The document is a draft bill for the Cybercrime Prevention Act of 2012 being considered by the Senate of the Philippines. It aims to define cybercrime offenses and provide for the prevention, investigation and punishment of such offenses. Some key points covered include defining terms related to computers, computer data and systems; classifying illegal access, interception and interference with computer systems and data as cybercrime offenses; and clarifying the role of service providers in relation to interception or monitoring of communications data.

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CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
Second Regular Session
SENA T E
S. No. 2796
PREPARED AND SUBMITTED JOINTLY BY THE COMMITTEES ON SCIENCE
AND TECHNOLOGY; CONSTITUTIONAL AMENDMENTS,
REVISION OF CODES AND LAWS; EDUCATION, ARTS AND
CULTURE; JUSTICE AND HUMAN RIGHTS; TRADE AND
COMMERCE; PUBLIC INFORMATION AND MASS MEDIA AND
FINANCE WITH SENATORS TRILLANES, ANGARA, ENRILE,
ESTRADA, LAPID, VILLAR, DEFENSOR SANTIAGO, MARCOS,
REVILLA JR. AND LEGARDA AS AUTHORS
AN ACT DEFINING CYBERCRIME, PROVIDING FOR
PREVENTION, INVESTIGATION AND IMPOSITION OF
PENALTIES THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
1 CHAPTER I PRELIMINARY PROVISIONS
2 SECTION 1. Title. This Act shall be known as the
3 ybercrime Prevention Act of 2012

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1 SEC. 2. Declaration of Policy. The State recognizes the vital
2 role of information and communications industries such as content
3 production, telecommunications, broadcasting, electronic commerce,
4
5 development. The State also recognizes the importance of providing an
6 environment conducive to the development, acceleration, and rational
7 application and exploitation of information and communications
8 technology to attain free, easy, and intelligible access to exchange
9 and/or delivery of information; and the need to protect and safeguard
10 the integrity of computer, computer and communications systems,
11 networks, and databases, and the confidentiality, integrity, and
12 availability of information and data stored therein, from all forms of
13 misuse, abuse, and illegal access by making punishable under the law
14 such conduct or conducts. In this light, the State shall adopt sufficient
15 powers to effectively prevent and combat such offenses by facilitating
16 their detection, investigation, and prosecution at both the domestic and
17 international levels, and by providing arrangements for fast and reliable
18 international cooperation.
19 SEC. 3. Definition of Terms. For purposes of this Act, the
20 following terms are hereby defined as follows:

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1 a) Access refers to the instruction, communication
2 with, storing data in, retrieving data from, or otherwise making use of
3 any resources of a computer system or communication network;
4 b) Alteration refers to the modification or change, in
5 form or substance, of an existing computer data or program;
6 c) Communication refers to the transmission of
7 information including voice and non-voice data;
8 d) Computer an electronic, magnetic, optical,
9 electrochemical, or other data processing or communications device, or
10 grouping of such devices, capable of performing logical, arithmetic,
11 routing, or storage functions and which includes any storage facility or
12 equipment or communications facility or equipment directly related to
13 or operating in conjunction with such device. It covers any type of
14 computer device including devices with data processing capabilities
15 like mobile phones and also computer networks;
16 e) Computer system means any device or a group of
17 interconnected or related devices, one or more of which, pursuant to a
18 program, performs automatic processing of data. It covers any type of
19 computer device including devices with data processing capabilities
20 like mobile phones and also computer networks. The device consisting

