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Siyam na Diwata ng Sining (Nine Muses), 1994

By Napoleon Abueva

Napoleon “Billy” Abueva is a native of Bohol and is recognized as the “Father of Modern Philippine Sculpture” because of his knack for sculpting; not just with usual mediums like stone, wood, and metal. He was proclaimed as the youngest recipient of the National Artist award at the age of 46 in the year 1976. He paved way for the evolution of sculpting by inspiring the succeeding sculptors of the nation to think beyond the common mediums of sculpting. He was ingenious enough to use his transformative touch on surrounding materials like adobe, alabaster, bamboo, coral, brass, stainless steel, or sometimes even a mixture of these materials.  

The Siyam na Diwata ng Sining, or commonly known as the Nine Muses, was sculpted by Abueva in 1994. This sculpture sits on a pavilion in UP Diliman’s Hardin ng mga Diwata with nine muses who represent the different forms of art: painting, music, literature, film, theater, dance, photography, sculpture, and architecture. This was sculpted as a tribute to arts, expressing the evolution of arts, from the traditional forms of art to the newer art forms influenced by the advancement of technology. The sculpture was placed on a ring-shaped pedestal hollow for people to be able to look at the sculpture from below.

Each muse (except the muse for architecture) holds a tool that represents their art form; for example, the muse for literature carries books in her arms, or the muse for music gives the impression of a woman playing the flute. The muse for architecture does not carry anything, but instead shows a principle of architecture, like the sturdiness of a building despite of the angle the building is set on. This is why the muse for architecture has her hands held by two other muses while her body is in a leaning position, directly presenting the equilibrium that a structure should have.

The color of the sculpture retains the natural color of the used material, which represents naturalism and realism that Abueva’s artworks or sculptures have in common. The edges of the sculpture are refined and since it is a sculpture of human bodies, the artwork Is not entirely composed of geometric shapes, but organic shapes were mostly utilized for this sculpture. The delicateness of each stroke on the stone material implicates the mastery of Abueva in the field of sculpture. The details on each of the muse were perfected to really portray what was meant to be portrayed.

I think sculpting the nine muses in the university’s Hardin ng mga Diwata really wraps up the whole artwork of Abueva, as it gives more vehemence towards all facets of arts. Representing each art form with a muse can also be affiliated by how muses are seen in Greek mythology. From Abueva’s presentation of this work of his, there is more to be expected from his other sculptures. Unfortunately, the production of his works comes to a stop as he peacefully passed away last February 16 earlier this year of 2018.

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Judas’ Kiss, 1955

By Napoleon Abueva

In 1976, Napoleon Veloso Abueva at the age of 46 was the youngest Filipino to become a National Artist. Acknowledged as the “Father of Modern Philippine Sculpture”, he is an expert in both academic representational style and modern abstract. His works have been executed using almost all kinds of materials, including hard wood like molave, acacia, langka wood, ipil, kamagong, palm wood and bamboo, adobe, metal, stainless steel, cement, marble, bronze, iron, alabaster, coral, and brass. He even has a style in using materials in his art. As a contemporary artist in nature, he frequently combines native and modern materials like wood with metal and stone.

With more than 700 works to his name and  dominated by the classic Greek-inspired style of his mentor, Guillermo Tolentino, one of his works in his early 50’s that broke new ground in the field of Philippine sculpture was the “Halik” or “The Kiss of Judas”. It won the second place in the Art Association of the Philippines in 1951 and in 1955 won the first prize in the 4th Religious Art Exhibition in Detroit, Michigan.  

Abueva’s reputation as a master capable of crafting classic pieces from different materials was boosted by his creation of “The Kiss of Judas”, which he fashioned out of a single adobe block to symbolize betrayal. Aside from the historical scene that this sculpture implied to its viewers, the betrayal of Judas Iscariot to Jesus through his kiss, what it is made of, also signifies the same theme because of Abueva’s not using his usual style of combining materials. In this art he did not used the hybridity element of contemporary art and the only element present here is the space. It is now displayed and viewed at the National Museum of Fine Arts.

