Group 3
ra 10175
ra 10591
ra 10913
REPUBLIC ACT NO. 10175
SECTION 1. TITLE. This Act shall be
known as the “CYBERCRIME
PREVENTION ACT OF 2012”
Section 2. Declaration of Policy. — The State
recognizes the vital role of information and
communications industries such as content
production, telecommunications, broadcasting
electronic commerce, and data processing, in the
nation’s overall social and economic development.
The State also recognizes the importance of
providing an environment conducive to the
development, acceleration, and rational application
and exploitation of information and communications
technology (ICT) to attain free, easy, and intelligible
access
to exchange and/or delivery of information; and the
need to protect and safeguard the integrity of
computer, computer and communications systems,
networks, and databases, and the confidentiality,
integrity, and availability of information and data
stored therein, from all forms of misuse, abuse, and
illegal access by making punishable under the law such
conduct or conducts. In this light, the State shall adopt
sufficient powers to effectively prevent and combat
such offenses by facilitating their detection,
investigation, and prosecution at both the domestic
and international levels, and by providing arrangements
for fast and reliable international cooperation.
CHAPTER II
PUNISHABLE ACTS
Section 4. Cybercrime Offenses. — The
following acts constitute the offense of
cybercrime punishable under this Act:
a) Offenses against the confidentiality, integrity
and availability of computer data and systems:
(1) Illegal Access. – The access to the whole or
any part of a computer system without right.
(2) Illegal Interception. – The interception made by
technical means without right of any non-public
transmission of computer data to, from, or within a
computer system including electromagnetic emissions
from a computer system carrying such computer
data.
(3) Data Interference. — The intentional or reckless
alteration, damaging, deletion or deterioration of
computer data, electronic document, or electronic
data message, without right, including the introduction
or transmission of viruses.
(4) System Interference. — The intentional alteration
or reckless hindering or interference with the
functioning of a computer or computer network by
inputting, transmitting, damaging, deleting, deteriorating,
altering or suppressing computer data or program,
electronic document, or electronic data message,
without right or authority, including the introduction or
transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation,
distribution, or otherwise making available, without right,
of:
(aa) A device, including a computer program, designed
or adapted primarily for the purpose of committing
any of the offenses under this Act; or
(bb) A computer password, access code, or similar
data by which the whole or any part of a computer
system is capable of being accessed with intent that it
be used for the purpose of committing any of the
offenses under this Act.
(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 offenses under this section.
(6) Cyber-squatting. – 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 such a domain name is:
(i) Similar, identical, or confusingly similar to an existing
trademark registered with the appropriate
government agency at the time of the domain name
registration:
(ii) Identical or in any way similar with the name of a
person other than the registrant, in case of a
personal name; and
(iii) Acquired without right or with intellectual
property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data
without right resulting in inauthentic data with the intent that
it be considered or acted upon for legal purposes as if it
were authentic, regardless whether or not the data is
directly readable and intelligible; or
(ii) The act of knowingly using computer data which is the
product of computer-related forgery as defined herein,
for the purpose of perpetuating a fraudulent or dishonest
design.
(2) Computer-related Fraud. — The unauthorized input,
alteration, or deletion of computer data or program or
interference in the functioning of a computer system,
causing damage thereby with fraudulent intent:
Provided, That if no
damage has yet been caused, the penalty imposable shall
be one (1) degree lower.
(3) 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.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance, control,
or operation, directly or indirectly, of any lascivious
exhibition of sexual organs or sexual activity, with the aid of
a computer system, for favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts
defined and punishable by Republic Act No. 9775 or the
Anti-Child Pornography Act of 2009, committed through a
computer system: Provided, That the penalty to be imposed
shall be (1) one degree higher than that provided for in
Republic Act No. 9775.
(3) Unsolicited Commercial Communications. — The
transmission of commercial electronic communication
with the use of computer system which seek to
advertise, sell, or offer for sale products and
services are prohibited unless:
(i) There is prior affirmative consent from the
recipient; or
(ii) The primary intent of the communication is for
service and/or administrative announcements from
the sender to its existing users, subscribers or
customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication
contains a simple, valid, and reliable way for the
recipient to reject. receipt of further commercial
electronic messages (opt-out) from the same source;
(bb) The commercial electronic communication does
not purposely disguise the source of the electronic
message; and
(cc) The commercial electronic communication
does not purposely include misleading information
in any part of the message in order to induce the
recipients to read the message.