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1 of hardware and software may include input, output and storage
2 facilities which may stand alone or be connected in a network or other
3 similar devices. It also includes computer-data storage devices or
4 medium;
5 f) Computer Data refers to any representation of facts,
6 information, or concepts in a form suitable for processing in a computer
7 system including a program suitable to cause a computer system to
8 perform a function and includes electronic documents and/or electronic
9 data messages whether stored in local computer systems or online;
10 g) Computer Program refers to a set of instructions
11 executed by the computer;
12 h) Critical Infrastructure refers to the computer systems,
13 and/or networks, whether physical or virtual, and/or the computer
14 programs, computer data and/or traffic data so vital to this country that
15 the incapacity or destruction of or interference with such system and
16 assets would have a debilitating impact on security, national or
17 economic security, national public health and safety, or any
18 combination of those matters;
19 i) Cybersecurity refers to the collection of tools, policies,
20 risk management approaches, actions, training, best practices,

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1 assurance and technologies that can be used to protect the cyber
2
3 j) Without Right refers to either: (i) conduct undertaken
4 without or in excess of authority; or (ii) conduct not covered by
5 established legal defenses, excuses, court orders, justifications, or
6 relevant principles under the law;
7 k) Database refers to a representation of information,
8 knowledge, facts, concepts, or instructions which are being prepared,
9 processed or stored or have been prepared, processed or stored in a
10 formalized manner and which are intended for use in a computer
11 system;
12 l) Interception refers to listening to, recording, monitoring
13 or surveillance of the content of communications, including procuring
14 of the content of data, either directly, through access and use of a
15 computer system or indirectly, through the use of electronic
16 eavesdropping or tapping devices, at the same time that the
17 communication is occurring;
18 m) Service Provider refers to :

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1 1) any public or private entity that provides to
2 users of its service the ability to communicate by means of a
3 computer system; and
4 2) any other entity that processes or stores computer
5 data on behalf of such communication service or users of such
6 service;
7 n) refers to any information
8 contained in the form of computer data or any other form that is held by
9 a service provider, relating to subscribers of its services other than
10 traffic or content data and by which identity can be established;
11 1) The type of communication service used, the
12 technical provisions taken thereto and the period of service;
13 2)
14 address, telephone and other access numbers, any assigned
15 network address, billing and payment information, available on
16 the basis of the service agreement or arrangement;
17 3) Any other available information on the site of the
18 installation of communication equipment, available on the
19 basis of the service agreement or arrangement.

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1 o) Traffic Data or Non-Content Data refers to any computer
2 data other than the content of the communication, including but not
3
4 size, duration, or type of underlying service.
5 CHAPTER II PUNISHABLE ACTS
6 SEC. 4. Cybercri me Offenses. The following acts constitute
7 the offense of cybercrime punishable under this Act:
8 A) Offenses against the confidentiality, integrity and
9 availability of computer data and systems:
10 1) Illegal Access The access to the whole or any part of
11 a computer system without right.
12 2) Illegal Interception The interception made by
13 technical means without right of any non-public transmission
14 of computer data to, from, or within a computer system
15 including electromagnetic emissions from a computer system
16 carrying such computer data: Provided, however, That it shall
17 not be unlawful for an officer, employee, or agent of a service
18 provider, whose facilities are used in the transmission of
19 communications, to intercept, disclose, or use that
20 communication in the normal course of his employment while

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1 engaged in any activity that is necessary to the rendition of his
2 service or to the protection of the rights or property of the
3 service provider, except that the latter shall not utilize service
4 observing or random monitoring except for mechanical or
5 service control quality checks.
6 3) Data interference The deletion, deterioration,
7 alteration of computer data without right.
8 4) System Interference The hindering without
9 right of the functioning of a computer system by inputting,
10 transmitting, deleting or altering computer data or program.
11 5) Cyber-squatting The acquisition of a domain
12 name over the internet in bad faith to profit, mislead,
13 destroy reputation, and deprive others from registering the
14 same, if such a domain name is:
15 i. Similar, identical, or confusingly similar to an
16 existing trademark registered with the appropriate
17 government agency at the time of the domain name
18 registration;

