INTRODUCTION TO CYBERCRIME  In 1989, criminals brought the first “Ransomware attack”, which was first

targeted the healthcare industries. Ransomware is a type of software that

locks the user’s files and data with a cryptographic key, and to unlock the
AND ENVIRONMENTAL LAWS data users have to pay some ransom in the exchange for unlocking the
cryptographic key;
AND PROTECTION  The AIDS Trojan, also known as the PC Cyborg virus, was the first ever
ransomware virus documented;
INTRODUCTION  Created by a biologist Joseph Popp who handed out 20,000 infected disks
COMPUTER CRIME to attendees of the World Health Organization’s AIDS conference. The disks
were labeled “AIDS Information - Introductory Diskettes”;
 Also known as Cybercrime.  The program would count the number of times the computer was booted
 any crime accomplished through special knowledge of computer and once it reached 90 it would hide the directories and encrypt or lock the
technology. names of the files on the C drive. To regain access, the users would have
 any crime where a computer is used as a tool or as a target or incidental to to send $189 to PC Cyborg Corporation at a PO box in Panama;
the commission of a crime.  Because of this, Joseph Popp was known as the “Father of Ransomware”.
 In the 1990s, the web browser and email were in trend and new tools for
BRIEF HISTORY OF CYBERCRIME: criminals to exploit. Web browser and email allowed the criminals to
 In 1970, criminals broke the telephone network by taking advantage of tone expand their reach. As a result, the criminals started transmitting viruses
frequencies used on telephone networks to make free calls over a long over the Internet, with destructive results. The cyber criminals were able
distance. This attack was called “Phreaking”, in which the attackers to reach people’s personal information from a distance with the help of
reverse-engineered the telephone tone frequencies used by telephone phishing attacks. This attack was able to trick millions of people
companies; simultaneously. Generally, this attack was used to make a lot of money;
 In 2000, Social media brought the rise of identity theft. Due to this many
databases were created by companies that exist with millions of users’
 In 1971, a program written by Bob Thomas designed to copy itself between personal identities and these databases become a means for criminals to
computers was released in order to demonstrate the possibility of a self- commit crimes. This attack was the new piggy bank for criminals across
replicating computer program that could spread to other computers. This the world. This attack commits all types of fraud such as the creation of
was known as the “Creeper”, the first ever computer virus (worm) made. social media accounts, opening bank accounts and credit cards with other
 Although, the program was not an active malicious software as it caused names;
no damage to data, the only effect being a message it output to the  In 2004, a computer worm called “MyDoom” was discovered. It became
teletype reading "I'M THE CREEPER. CATCH ME IF YOU CAN!"; the fastest-spreading e-mail worm ever, exceeding previous records set by
 In 1972, Ray Tomlinson created the “Reaper” as the first anti-virus other viruses including the infamous ILOVEYOU virus, a record which as
software, designed to delete Creeper. of 2023 has yet to be surpassed.
 In 1980, Robert Morris made a worm that caused huge destruction to the ○ It was estimated that the virus has caused more or less $50 billion
organizations through the Internet. Thereafter, this worm was named in damages.
“Morris worm”. The U.S Government estimated that the damage cost as
high as $10,000,000;
CYBER CRIME IN THE PHILIPPINES:

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as but not limited to photocopying, recording, storage in any informational
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 THE LOVE BUG Hacking
 By far the most popular incidence of cyber crime in the Philippines is the  is the act of illegally accessing the computer system/network of an
“ILOVEYOU Virus“ or the LOVE BUG; individual, group or business enterprise without the consent or approval of
 The suspect in the case, Onel De Guzman, a 23-year old student from a the owner of the system.
popular computer university in the Philippines drafted the virus with the  the purpose of intrusion is for the challenge and status
vision of creating a program that is capable of stealing passwords in Cracking
computers, ultimately to have free access to the internet;  is a higher form of hacking in which the unauthorized access culminates
 The virus was received in e-mail inboxes in Hong Kong on 4 May, 2000, with the process of defeating the security system for the purpose of
with the subject “I LOVE YOU” and an attachment “LOVE-LETTER- FOR- acquiring money or information and/or availing of free services
YOU.TXT.vbs.”;  deliberate and malicious intrusion of a computer or network to cause
 It erases or blurs the graphics and data in the computer and gets the damage
contact addresses in the computer directory, and sends the same email to Malicious Sending of Emails
all contacts listed in that directory. Once received and opened on another  the sending of malicious and defamatory electronic mails for the purpose
computer, it replicates all that it did previously; of extorting money, or threatening prospective victims.
 The replication went on and on, sweeping all computers where the email Internet Pornography
was received and opened, from Hong Kong, to Europe, to the United  the trafficking, distribution, posting, and dissemination of obscene material
States, infecting and damaging computers and networks of small and big including children’s nude pictures, indecent exposure, and child sex
companies, private and government institutions; slavery posted into the internet, live streaming videos aired through the
 However, when De Guzman was arrested, he only made a public apology internet
and the incident was dismissed as there was no law penalizing the act at computer virus
that time;  is a computer program that can copy itself and infect a computer without
 The outbreak was later estimated to have caused US$5.5–8.7 billion in permission or knowledge of the user.
damages worldwide, and estimated to cost US$15 billion to remove the Worm
worm;  spread itself to other computers without needing to be transferred as part
of a host.
RA 8792 Trojan horse
 legislated because of the “I love you virus”  is a file that appears harmless until executed. Trojan horses do not insert
 This Act shall be known and cited as the "Electronic Commerce Act.“ their code into other computer files
 Approved June 14, 2000 Malware
 a term that blends malicious and software
 Back in November 2012, Philippine police and the US Federal Bureau of  it denotes software that is designed to infiltrate and or damage a computer
Investigation arrested four Filipino hackers who targeted customers of US without the owner’s knowledge and consent.
telecoms giant AT&T. It was reported that the suspects were paid by a Salami Slice (embezzlement)
militant group to divert money to it. The Saudi-based group was originally  an employee sets up a dummy account in the company’s computerized
led by Pakistani Muhammad Zamir of Jemaah Islamiah, a Southeast Asian records. And a small amount is subtracted from the customer's accounts
group linked to al-Qaeda; and added to the account of the thief (tingi-tingi)
Logic bomb
 a set of instructions secretly inserted into a program that is designed to
COMMON TYPES OF CYBER CRIMES ALREADY HANDLED BY AUTHORITIES: execute if a particular program is satisfied
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  the bomb lies dormant until a particular date is reached or command  series of numbers assigned by an Internet Service Provider to an internet
entered. user when it connects to the Internet.
