2419 was finally passed by the House of Representatives and the Senate on March 5, 2003. Republic Act No. EMMA LIRIO-REYESSecretary of Senate, (Sgd.) -- This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act;cralaw, "(4) Plunder under Republic Act No. [ Republic Act No. Section 7. -- The Anti-Money Laundering Council is hereby created and shall be composed of the Governor of the Bangko Sentral ng Pilipinas as chairman, the Commissioner of the Insurance Commission and the Chairman of the Securities and Exchange Commission as member. General Provisions. -- The Court of Appeals, upon application ex parte by the AMLC and after determination that probable cause exists that any monetary instrument or property is in any way related to an unlawful activity as defined in Sec. In a nutshell, stolen identities pertains to the intentional use of one’s personal details, usually for monetary gain or criminal activities at the expense of the victim. Title. MARILYN B. BARUA-YAPSecretary GeneralHouse of Representatives, (Sgd.) 1405, as amended, Republic Act No. (b) Encourage the public, NGOs and POs to safeguard and protect these government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof, within their areas of jurisdiction. 7080, as amended;cralaw, "(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended;cralaw, "(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. The act of your former housemate in taking your cellphone constitutes theft which is defined under Article 308 of the Revised Penal Code, to wit: “Article 308. Who are liable for theft: Theft is committed by any person who, with intent to gain but without violence against, or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent.” Identity theft is not uncommon in the Philippines. – At least once a year, the DOST and the NDRRMC shall, in coordination with the local government units (LGUs) and nongovernment organizations (NGOs) or people’s organizations (POs), disseminate information and conduct continuing education on the provisions of this Act through the media and other lawful means available. List of Government Risk Reduction and Preparedness Equipment and Other Vital Facility Items. Sec. MANILA— A woman whose photos were featured on a “sugar daddy” dating site has come forward to report that her images were used without her consent, and that she was never a member of the platform that has seen a rise in sign-ups in the Philippines. Republic 1946–72, 1987–present Presidential Decree: PD. 3, paragraph (b) of Republic Act No. 9160 is hereby deleted. 3019, as amended, otherwise known as the "Anti-Graft and Corrupt Practices Act"; Republic Act No. SECTION 2. Declaration of Policy. 4. It aims to address legal issues concerning online interactions and the Internet in the Philippines. Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve. However, the law may have had a somewhat unintended side effect - criminalizing some forms of plagiarism. Republic under Martial Law/Fourth Republic 1972–1986 ... JobStart Philippines Act 2016-07-17: 10870: Philippine Credit Card Industry Regulation Act 2016-07-17: 10871: Basic Life Support Training in Schools Act 2016-07-17: 8792, otherwise known as the Electrinic Commerce Act of 2000;cralaw, "(12) Hijacking and other violations under Republic Act No. Chapter Three THEFT Art. 455 and 1937;cralaw, "(11) Violations under Republic Act No. The IRS needs this form to begin resolving your identity theft case. Sec. 8. According to a press release from the Philippine National Police Anti-Cybercrime Group (PNP ACG), a total of 1,211 cybercrime complaints were filed with them from 2013-2015. 3(i) hereof;cralaw, "(7) to implement such measures as may be necessary and justified under this Act to counteract money laundering;cralaw, "(8) to receive and take action in respect of, any request from foreign states for assistance in their own anti-money laundering operations provided in this Act;cralaw, "(9) to develop educational programs on the pernicious effects of money laundering, the methods and techniques used in the money laundering, the viable means of preventing money laundering and the effective ways of prosecuting and punishing offenders;cralaw, "(10) to enlist the assistance of any branch, department, bureau, office, agency, or instrumentality of the government, including government-owned and -controlled corporations, in undertaking any and all anti-money laundering operations, which may include the use of its personnel, facilities and resources for the more resolute prevention, detection, and investigation of money laundering offenses and prosecution of offenders; and, "(11) to impose administrative sanctions for the violation of laws, rules, regulations, and orders and resolutions issued pursuant thereto."chanroblesvirtuallawlibrary. Payment of the full cost of repair or replacement of the government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof, which is the object of the crime shall likewise be imposed upon any person who shall commit any of the prohibited acts described in Section 4 of this Act. This new law defined and punished offenses, which may be grouped as follows: offenses against the confidentiality, integrity and