(4) Libel. — The unlawful or prohibited acts of libel
as defined in Article 355 of the Revised Penal
Code, as amended, committed through a computer
system or any other similar means which may be
devised in the future.
Section 5. Other Offenses. — The following acts shall
also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime.
– Any person who willfully abets or aids in the
commission of any of the offenses enumerated in this
Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. — Any
person who willfully attempts to commit any of the
offenses enumerated in this Act shall be held liable.
Section 8. Penalties. — Any person found guilty of any
of the punishable acts enumerated in Sections 4(a)
and 4(b) of this Act shall be punished with
imprisonment of prision mayor or a fine of at least
Two hundred thousand pesos (PhP200,000.00) up to
a maximum amount commensurate to the damage
incurred or both.
Any person found guilty of the punishable act under
Section 4(a)(5) shall be punished with imprisonment of
prision mayor or a fine of not more than Five
hundred thousand pesos (PhP500,000.00) or both.
If punishable acts in Section 4(a) are committed
against critical infrastructure, the penalty of
reclusion temporal or a fine of at least Five
hundred thousand pesos (PhP500,000.00) up to
maximum amount commensurate to the damage
incurred or both, shall be imposed.
Any person found guilty of any of the punishable
acts enumerated in Section 4(c)(1) of this Act
shall be punished with imprisonment of prision
mayor or a fine of at least Two hundred
thousand pesos (PhP200,000.00) but not
exceeding One million pesos (PhPl,000,000.00) or
both.
Any person found guilty of any of the
punishable acts enumerated in Section 4(c)(2) of
this Act shall be punished with the penalties as
enumerated in Republic Act No. 9775 or the
"Anti-Child Pornography Act of 2009″: Provided,
That the penalty to be imposed shall be one (1)
degree higher than that provided for in Republic
Act No. 9775, if committed through a computer
system.
Any person found guilty of any of the
punishable acts enumerated in Section 4(c)(3)
shall be punished with imprisonment of arresto
mayor or a fine of at least Fifty thousand
pesos (PhP50,000.00) but not exceeding Two
hundred fifty thousand pesos (PhP250,000.00)
or both.
Any person found guilty of any of the punishable
acts enumerated in Section 5 shall be punished with
imprisonment one (1) degree lower than that of the
prescribed penalty for the offense or a fine of at
least One hundred thousand pesos (PhPl00,000.00)
but not exceeding Five hundred thousand pesos
(PhP500,000.00) or both.
Section 31. Effectivity. — This Act shall take
effect fifteen (15) days after the completion
of its publication in the Official Gazette or in
at least two (2) newspapers of general
circulation.
REPUBLI ACT NO. 10591
Section 1. Short Title. – This Act
shall be known as the
"Comprehensive Firearms and
Ammunition Regulation Act".
Section 2. Declaration of State Policy. – It is the
policy of the State to maintain peace and order
and protect the people against violence. The
State also recognizes the right of its qualified
citizens to self-defense through, when it is the
reasonable means to repel the unlawful
aggression under the circumstances, the use of
firearms. Towards this end, the State shall
provide for a
comprehensive law regulating the ownership,
possession, carrying, manufacture, dealing in and
importation of firearms, ammunition, or parts
thereof, in order to provide legal support to law
enforcement agencies in their campaign against
crime, stop the proliferation of illegal firearms or
weapons and the illegal manufacture of firearms
or weapons, ammunition and parts thereof.
ARTICLE V
PENAL PROVISIONS
Section 28. Unlawful Acquisition, or
Possession of Firearms and Ammunition. –
The unlawful acquisition, possession of
firearms and ammunition shall be penalized
as follows:
(a) The penalty of prision mayor in its medium
period shall be imposed upon any person who
shall unlawfully acquire or possess a small arm;
(b) The penalty of reclusion temporal to
reclusion perpetua shall be imposed if three
(3) or more small arms or Class-A light
weapons are unlawfully acquired or possessed
by any person;
(c) The penalty of prision mayor in its maximum
period shall be imposed upon any person who shall
unlawfully acquire or possess a Class-A light
weapon;
(d) The penalty of reclusion perpetua shall be
imposed upon any person who shall, unlawfully
acquire or possess a Class-B light weapon;
(e) The penalty of one (1) degree higher than that provided
in paragraphs (a) to (c) in this section shall be imposed
upon any person who shall unlawfully possess any firearm
under any or combination of the following conditions:
(1) Loaded with ammunition or inserted with a loaded
magazine;
(2) Fitted or mounted with laser or any gadget used to
guide the shooter to hit the target such as thermal
weapon sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm
muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic
bursts.