 A logic bomb is a piece of code intentionally inserted into a software system  An IP address serves two principal functions: host or network interface
that will set off a malicious function when specified conditions are met. For identification and location addressing.
example, a programmer may hide a piece of code that starts deleting files Dynamic IP Address
(such as a salary database trigger), should they ever be terminated from the  a type of IP Address that changes every time the internet user accesses his
company. Internet Service Provider. It is usually assigned to dial-up or base speed
Identity theft broadband service subscribers (eg. ISP Bonanza, Surfmax, PLDT myDSL
 defined as the criminal act of assuming a person's name, address, social 128kbps service etc.)
security number, and date of birth in order to commit fraud. Static IP Address
Phishing  a type of IP Address that is constant regardless of the time or number of
 sending fraudulent e-mails or website pop-ups, to get victims to divulge attempts the internet user accesses the internet. It is usually assigned to
sensitive financial information such as credit card numbers or social High-Speed Internet Users or Corporate Accounts (eg. ADSL (Asymetric
security numbers. Digital Subscriber Line) connections, E1 Internet Connections, OC3
Distributed Denial of Service Attacks Internet Connections, T1 Internet Connections, Leased Line Internet
 DDoS attacks can be committed by employing multiple computers Connections)
controlled by a single master computer server to target a particular server Website
by bombarding it with thousands of packets of data in an attempt to  a portfolio of a person / organization / entity / company which is posted
overwhelm the server and cause it to crash. on the Internet for accessibility worldwide.
Website defacement 1. Technical Surveillance if applicable:
 is the unauthorized modification of a website.
Acquiring Credit Card Information from a Website that offers E-Services  Visit the Website concerned to determine whether it is still active and /or
 When you shop online, the most convenient way to pay for the items you to secure additional information through links and affiliations.
order is through your credit card. When you pay thru your credit card, you  Establish communication with the subject through Email.
need to disclose information such as your complete name, your postal  Download Resource materials.
address, zip code, state, phone number, credit card account number, its 2. Physical Surveillance
expiration date and its security code/pin.  Visit addresses provided by the ISP/Phone Company to determine the
Online Auction Fraud actual physical existence of the address.
 first, the fraudster should sign up for an account at an online auction site  Compare results with information provided
such as e-bay, yahoo auctions or U-Bid Note:
 the fraudster falsifies all information that he enters on the signup page. The  The address of the subscriber as given by the ISP or Phone Company should
only true information is his email address, for he will be contacted by be analyzed to determine whether it is a Billing Address or an Installation
interested bidders by means of email. Address.
 For purposes of a search warrant application, the Installation Address is
TECHNICAL COMPUTER TERMS: the more important matter to consider.
ISP Physical Surveillance
 stands for Internet Service Provider. It provides internet service to internet  the address as provided by the ISP/Phone Company confirms whether the
users. same is a Billing Address or an Installation Address. Apart from the above,
Internet Protocol (IP) Address
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system, or otherwise, without the prior written permission of the authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
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 all other indicators of the existence of a criminal activity in the area may product includes functionality to secure online transactions, ensure it is
be confirmed through physical surveillance. enabled before carrying out financial transactions online;
9. Keep an eye on your bank statements
● Keep an eye on your bank statementsand query any unfamiliar
How to protect yourself against Cybercrime: transactions with the bank. The bank can investigate whether they
1. Keep software and operating system updated are fraudulent;
 Keeping your software and operating system up to date ensures that you
benefit from the latest security patches to protect yor computer;
2. Use anti-virus software and keep it updated FIVE MOST COMMON TYPES OF CYBERCRIMES:
 Using anti-virus or a comprehensive internet security solution like
Kaspersky Total Security is a smart way to protect your system from 1. Phishing Scams
attacks. Anti-virus software allows you to scan, detect and remove threats  It is a type of social engineering attack often used to steal user data,
before they become a problem.Having this protection in place helps to including login credentials and credit card numbers. It occurs when an
protect your computer and your data from cybercrime, giving you peace attacker, masquerading as a trusted entity, dupes a victim into opening an
of mind; email, instant message, or text message. An attack can have devastating
3. Use strong passwords results.
 Be sure to use strong passwords that people will not guess and do not 2. Internet Fraud
record them anywhere or use a reputable password manager to generate  It is a type of cybercrime fraud or deception which makes use of the Internet
strong passwordsrandomly to make this easier; and could involve hiding of information or providing incorrect information
4. Never open attachments in spam emails for the purpose of tricking victims out of money, property, and
 A classic way that computers get infected by malware attacks and other inheritance.Internet fraud is not considered a single, distinctive crime but
forms of cybercimesis via email attachments in spam emails. Never open covers a range of illegal and illicit actions that are committed in cyberspace.
an attachment from a sender you do not know; It is, however, differentiated from theft since, in this case, the victim
5. Do not click on links in spam emails or untrusted websites voluntarily and knowingly provides the information, money or property to
 Another way people become victims of cybercrime is by clicking on links in the perpetrator. It is also distinguished by the way it involves temporally
spam emails or otehr messages, or unfamiliar websites. Avois doing this to and spatially separated offenders
stay online; 3. Intellectual Property Infringement
6. Do not give out personal information unless secure  It refers to any violation or breach of protected intellectual property rights.
 Never give out personal data over the phone or via email unless you are Your IP rights may have been infringed upon if your work that is protected
completely sure the line or email is secure. Make certain that you are by IP laws is copied or otherwise used or exploited without your permission.
speaking to the person you think you are; 4. Identity Theft
7. Companies directly about suspicious request  Happens when someone steals your personal information to commit fraud.
 If you get asked for data from a company who has called you, hang up. Call The identity thief may use your information to apply for credit, file taxes, or
them back using the number on their official website to ensure you are get medical services. These acts can damage your credit status, and cost
speaking to them and not a cybercriminal; you time and money to restore your good name.
8. Be mindful of which website URLs you visit 5. Cyberstalking
 Keep an eye on the URLs you are clicking on if they look legit. Avoid clicking  It is the use of the Internet or other electronic means to stalk or harass an
on links with unfamiliar or spammy looking URLs. If your internet security individual, group, or organization.It may include false accusations,
defamation, slander and libel. It may also include monitoring, identity
theft,
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system, or otherwise, without the prior written permission of the authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
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 threats, vandalism, solicitation for sex, doxing, or blackmail. Cyberstalking CYBERCRIME RESPONSE
is often accompanied by realtime or offline stalking.  Cybercrime Response is the actual police intervention in a cybercrime or
cyber-related incident where the acquisition of matters of evidentiary value
is traceable within the computer’s hardware, software and its network.
