND THE substance, of an existing computer
IMPOSITION OF PENALTIES data or program.
(c) Communication refers to the medium in which online
transmission of information through communication takes place.
ICT media, including voice, video
and other forms of data. (j) Critical infrastructure refers to the
computer systems, and/or networks,
(d) Computer refers to an electronic, whether physical or virtual, and/or
magnetic, optical, electrochemical, the computer programs, computer
or other data processing or data and/or traffic data so vital to
communications device, or grouping this country that the incapacity or
of such devices, capable of destruction of or interference with
performing logical, arithmetic, such system and assets would have
routing, or storage functions and a debilitating impact on security,
which includes any storage facility or national or economic security,
equipment or communications national public health and safety, or
facility or equipment directly related any combination of those matters.
to or operating in conjunction with
such device. It covers any type of (k) Cybersecurity refers to the
computer device including devices collection of tools, policies, risk
with data processing capabilities like management approaches, actions,
mobile phones, smart phones, training, best practices, assurance
computer networks and other and technologies that can be used to
devices connected to the internet. protect the cyber environment and
organization and user’s assets.
(e) Computer data refers to any
representation of facts, information, (l) Database refers to a
or concepts in a form suitable for representation of information,
processing in a computer system knowledge, facts, concepts, or
including a program suitable to instructions which are being
cause a computer system to perform prepared, processed or stored or
a function and includes electronic have been prepared, processed or
documents and/or electronic data stored in a formalized manner and
messages whether stored in local which are intended for use in a
computer systems or online. computer system.

(f) Computer program refers to a set (m) Interception refers to listening

of instructions executed by the to, recording, monitoring or
computer to achieve intended surveillance of the content of
results. communications, including procuring
of the content of data, either
(g) Computer system refers to any directly, through access and use of a
device or group of interconnected or computer system or indirectly,
related devices, one or more of through the use of electronic
which, pursuant to a program, eavesdropping or tapping devices,
performs automated processing of at the same time that the
data. It covers any type of device communication is occurring.
with data processing capabilities
including, but not limited to, (n) Service provider refers to:
computers and mobile phones. The
device consisting of hardware and (1) Any public or private entity that
software may include input, output provides to users of its service the
and storage components which may ability to communicate by means of
stand alone or be connected in a a computer system; and
network or other similar devices. It
also includes computer data storage (2) Any other entity that processes
devices or media. or stores computer data on behalf of
such communication service or users
(h) Without right refers to either: (i) of such service.
conduct undertaken without or in
excess of authority; or (ii) conduct (o) Subscriber’s information refers to
not covered by established legal any information contained in the
defenses, excuses, court orders, form of computer data or any other
justifications, or relevant principles form that is held by a service
under the law. provider, relating to subscribers of
its services other than traffic or
(i) Cyber refers to a computer or a content data and by which identity
computer network, the electronic can be established:
(1) The type of communication computer network by inputting,
service used, the technical transmitting, damaging, deleting,
provisions taken thereto and the deteriorating, altering or
period of service; suppressing computer data or
program, electronic document, or
(2) The subscriber’s identity, postal electronic data message, without
or geographic address, telephone right or authority, including the
and other access numbers, any introduction or transmission of
assigned network address, billing viruses.
and payment information, available
on the basis of the service (5) Misuse of Devices.
agreement or arrangement; and
(i) The use, production, sale,
(3) Any other available information procurement, importation,
on the site of the installation of distribution, or otherwise making
communication equipment, available available, without right, of:
on the basis of the service
agreement or arrangement. (aa) A device, including a computer
program, designed or adapted
(p) Traffic data or non-content data primarily for the purpose of
refers to any computer data other committing any of the offenses
than the content of the under this Act; or
communication including, but not
limited to, the communication’s (bb) A computer password, access
origin, destination, route, time, date, code, or similar data by which the
size, duration, or type of underlying whole or any part of a computer
service. system is capable of being accessed
with intent that it be used for the
CHAPTER II purpose of committing any of the
PUNISHABLE ACTS offenses under this Act.