(f) The penalty of prision mayor in its minimum period
shall be imposed upon any person who shall unlawfully
acquire or possess a major part of a small arm;
(g) The penalty of prision mayor in its minimum period shall
be imposed upon any person who shall unlawfully acquire
or possess ammunition for a small arm or Class-A light
weapon. If the violation of this paragraph is committed by
the same person charged with the unlawful acquisition or
possession of a small arm, the former violation shall be
absorbed by the latter;
(h) The penalty of prision mayor in its medium period shall
be imposed upon any person who shall unlawfully acquire
or possess a major part of a Class-A light weapon;
(i) The penalty of prision mayor in its medium period shall be
imposed upon any person who shall unlawfully acquire or
possess ammunition for a Class-A light weapon. If the
violation of this paragraph is committed by the same person
charged with the unlawful acquisition or possession of a
Class-A light weapon, the former violation shall be absorbed
by the latter;
(j) The penalty of prision mayor in its maximum period shall
be imposed upon any person who shall unlawfully acquire or
possess a major part of a Class-B light weapon; and
(k) The penalty of prision mayor in its maximum
period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a
Class-B light weapon. If the violation of this
paragraph is committed by the same person
charged with the unlawful acquisition or
possession of a Class-B light weapon, the former
violation shall be absorbed by the latter.
Section 29. Use of Loose Firearm in the Commission
of a Crime. – The use of a loose firearm, when
inherent in the commission of a crime punishable
under the Revised Penal Code or other special laws,
shall be considered as an aggravating circumstance:
Provided, That if the crime committed with the use
of a loose firearm is penalized by the law with a
maximum penalty which is lower than that prescribed
in the preceding section for illegal possession of
firearm, the penalty for illegal possession of firearm
shall be imposed in lieu of the penalty for the crime
charged:
Provided, further, That if the crime committed with the
use of a loose firearm is penalized by the law with a
maximum penalty which is equal to that imposed under the
preceding section for illegal possession of firearms, the
penalty of prision mayor in its minimum period shall be
imposed in addition to the penalty for the crime
punishable under the Revised Penal Code or other special
laws of which he/she is found guilty.
If the violation of this Act is in furtherance of, or
incident to, or in connection with the crime of rebellion
of insurrection, or attempted coup d’ etat, such violation
shall be absorbed as an element of the crime of rebellion
or insurrection, or attempted coup d’ etat.
If the crime is committed by the person without using
the loose firearm, the violation of this Act shall be
considered as a distinct and separate offense.
Section 30. Liability of Juridical Person. – The penalty of
prision mayor in its minimum to prision mayor in its medium
period shall be imposed upon the owner, president, manager,
director or other responsible officer of/any public or
private firm, company, corporation or entity who shall
willfully or knowingly allow any of the firearms owned by
such firm, company, corporation or entity to be used by
any person or persons found guilty of violating the
provisions of the preceding section, or willfully or knowingly
allow any of them to use unregistered firearm or firearms
without any legal authority to be carried outside of their
residence in the course of their employment.
Section 31. Absence of Permit to Carry Outside of
Residence. – The penalty of prision correccional
and a fine of Ten thousand pesos (P10,000.00) shall
be imposed upon any person who is licensed to own
a firearm but who shall carry the registered
firearm outside his/her residence without any legal
authority therefor.
Section 32. Unlawful Manufacture, Importation, Sale or
Disposition of Firearms or Ammunition or Parts Thereof,
Machinery, Tool or Instrument Used or Intended to be Used
in the Manufacture of Firearms, Ammunition or Parts
Thereof. – The penalty of reclusion temporal to reclusion
perpetua shall be imposed upon any person who shall
unlawfully engage in the manufacture, importation, sale or
disposition of a firearm or ammunition, or a major part of a
firearm or ammunition, or machinery, tool or instrument
used or intended to be used by the same person in the
manufacture of a firearm, ammunition, or a major part
thereof.
The possession of any machinery, tool or
instrument used directly in the manufacture of
firearms, ammunition, or major parts thereof by
any person whose business, employment or
activity does not lawfully deal with the
possession of such article, shall be prima facie
evidence that such article is intended to be used
in the unlawful or illegal manufacture of
firearms, ammunition or parts thereof.