availability of computer data systems; computer-related offenses, such as computer forgery, fraud and identity theft, and content-related offenses, such as cybersex, child pornography and, most significantly, cyber libel. CONGRESS OF THE PHILIPPINES. Penalty for Government Officers or Employees. var d=new Date(); Section 4. (b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he falicitates the offense of money laundering referred to in paragraph (a) above. chanroblesvirtuallawlibrary. – The possession or custody of any government risk reduction and preparedness equipment, accessories and other vital facility items, or any part thereof, as defined in Section 3 hereof, by any person, natural or juridical, without proper authority shall be prima facie evidence that such instrument, part or accessory, is the fruit of the offense defined in Section 4 hereof and therefore such equipment, instrument, accessory, or other vital facility items, or parts thereof may be immediately confiscated from the person in possession, control or custody thereof. The Supreme Court (SC) yesterday upheld the constitutionality of a key provision in the controversial Republic Act No. Section 8. CHAPTER I. Money Laundering Offense. ROBERTO P. NAZARENOSecretary GeneralHouse of Represenatives, GLORIA MACAPAGAL-ARROYOPresident of the Philippines, Copyright � Section 3, paragraph (b), of Republic Act No. A Republic Act is a piece of legislation used to create policy in order to carry out the principles of the Constitution. – This Act shall be known as the "Risk Reduction and Preparedness Equipment Protection Act". This Act which is a consolidation of House Bill No. If the offender is a juridical person, the court may suspend or revoke its license. The top five complaints received were online scams (366), online libel (240), online threats (129), identity theft (127), and photo and video voyeurism (89). 23. Computer-related Identity Theft – The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) national newspapers of general circulation. SECTION 10. – The Department of Science and Technology (DOST) shall, in coordination with the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA), the Philippine Institute of Volcanology and Seismology (PHIVOLCS) and the National Disaster Risk Reduction and Management Council (NDRRMC), provide a list of all government risk reduction and preparedness equipment, accessories and other vital facility items such as, but not limited to, radars, weather forecasting equipment, flood monitoring instruments, seismographs, tsunami warning systems and automated weather systems. The Philippines which is the sixth largest social network media user in the world such as Facebook, is also one of the many countries without a law to protect its social network users from online identity theft. 3, paragraph (b) of Republic Act No. Section 9. The Act made identity theft a separate federal crime and gave it a broad definition. document.write("1998 - "+yr); Prima Facie Evidence. Section 10. Republic Act 10175 – Cybercrime Prevention Act was signed into law last September 12, 2012. 4 hereof, except that no court order shall be required in cases involving unlawful activities defined in Sections 3(I)1, (2) and (12). Neither may such reporting be published or aired in any manner or form by the mass media, electronic mail, or other similar devices. 386 THE CIVIL CODE OF THE PHILIPPINES addresses that last example: Article 483. 6713. otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and Employees"; Republic Act No. Sec. -- Covered institutions shall report to the AMLC all covered transactions and suspicious transactions within five(5) working days from occurrences thereof, unless the Supervising Authority prescribes a longer period not exceeding ten (10) working days. SECTION 11. – It is the policy of the State to protect the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Non-Applicability on the Provisions of Theft of the Revised Penal Code. 9160 is hereby amended as follows: It is committed by the following: (a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to transacts said monetary instrument or property. Prohibited Acts. Section 2. "(2) to issue orders addressed to the appropriate Supervising Authority or the covered institutions to determine the true identity of the owner of any monetary instrument or preperty subject of a covered transaction or suspicious transaction report or request for assistance from a foreign State, or believed by the Council, on the basis fo substantial evidence, to be, in whole or in part, wherever located, representing, involving, or related to directly or indirectly, in any manner or by any means, the proceeds of an unlawful activitity. Effectivity. Transitory Provision. "To ensure compliance with this Act, the Bangko Sentral ng Pilipinas (BSP) may inquire into or examine any deposit of investment with any banking institution or non-bank financial institution when the examination is made in the course of a periodic or special examination, in accordance with the rules of examination of the BSP.chanroblesvirtuallawlibrary. 4. 