Section 4. Cybercrime Offenses. — (ii) The possession of an item

The following acts constitute the referred to in paragraphs 5(i)(aa) or
offense of cybercrime punishable (bb) above with intent to use said
under this Act: devices for the purpose of
committing any of the offenses
(a) Offenses against the under this section.
confidentiality, integrity and
availability of computer data and (6) Cyber-squatting. – The
systems: acquisition of a domain name over
the internet in bad faith to profit,
(1) Illegal Access. – The access to mislead, destroy reputation, and
the whole or any part of a computer deprive others from registering the
system without right. same, if such a domain name is:

(2) Illegal Interception. – The (i) Similar, identical, or confusingly

interception made by technical similar to an existing trademark
means without right of any non- registered with the appropriate
public transmission of computer government agency at the time of
data to, from, or within a computer the domain name registration:
system including electromagnetic
emissions from a computer system (ii) Identical or in any way similar
carrying such computer data. with the name of a person other
than the registrant, in case of a
(3) Data Interference. — The personal name; and
intentional or reckless alteration,
damaging, deletion or deterioration (iii) Acquired without right or with
of computer data, electronic intellectual property interests in it.
document, or electronic data
message, without right, including (b) Computer-related Offenses:
the introduction or transmission of
viruses. (1) Computer-related Forgery. —

(4) System Interference. — The (i) The input, alteration, or deletion

intentional alteration or reckless of any computer data without right
hindering or interference with the resulting in inauthentic data with the
functioning of a computer or intent that it be considered or acted
upon for legal purposes as if it were (i) There is prior affirmative consent
authentic, regardless whether or not from the recipient; or
the data is directly readable and
intelligible; or (ii) The primary intent of the
communication is for service and/or
(ii) The act of knowingly using administrative announcements from
computer data which is the product the sender to its existing users,
of computer-related forgery as subscribers or customers; or
defined herein, for the purpose of
perpetuating a fraudulent or (iii) The following conditions are
dishonest design. present:

(2) Computer-related Fraud. — The (aa) The commercial electronic

unauthorized input, alteration, or communication contains a simple,
deletion of computer data or valid, and reliable way for the
program or interference in the recipient to reject. receipt of further
functioning of a computer system, commercial electronic messages
causing damage thereby with (opt-out) from the same source;
fraudulent intent: Provided, That if
no (bb) The commercial electronic
communication does not purposely
damage has yet been caused, the disguise the source of the electronic
penalty imposable shall be one (1) message; and
degree lower.
(cc) The commercial electronic
(3) Computer-related Identity Theft. communication does not purposely
– The intentional acquisition, use, include misleading information in
misuse, transfer, possession, any part of the message in order to
alteration or deletion of identifying induce the recipients to read the
information belonging to another, message.
whether natural or juridical, without
right: Provided, That if no damage (4) Libel. — The unlawful or
has yet been caused, the penalty prohibited acts of libel as defined in
imposable shall be one (1) degree Article 355 of the Revised Penal
lower. Code, as amended, committed
through a computer system or any
(c) Content-related Offenses: other similar means which may be
devised in the future.
(1) Cybersex. — The willful
engagement, maintenance, control, Section 5. Other Offenses. — The
or operation, directly or indirectly, of following acts shall also constitute
any lascivious exhibition of sexual an offense:
organs or sexual activity, with the
aid of a computer system, for favor (a) Aiding or Abetting in the
or consideration. Commission of Cybercrime. – Any
person who willfully abets or aids in
(2) Child Pornography. — The the commission of any of the
unlawful or prohibited acts defined offenses enumerated in this Act shall
and punishable by Republic Act No. be held liable.
9775 or the Anti-Child Pornography
Act of 2009, committed through a (b) Attempt in the Commission of
computer system: Provided, That the Cybercrime. — Any person who
penalty to be imposed shall be (1) willfully attempts to commit any of
one degree higher than that the offenses enumerated in this Act
provided for in Republic Act No. shall be held liable.
9775.1âwphi1
Section 6. All crimes defined and
(3) Unsolicited Commercial penalized by the Revised Penal
Communications. — The Code, as amended, and special laws,
transmission of commercial if committed by, through and with
electronic communication with the the use of information and
use of computer system which seek communications technologies shall
to advertise, sell, or offer for sale be covered by the relevant
products and services are prohibited provisions of this Act: Provided, That
unless: the penalty to be imposed shall be
one (1) degree higher than that
provided for by the Revised Penal
Code, as amended, and special laws, with imprisonment of arresto mayor
as the case may be. or a fine of at least Fifty thousand
pesos (PhP50,000.00) but not
Section 7. Liability under Other exceeding Two hundred fifty
Laws. — A prosecution under this thousand pesos (PhP250,000.00) or
Act shall be without prejudice to any both.
liability for violation of any provision
of the Revised Penal Code, as Any person found guilty of any of the
amended, or special laws. punishable acts enumerated in
Section 5 shall be punished with
CHAPTER III imprisonment one (1) degree lower
PENALTIES than that of the prescribed penalty
for the offense or a fine of at least
Section 8. Penalties. — Any person One hundred thousand pesos
found guilty of any of the punishable (PhPl00,000.00) but not exceeding
acts enumerated in Sections 4(a) Five hundred thousand pesos
and 4(b) of this Act shall be (PhP500,000.00) or both.
punished with imprisonment of
prision mayor or a fine of at least Section 9. Corporate Liability. —
Two hundred thousand pesos When any of the punishable acts
(PhP200,000.00) up to a maximum herein defined are knowingly
amount commensurate to the committed on behalf of or for the
damage incurred or both. benefit of a juridical person, by a
natural person acting either
Any person found guilty of the individually or as part of an organ of
punishable act under Section 4(a)(5) the juridical person, who has a
shall be punished with imprisonment leading position within, based on: (a)
of prision mayor or a fine of not a power of representation of the
more than Five hundred thousand juridical person provided the act
pesos (PhP500,000.00) or both. committed falls within the scope of
such authority; (b) an authority to
If punishable acts in Section 4(a) are take decisions on behalf of the
committed against critical juridical person: Provided, That the
infrastructure, the penalty of act committed falls within the scope
reclusion temporal or a fine of at of such authority; or (c) an authority
least Five hundred thousand pesos to exercise control within the
(PhP500,000.00) up to maximum juridical person, the juridical person
amount commensurate to the shall be held liable for a fine
damage incurred or both, shall be equivalent to at least double the
imposed. fines imposable in Section 7 up to a
maximum of Ten million pesos
Any person found guilty of any of the (PhP10,000,000.00).
punishable acts enumerated in
Section 4(c)(1) of this Act shall be If the commission of any of the
punished with imprisonment of punishable acts herein defined was
prision mayor or a fine of at least made possible due to the lack of
Two hundred thousand pesos supervision or control by a natural
(PhP200,000.00) but not exceeding person referred to and described in
One million pesos (PhPl,000,000.00) the preceding paragraph, for the
or both. benefit of that juridical person by a
natural person acting under its
Any person found guilty of any of the authority, the juridical person shall
punishable acts enumerated in be held liable for a fine equivalent to
Section 4(c)(2) of this Act shall be at least double the fines imposable
punished with the penalties as in Section 7 up to a maximum of
enumerated in Republic Act No. Five million pesos
9775 or the "Anti-Child Pornography (PhP5,000,000.00).
Act of 2009″: Provided, That the
penalty to be imposed shall be one The liability imposed on the juridical
(1) degree higher than that provided person shall be without prejudice to
for in Republic Act No. 9775, if the criminal liability of the natural
committed through a computer person who has committed the
system. offense.