The penalty of prision mayor in its minimum period
to prision mayor in its medium period shall be
imposed upon any laborer, worker or employee of
a licensed firearms dealer who shall unlawfully
take, sell or otherwise dispose of parts of
firearms or ammunition which the company
manufactures and sells, and other materials used
by the company in the manufacture or sale of
firearms or ammunition. The buyer or possessor
of such stolen part or material, who is aware that
such part or material was stolen, shall suffer the
same penalty as the laborer, worker or employee.
If the violation or offense is committed by a
corporation, partnership, association or other
juridical entity, the penalty provided for in this
section shall be imposed upon the directors,
officers, employees or other officials or
persons therein who knowingly and willingly
participated in the unlawful act.
Section 33. Arms Smuggling. – The penalty of
reclusion perpetua shall be imposed upon any
person who shall engage or participate in
arms smuggling as defined in this Act.
Section 34. Tampering, Obliteration or Alteration of
Firearms Identification. – The penalty of prision
correccional to prision mayor in its minimum period
shall be imposed upon any person who shall tamper,
obliterate or alter without authority the barrel, slide,
frame, receiver, cylinder, or bolt assembly, including the
name of the maker, model, or serial number of any
firearm, or who shall replace without authority the
barrel, slide, frame, receiver, cylinder, or bolt assembly,
including its individual or peculiar identifying
characteristics essential in forensic examination of a
firearm or light weapon.
The PNP shall place this information, including its
individual or peculiar identifying characteristics
into the database of integrated firearms
identification system of the PNP Crime
Laboratory for future use and identification of
a particular firearm.
Section 35. Use of an Imitation Firearm. – An
imitation firearm used in the commission of a
crime shall be considered a real firearm as
defined in this Act and the person who committed
the crime shall be punished in accordance with this
Act: Provided, That injuries caused on the occasion
of the conduct of competitions, sports, games, or
any recreation activities involving imitation
firearms shall not be punishable under this Act.
Section 36. In Custodia Legis. – During the
pendency of any case filed in violation of this Act,
seized firearm, ammunition, or parts thereof,
machinery, tools or instruments shall remain in the
custody of the court. If the court decides that it
has no adequate means to safely keep the same,
the court shall issue an order to turn over to the
PNP Crime Laboratory such firearm, ammunition,
or parts thereof,
machinery, tools or instruments in its custody
during the pendency of the case and to produce
the same to the court when so ordered. No bond
shall be admitted for the release of the firearm,
ammunition or parts thereof, machinery, tool or
instrument. Any violation of this paragraph shall be
punishable by prision mayor in its minimum period to
prision mayor in its medium period.
Section 38. Liability for Planting Evidence. – The penalty of
prision mayor in its maximum period shall be imposed upon
any person who shall willfully and maliciously insert; place,
and/or attach, directly or indirectly, through any overt or
covert act, any firearm, or ammunition, or parts thereof in
the person, house, effects, or in the immediate vicinity of an
innocent individual for the purpose of implicating or
incriminating the person, or imputing the commission of any
violation of the provisions of this Act to said individual. If the
person found guilty under this paragraph is a public officer
or employee, such person shall suffer the penalty of
reclusion perpetua.
Section 40. Failure to Notify Lost or Stolen Firearm or
Light Weapon. – A fine of Ten thousand pesos (P10,000.00)
shall be imposed upon any licensed firearm holder who fails
to report to the FEO of the PNP that the subject firearm
has been lost or stolen within a period of thirty (30) days
from the date of discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall
be imposed upon any person holding a valid firearm license
who changes residence or office address other than that
indicated in the license card and fails within a period of
thirty (30) days from said transfer to notify the FEO of
the PNP of such change of address.
Section 41. Illegal Transfer/Registration of Firearms. – It
shall be unlawful to transfer possession of any firearm
to any person who has not yet obtained or secured the
necessary license or permit thereof.
The penalty of prision correccional shall be imposed
upon any person who shall violate the provision of the
preceding paragraph. In addition, he/she shall be
disqualified to apply for a license to possess other
firearms and all his/her existing firearms licenses
whether for purposes of commerce or possession,
shall be revoked.
If government-issued firearms, ammunition or
major parts of firearms or light weapons are
unlawfully disposed, sold or transferred by any
law enforcement agent or public officer to
private individuals, the penalty of reclusion
temporal shall be imposed.