6235; destructive arson and murder, as defined under the Revised Penal Code, as amended, including those perpetrated by terrorists against non-combatant persons and similar targets;cralaw, "(13) Fraudulent practices and other violations under Republic Act No. It is crafted and passed by the Congress of the Philippines and approved by the President of Philippines. Sec. Sec. Republic Act: RA. 10175 or Cybercrime Prevention Act that criminalizes online libel. 2. Towards this end, all government agencies are mandated to institute measures to ensure the safety of its citizens and their properties through the installation of data and information gathering devices and the network of national and local authorities to disseminate risk reduction warning and advice. "If the offender is a corporation, association, partnership or any juridical person, the penalty shall be imposed upon the responsible officers, as the case may be, who participated in, or allowed by their gross negligence, the commission of the crime. However, no administrative, criminal or civil proceedings, shall lie against any person for having made a covered or suspicious transaction report in the regular performance of his duties in good faith, whether or not such reporting results in any criminal prosecution under this Act of any other law. Declaration of Policy. 532;cralaw, "(8) Qualified theft under Article 310 of the Revised penal Code, as amended;cralaw, "(9) Swindling under Article 315 of the Revised Penal Code, as amended;cralaw, "(10) Smuggling under Republic Act Nos. REPUBLIC ACT NO. 15 of Republic Act No. -- Money laundering is a crime whereby the proceeds of an unlawful activity as herein defined are transacted, theeby making them appear to have originated from legitimate sources. Philippines: Cybersecurity Laws and Regulations 2021. Republic of the Philippines Congress of the Philippines Metro Manila. In the case of a breach of confidentiality that is published or reported by media, the responsible reporter, writer, president, publisher, manager and editor-in-chief shall be liable under this Act.chanroblesvirtuallawlibrary. REPUBLIC ACT NO. [REPUBLIC ACT NO. Sec. 7 of the same Act is hereby amended as follows: "SEC.7. Section 3. If they need more information, they might call you. Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress Second Regular Session ____ Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand two. 3(i) hereof, may issue a freeze order which shall be effective immediately. The law prohibits recording videos or taking photos of a sexual act, the male or female genitalia, and of the female breast, among others, without consent of the persons featured in the material. THE CRIMINAL CODE OF THE PHILIPPINES Title I General Principles Chapter 1 Applicability Section 1. BENIGNO S. AQUINO IIIPresident of the Philippines, The Lawphil Project - Arellano Law Foundation. ‘Identity theft’: Young woman’s photos stolen, used on dating app. 3. "(d) Breach of Confidentiality. Although some provisions were deemed as unconstitutional (struck down) particularly Sections 4 (c) (3), 7, 12, and 19. "Should a transaction be determined to be both a covered transaction and a suspicious transaction, the covered institution shall be required to report the same as a suspicious transaction. REPUBLIC ACT NO. 10175 ] AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES Be it enacted, by the Senate and House of Representatives of the Philippines in Congress assembled: 292, Otherwise Known as the Administrative Code of … In February last year, a public-school teacher, ... Garchitorena heads CIC, a government-owned and-controlled corporation that was set up following the creation of Republic Act No. Any person who, having found… Sec. In addition, after due notice and hearing, they shall be administratively dismissed from the service and all their benefits from the government, shall be forfeited. 10175. if (yr!=1998) ICLG - Cybersecurity Laws and Regulations - covers common issues in cybersecurity laws and regulations, including cybercrime, applicable laws, preventing attacks, specific sectors, corporate governance, litigation, insurance, and investigatory and police powers – in 26 jurisdictions. -- Existing freeze orders issued by the AMLC shall remain in force for a period of thirty (30) days after the effectivity of this Act, unless extended by the Court of Appeals. Congress of the Philippines The AMLC shall shall act unanimously in the discharge of its functions as defined hereunder: "(1) to require and receive covered or suspicious transaction reports from covered institutions;cralaw. Such information dissemination and continuing education shall: (a) Aim to develop public awareness of: (1) the ill effects of unlawful taking or stealing, tampering and buying and selling of stolen government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof; and (2) the community-based solutions to prevent the occurrence of such offense; and. 3(I) hereof or a money laundering offense under Sec. "When reporting covered or suspicious transactions to the AMLC, covered instituting and their officers and employees are prohibited from communicating directly or indirectly, in any manner or by any means, to any person or entity, the media, the fact that a covered or suspicious transaction report was made, the contents thereof, or any other information in relation thereto. AN ACT AMENDING REPUBLIC ACT NO. Creation of Anti-Money Laundering Council (AMLC). 