Any person found guilty of any of the CHAPTER IV

punishable acts enumerated in ENFORCEMENT AND
Section 4(c)(3) shall be punished IMPLEMENTATION
 hereinabove has been committed, or
Section 10. Law Enforcement is being committed, or is about to be
Authorities. — The National Bureau committed: (2) that there are
of Investigation (NBI) and the reasonable grounds to believe that
Philippine National Police (PNP) shall evidence that will be obtained is
be responsible for the efficient and essential to the conviction of any
effective law enforcement of the person for, or to the solution of, or to
provisions of this Act. The NBI and the prevention of, any such crimes;
the PNP shall organize a cybercrime and (3) that there are no other
unit or center manned by special means readily available for obtaining
investigators to exclusively handle such evidence.
cases involving violations of this Act.
Section 13. Preservation of
Section 11. Duties of Law Computer Data. — The integrity of
Enforcement Authorities. — To traffic data and subscriber
ensure that the technical nature of information relating to
cybercrime and its prevention is communication services provided by
given focus and considering the a service provider shall be preserved
procedures involved for international for a minimum period of six (6)
cooperation, law enforcement months from the date of the
authorities specifically the computer transaction. Content data shall be
or technology crime divisions or similarly preserved for six (6)
units responsible for the months from the date of receipt of
investigation of cybercrimes are the order from law enforcement
required to submit timely and authorities requiring its
regular reports including pre- preservation.
operation, post-operation and
investigation results and such other Law enforcement authorities may
documents as may be required to order a one-time extension for
the Department of Justice (DOJ) for another six (6) months: Provided,
review and monitoring. That once computer data preserved,
transmitted or stored by a service
Section 12. Real-Time Collection of provider is used as evidence in a
Traffic Data. — Law enforcement case, the mere furnishing to such
authorities, with due cause, shall be service provider of the transmittal
authorized to collect or record by document to the Office of the
technical or electronic means traffic Prosecutor shall be deemed a
data in real-time associated with notification to preserve the
specified communications computer data until the termination
transmitted by means of a computer of the case.
system.
The service provider ordered to
Traffic data refer only to the preserve computer data shall keep
communication’s origin, destination, confidential the order and its
route, time, date, size, duration, or compliance.
type of underlying service, but not
content, nor identities. Section 14. Disclosure of Computer
Data. — Law enforcement
All other data to be collected or authorities, upon securing a court
seized or disclosed will require a warrant, shall issue an order
court warrant. requiring any person or service
provider to disclose or submit
Service providers are required to subscriber’s information, traffic data
cooperate and assist law or relevant data in his/its possession
enforcement authorities in the or control within seventy-two (72)
collection or recording of the above- hours from receipt of the order in
stated information. relation to a valid complaint officially
docketed and assigned for
The court warrant required under investigation and the disclosure is
this section shall only be issued or necessary and relevant for the
granted upon written application purpose of investigation.
and the examination under oath or
affirmation of the applicant and the Section 15. Search, Seizure and
witnesses he may produce and the Examination of Computer Data. —
showing: (1) that there are Where a search and seizure warrant
reasonable grounds to believe that is properly issued, the law
any of the crimes enumerated enforcement authorities shall
likewise have the following powers package so deposited shall not be
and duties. opened, or the recordings replayed,
or used in evidence, or then
Within the time period specified in contents revealed, except upon
the warrant, to conduct interception, order of the court, which shall not be
as defined in this Act, and: granted except upon motion, with
due notice and opportunity to be
(a) To secure a computer system or heard to the person or persons
a computer data storage medium; whose conversation or
communications have been
(b) To make and retain a copy of recorded.
those computer data secured;
Section 17. Destruction of Computer
(c) To maintain the integrity of the Data. — Upon expiration of the
relevant stored computer data; periods as provided in Sections 13
and 15, service providers and law
(d) To conduct forensic analysis or enforcement authorities, as the case
examination of the computer data may be, shall immediately and
storage medium; and completely destroy the computer
data subject of a preservation and
(e) To render inaccessible or remove examination.
those computer data in the accessed
computer or computer and Section 18. Exclusionary Rule. —
communications network. Any evidence procured without a
valid warrant or beyond the
Pursuant thereof, the law authority of the same shall be
enforcement authorities may order inadmissible for any proceeding
any person who has knowledge before any court or tribunal.
about the functioning of the
computer system and the measures Section 19. Restricting or Blocking
to protect and preserve the Access to Computer Data. — When a
computer data therein to provide, as computer data is prima facie found
is reasonable, the necessary to be in violation of the provisions of
information, to enable the this Act, the DOJ shall issue an order
undertaking of the search, seizure to restrict or block access to such
and examination. computer data.