Any public officer or employee or any person
who shall facilitate the registration of a
firearm through fraud, deceit,
misrepresentation or submission of falsified
documents shall suffer the penalty of prision
correccional.
Section 47. Effectivity. – This Act shall take
effect after fifteen (15) days from its
publication in a newspaper of nationwide
circulation.
REPUBLIC ACT NO. 10913
Section 1. Short Title. - This Act
shall be known as the "Anti-
Distracted Driving Act".
Section 2. Declaration of Policy. - It is hereby
declared the policy of the State to safeguard its
citizenry from the ruinous and extremely injurious
effects of vehicular accidents.
While the State recognizes the vital roles of
information and communications technology in nation-
building, the State also takes cognizance of the
inimical consequences of the unrestrained use of
electronic mobile devices on road safety as to
cause its regulation.
Section 4. Distracted Driving. - Subject to the
qualifications in Sections 5 and 6 of this Act,
distracted driving refers to the performance by
a motorist of any of the following acts in a motor
vehicle in motion or temporarily stopped at a red
light, whether diplomatic, public or private, which
are hereby declared unlawful:
(a) Using a mobile communications device to write,
send, or read a text-based communication or to
make or receive calls, and other similar acts; and
(b) Using an electronic entertainment or computing
device to play games, watch movies, surf the
internet, compose messages, read e-books, perform
calculations, and other similar acts.
Section 8. Penalties. - Any person who shall violate any
provision of this Act shall be penalized with:
(a) A fine of five thousand pesos (₱5,000.00) for the
first offense;
(b) A fine of ten thousand pesos (₱10,000.00) for the
second offense;
(c) A fine of fifteen thousand pesos (₱15,000.00) and
suspension of driver’s license for three (3) months for
the third offense; and
(d) A fine of twenty thousand pesos (₱20,000.00)
and revocation of driver’s license; Provided, That the
implementing agency may increase the amount of fine
herein imposed once every five (5) years in the
amount not exceeding ten percent (10%) of the
existing rates sought to be increased which shall take
effect only upon publication in at least two (2)
newspapers of general circulation: Provided, further,
That a driver of a public utility vehicle, a school bus,
a school service vehicle, a common carrier hauling
volatile,
flammable or toxic material, or a driver who commits
an act classified herein as distracted driving within a
fifty (50)-meter radius from the school premises
shall be subject to a penalty of thirty thousand pesos
(₱30,000.00) and suspension of one’s driver’s license
for three (3) months.
The foregoing penalties shall be imposed without
prejudice to other liabilities under the Revised Penal
Code or any special law, arising out or on occasion
of the herein prohibited acts.
Section 14. Effectivity. - This Act shall take
effect fifteen (15) days after its publication
in at least two (2) newspapers of general
circulation.

p Project Presentatimnkhihihihihihon.pdf

  • 1.
    Group 3 ra 10175 ra10591 ra 10913
  • 2.
    REPUBLIC ACT NO.10175 SECTION 1. TITLE. This Act shall be known as the “CYBERCRIME PREVENTION ACT OF 2012”
  • 3.
    Section 2. Declarationof Policy. — The State recognizes the vital role of information and communications industries such as content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access
  • 4.
    to exchange and/ordelivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.
  • 5.
    CHAPTER II PUNISHABLE ACTS Section4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act:
  • 6.
    a) Offenses againstthe confidentiality, integrity and availability of computer data and systems: (1) Illegal Access. – The access to the whole or any part of a computer system without right.
  • 7.
    (2) Illegal Interception.– The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data. (3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.
  • 8.
    (4) System Interference.— The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses. (5) Misuse of Devices.
  • 9.
    (i) The use,production, sale, procurement, importation, distribution, or otherwise making available, without right, of: (aa) A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or
  • 10.
    (bb) A computerpassword, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act. (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 offenses under this section.
  • 11.
    (6) Cyber-squatting. –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 such a domain name is: (i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration:
  • 12.
    (ii) Identical orin any way similar with the name of a person other than the registrant, in case of a personal name; and (iii) Acquired without right or with intellectual property interests in it.
  • 13.
    (b) Computer-related Offenses: (1)Computer-related Forgery. — (i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or (ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.
  • 14.
    (2) Computer-related Fraud.— The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.
  • 15.
    (3) Computer-related IdentityTheft. – 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.
  • 16.