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1 ii. Identical or in any way similar with the name of a
2 person other than the registrant, in case of a
3 personal name; and
4 iii. Acquired without right or with intellectual property
5 interests in it.
6 6) Misuse of Devices
7 a. The use, production, sale, procurement, importation,
8 distribution, or otherwise making available, without
9 right, of:
10 i. a device, including a computer program, designed
11 or adapted primarily for the purpose of committing any
12 of the offenses under this Act; or
13 ii. a computer password, access code, or similar data
14 by which the whole or any part of a computer system is
15 capable of being accessed with intent that it be used for
16 the purpose of committing any of the offenses under
17 this Act;.
18 b. The possession of an item referred to in paragraphs
19 6(a)(i) or (ii) above with intent to use said devices for

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1 the purpose of committing any of the offenses under
2 this section.
3 Provided, That no criminal liability shall attach when the use,
4 production, sale, procurement, importation, distribution, or
5 otherwise making available, or possession of computer
6 devices/data referred to is for the authorized testing of a
7 computer system.
8 B. Computer-related Offenses:
9 1. Computer-related Forgery (a) the input, alteration, or
10 deletion of any computer data without right resulting in
11 inauthentic data with the intent that it be considered or acted
12 upon for legal purposes as if it were authentic, regardless
13 whether or not the data is directly readable and intelligible; (b)
14 the act of knowingly using computer data which is the product
15 of computer-related forgery as defined herein, for the purpose
16 of perpetuating a fraudulent or dishonest design.
17 2. Computer-related Fraud the unauthorized input,
18 alteration, or deletion of computer data or program or
19 interference in the functioning of a computer system, causing
20 damage thereby with fraudulent intent: Provided, That if no

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1 damage has yet been caused, the penalty imposable shall be
2 one degree lower.
3 C. Content-related Offenses:
4 1) Cybersex The willful engagement, maintenance,
5 control, or operation, directly or indirectly, of any lascivious
6 exhibition of sexual organs or sexual activity, with the aid of a
7 computer system, for favor or consideration.
8 2) Child Pornography The unlawful or prohibited acts
9 defined and punishable by Republic Act No. 9775 or the Anti-
10 Child Pornography Act of 2009, especially as committed
11 through a computer system.
12 3) Unsolicited Commercial Communications. The
13 transmission of commercial electronic communication with the
14 use of computer system which seek to advertise, sell, or offer
15 for sale products and services are prohibited unless:
16 a) There is a prior affirmative consent from the
17 recipient; or
18 b) The following conditions are present:
19 i. The commercial electronic communication
20 contains a simple, valid, and reliable way for

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1 the recipient to reject receipt of further
2 -
3 from the same source;
4 ii. The commercial electronic communication
5 does not purposely disguise the source of the
6 electronic message; and
7 iii. The commercial electronic communication
8 does not purposely include misleading
9 information in any part of the message in order
10 to induce the recipients to read the message.
11 4) Libel The unlawful or prohibited acts of libel as
12 defined in Article 355 of the Revised Penal Code, as amended,
13 committed through a computer system or any other similar
14 means which may be devised in the future.
15 SEC. 5. Other Offenses. The following acts shall also
16 constitute an offense:
17 1) Aiding or Abetting in the Commission of Cybercrime.
18 Any person who willfully abets or aids in the commission of any of the
19 offenses enumerated in this Act shall be held liable.

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1 2) Attempt in the Commission of Cybercrime. Any person
2 who willfully attempts to commit any of the offenses enumerated in
3 this Act shall be held liable.
4 SEC. 6. Liability under Other Laws. A prosecution under this
5 Act shall be without prejudice to any liability for violation of any
6 provision of the Revised Penal Code, as amended or special laws.
7 CHAPTER III PENALTIES
8 SEC. 7. Penalties. Any person found guilty of any of the
9 punishable acts enumerated in Sections 4A and 4B of this Act shall be
10 punished with imprisonment of prision mayor or a fine of at least Two
11 hundred thousand pesos (PhP200,000.00) up to a maximum amount
12 commensurate to the damage incurred or both.
13 Any person found guilty of the punishable act under Section
14 4A-5 shall be punished with imprisonment of prision mayor or a fine of
15 not more than Five hundred thousand pesos (PhP500,000.00) or both.
16 If punishable acts in Section 4A are committed against critical
17 infrastructure, the penalty of reclusion temporal or a fine of at least
18 Five hundred thousand pesos (PhP500,000.00) up to maximum amount
19 commensurate to the damage incurred or both.