Describing “The Kiss of Judas” in a more detailed way, this sculpture was perched on a base, two columns made of oak reveal a pair of faces, with one, through hooded brows, staring squarely at the viewer while the other – composed of only diagonal lines – tilting towards the former, planting a kiss. It represents the iconic Biblical image of the betrayal of Jesus, encapsulated in this artwork.

Abueva’s “The Kiss of Judas” sculpture has brought significance to the modern art as being the first abstract work to be expressed in the three-dimensional form. In addition, the artwork is highly inspired by Brancusi’s style, typically using of a minimalist solid block with only a hint of lines to define the forms. Truly, it is one of the remarkable visual arts in the Philippines because as soon as it was produced by Abueva another art scene was introduced as well. And consequently, a new medium of art has existed for our artists and aspiring ones to have it utilize in expressing their own Contemporary Art.

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Mother and Child, 1953

By Napoleon Abueva

Napoleon Abueva, the man entitled as “The Father of Modern Philippine Sculpture”, sculpted “Mother and Child” during the year 1953. He sculpted it out of solid adobe which shows an abstract figure of a woman in a sitting position and holding a child. The child, meanwhile, clings on the head of his mother. Adobe, the material used, is a building material made from earth and organic materials, such as straw or dung. Adobe is Spanish for mudbrick, but in some English-speaking regions of Spanish heritage, the term is used to refer to any kind of earth construction.

Again, the sculpture made by Abueva was very artistic. For its formal elements, it had a texture that was roughly hewn from stone and also had lines that form out the legs, arms, and feet, and curves for the buttocks, breasts, and back. For its form, it was in three dimensional since it was a sculpture. Lastly, as for its design principles, it was asymmetrical which means that what was on the right side was not like what was on the left side, or basically the work does not display balance, but rather portray it. The same goes with the top and the bottom part of the sculpture. Although it is asymmetrical, it was still balanced and able to stand on its own. Also, this sculpture used hierarchical proportion since it used an unnatural proportion or scale to depict the relative importance of the figures in the artwork. As for this sculpture, it focused and gave importance to the child and the mother’s face which really showed their connection to each other and their loving relationship.

Abueva’s sculpture of “Mother and Child” is a very clear example of his whimsical departures from realism. It conveys a powerful voluptuousness and sensuality which both hint on the natural beauty of childbirth and motherhood. Inherent to the piece is the work of Romanian Constantin Brancusi and his famed “The Kiss” which was done during the year 1907. Brancusi’s work also similarly combines the sexual nature of the curve with contrasting straight lines. Abueva’s admiration of Brancusi’s works is a widely known fact which shines through much of his abstract works.

Abueva’s 1953-work, Mother and Child, truly is an artistic and popular artwork as even the National Museum prides itself with this specific sculpture.

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RA 10175 Cybercrime Prevention Act

• Punishable Acts :

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.

(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.

(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.

(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 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.

(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.

(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. REFERENCE:https://www.lawphil.net/statutes/repacts/ra2012/ra_10175_2012.html

• Punishment :

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 prison 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. REFERENCE: https://www.lawphil.net/statutes/repacts/ra2012/ra_10175_2012.html

• Exemption : It is not a crime if: (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: (a) 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; (b) The commercial electronic communication does not purposely disguise the source of the electronic message; and 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.

• Limitation/s :

When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within, based on: (a) a power of representation of the juridical person provided the act committed falls within the scope of such authority; (b) an authority to take decisions on behalf of the juridical person: Provided, That the act committed falls within the scope of such authority; or © an authority to exercise control within the juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos (PhP10,000,000.00).

If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five million pesos (PhP5,000,000.00).

The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.

• Areas for Improvement:

This law is a very important law as it prevents cybercrime in our country. With the right offenses and punishments, it has already provided enough of them to keep our country safe from cybercrime.

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RA 4200 Anti-wire Tapping Act

• Punishable Acts :

It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described:

It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the next preceding sentence, to knowingly possess any tape record, wire record, disc record, or any other such record, or copies thereof, of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law; or to replay the same for any other person or persons; or to communicate the contents thereof, either verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to any other person: Provided, That the use of such record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses mentioned in section 3 hereof, shall not be covered by this prohibition.