    (c) Content-related Offenses: (1)Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration. (2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775.
  • 17.
    (3) Unsolicited CommercialCommunications. — The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless: (i) There is prior affirmative consent from the recipient; or (ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or
  • 18.
    (iii) The followingconditions are present: (aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject. receipt of further commercial electronic messages (opt-out) from the same source; (bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and
  • 19.
    (cc) The commercialelectronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message. (4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.
  • 20.
    Section 5. OtherOffenses. — The following acts shall also constitute an offense: (a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable. (b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.
  • 21.
    Section 8. Penalties.— Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both. Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both.
  • 22.
    If punishable actsin Section 4(a) are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to maximum amount commensurate to the damage incurred or both, shall be imposed.
  • 23.
    Any person foundguilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos (PhPl,000,000.00) or both.
  • 24.
    Any person foundguilty of any of the punishable acts enumerated in Section 4(c)(2) of this Act shall be punished with the penalties as enumerated in Republic Act No. 9775 or the "Anti-Child Pornography Act of 2009″: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775, if committed through a computer system.
  • 25.
    Any person foundguilty of any of the punishable acts enumerated in Section 4(c)(3) shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both.
  • 26.
    Any person foundguilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (PhPl00,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00) or both.
  • 27.
    Section 31. Effectivity.— This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.
  • 28.
    REPUBLI ACT NO.10591 Section 1. Short Title. – This Act shall be known as the "Comprehensive Firearms and Ammunition Regulation Act".
  • 29.
    Section 2. Declarationof State Policy. – It is the policy of the State to maintain peace and order and protect the people against violence. The State also recognizes the right of its qualified citizens to self-defense through, when it is the reasonable means to repel the unlawful aggression under the circumstances, the use of firearms. Towards this end, the State shall provide for a
  • 30.
    comprehensive law regulatingthe ownership, possession, carrying, manufacture, dealing in and importation of firearms, ammunition, or parts thereof, in order to provide legal support to law enforcement agencies in their campaign against crime, stop the proliferation of illegal firearms or weapons and the illegal manufacture of firearms or weapons, ammunition and parts thereof.
  • 31.
    ARTICLE V PENAL PROVISIONS Section28. Unlawful Acquisition, or Possession of Firearms and Ammunition. – The unlawful acquisition, possession of firearms and ammunition shall be penalized as follows:
  • 32.
    (a) The penaltyof prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a small arm; (b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or more small arms or Class-A light weapons are unlawfully acquired or possessed by any person;
  • 33.
    (c) The penaltyof prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess a Class-A light weapon; (d) The penalty of reclusion perpetua shall be imposed upon any person who shall, unlawfully acquire or possess a Class-B light weapon;
  • 34.
    (e) The penaltyof one (1) degree higher than that provided in paragraphs (a) to (c) in this section shall be imposed upon any person who shall unlawfully possess any firearm under any or combination of the following conditions: (1) Loaded with ammunition or inserted with a loaded magazine; (2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target such as thermal weapon sight (TWS) and the like;
  • 35.
    (3) Fitted ormounted with sniper scopes, firearm muffler or firearm silencer; (4) Accompanied with an extra barrel; and (5) Converted to be capable of firing full automatic bursts. (f) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a small arm;
  • 36.
    (g) The penaltyof prision mayor in its minimum period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a small arm or Class-A light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a small arm, the former violation shall be absorbed by the latter; (h) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a Class-A light weapon;
  • 37.
    (i) The penaltyof prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a Class-A light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a Class-A light weapon, the former violation shall be absorbed by the latter; (j) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a Class-B light weapon; and
  • 38.
    (k) The penaltyof prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a Class-B light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a Class-B light weapon, the former violation shall be absorbed by the latter.
  • 39.
    Section 29. Useof Loose Firearm in the Commission of a Crime. – The use of a loose firearm, when inherent in the commission of a crime punishable under the Revised Penal Code or other special laws, shall be considered as an aggravating circumstance: Provided, That if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is lower than that prescribed in the preceding section for illegal possession of firearm, the penalty for illegal possession of firearm shall be imposed in lieu of the penalty for the crime charged:
  • 40.
    Provided, further, Thatif the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is equal to that imposed under the preceding section for illegal possession of firearms, the penalty of prision mayor in its minimum period shall be imposed in addition to the penalty for the crime punishable under the Revised Penal Code or other special laws of which he/she is found guilty.
  • 41.