Law enforcement authorities may Section 20. Noncompliance. —

request for an extension of time to Failure to comply with the provisions
complete the examination of the of Chapter IV hereof specifically the
computer data storage medium and orders from law enforcement
to make a return thereon but in no authorities shall be punished as a
case for a period longer than thirty violation of Presidential Decree No.
(30) days from date of approval by 1829 with imprisonment of prision
the court. correctional in its maximum period
or a fine of One hundred thousand
Section 16. Custody of Computer pesos (Php100,000.00) or both, for
Data. — All computer data, including each and every noncompliance with
content and traffic data, examined an order issued by law enforcement
under a proper warrant shall, within authorities.
forty-eight (48) hours after the
expiration of the period fixed CHAPTER V
therein, be deposited with the court JURISDICTION
in a sealed package, and shall be
accompanied by an affidavit of the Section 21. Jurisdiction. — The
law enforcement authority executing Regional Trial Court shall have
it stating the dates and times jurisdiction over any violation of the
covered by the examination, and the provisions of this Act. including any
law enforcement authority who may violation committed by a Filipino
access the deposit, among other national regardless of the place of
relevant data. The law enforcement commission. Jurisdiction shall lie if
authority shall also certify that no any of the elements was committed
duplicates or copies of the whole or within the Philippines or committed
any part thereof have been made, or with the use of any computer
if made, that all such duplicates or system wholly or partly situated in
copies are included in the package the country, or when by such
deposited with the court. The commission any damage is caused
to a natural or juridical person who, secretariat of selected existing
at the time the offense was personnel and representatives from
committed, was in the Philippines. the different participating
agencies.1âwphi1
There shall be designated special
cybercrime courts manned by Section 26. Powers and Functions. —
specially trained judges to handle The CICC shall have the following
cybercrime cases. powers and functions:

CHAPTER VI (a) To formulate a national

INTERNATIONAL COOPERATION cybersecurity plan and extend
immediate assistance for the
Section 22. General Principles suppression of real-time commission
Relating to International of cybercrime offenses through a
Cooperation. — All relevant computer emergency response team
international instruments on (CERT);
international cooperation in criminal
matters, arrangements agreed on (b) To coordinate the preparation of
the basis of uniform or reciprocal appropriate and effective measures
legislation, and domestic laws, to to prevent and suppress cybercrime
the widest extent possible for the activities as provided for in this Act;
purposes of investigations or
proceedings concerning criminal (c) To monitor cybercrime cases
offenses related to computer being bandied by participating law
systems and data, or for the enforcement and prosecution
collection of evidence in electronic agencies;
form of a criminal, offense shall be
given full force and effect. (d) To facilitate international
cooperation on intelligence,
CHAPTER VII investigations, training and capacity
COMPETENT AUTHORITIES building related to cybercrime
prevention, suppression and
Section 23. Department of Justice prosecution;
(DOJ). — There is hereby created an
Office of Cybercrime within the DOJ (e) To coordinate the support and
designated as the central authority participation of the business sector,
in all matters related to international local government units and
mutual assistance and extradition. nongovernment organizations in
cybercrime prevention programs
Section 24. Cybercrime Investigation and other related projects;
and Coordinating Center. — There is
hereby created, within thirty (30) (f) To recommend the enactment of
days from the effectivity of this Act, appropriate laws, issuances,
an inter-agency body to be known as measures and policies;
the Cybercrime Investigation and
Coordinating Center (CICC), under (g) To call upon any government
the administrative supervision of the agency to render assistance in the
Office of the President, for policy accomplishment of the CICC’s
coordination among concerned mandated tasks and functions; and
agencies and for the formulation and
enforcement of the national (h) To perform all other matters
cybersecurity plan. related to cybercrime prevention
and suppression, including capacity
Section 25. Composition. — The building and such other functions
CICC shall be headed by the and duties as may be necessary for
Executive Director of the Information the proper implementation of this
and Communications Technology Act.
Office under the Department of
Science and Technology (ICTO- CHAPTER VIII
DOST) as Chairperson with the FINAL PROVISIONS
Director of the NBI as Vice
Chairperson; the Chief of the PNP; Section 27. Appropriations. — The
Head of the DOJ Office of amount of Fifty million pesos
Cybercrime; and one (1) (PhP50,000,000_00) shall be
representative from the private appropriated annually for the
sector and academe, as members. implementation of this Act.
The CICC shall be manned by a
Section 28. Implementing Rules and
Regulations. — The ICTO-DOST, the
DOJ and the Department of the
Interior and Local Government
(DILG) shall jointly formulate the
necessary rules and regulations
within ninety (90) days from
approval of this Act, for its effective
implementation.

Section 29. Separability Clause — If

any provision of this Act is held
invalid, the other provisions not
affected shall remain in full force
and effect.

Section 30. Repealing Clause. — All

laws, decrees or rules inconsistent
with this Act are hereby repealed or
modified accordingly. Section 33(a)
of Republic Act No. 8792 or the
"Electronic Commerce Act" is hereby
modified accordingly.

Section 31. Effectivity. — This Act

shall take effect fifteen (15) days
after the completion of its
publication in the Official Gazette or
in at least two (2) newspapers of
general circulation.

Approved,