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1 Any person found guilty of any of the punishable acts
2 enumerated in Section 4C(1) of this Act shall be punished with
3 imprisonment of prision mayor or a fine of at least Two hundred
4 thousand pesos (PhP200,000.00) but not exceeding One million pesos
5 (PhP1,000,000.00) or both.
6 Any person found guilty of any of the punishable acts
7 enumerated in Section 4C(2) of this Act shall be punished with the
8 penalties as enumerated in Republic Act No. 9775 or the Anti-Child
9 Pornography Act of 2009.
10 Any person found guilty of any of the punishable acts
11 enumerated in Section 4C(3) shall be punished with imprisonment of
12 arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00)
13 but not exceeding Two hundred fifty thousand pesos (PhP250,000.00)
14 or both.
15 Any person found guilty of any of the punishable acts
16 enumerated in Section 5 shall be punished with imprisonment one
17 degree lower than that of the prescribed penalty for the offense or a fine
18 of at least One hundred thousand pesos (PhP100,000.00) but not
19 exceeding Five hundred thousand pesos (PhP500,000.00) or both.

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1 SEC. 8. Corporate Liability. When any of the punishable
2 acts herein defined are knowingly committed on behalf of or for the
3 benefit of a juridical person, by a natural person acting either
4 individually or as part of an organ of the juridical person, who has a
5 leading position within, based on (a) a power of representation of the
6 juridical person, (b) an authority to take decisions on behalf of the
7 juridical person, or (c) an authority to exercise control within the
8 juridical person, the juridical person shall be held liable for a fine
9 equivalent to at least double the fines imposable in Section 7 up to a
10 maximum of Ten million pesos (Php10,000,000.00).
11 If the commission of any of the punishable acts herein defined
12 was made possible due to the lack of supervision or control by a natural
13 person referred to and described in the preceding paragraph, for the
14 benefit of that juridical person by a natural person acting under its
15 authority, the juridical person shall be held liable for a fine equivalent
16 to at least double the fines imposable in Section 7 up to a maximum of
17 Five million pesos (Php5,000,000.00).
18 The liability imposed on the juridical person shall be without
19 prejudice to the criminal liability of the natural person who has
20 committed the offence.

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1 CHAPTER IV ENFORCEMENT AND IMPLEMENTATION
2 SEC. 9. Real-Ti me Collection of Traffic Data. Law
3 enforcement authorities, with due cause, shall be authorized to collect
4 or record by technical or electronic means traffic data in real-time
5 associated with specified communications transmitted by means of a
6 computer system.
7 Traffic data refer only to t
8 destination, route, time, date, size, duration, or type of underlying
9 service, but not content, nor identities.
10 All other data to be collected or seized or disclosed will require
11 a court warrant.
12 Service providers are required to cooperate and assist law
13 enforcement authorities in the collection or recording of the above-
14 stated information.
15 The court warrant required under this section shall only be
16 issued or granted upon written application and the examination under
17 oath or affirmation of the applicant and the witnesses he may produce
18 and the showing: (1) that there are reasonable grounds to believe that
19 any of the crimes enumerated hereinabove has been committed, or is
20 being committed or is about to be committed; (2) that there are