• Punishment :

The person who abuses this law shall be punished by imprisonment for not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification from public office if the offender be a public official at the time of the commission of the offense, and, if the offender is an alien he shall be subject to deportation proceedings.

• Exemption :

Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authorized by a written order of the Court, to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other offenses against national security

• Limitation/s :

a.) The law does not prohibit the recording of all private communications, but provides a limited and narrowly drawn exception for law enforcers.

b.) The law does not prohibit the recording of private communications that are authorized by ALL parties.

c.) There are certain territories where the law is not applicable thus punishment are not executed.

• Areas for Improvement:

This law is important to prohibit wire tapping from happening in our country.

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RA 9239 Optical Media Act

• Punishable Acts and Punishment:

(a) Imprisonment of at least three (3) years but not more than six (6) years, and a fine of not less than Five Hundred thousand pesos (Php 500,000.00) but not exceeding One Million five hundred thousand pesos (Php 1,500,000.00), at the discretion of the Court, shall be imposed on any person, natural or juridical, who shall:

(1) Engage in the importation, exportation, acquisition, sale or distribution of, or possess or operate manufacturing equipment, parts and accessories without the necessary licenses from the OMB;

(2) Engage in the mastering, manufacture, replication, importation or exportation of optical media without the necessary license from the OMB;

(3) By himself, or through another, cause the mastering, manufacture or replication of any intellectual property in optical media intended for commercial profit or pecuniary gain without authority or consent of the owner thereof;

(4) Engage in the Mastering, manufacture, or replication of optical media without affixing or installing in the resulting products the SID Code, and/or such other codes prescribed, assigned and authorized by the OMB. The absence of the codes prescribed, assigned and authorized by the OMB in any optical media shall be prima facie evidence that said optical media are in violation of this Act;

(5) Engage in the mastering, manufacture, or replication of optical media using, affixing or installing in the resulting products false SID or other codes. The presence of false or unauthorized codes shall be prima facie evidence that said optical media are in violation of this act;

(6) Engage in the mastering, manufacture, or replication of optical media using, affixing or installing in the resulting products false SID or other codes that have been assigned by the OMB to another person, or, having been assigned and authorized said codes by the OMB, allow or authorize another person, establishment or entity to use, affix or install such codes in the latter's products;

(b) Imprisonment of at least one year but not more than three years and a fine not less than one hundred thousand pesos, but not exceeding five hundred thousand pesos, at the discretion of the court, for the following offenses:

• Exemption :

The OMB may, motu proprio or upon motion of any interested party, after notice and hearing, suspend or cancel a license on any of the following grounds:

(a) when requested by the license holder;

(b) when the license holder has ceased to engage in the activities authorized under the license or in the place, location or premises indicated in the license;

(c) when the license holder has been convicted of an offense under this Act or under any other Law relating to the protection of intellectual property rights; or

(d) when the license holder is in breach of, or is unable to comply with any of the conditions prescribed in the license.

• Limitation/s :

The OMB shall within three months from the effectivity of this Act submit to the COC-OMB, the implementing rules and regulations (IRR) governing this Act. The COC-OMB shall approve the IRR within thirty days.

• Areas for Improvement:

This law is important to regulate optical media, reorganize the videogram regulatory boar, and provide penalties to those who do not follow such law.

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RA 8484 Access Devices Regulation Act

• Punishable Acts :

(a) producing, using, trafficking in one or more counterfeit access devices;

(b) trafficking in one or more unauthorized access devices or access devices fraudulently applied for;

(c) using, with intent to defraud, an unauthorized access device;

(d) using an access device fraudulently applied for;

(e) possessing one or more counterfeit access devices or access devices fraudulently applied for;

(f) producing, trafficking in, having control or custody of, or possessing device-making or altering equipment without being in the business or employment, which lawfully deals with the manufacture, issuance, or distribution of such equipment;