PHILIPPINE EFFORTS AGAINST CYBERCRIME OFFENSES
PNP Anti-Cybercrime Group (ACG) GUIDELINES IN RESPONDING TO CYBERCRIME AND CYBER-RELATED
 the unit of PNP responsible for the investigation of all cybercrimes and other INCIDENTS:
crimes in which Information and Communications Technology (ICT) was
used in the commission of criminal acts or the object of attack; 1. When responding to a cybercrime incident, or to a crime scene where
History of the ACG: Information and Communication Technology (ICT) equipment (e.g
 The PNP ACG started its humble beginnings when the Criminal computers, digital storage devices and other electronic devices or equipment)
Investigation and Detection Group (CIDG) formed in 2003 under the Anti- are present, it is imperative for the First Responder (FR) to protect and
Transnational Crime Division (ATCD) the Cybercrime Section where it preserve the crime scene and seek the assistance of the station IOC to identify
started without computers, computer forensic equipment, trained cyber potential evidence such as the following:
investigator, digital forensic examiner or cyber forensic laboratory; A. Contraband or fruits of a crime;
 On February 27, 2013 the PNP-Anti Cybercrime Group with official B. Tools used for the commission of the crime; and/or
acronym “PNP ACG”, was activated as a National Operational Support Unit C. Other items that may be used in the commission of the
primarily responsible for the implementation of pertinent Philippine laws crime.
on cybercrimes and advocating the anti-cybercrime campaign of the PNP.

2. The FR shall immediately coordinate with the nearest ACG office, through the
PBGEN Joel B Doria station TOC or the IOC, for assistance. Upon arrival of the ACG personnel, they
 the current Director of ACG (as of December 2022) shall immediately conduct the “bag and tag” procedure on the digital evidence
and turn it over to the IOC;
OFFICE OF CYBERCRIME (OOC)
 created pursuant to Republic Act No. 10175 or the Cybercrime Prevention Bag and Tag - process of identifying, labelling and securing electronic devices
Act of 2012, the Office of Cybercrime (OOC) within the DOJ is designated seized from a cybercrime scene;
as the Central Authority in all matters relating to international mutual ACG - Anti-Cybercrime Group;
assistance and extradition for cybercrime and cyber-related matters; TOC - Tactical Operations Center;
 It also acts as the focal agency in formulating and implementing law IOC - Investigator-on-case;
enforcement investigation and prosecution strategies in curbing cybercrime
and cyber-related offenses nationwide. 3. The concerned investigating unit shall secure and submit a court order and
necessary legal requirements for the ACG to conduct a digital forensic
examination that is in accordance with the rule on cybercrime warrants. The
CYBERCRIME AND CYBER-RELATED INCIDENT RESPONSE OPERATIONS: evidence seized shall then be subjected to digital forensic examination by the
PNP ACG. The result of the forensic examination, as well as the testimony of
 pursuant to the Revised PNP Operational Manual s. 2021 the forensic expert, shall be made available during the trial.
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system, or otherwise, without the prior written permission of the authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
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 I. Severe damage to the system;
PRESERVATION OF SEIZED COMPUTERS: II. Disrupting the legitimate business; and
 Upon determination of how the computer was utilized in the commission of III. Possible liability of the police officers.
the crime, and once the legal requirements have been complied with, the
following are the guidelines in the preservation of the seized computer: 5. For Ransomware or Malware Attack on a Computer
A. Consult a computer specialist for assistance;
B. Immediately disconnect the computer from the network to avoid the
1. Secure the Scene spread of malware to other computers on the same network; and
A. Officer’s safety is always paramount; C. Do not immediately pull the plug and wait for the computer specialist to
B. Preserve the area for potential fingerprints; arrive.
C. Immediately restrict access to the computer; D. Guidelines in the Treatment of Other Electronic Data Storage Devices:
D. Disable the internet connection to restrict remote access to the  The IOC should understand that other electronic devices may contain
computer; viable evidence associated with the crime. The IOC must ensure that the
2. Secure the computer as evidence device should not be accessed unless a warrant has been issued.
A. If the computer is “OFF”, do not turn it “ON”; E. Preservation of Seized Mobile Communication Devices
B. If the computer is “ON”, do not turn it “OFF”, nor touch its mouse or its  Upon determination of how the mobile communication device was utilized
keyboard; in the commission of the crime the following are the guidelines to be
3. For stand-alone connection or single area connection computers (non- followed:
networked) I. If the device is turned “ON”, do not turn it “OFF” as it could activate the
A. Consult a Digital Forensic Examiner. lockout feature:
B. If a Digital Forensic Examiner is not available, the station IOC shall  Take a photograph of the screen display and write down all
perform the following: information therein;
I. Photograph screen and disconnect all power sources and plugs including  If possible, turn on airplane/flight mode or use a signal blocking
those at the back of the computer; container, if available, and record the steps undertaken;
II. Cover or put a tape over each drive slot;  If the device is locked, do not attempt to unlock it; and
III. Photograph (or make a diagram) and label parts located at the back of the  Bring the power supply cord of the seized device found at the scene.
computer including its connections;
IV. Label all connectors and cable ends to allow reassembly as needed
(Example: “Socket” marked “A” and the “cable End” also marked “A”); II. If the device is TURNED “OFF”, leave it “OFF” AS IT could alter evidence in
V. If transport is required, pack the components as “fragile cargo” prior to the device.
transport;
VI. Keep it away from magnets, radio transmitters, and from other hostile
environments; and F. Preservation of Seized Facsimile or Fax Machine or Similar Devices
VII. Ensure that only the Digital Forensic Examiner conducts the search for any  If the fax machine is “ON”, do not turn it “OFF” as it may cause the loss of the
evidence contained in the computer hardware; last number dialed or other stored fax numbers. If possible, all manuals should
4. For Networked Computers (or business computers) be seized along with the machine. Photographs of the machine and its display
A. Consult a Digital Forensic Examiner for assistance. shall be taken.
B. Do not immediately pull the plug to prevent the following: G. Preservation of Seized Caller ID Devices and Other Similar Devices

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retrieval system, or otherwise, without the prior written permission of the authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
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 I.The IOC should be able to recognize potential evidence contained  An order authorizing law enforcement authorities to search a particular place
in caller ID devices such as telephone numbers and subscriber’s for items to be seized and/or examined
information from incoming phone calls. 4. Warrant to Examine Computer Data (WECD)
II. The IOC should remember that interruption of the power supply  Upon acquiring possession of a computer divide or computer system via a
of the caller ID device may cause loss of data if not protected by lawful warrantless arrest, or by any other lawful method, law enforcement
an internal battery back-up. authorities shall first apply for a WECD before searching the said computer
H. Guidelines in the Treatment of Seized Digital Video Recording (DVR) device or computer system for the purpose of obtaining forensic examination
Devices the computer data contained therein
I. The IOC should be able to recognize potential evidence contained in
DVR devices such as the date and time of occurrence and the
persons viewed on the video captured by the Audio and Video REPUBLIC ACT NO. 10175
Recorder (AVR) and camera devices; and “An Act Defining Cybercrime, Providing for the Prevention, Investigation,
II. The IOC should secure a warrant for the conduct of forensic Suppression and the Imposition of Penalties therefor and for other purposes”
examination/enhancement of audio video recorded by the DVR
device.  This Act shall be known as the “Cybercrime Prevention Act of 2012”.