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1 reasonable grounds to believe that evidence will be obtained is
2 essential to the conviction of any person for, or to the solution of, or to
3 the prevention of, any such crimes; and (3) that there are no other
4 means readily available for obtaining such evidence.
5 SEC. 10. Preservation of Computer Data . The integrity of
6 traffic data and subscriber information relating to communication
7 services provided by a service provider shall be preserved for a
8 minimum period of six (6) months from the date of the transaction.
9 Content data shall be similarly preserved for six (6) months from the
10 date of receipt of the order from law enforcement authorities requiring
11 its preservation.
12 Law enforcement authorities may order a one-time extension
13 for another six (6) months provided that once computer data preserved,
14 transmitted or stored by a service provider is used as evidence in a case,
15 the mere furnishing to such service provider of the transmittal
16 document to the Office of the Prosecutor shall be deemed a notification
17 to preserve the computer data until the termination of the case.
18 The service provider ordered to preserve computer data shall
19 keep confidential the order and its compliance.

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1 SEC. 11. Disclosure of Computer Data. Law enforcement
2 authorities, upon securing a court warrant, shall issue an order requiring
3
4 information, traffic data or relevant data in his/its possession or control
5 within seventy-two (72) hours from receipt of the order in relation to a
6 valid complaint officially docketed and assigned for investigation and
7 the disclosure is necessary and relevant for the purpose of investigation.
8 SEC. 12. Search, Seizure, and Examination of Computer Data.
9 Where a search and seizure warrant is properly issued, the law
10 enforcement authorities shall likewise have the following powers and
11 duties:
12 Within the time period specified in the warrant, to conduct
13 interception, as defined in this Act, and:
14 1) To secure a computer system or a computer data
15 storage medium;
16 2) To make and retain a copy of those computer data secured;
17 3) To maintain the integrity of the relevant stored
18 computer data;
19 4) To conduct forensic analysis or examination of the
20 computer data storage medium; and

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1 5) To render inaccessible or remove those computer data
2 in the accessed computer or computer and communications network.
3 Pursuant thereof, the law enforcement authorities may order
4 any person who has knowledge about the functioning of the computer
5 system and the measures to protect and preserve the computer data
6 therein to provide, as is reasonable, the necessary information, to
7 enable the undertaking of the search, seizure and examination.
8 Law enforcement authorities may request for an extension of
9 time to complete the examination of the computer data storage medium
10 and to make a return thereon but in no case for a period longer than
11 thirty (30) days from date of approval by the court.
12 SEC. 13. Restricting or Blocking Access to Computer Data.
13 When a computer data is pri ma facie found to be in violation of the
14 provisions of this Act, the DOJ shall issue an order to restrict or block
15 access to such computer data.
16 SEC. 14. Non-compliance. Failure to comply with the
17 provisions of Chapter IV hereof specifically the orders from law
18 enforcement authorities shall be punished as a violation of P. D. No.
19 1829 with imprisonment of prision correctional in its maximum period
20 or a fine of One hundred thousand pesos (Php100,000.00) or both, for

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1 each and every noncompliance with an order issued by law
2 enforcement authorities.
3 SEC. 15. Duties of Law Enforcement Authorities. To ensure
4 that the technical nature of cybercrime and its prevention is given focus
5 and considering the procedures involved for international cooperation,
6 law enforcement authorities specifically the computer or technology
7 crime divisions or units responsible for the investigation of cybercrimes
8 are required to submit timely and regular reports including pre-
9 operation, post-operation and investigation results and such other
10 documents as may be required to the Department of Justice (DOJ) for
11 review and monitoring.
12 CHAPTER V JURISDICTION
13 SEC.16. Jurisdiction. The Regional Trial Court shall have
14 jurisdiction over any violation of the provisions of this Act including
15 any violation committed by a Filipino national regardless of the place
16 of commission. Jurisdiction shall lie if any of the elements was
17 committed within the Philippines or committed with the use of any
18 computer system wholly or partly situated in the country, or when by
19 such commission any damage is caused to a natural or juridical person
20 who, at the time the offense was committed, was in the Philippines.