(g) inducing, enticing, permitting or in any manner allowing another, for consideration or otherwise to produce, use, traffic in counterfeit access devices, unauthorized access devices or access devices fraudulently applied for;

(h) multiple imprinting on more than one transaction record, sales slip or similar document, thereby making it appear that the device holder has entered into a transaction other than those which said device holder had lawfully contracted for, or submitting, without being an affiliated merchant, an order to collect from the issuer of the access device, such extra sales slip through an affiliated merchant who connives therewith, or, under false pretenses of being an affiliated merchant, present for collection such sales slips, and similar documents;

(i) disclosing any information imprinted on the access device, such as, but not limited to, the account number or name or address of the device holder, without the latter's authority or permission;

(j) obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain and fleeing thereafter;

(k) having in one's possession, without authority from the owner of the access device or the access device company, an access device, or any material, such as slips, carbon paper, or any other medium, on which the access device is written, printed, embossed, or otherwise indicated;

(l) writing or causing to be written on sales slips, approval numbers from the issuer of the access device of the fact of approval, where in fact no such approval was given, or where, if given, what is written is deliberately different from the approval actually given;

(m) making any alteration, without the access device holder's authority, of any amount or other information written on the sales slip;

 (n) effecting transaction, with one or more access devices issued to another person or persons, to receive payment or any other thing of value;

(o) without the authorization of the issuer of the access device, soliciting a person for the purpose of:

1) offering an access device; or

2) selling information regarding or an application to obtain an access device; or

(p) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent, for payment, one or more evidence or records of transactions made by credit card.

• Punishment :

(a) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, whichever is greater and imprisonment for not less than six (6) years and not more than ten (10) years, in the case of an offense under Section 9 (b)-(e), and (g)-(p) which does not occur after a conviction for another offense under Section 9;

(b) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, and imprisonment for not less than ten (10) years and for not more than twelve (12) years, in the case of an offense under Section 9 (a), and (f) of the foregoing section, which does not occur after a conviction for another offense under Section 9; and

(c) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, or imprisonment for not less than twelve (12) years and not more than twenty (20) years, or both, in the case of any offense under Section 9, which occurs after a conviction for another offense under said subsection, or an attempt to commit the same.

• Exemption :

(a) does not impose any fee in connection with paragraph (b)(1), Section 4 of this Act;

(b) does not impose any fee in connection with telephone solicitation unless the consumer signifies acceptance by using the card;

(c) discloses clearly the information described in Section 4 of this Act in writing within thirty (30) days after the consumer requests the card, but in no event later than the date of delivery of the card; and

(d) discloses clearly that the consumer is not obligated to accept the card or account and the consumer will not be obligated to pay any fees or charges disclosed unless the consumer elects to accept the card or account by using the card.

• Limitation/s :

All companies engaged in the business of issuing access devices, including banks, financing companies and other financial institutions issuing access devices, shall furnish annually, on or before the 31st of March of the succeeding year, a report to the Credit Card Association of the Philippines regarding access device frauds committed against the holders of such entities in the preceding calendar year, for consolidation and submission to the National Bureau of Investigation.

Not withstanding this requirement, banks, financing companies and other financial institutions, including their subsidiaries and affiliates, issuing access devices shall continue to be regulated and supervised by the Bangko Sentral ng Pilipinas while other companies issuing access devices shall continue to be regulated and supervised by the Securities and Exchange Commission.

• Areas for Improvement:

This law is important to prohibit fraudulent acts being committed.

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RA 8792 E-commerce Act of 2000

• Punishable Acts :

(a)    Hacking or crackling with 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 using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic documents shall be punished.

(b)    Piracy or the unauthorized copying, reproduction, dissemination, or distribution, importation, use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public, or broadcasting of protected material, electronic signature or copyrighted works including legally protected sound recordings or phonograms or information material on protected works, through the use of telecommunication networks, such as, but not limited to, the internet, in a manner that infringes intellectual property rights shall be punished.