    If the violationof this Act is in furtherance of, or incident to, or in connection with the crime of rebellion of insurrection, or attempted coup d’ etat, such violation shall be absorbed as an element of the crime of rebellion or insurrection, or attempted coup d’ etat. If the crime is committed by the person without using the loose firearm, the violation of this Act shall be considered as a distinct and separate offense.
  • 42.
    Section 30. Liabilityof Juridical Person. – The penalty of prision mayor in its minimum to prision mayor in its medium period shall be imposed upon the owner, president, manager, director or other responsible officer of/any public or private firm, company, corporation or entity who shall willfully or knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding section, or willfully or knowingly allow any of them to use unregistered firearm or firearms without any legal authority to be carried outside of their residence in the course of their employment.
  • 43.
    Section 31. Absenceof Permit to Carry Outside of Residence. – The penalty of prision correccional and a fine of Ten thousand pesos (P10,000.00) shall be imposed upon any person who is licensed to own a firearm but who shall carry the registered firearm outside his/her residence without any legal authority therefor.
  • 44.
    Section 32. UnlawfulManufacture, Importation, Sale or Disposition of Firearms or Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or Intended to be Used in the Manufacture of Firearms, Ammunition or Parts Thereof. – The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall unlawfully engage in the manufacture, importation, sale or disposition of a firearm or ammunition, or a major part of a firearm or ammunition, or machinery, tool or instrument used or intended to be used by the same person in the manufacture of a firearm, ammunition, or a major part thereof.
  • 45.
    The possession ofany machinery, tool or instrument used directly in the manufacture of firearms, ammunition, or major parts thereof by any person whose business, employment or activity does not lawfully deal with the possession of such article, shall be prima facie evidence that such article is intended to be used in the unlawful or illegal manufacture of firearms, ammunition or parts thereof.
  • 46.
    The penalty ofprision mayor in its minimum period to prision mayor in its medium period shall be imposed upon any laborer, worker or employee of a licensed firearms dealer who shall unlawfully take, sell or otherwise dispose of parts of firearms or ammunition which the company manufactures and sells, and other materials used by the company in the manufacture or sale of firearms or ammunition. The buyer or possessor of such stolen part or material, who is aware that such part or material was stolen, shall suffer the same penalty as the laborer, worker or employee.
  • 47.
    If the violationor offense is committed by a corporation, partnership, association or other juridical entity, the penalty provided for in this section shall be imposed upon the directors, officers, employees or other officials or persons therein who knowingly and willingly participated in the unlawful act.
  • 48.
    Section 33. ArmsSmuggling. – The penalty of reclusion perpetua shall be imposed upon any person who shall engage or participate in arms smuggling as defined in this Act.
  • 49.
    Section 34. Tampering,Obliteration or Alteration of Firearms Identification. – The penalty of prision correccional to prision mayor in its minimum period shall be imposed upon any person who shall tamper, obliterate or alter without authority the barrel, slide, frame, receiver, cylinder, or bolt assembly, including the name of the maker, model, or serial number of any firearm, or who shall replace without authority the barrel, slide, frame, receiver, cylinder, or bolt assembly, including its individual or peculiar identifying characteristics essential in forensic examination of a firearm or light weapon.
  • 50.
    The PNP shallplace this information, including its individual or peculiar identifying characteristics into the database of integrated firearms identification system of the PNP Crime Laboratory for future use and identification of a particular firearm.
  • 51.
    Section 35. Useof an Imitation Firearm. – An imitation firearm used in the commission of a crime shall be considered a real firearm as defined in this Act and the person who committed the crime shall be punished in accordance with this Act: Provided, That injuries caused on the occasion of the conduct of competitions, sports, games, or any recreation activities involving imitation firearms shall not be punishable under this Act.
  • 52.
    Section 36. InCustodia Legis. – During the pendency of any case filed in violation of this Act, seized firearm, ammunition, or parts thereof, machinery, tools or instruments shall remain in the custody of the court. If the court decides that it has no adequate means to safely keep the same, the court shall issue an order to turn over to the PNP Crime Laboratory such firearm, ammunition, or parts thereof,
  • 53.
    machinery, tools orinstruments in its custody during the pendency of the case and to produce the same to the court when so ordered. No bond shall be admitted for the release of the firearm, ammunition or parts thereof, machinery, tool or instrument. Any violation of this paragraph shall be punishable by prision mayor in its minimum period to prision mayor in its medium period.