I. Acquiring the DVR Devices and/or their Footages/Recording  Approved on September 12, 2012
A. The IOC shall send a Preservation Letter (Annex “Y”) addressed to the SEC. 3 - DEFINITION OF TERMS:
DVR device owner directing him/her to keep, retain and preserve the A. ACCESS
footages/recordings; and  refers to the instruction, communication with, storing data in, retrieving
B. A court order or a notarized affidavit of consent together with the data from, or otherwise making use of any resources of a computer system
photocopy of valid ID from the DVR device owner or authorized or communication network;
administrator must be secured to obtain the original and/or B. ALTERATION
duplicate copies of footages/recordings.  refers to the modification or change, in form or substance, of an existing
Additional: computer data or program;
C. COMMUNICATION
 refers to the transmission of information through ICT media, including
1. Warrant to Disclose Computer Data (WDCD) voice, video and other forms of data;
 An order to disclose and accordingly, require any person or service provider to D. COMPUTER
disclose or submit subscriber’s information, traffic data, or relevant data in  refers to an electronic, magnetic, optical, electrochemical, or other data
his/her controversial or is possession or control processing or communications device, or grouping of such devices, capable
2. Warrant to Intercept Computer Data (WICD) of performing logical, arithmetic, routing, or storage functions and which
 An order authorizing law enforcement authorities to carry out any or all of the includes any storage facility or equipment or communications facility or
following activities: (a) listening to, (b) recording, (c) monitoring, or (d) equipment directly related to or operating in conjunction with such device.
surveillance of the content of communications, including procuring of the It covers any type of computer device including devices with data
content of computer data, either directly, through access and use of a computer processing capabilities like mobile phones, smart phones, computer
system or indirectly, through the use of electronic eavesdropping or tapping networks and other devices connected to the internet;
devices, at the same time that the communication is occurring E. COMPUTER DATA
3. Warrant to Search, Seize and Examine Computer Data (WSSECD)  refers to any representation of facts, information, or concepts in a form
suitable for processing in a computer system including a program suitable to
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7
 cause a computer system to perform a function and includes electronic  refers to listening to, recording, monitoring or surveillance of the content
documents and/or electronic data messages whether stored in local of communications, including procuring of the content of data, either directly,
computer systems or online; through access and use of a computer system or indirectly, through theuse
F. COMPUTER PROGRAM of electronic eavesdropping or tapping devices, at the same time that the
 refers to a set of instructions executed by the computer to achieve intended communication is occurring;
results; N. SERVICE PROVIDER REFERS TO:
G. COMPUTER SYSTEM  Any public or private entity that provides to users of its service the ability
 refers to any device or group of interconnected or related devices, one or to communicate by means of a computer system; and
more of which, pursuant to a program, performs automated processing of data.  Any other entity that processes or stores computer data on behalf of such
It covers any type of device with data processing capabilities including, but not communication service or users of such services;
limited to, computers and mobile phones. The device consisting of hardware O. SUBSCRIBER’S INFORMATION
and software may include input, output and storage components which may  refers to any information contained in the form of computer data or any
stand alone or be connected in a network or other similar devices. It also other form that is held by a service provider, relating to subscribers of its
includes computer data storage devices or media; services other than traffic or content data and by which identity can be
H. WITHOUT RIGHT established:
refers to either:  The type of communication service used, the technical provisions taken
 conduct undertaken without or in excess of authority; or thereto and the period of service;
 conduct not covered by established legal defenses, excuses, court  The subscriber’s identity, postal or geographic address, telephone and
orders, justifications, or relevant principles under the law; other access numbers, any assigned network address, billing and payment
I. CYBER information, available on the basis of the service agreement or
 refers to a computer or a computer network, the electronic medium in which arrangement; and
online communication takes place;  Any other available information on the site of the installation of
J. CRITICAL INFRASTRUCTURE communication equipment, available on the basis of the service agreement
 refers to the computer systems, and/or networks, whether physical or or arrangement.
virtual, and/or the computer programs, computer data and/or traffic data so P. TRAFFIC DATA OR NON-CONTENT DATA
vital to this country that the incapacity or destruction of or interference with  refers to any computer data other than the content of the communication
such system and assets would have a debilitating impact on security, including, but not limited to, the communication’s origin, destination,
national or economic security, national public health and safety, or any route, time, date, size, duration, or type of underlying service;
combination of those matters;
K. CYBERSECURITY CHAPTER II - PUNISHABLE ACTS:
 refers to the collection of tools, policies, risk management approaches, Sec. 4. Cybercrime Offenses.
actions, training, best practices, assurance and technologies that can be The following acts constitute the offense of cybercrime punishable under this Act:
used to protect the cyber environment and organization and user’s assets;
L. DATABASE OFFENSES AGAINST THE CONFIDENTIALITY, INTEGRITY AND
 refers to a representation of information, knowledge, facts, concepts, or AVAILABILITY OF COMPUTER DATA AND SYSTEMS:
instructions which are being prepared, processed or stored or have been
prepared, processed or stored in a formalized manner and which are intended 1. Illegal Access.
for use in a computer system;  The access to the whole or any part of a computer system without right;
M. INTERCEPTION 2. Illegal Interception.
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retrieval system, or otherwise, without the prior written permission of the authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
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 The interception made by technical means without right of any non-public COMPUTER-RELATED OFFENSES:
transmission of computer data to, from, or within a computer system including
electromagnetic emissions from a computer system carrying such computer
data; 1. COMPUTER-RELATED FORGERY.
3. Data Interference. I. The input, alteration, or deletion of any computer data without right resulting
 The intentional or reckless alteration, damaging, deletion or deterioration of in inauthentic data with the intent that it be considered or acted upon for legal
computer data, electronic document, or electronic data message, without right, purposes as if it were authentic, regardless whether or not the data is directly
including the introduction or transmission of viruses; readable and intelligible; or
4. System Interference. II. The act of knowingly using computer data which is the product of computer-
 The intentional alteration or reckless hindering or interference with the related forgery as defined herein, for the purpose of perpetuating a fraudulent
functioning of a computer or computer network by inputting, transmitting, or dishonest design.
damaging, deleting, deteriorating, altering or suppressing computer data or
program, electronic document, or electronic data message, without right or 2. COMPUTER-RELATED FRAUD.
authority, including the introduction or transmission of viruses; The unauthorized input, alteration, or deletion of computer data or program or
5. Misuse of Devices: interference in the functioning of a computer system, causing damage thereby
I. The use, production, sale, procurement, importation, distribution, or with fraudulent intent: Provided, That if no damage has yet been caused, the
otherwise making available, without right, of: penalty imposable shall be one (1) degree lower.