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1 There shall be designated special cybercrime courts manned by
2 specially trained judges to handle cybercrime cases.
3 CHAPTER VI INTERNATIONAL COOPERATION
4 SEC. 17. General Principles Relating to International
5 Cooperation. All relevant international instruments on international
6 cooperation in criminal matters, arrangements agreed on the basis of
7 uniform or reciprocal legislation, and domestic laws, to the widest
8 extent possible for the purposes of investigations or proceedings
9 concerning criminal offenses related to computer systems and data, or
10 for the collection of evidence in electronic form of a criminal offense
11 shall be given full force and effect.
12 CHAPTER VII COMPETENT AUTHORITIES
13 SEC. 18. Department of Justice (D OJ). There is hereby
14 created an Office of Cybercrime within the DOJ designated as the
15 central authority in all matters related to international mutual assistance
16 and extradition.
17 SEC. 19. Department of Science and Technology Information
18 and Communications Technology Office (D O ST-ICTO). There is
19 hereby created a National Cyber Security Center (NCSC) within the
20 DOST-ICTO designated to formulate and implement a national

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1 cybersecurity plan, and extend technical assistance for the suppression
2 of real-time commission of cybercrime offenses through a Computer
3 Emergency Response Team (CERT).
4 CHAPTER VIII NATIONAL CYBERSECURITY
5 COORDINATING COUNCIL
6 SEC. 20. National Cybersecurity Coordinating Council
7 (NC C C). There is hereby created, within thirty (30) days from the
8 effectivity of this Act, A National Cybersecurity Coordinating Council
9 hereinafter referred to as NCCC, under the control and supervision of
10 the Office of the President, to formulate and implement the national
11 cybersecurity plan.
12 SEC. 21. Composition. The NCCC shall be headed by the
13 Executive Director of the DOST-ICTO as Chairman; with the Director
14 of the NBI; Chief of the PNP; Head of the DOJ Office of Cybercrime,
15 as members; and representatives from the private sector and
16 academe.
17 The NCCC shall be manned by a secretariat of selected
18 personnel and representatives from the different participating agencies.

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1 SEC. 22. Powers and Functions. The NCCC shall have the
2 following powers and functions:
3 a) To prepare and implement appropriate and effective
4 measures related to cybersecurity as provided in this Act;
5 b) To monitor cybercrime cases being handled by
6 participating law enforcement and prosecution agencies;
7 c) To coordinate the support and participation of the
8 business sector, local government units, and nongovernment
9 organizations in cybersecurity programs and other related projects;
10 d) To recommend the enactment of appropriate laws,
11 issuances, measures and policies;
12 e) To call upon any government agency to render assistance
13 in the accomplishment of the NCCC
14 f) To perform such other functions and duties as necessary.
15 CHAPTER IX FINAL PROVISIONS
16 SEC. 23. Appropriations. The amount of Fifty million pesos
17 (PhP50,000,000.00) shall be appropriated annually for the
18 implementation of this Act.
19 SEC. 24. Implementing Rules and Regulations. The
20 Department of Justice in consultation with the Department of Science

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1 and Technology and the Department of the Interior and Local
2 Government, within ninety (90) days from the effectivity of this Act,
3 shall formulate the necessary rules and regulations for the effective
4 implementation of this Act including the creation and establishment of
5 a national cyber security center with the relevant computer emergency
6 response council or team.
7 SEC. 25. Separability Clause. If any provision of this Act is
8 held invalid, the other provisions not affected shall remain in full force
9 and effect.
10 SEC. 26. Repealing Clause . . All laws, decrees, or rules
11 inconsistent with this Act are hereby repealed or modified accordingly.
12 Section 33-A of Republic Act No. 8792 or the Electronic Commerce
13 Act is hereby modified accordingly.
14 SEC. 27. Effectivity. This Act shall take effect fifteen (15)
15 days after the completion of its publication in the Official Gazette or in
16 at least two (2) newspapers of general circulation.
Approved,