The document discusses privacy and copyright issues under Philippine law. It outlines the constitutional right to privacy and exceptions for surveillance of terrorism suspects. It also discusses online defamation and intellectual property infringement. The right to privacy is not absolute and can be overridden by compelling state interests like national security, but invasions require strict scrutiny. Copyright law protects original creative works but not ideas themselves, and ownership depends on factors like whether the work was commissioned or created as an employee.

1. I. Privacy Issues:
A] Privacy Invasion
Article III Sec 2 of the 1987 Constitution (Bill of Rights):
"The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable,
and no search warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized."
Article III Sec 3 of the 1987 Constitution (Bill of Rights):
The privacy of communication and correspondence shall be inviolable except upon lawful order
of the court, or when public safety or order requires otherwise as prescribed by law.
Any evidence obtained in violation of this or the preceding section shall be inadmissible for any
purpose in any proceeding.
NOTE: Applicable provisions:
1. Human Security Act/Anti-Terrorism Law
SURVEILLANCE OF SUSPECTS AND INTERCEPTION AND
RECORDING OF COMMUNICATIONS OF SUSPECTS OR CHARGED
OF TERRORISM
Section 7. Surveillance of suspects and interception and recording of
communications. The provisions of RA 4200 (Anti-Wiretapping Law) to the
contrary notwithstanding, a police or law enforcement official and the
members of his team may, upon a written order of the Court of
Appeals, listen to, intercept and record, with the use of any mode,
form or kind or type of electronic or other surveillance equipment or intercepting
and tracking devices, or with the use of any other suitable ways or means for that
purpose, any communication, message, conversation, discussion, or spoken or
written words between members of a judicially declared and outlawed terrorist
organization, association, or group of persons or of any person charged with or
suspected of the crime of terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of communications
between lawyers and clients, doctors and patients, journalists and their sources
and confidential business correspondence shall not be authorized.

2. JUDICIAL AUTHORIZATION TO EXAMINE BANK DEPOSITS,
ACCOUNTS, AND RECORDS OF SUSPECTED OR CHARGED
TERRORISTS
Section 27. Judicial authorization required to examine bank deposits, accounts
and records.
The justices of CA designated as special court to handle anti-terrorism cases after
satisfying themselves of the existence of probable cause in a hearing called for
that purpose that:
A person charged with or suspected of the crime of terrorism or conspiracy to
commit terrorism;
Of a judicially declared and outlawed terrorist organization or group of
persons;
Of a member of such judicially declared and outlawed organization,
association or group of persons, may authorize in writing any police or law
enforcement officer and the members of his team duly authorized in writing
by the anti-terrorism council to:
1. Examine or cause the examination of, the deposits, placements, trust accounts,
assets, and records in a bank or financial institution; and
2. Gather or cause the gathering of any relevant information about such deposits,
placements, trust accounts, assets, and records from a bank or financial
institution. The bank or financial institution shall not refuse to allow such
examination or to provide the desired information, when so ordered by and
served with the written order of the Court of Appeals.
2. Electronic Commerce Act of 2000
SEC. 31. Lawful Access. –
Access to an electronic file or an electronic signature of an electronic data message
or electronic document shall only be authorized and enforced in favor of the
individual or entity having a legal right to the possession or the use of the plaintext,
electronic signature or file and solely for the authorized purposes. The electronic key
for identity or integrity shall not be made available to any person or party without the
consent of the individual or entity in lawful possession of that electronic key.
SEC. 32. Obligation of Confidentiality. –
Except for the purposes authorized under this Act, any person who obtained access to
any electronic key, electronic data message, or electronic document, book, register,
correspondence, information, or other material pursuant to any
powers conferred under this Act, shall not convey to or share the same with any other
person.

3. SEC. 33. Penalties.
(a) Hacking or cracking which refers to unauthorized access into or interference in a
computer system/server or information and communication system; or any access
in order to corrupt, alter, steal, or destroy xxx.
3. Republic Act No. 10175, Cybercrime Prevention Act of 2012
SEC. 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.
Summary
The right to privacy does not bar all incursion/attack into individual privacy. The right is
not intended to stifle/suppress scientific and technological advancements that enhance public
service and the common good. It merely requires that the law be narrowly focused and a
compelling interest justifies such intrusions. Intrusions into the right must be accompanied by
proper safeguards and well-defined standards to prevent unconstitutional intrusions. Any law or
order that invades individually privacy will be subjected by this Court to strict scrutiny.
B] Online Defamation
Republic Act No. 10175, Cybercrime Prevention Act of 2012
Section 6. All crimes defined and penalized by the Revised Penal Code, as amended,
and special laws, if committed by, through, and with the use of information and
communications technologies shall be covered by the relevant provisions of this Act.
Xxx.
Under Article 353 of the Revised Penal Code of the Philippines
Libel is defined as a public and malicious imputation of a crime, or of a vice or defect,
real or imaginary, or any act, omission, condition, status or circumstance tending to

4. discredit or cause the dishonor or contempt of a natural or juridical person, or to blacken
the memory of one who is dead. Thus, the elements of libel are:
(a) Imputation of a discreditable act or condition to another;
(b) Publication of the imputation;
(c) Identity of the person defamed; and,
(d) Existence of malice.
II. Copyright Issues
Intellectual property/copyright infringement
Copyright:
1. System of legal protection an author enjoys of the form of expression of ideas.
2. Relates to artistic creations, such as books, music, paintings and sculptures, films and
technology-based works
3. Works are protected by the sole fact of their creation, irrespective of their mode or form
of expression, as well as their content, quality and purpose.
4. Not a right to do anything but to stop others from doing something
5. Protection extends only to the expression of the idea not to the idea itself or to any
procedure, system, method or operation, concept or principle, discovery or mere data.
6. Copyright is distinct from the property in the material object subject to it.
7. Purely statutory right and right is limited to what the statute confers.
Purpose:
Not to reward the labor of authors, but to promote the progress of science and useful arts.
Requisites to be copyrightable work:
1. Originality
- It does not mean novelty or ingenuity; neither uniqueness nor creativity. It simply
means that the work “owes its origin to the author”
- Independent work of the author
- Must not be copied
- Involve some intellectual effort
2. Expression
- The work must be embodied in a copy which allows it to be seen or copied by others.
Examples of sufficient fixation include writing something on a piece of paper or
typing something into a computer and then saving/storing that information. Fixation
does not include something which is simply spoken, unless it was either previously
written down or the speech is being recorded

5. CREATOR TO WHOM IT BELONG
Single Author of the work, his heirs or assigns
Joint If work consists of UNIDENTIFIABLE parts:
co-authors jointly as co-owners, unless there is
agreement to the contrary
If work consists of UNIDENTIFIABLE parts:
author of each part owns the part that he has
created.
Employee If the creation is part of his regular duties:
employer; unless there is agreement to the
contrary
If it is not: employee
Commissioned Work Work itself: person commissioning
Copyright: creator, unless there is a written
stipulation to the contrary.
Cinematographic Works For exhibition purposes: producer
For all other purposes: producer, author of the
scenario, composer, film director, author of the
work.
Collective works Contributors is deemed to have waived his
right, unless he expressly reserves it.
Letters Writer