● A device, including a computer program, designed or adapted primarily
for the purpose of committing any of the offenses under this Act; or 3. COMPUTER-RELATED IDENTITY THEFT.
● A computer password, access code, or similar data by which the whole The intentional acquisition, use, misuse, transfer, possession, alteration or
or any part of a computer system is capable of being accessed with deletion of identifying information belonging to another, whether natural or
intent that it be used for the purpose of committing any of the offenses juridical, without right: Provided, That if no damage has yet been caused, the
under this Act. penalty imposable shall be one (1) degree lower.
II. The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above
with intent to use said devices for the purpose of committing any of the CONTENT-RELATED OFFENSES:
offenses under this section. 1. CYBERSEX.
 The willful engagement, maintenance, control, or operation, directly or
indirectly, of any lascivious exhibition of sexual organs or sexual activity, with
6. Cyber-squatting. the aid of a computer system, for favor or consideration;
 The acquisition of a domain name over the internet in bad faith to profit,
mislead, destroy reputation, and deprive others from registering the same, if 2. CHILD PORNOGRAPHY.
such a domain name is:  The unlawful or prohibited acts defined and punishable by Republic Act No.
I. Similar, identical, or confusingly similar to an existing trademark registered 9775 or the Anti-Child Pornography Act of 2009, committed through a
with the appropriate government agency at the time of the domain name computer system: Provided, That the penalty to be imposed shall be (1) one
registration: degree higher than that provided for in Republic Act No. 9775;
II. Identical or in any way similar with the name of a person other than the
registrant, in case of a personal name; and 3. UNSOLICITED COMMERCIAL COMMUNICATIONS.
III. Acquired without right or with intellectual property interests in it.

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as but not limited to photocopying, recording, storage in any informational
retrieval system, or otherwise, without the prior written permission of the authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
9
  The transmission of commercial electronic communication with the use of Sec. 7. Liability under Other Laws. — A prosecution under this Act shall be
computer systems which seek to advertise, sell, or offer for sale products and without prejudice to any liability for violation of any provision of the Revised Penal
services are prohibited unless: Code, as amended, or special laws.

I. There is prior affirmative consent from the recipient; or CHAPTER III – PENALTIES
II. The primary intent of the communication is for service and/or
administrative announcements from the sender to its existing users, Sec. 8. Penalties. — Any person found guilty of any of the punishable acts
subscribers or customers; or enumerated in Sections 4(a) and 4(b) of this Act shall be punished with
III. The following conditions are present: imprisonment of prision mayor or a fine of at least Two hundred thousand pesos
 Commercial electronic communication contains a simple, valid, and reliable (PhP200,000.00) up to a maximum amount commensurate to the damage incurred
way for the recipient to reject. receipt of further commercial electronic messages or both.
(opt-out) from the same source; A. Any person found guilty of the punishable act under Section 4(a)(5) shall be
 The commercial electronic communication does not purposely disguise the punished with imprisonment of prision mayor or a fine of not more than Five
source of the electronic message; and hundred thousand pesos (PhP500,000.00) or both;
 Commercial electronic communication does not purposely include misleading B. If punishable acts in Section 4(a) are committed against critical infrastructure,
information in any part of the message in order to induce the recipients to read the penalty of reclusion temporal or a fine of at least Five hundred thousand
the message. pesos (PhP500,000.00) up to the maximum amount commensurate to the
damage incurred or both, shall be imposed.;
4. LIBEL. C. Any person found guilty of any of the punishable acts enumerated in Section
 The unlawful or prohibited acts of libel as defined in Article 355 of the Revised 4c1 (Cybersex) of this Act shall be punished with imprisonment of prision
Penal Code, as amended, committed through a computer system or any other mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) but
similar means which may be devised in the future. not exceeding One million pesos (PhP1,000,000.00) or both.
SEC. 5. OTHER OFFENSES. D. Any person found guilty of any of the punishable acts enumerated in Section
 The following acts shall also constitute an offense: 4c2 (Child pornography) of this Act shall be punished with the penalties as
A. AIDING OR ABETTING IN THE COMMISSION OF CYBERCRIME. enumerated in Republic Act No. 9775 or the “Anti-Child Pornography Act of
 Any person who willfully abets or aids in the commission of any of the 2009”: Provided, That the penalty to be imposed shall be one (1) degree higher
offenses enumerated in this Act shall be held liable; than that provided for in Republic Act No. 9775, if committed through a
B. ATTEMPT IN THE COMMISSION OF CYBERCRIME. computer system.
 Any person who willfully attempts to commit any of the offenses E. Any person found guilty of any of the punishable acts enumerated in Section
enumerated in this Act shall be held liable. 4c3 (Unsolicited Commercial Communications) shall be punished with
Sec. 6. All crimes defined and penalized by the Revised Penal Code, as amended, imprisonment of arresto mayor or a fine of at least Fifty thousand pesos
and special laws, if committed by, through and with the use of information and (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos
communications technologies shall be covered by the relevant provisions of this (PhP250,000.00) or both.
Act: Provided, That the penalty to be imposed shall be one (1) degree higher than F. Any person found guilty of any of the punishable acts enumerated in Section 5
that provided for by the Revised Penal Code, as amended, and special laws, as the shall be punished with imprisonment one (1) degree lower than that of the
case may be; prescribed penalty for the offense or a fine of at least One hundred thousand
pesos (PhP100,000.00) but not exceeding Five hundred thousand pesos
(PhP500,000.00) or both.