  • 54.
    Section 38. Liabilityfor Planting Evidence. – The penalty of prision mayor in its maximum period shall be imposed upon any person who shall willfully and maliciously insert; place, and/or attach, directly or indirectly, through any overt or covert act, any firearm, or ammunition, or parts thereof in the person, house, effects, or in the immediate vicinity of an innocent individual for the purpose of implicating or incriminating the person, or imputing the commission of any violation of the provisions of this Act to said individual. If the person found guilty under this paragraph is a public officer or employee, such person shall suffer the penalty of reclusion perpetua.
  • 55.
    Section 40. Failureto Notify Lost or Stolen Firearm or Light Weapon. – A fine of Ten thousand pesos (P10,000.00) shall be imposed upon any licensed firearm holder who fails to report to the FEO of the PNP that the subject firearm has been lost or stolen within a period of thirty (30) days from the date of discovery. Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any person holding a valid firearm license who changes residence or office address other than that indicated in the license card and fails within a period of thirty (30) days from said transfer to notify the FEO of the PNP of such change of address.
  • 56.
    Section 41. IllegalTransfer/Registration of Firearms. – It shall be unlawful to transfer possession of any firearm to any person who has not yet obtained or secured the necessary license or permit thereof. The penalty of prision correccional shall be imposed upon any person who shall violate the provision of the preceding paragraph. In addition, he/she shall be disqualified to apply for a license to possess other firearms and all his/her existing firearms licenses whether for purposes of commerce or possession, shall be revoked.
  • 57.
    If government-issued firearms,ammunition or major parts of firearms or light weapons are unlawfully disposed, sold or transferred by any law enforcement agent or public officer to private individuals, the penalty of reclusion temporal shall be imposed. Any public officer or employee or any person who shall facilitate the registration of a firearm through fraud, deceit, misrepresentation or submission of falsified documents shall suffer the penalty of prision correccional.
  • 58.
    Section 47. Effectivity.– This Act shall take effect after fifteen (15) days from its publication in a newspaper of nationwide circulation.
  • 59.
    REPUBLIC ACT NO.10913 Section 1. Short Title. - This Act shall be known as the "Anti- Distracted Driving Act".
  • 60.
    Section 2. Declarationof Policy. - It is hereby declared the policy of the State to safeguard its citizenry from the ruinous and extremely injurious effects of vehicular accidents. While the State recognizes the vital roles of information and communications technology in nation- building, the State also takes cognizance of the inimical consequences of the unrestrained use of electronic mobile devices on road safety as to cause its regulation.
  • 61.
    Section 4. DistractedDriving. - Subject to the qualifications in Sections 5 and 6 of this Act, distracted driving refers to the performance by a motorist of any of the following acts in a motor vehicle in motion or temporarily stopped at a red light, whether diplomatic, public or private, which are hereby declared unlawful:
  • 62.
    (a) Using amobile communications device to write, send, or read a text-based communication or to make or receive calls, and other similar acts; and (b) Using an electronic entertainment or computing device to play games, watch movies, surf the internet, compose messages, read e-books, perform calculations, and other similar acts.
  • 63.
    Section 8. Penalties.- Any person who shall violate any provision of this Act shall be penalized with: (a) A fine of five thousand pesos (₱5,000.00) for the first offense; (b) A fine of ten thousand pesos (₱10,000.00) for the second offense; (c) A fine of fifteen thousand pesos (₱15,000.00) and suspension of driver’s license for three (3) months for the third offense; and
  • 64.
    (d) A fineof twenty thousand pesos (₱20,000.00) and revocation of driver’s license; Provided, That the implementing agency may increase the amount of fine herein imposed once every five (5) years in the amount not exceeding ten percent (10%) of the existing rates sought to be increased which shall take effect only upon publication in at least two (2) newspapers of general circulation: Provided, further, That a driver of a public utility vehicle, a school bus, a school service vehicle, a common carrier hauling volatile,
  • 65.
    flammable or toxicmaterial, or a driver who commits an act classified herein as distracted driving within a fifty (50)-meter radius from the school premises shall be subject to a penalty of thirty thousand pesos (₱30,000.00) and suspension of one’s driver’s license for three (3) months. The foregoing penalties shall be imposed without prejudice to other liabilities under the Revised Penal Code or any special law, arising out or on occasion of the herein prohibited acts.
  • 66.
    Section 14. Effectivity.- This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.