9160, OTHERWISE KNOWN AS THE "ANTI-MONEY LAUNDERING ACT OF 2001". Sec. Metro Manila. 5655 and Senate Bill No. Scope. 14, paragraphs (c) and (d) of the same Act is hereby amended to read as follows: "(c) Malicious Reporting. : All Rights Reserved ReDiaz www.chanrobles.com. Metro Manila. Identity theft is defined when someone uses your personal information without your permission, to commit fraud or other… 7080, entitled "An Act Denning and Penalizing the Crime of Plunder"; and other laws. Republic of the Philippines. The complete list of government risk reduction and preparedness equipment, accessories and other vital facility items shall be provided jointly by the DOST and the NDRRMC to government agencies engaged in disaster preparedness. Joseph Nicol Tan Ong showed fake identification cards to claim the credit card during a sting in Greenheights Subdivision, said Senior Superintendent Guillermo Eleazar, Anti … – The following penalties are hereby imposed: (a) The penalty of imprisonment of not less than twelve (12) years but not more than fifteen (15) years or a fine of not less than One million pesos (P1,000,000.00) but not more than Three million pesos (P3,000,000.00), or both imprisonment and fine at the discretion of the court shall be imposed upon any person found guilty of stealing or unauthorized taking or possession without authority or selling or buying with intent to gain of any stolen government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof; (b) The penalty of imprisonment of not less than six (6) years but not more than ten (10) years or a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000.000.00), or both imprisonment and fine at the discretion of the court shall be imposed upon any person found guilty of unauthorized tampering, dismantling or disassembling of government risk reduction and preparedness equipment. SECTION 13. Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand two. Short Title. Section 13. 3 paragraphs B, C, E, G, H and I of republic Act No. If the offender is a public official or employee, he shall, in addition to the penalties prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the case may be. Implementing Rules and Regulations. 11 of the same Act is hereby amended to read as follows: "Sec. However, given the amendments to the value of property stolen, upon which the penalty for simple theft is based, the degree of penalty or duration of imprisonment imposed for qualified theft necessarily changed, as well. – Within ninety (90) days from the effectivity of this Act, the Secretary of Science and Technology shall in coordination with the NDRRMC, issue the implementing rules and regulations for the effective implementation of this Act. Sec. — Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent. – The government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof shall, at all times, be protected and it shall be unlawful for any person to commit any of the following acts: (a) Steal, or take, or possess any of the equipment, or any part thereof; (b) Sell or buy stolen equipment or any part thereof; (c) Tamper, dismantle, or disassemble equipment or any part thereof; (d) Attempt to commit any of the abovementioned prohibited acts; and. 8799, otherwise known as the Securities Regulation Code of 2000;cralaw, "(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries."chanroblesvirtuallawlibrary. Sec. AN ACT PENALIZING THE PILFERAGE OF ELECTRICITY AND THEFT OF ELECTRIC POWER TRANSMISSION LINES/MATERIALS, RATIONALIZING SYSTEM LOSSES BY PHASING OUT PILFERAGE LOSSES AS A COMPONENT THEREOF, AND FOR OTHER PURPOSES 7. Act Act Philippine government under United States sovereignty 1900-1935 Commonwealth Act CA Philippine Commonwealth: 1935-1946 Republic Act RA Republic 1946-72, 1987-present: Presidential Decree PD Republic under Martial Law/Fourth Republic 1972-1986 Presidential Proclamation PP Republic under Martial Law 1972-1986 Batas Pambansa BP 5. The freeze order shall be for a period of twenty (20) days unless extended by the court.chanroblesvirtuallawlibrary. AN ACT AMENDING REPUBLIC ACT NO. Sec. SECTION 1. Section 6. Any person who, with malice, or in bad faith, reports or files a completely unwarranted or false information relative to money laundering transaction against any person shall be subject to a penalty to six (6) months to four (4) years imprisonment and a fine of not less than One hundred thousand Philippine pesos (Php100,000.00) but not more than Five hundred thousand Philippine pesos (Php500,000.00), at the discretion of the court: Provided, That the offender is not entitled to avail the benefits of the Probation Law. (c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so." 10 of the same Act is hereby amended to read as follows: "Sec 10. In response to this, Congress passed Republic Act 9995 (Anti-Photo and Video Voyeurism Act of 2009) to prevent the publication and distribution of similar material in the future. 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