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as but not limited to photocopying, recording, storage in any informational retrieval
system, or otherwise, without the prior written permission of the authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
10
 A. Traffic data refer only to the communication’s origin, destination, route, time,
Sec. 9. Corporate Liability. — When any of the punishable acts herein defined date, size, duration, or type of underlying service, but not content, nor
are knowingly committed on behalf of or for the benefit of a juridical person, by a identities.
natural person acting either individually or as part of an organ of the juridical
person, who has a leading position within, based on: (a) a power of
representation of the juridical person provided the act committed falls within the B. All other data to be collected or seized or disclosed will require a court warrant.
scope of such authority; (b) an authority to take decisions on behalf of the
juridical person: Provided, That the act committed falls within the scope of such C. Service providers are required to cooperate and assist law enforcement
authority; or (c) an authority to exercise control within the juridical person, the authorities in the collection or recording of the above-stated information.
juridical person shall be held liable for a fine equivalent to at least double the
fines imposable in Section 7 up to a maximum of Ten million pesos
(PhP10,000,000.00). D. The court warrant required under this section shall only be issued or granted
A. If the commission of any of the punishable acts herein defined was made upon written application and the examination under oath or affirmation of the
possible due to the lack of supervision or control by a natural person referred applicant and the witnesses he may produce and the showing: (1) that there
to and described in the preceding paragraph, for the benefit of that juridical are reasonable grounds to believe that any of the crimes enumerated
person by a natural person acting under its authority, the juridical person hereinabove has been committed, or is being committed, or is about to be
shall be held liable for a fine equivalent to at least double the fines imposable committed: (2) that there are reasonable grounds to believe that evidence that
in Section 7 up to a maximum of Five million pesos (PhP5,000,000.00). will be obtained is essential to the conviction of any person for, or to the
B. The liability imposed on the juridical person shall be without prejudice to the solution of, or to the prevention of, any such crimes; and (3) that there are no
criminal liability of the natural person who has committed the offense. other means readily available for obtaining such evidence.

CHAPTER IV - ENFORCEMENT AND IMPLEMENTATION Sec. 13. Preservation of Computer Data. — The integrity of traffic data and
Sec. 10. Law Enforcement Authorities. — The National Bureau of Investigation subscriber information relating to communication services provided by a service
(NBI) and the Philippine National Police (PNP) shall be responsible for the efficient provider shall be preserved for a minimum period of six (6) months from the date
and effective law enforcement of the provisions of this Act. The NBI and the PNP of the transaction. Content data shall be similarly preserved for six (6) months from
shall organize a cybercrime unit or center manned by special investigators to the date of receipt of the order from law enforcement authorities requiring its
exclusively handle cases involving violations of this Act; preservation.
Sec. 11. Duties of Law Enforcement Authorities. — To ensure that the technical A. Law enforcement authorities may order a one-time extension for another six (6)
nature of cybercrime and its prevention is given focus and considering the months: Provided, That once computer data preserved, transmitted or stored
procedures involved for international cooperation, law enforcement authorities by a service provider is used as evidence in a case, the mere furnishing to such
specifically the computer or technology crime divisions or units responsible for the service provider of the transmittal document to the Office of the Prosecutor
investigation of cybercrimes are required to submit timely and regular reports shall be deemed a notification to preserve the computer data until the
including pre-operation, post-operation and investigation results and such other termination of the case.
documents as may be required to the Department of Justice (DOJ) for review and B. The service provider ordered to preserve computer data shall keep confidential
monitoring; the order and its compliance.
Sec. 12. Real-Time Collection of Traffic Data. — Law enforcement authorities,
with due cause, shall be authorized to collect or record by technical or electronic Sec. 14. Disclosure of Computer Data. — Law enforcement authorities, upon
means traffic data in real-time associated with specified communications securing a court warrant, shall issue an order requiring any person or service
transmitted by means of a computer system; provider to disclose or submit subscriber’s information, traffic data or relevant data
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as but not limited to photocopying, recording, storage in any informational retrieval
system, or otherwise, without the prior written permission of the authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
11
 in his/its possession or control within seventy-two (72) hours from receipt of the to the person or persons whose conversation or communications have been
order in relation to a valid complaint officially docketed and assigned for recorded.
investigation and the disclosure is necessary and relevant for the purpose of Sec. 17. Destruction of Computer Data. — Upon expiration of the periods as
investigation. provided in Sections 13 and 15, service providers and law enforcement
Sec. 15. Search, Seizure and Examination of Computer Data. — Where a authorities, as the case may be, shall immediately and completely destroy the
search and seizure warrant is properly issued, the law enforcement authorities computer data subject of a preservation and examination.
shall likewise have the following powers and duties. Sec. 18. Exclusionary Rule. — Any evidence procured without a valid warrant or
1. Within the time period specified in the warrant, to conduct interception, as beyond the authority of the same shall be inadmissible for any proceeding before
defined in this Act, and: any court or tribunal.
A. To secure a computer system or a computer data storage medium; Sec. 19. Restricting or Blocking Access to Computer Data. — When a
B. To make and retain a copy of those computer data secured; computer data is prima facie found to be in violation of the provisions of this Act,
C. To maintain the integrity of the relevant stored computer data; the DOJ shall issue an order to restrict or block access to such computer data.
D. To conduct forensic analysis or examination of the computer data storage Sec. 20. Noncompliance. — Failure to comply with the provisions of Chapter IV
medium; and hereof specifically the orders from law enforcement authorities shall be punished
E. To render inaccessible or remove those computer data in the accessed as a violation of Presidential Decree No. 1829 with imprisonment of prision
computer or computer and communications network. correccional in its maximum period or a fine of One hundred thousand pesos
 Pursuant thereof, the law enforcement authorities may order any person who (Php100,000.00) or both, for each and every noncompliance with an order issued
has knowledge about the functioning of the computer system and the measures by law enforcement authorities.
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. CHAPTER V - JURISDICTION
 Law enforcement authorities may request for an extension of time to complete Sec. 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any
the examination of the computer data storage medium and to make a return violation of the provisions of this Act. including any violation committed by a
thereon but in no case for a period longer than thirty (30) days from the date Filipino national regardless of the place of commission. Jurisdiction shall lie if any
of approval by the court. of the elements was committed within the Philippines or committed with the use
of any computer system wholly or partly situated in the country, or when by such
commission any damage is caused to a natural or juridical person who, at the time
Sec. 16. Custody of Computer Data. — All computer data, including content and the offense was committed, was in the Philippines.
traffic data, examined under a proper warrant shall, within forty-eight (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 A. There shall be designated special cybercrime courts manned by specially trained
authority executing it stating the dates and times covered by the examination, and judges to handle cybercrime cases.
the law enforcement authority who may access the deposit, among other relevant
data. The law enforcement authority shall also certify that no duplicates or copies CHAPTER VI - INTERNATIONAL COOPERATION
of the whole or any part thereof have been made, or if made, that all such
duplicates or copies are included in the package deposited with the court. The
package so deposited shall not be opened, or the recordings replayed, or used in Sec. 22. General Principles Relating to International Cooperation — All relevant
evidence, or then contents revealed, except upon order of the court, which shall international instruments on international cooperation in criminal matters,
not be granted except upon motion, with due notice and opportunity to be heard arrangements agreed on the basis of uniform or reciprocal legislation, and domestic
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as but not limited to photocopying, recording, storage in any informational retrieval
system, or otherwise, without the prior written permission of the authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
12
 laws, to the widest extent possible for the purposes of investigations or p r o c e eEd i.n gTso coordinate the support and participation of the business sector, local government
units concerning criminal offenses related to computer systems and data, or for thaend nongovernment organizations in cybercrime prevention programs and other related
collection of evidence in electronic form of a criminal, offense shall be given fupllrojects;
force and effect. F. To recommend the enactment of appropriate laws, issuances, measures and policies;
G. To call upon any government agency to render assistance in the accomplishment of the
CICC’s mandated tasks and functions; and
CHAPTER VII - COMPETENT AUTHORITIES H. To perform all other matters related to cybercrime prevention and suppression, including
capacity building and such other functions and duties as may be necessary for the proper
Sec 23. Department of Justice (DOJ). — There is hereby created an Office iomf plementation of this Act.
Cybercrime within the DOJ designated as the central authority in all matters
related to international mutual assistance and extradition. ENVIRONMENTAL CRIME
Sec. 24. Cybercrime Investigation and Coordinating Center. — There is hereby  Environmental crime is an illegal act which directly harms the
created, within thirty (30) days from the effectivity of this Act, an inter-agency body environment;
to be known as the Cybercrime Investigation and Coordinating Center (CICC),  It is an illegal act which directly harms the environment. These illegal
under the administrative supervision of the Office of the President, for policy activities involve the environment, wildlife, biodiversity and natural
coordination among concerned agencies and for the formulation and enforcement resources. It covers the activities that breach environmental legislation and
of the national cybersecurity plan. cause significant harm or risk to the environment, human health or both.

Sec. 25. Composition. — The CICC shall be headed by the Executive Director of
the Information and Communications Technology Office under the Department of Green Collar Crime
Science and Technology (ICTO-DOST) as Chairperson with the Director of the NBI  It is a crime committed against nature. This term can refer to actual crime
as Vice Chairperson; the Chief of the PNP; Head of the DOJ Office of Cybercrime; , in the sense that the act is illegal by the country’s law, or a moral crime
and one (1) representative from the private sector and academe, as members. The that may not be illegal.
CICC shall be manned by a secretariat of selected existing personnel and
representatives from the different participating agencies. KINDS OF ENVIRONMENTAL CRIMES:
 Environmental crime is now becoming a serious problem worldwide in
Sec. 26. Powers and Functions. — The CICC shall have the following powers and different forms, with some of them being among the most profitable criminal
functions: activities in the world.
A. To formulate a national cybersecurity plan and extend immediate assistance for the  The most common crimes against the environment are connected with the
suppression of real-time commission of cybercrime offenses through a computer unlawful exploitation of wild fauna and flora, pollution, waste disposal and
emergency response team (CERT); its trade.
B. To coordinate the preparation of appropriate and effective measures to prevent and  The following are the different kinds of environmental crimes committed
suppress cybercrime activities as provided for in this Act; and punishable by law:
C. To monitor cybercrime cases being bandied by participating law enforcement and
prosecution agencies;
D. To facilitate international cooperation on intelligence, investigations, training and capacity 1. WILD ANIMAL TRAFFIC
building related to cybercrime prevention, suppression and prosecution;

The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as but not limited to photocopying, recording, storage in any informational
retrieval system, or otherwise, without the prior written permission of the authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
13
  It is regarded by Interpol as the third largest illegal business in the world ENVIRONMENTAL LAWS IN THE PHILIPPINES
after drug and arms trafficking. Wild animal traffic raises a serious threat for
the world’s biodiversity survival; 1. Presidential Decree 1586
 The more endangered the species is, the higher the price is for it. The most  known as the ‘’Environmental Impact Statement (EIS) of 1978’’
requested species are tropical birds, reptiles, arachnids, and monkeys.  signed on June 11, 1978;
Animal trafficking does not only intend to sell them as company animals it  The Environment Impact Assessment System was formally established in
also involves in serious crimes like selling to the black market, used to make 1978 with the enactment of PD No. 1586 to facilitate the attainment and
decoration items and or in traditional Chinese medicine; maintenance of rational and orderly balance between socio-economic
2. INDISCRIMINATE LOGGING development and environmental protection. EIA is a planning and
 It is the main cause of deforestation, the largest rainforest in the world management tool that will help government, decision makers, the proponents
speeded up in 2013 at a 29% rise in deforestation, according to the Brazilian and the affected community address the negative consequences or risks on
government. The uncontrolled logging to get wood for furniture or other good the environment. The process ensures implementation of environmental-
or even for farm lands- is the most serious cause of this environment crime; friendly projects;
3. ELECTRONIC WASTE MISMANAGEMENT 2. Republic Act No. 6969
 There are up to 50 million tons of electronic watse every year and up to 75%  known as the ‘’Toxic Substances, Hazardous and Nuclear Waste Control
of all these is estimated to leave the official circuit and a good deal of them to act of 1990’’;
be illegally exported to Africa, China or India;  approved on October 26, 1990;
4. FINNING  The law aims to regulate restrict or prohibit the importation, manufacture,
 A hundre million sharks are captured every year by specialised ships and up processing, sale, distirbution, use and disposal of chemical substances and
to 70 million of them are captured to only have their fins cut off alive on the mixtures the presnt unreasonable risk to human health. It likewise prohibits
ship and then thrown back into the sea; the entry, even in transit, of hazardous and nuclear wastes and their disposal
5. DUMPING IN RIVERS AND AQUIFERS into the Philippines territorial limits for whatever purpose and to provide
 This kind of environmental crime is most often caused by companies, advancement and facilitate research and studies on toxic chemicals;
factories and Public Administration. Faecal and toxic waste coming from 3. Republic Act No. 8749
factories are dumped in rivers which cause the local wildlife to die or get ill  known as the ‘’Philippine Clean Air Act of 1999’’;
and also find its way to pollute the surrounding flora as well;  approved on June 23, 1999;
6. WASTE DISPOSAL  The law aims to achieve and maintain clean air that meets the National Air
 Improper waste disposal creates a hazardous problem. It may infect Quality guidelines values for criteria pollutants, throughout the Philippines,
peoplenot only physically but through the air and water. Garbage thrown while minimizing the possible associated impacts to the economy;
in the rivers and canals may not only block our waterways but invites 4. Republic Act No. 9003
rodents to infect the water and soon be transferred to humans;  known as the ‘’Ecological Solid Waste Management act of 2000’’;
7. GLOBAL WARMING DUE TO EMISSION OF GREENHOUSE GASES  approved on January 26, 2001;
 In almost any activity, we emit greenhouse gas such as using our  In partnership with stakeholders, the law aims to adopt a systematic,
electricity, cooking and driving our cars. As we breathe out, we also comprehensive and ecological solid waste management program that shall
produce carbon dioxide. The more people in a certain area, the more ensure the protection of public health and environment. The law ensures
carbon dioxide is emitted into the environment. As the gases are proper segregation, collection, storage, treatment and disposal of solid waste
produced, it generates heat causing a change in the climate. through the formulation and adaptation of best eco-waste products;
5. Republic Act No. 9275
 known as the ‘’Philippine Clean Water act of 2004’’;
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as but not limited to photocopying, recording, storage in any informational retrieval
system, or otherwise, without the prior written permission of the authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
14
  approved on March 22, 2004; Investigation Methods
 The law aims to protect the country’s water bodies from pollution from land-  Criminal investigations of environmental crimes target the most harmful
based sources (industries and commercial establishment, agriculture and violations of environmental laws that pose significant threats to human
community/household activities). It provides for a comprehensive and health and the environment. Criminal investigations are carried out via
integrated strategy to prevent and minimize pollution through a multi-sectoral methods including interviews, searching a person or document, examining
and participatory approach involving all the stakeholders. documents or objects, use of force for self-defense and subject matter
6. Republic Act No. 9729 expertise. This requires well-trained special agents and investigators;
 known as the “Climate Change act of 2009”; Science and Technical Expertise
 approved on October 23, 2009;  Environmental crime investigations require in-depth investigations with
 The State adopts the principle of protecting the climate system for the benefit scientific methodologies and technical expertise. Sampling and testing of
of humankind, on the basis of climate justice or common but differentiated materials to obtain evidence against environmental criminals is a critical
responsibilities and the Precautionary Principle to guide decision-making in and specialized area. Scientists and specialized technical experts are
climate risk management. required to collect this evidence;
7. Republic Act No. 10611 Legal And Prosecution Aspects
 otherwise known as the “Food Safety Act of 2013”.  The legal and prosecution aspects of environmental crime is significantly
 approved on August 23, 2013; increasing in demand. Environmental laws and regulations developed are
 “An Act To Strengthen The Food Safety Regulatory System In The Country To at all levels including sanctions, prison sentences, fines and restoration of
Protect Consumer Health And Facilitate Market Access Of Local Foods And damage. Cost of legal and prosecution cases are high and are conducted by
Food Products, And For Other Purposes” specialized environmental law experts;
Environmental Protection
 It is the practice of protecting the natural environment by individuals,
EFFORTS AGAINST ENVIRONMENTAL CRIMES organizations and governments. Its objectives are to conserve natural
resources and the existing natural environment and, where possible, to
repair damage and reverse trends;
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR)
 responsible for the conservation, management, development, and proper use TEN SIMPLE THINGS TO PROTECT THE ENVIRONMENT
of the country’s environment and natural resources.
1. Reduce, Reuse And Recycle
 Cut down on what you throw away. Follow the three "R's" to conserve
MARIA ANTONIA YULO LOYZAGA - current secretary of DENR (as of August natural resources and landfill space. Reduce means to cut back on the
2022) amount of trash we generate. Reuse means to find new ways to use things
that otherwise would have been thrown out. Recycling means to turn
The environmental crime investigation model is based on the following areas: something old and useless (like plastic milk jugs) into something new and
useful (like picnic benches, playground equipment and recycling bins);
 Investigation Methods Science and Technical Expertise 2. Volunteer
 Legal and Prosecution Aspects  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 (such
as
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as but not limited to photocopying, recording, storage in any informational retrieval
system, or otherwise, without the prior written permission of the authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
15
 vacant lots or abandoned properties) that have been neglected,  The petition shall be filed with the Supreme Court or with any of the
vandalized, or misused; stations of the Court of Appeals;
3. Educate
 When you further your own education, you can help others understand the SECTION 5. ISSUANCE OF THE WRIT.
importance and value of our natural resources;  Within three (3) days from the date of filing of the petition, if the petition is
4. Conserve Water sufficient in form and substance, the court shall give an order: (a) issuing
 The less water you use, the less runoff and wastewater that eventually end the writ; and (b) requiring the respondent to file a verified return as provided
up in the ocean; in Section 8 of this Rule. The clerk of court shall forthwith issue the writ
5. Choose Sustainable under the seal of the court including the issuance of a cease and desist
 Sustainable food is food that is safe and healthy. It's produced without order and other temporary reliefs effective until further order;
hazardous pesticides and chemicals, non-essential antibiotics or growth SECTION 15. JUDGMENT.
promotio supplements. Nutrition is also playing an increasing role in  Within sixty (60) days from the time the petition is submitted for decision,
defining sustainable foods. There's a growing movement towards plant- the court shall render judgment granting or denying the privilege of the writ
based foods; of kalikasan;
6. Shop Wisely SECTION 16. APPEAL.
 Buy less plastic and bring a reusable shopping bag;  Within fifteen (15) days from the date of notice of the adverse judgment or
7. Use Long-Lasting Light Bulbs denial of motion for reconsideration, any party may appeal to the Supreme
 Energy efficient light bulbs reduce greenhouse gas emissions. Also flip the Court;
light switch off when you leave the room; SECTION 17. INSTITUTION OF SEPARATE ACTIONS.
8. Plant A Tree  The filing of a petition for the issuance of the writ of kalikasan shall not
 Trees provide food and oxygen. They help save energy, clean the air, and preclude the filing of separate civil, criminal or administrative actions.
help combat climate change;
9. Dont Send Chemicals Into Our Waterways “But seek first his kingdom and his righteousness, and all these
 Choose non-toxic chemicals in the home and office; things will be given to you as well.” - Matthew 6:33
10. Bike More Drive Less
 It helps society. Bike commuting helps society in a number of ways. It's less
wear and tear on the public roads, less pollution in the air, less traffic and “Therefore, all things whatsoever ye would that men should do to
congestion for other cars, allows more parking spots, and is less noisy you, do ye even so to them; for this is the law and the prophets” -
through neighborhoods; Matthew 7:12

ADDITIONAL:
WRIT OF KALIKASAN
 pursuant to the Rules of Procedure for Environmental Cases, the Writ of
“
Kalikasan is a remedy available to the citizens to assert their rights to a
healthy and balanced ecology. More specifically, it is based on Section 16,
Article II of the 1987 Philippine Constitution, which says that the “state
shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.”
WHERE TO FILE.
The text of this manuscript, or any part and/or portion thereof, shall not be reproduced or transmitted in any form or by any means, electronic or mechanical such as but not limited to photocopying, recording, storage in any informational
retrieval system, or otherwise, without the prior written permission of the authors and the publisher. Any unauthorized copying, reproduction, and/or dissemination of any portion of this book shall be prosecuted in accordance with law.
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