• Punishment :

a) Hacking or crackling with 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 using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic documents shall be punished by a minimum fine of One Hundred Thousand pesos (P 100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years;

(b) Piracy or the unauthorized copying, reproduction, dissemination, or distribution, importation, use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public, or broadcasting of protected material, electronic signature or copyrighted works including legally protected sound recordings or phonograms or information material on protected works, through the use of telecommunication networks, such as, but not limited to, the internet, in a manner that infringes intellectual property rights shall be punished by a minimum fine of one hundred thousand pesos (P 100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years;

(c) Violations of the Consumer Act of Republic Act No. 7394 and other relevant to pertinent laws through transaction covered by or using electronic data messages or electronic documents, shall be penalized with the same penalties as provided in those laws;

(d) Other violations of the provisions of this Act, shall be penalized with a maximum penalty of one million pesos (P 1,000,000.00) or six (6) years imprisonment.

• Exemption :

Except as otherwise provided in this Section, no person or party shall be subject to any civil or criminal liability in respect of the electronic data message or electronic document for which the person or party acting as a service provider as defined in Section 5 merely provides access if such liability is founded on

(a) The obligations and liabilities of the parties under the electronic data message or electronic document;

(b) The making, publication, dissemination or distribution of such material or any statement made in such material, including possible infringement of any right subsisting in or in relation to such material. Provided, That:

i. The service provider does not have actual knowledge, or is not aware of the facts or circumstances from which it is apparent, that the making, publication, dissemination or distribution of such material is unlawful or infringes any rights subsisting in or in relation to such material;

ii The service provider does not knowingly receive a financial benefit directly attributable to the unlawful or infringing activity; and

iii. The service provider does not directly commit any infringement or other unlawful act and does not induce or cause another person or party to commit any infringement or other unlawful act and/or does not benefit financially from the infringing activity or unlawful act or another person or party.

• Limitation/s :

Actions Related to Contracts of Carriage of Goods. - Without derogating from the provisions of part two of this law, this chapter applies to any action in connection with, or in pursuance of, a contract of carriage of goods, including but not limited to:

(a) (i) furnishing the marks, number, quantity or weight of goods; (ii) stating or declaring the nature or value of goods; (iii) issuing a receipt for goods; (iv) confirming that goods have been loaded;

(b) (i) notifying a person of terms and conditions of the contract; (ii) giving instructions to a carrier;

(c) (i) claiming delivery of goods; (ii) authorizing release of goods; (iii) giving notice of loss of, or damage to goods;

(d) giving any other notice or statement in connection with the performance of the contract;

(e) undertaking to deliver goods to a named person or a person authorized to claim delivery;

(f) granting, acquiring, renouncing, surrendering, transferring or negotiating rights in goods;

(g) acquiring or transferring rights and obligations under the contract.

• Areas for Improvement:

This law is important as it protects the use of electronic commercial and non-commercial transactions and documents.

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RA 9775 Anti-child Pornography Act

• Punishable Acts :

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any form of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of child pornography;

(d) To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast: Provided. That possession of three (3) or more articles of child pornography of the same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast;

(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a legitimate business;

(f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation with other entities, to distribute any form of child pornography;

(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the child to engage, participate or assist in any form of child pornography;

(h) To engage in the luring or grooming of a child;

 (i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form of child pornography shall be committed when two (2) or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it; and

(l) To possess any form of child pornography.

• Punishment :

(a) Any person found guilty of syndicated child pornography as defined in Section 5 of this Act shall suffer the penalty of reclusion perpetua and a fine of not less than Two million pesos (Php2,000,000.00) but not more than Five million pesos (Php5,000,000.00);

(b) Any person found guilty of violating Section 4(a), (b) and (c) of this Act shall suffer the penalty of reclusion temporal in its maximum period and a fine of not less than One million pesos (Php1,000,000.00) but not more than Two million (Php2,000,000.00);

(c) Any person found guilty of violating Section 4(d), (e) and (f) of this Act shall suffer the penalty of reclusion temporal in its medium period and a fine of not less than Seven hundred fifty thousand pesos (Php750,000.00) but not more than One million pesos (Php1,000,000.00);

(d) Any person found guilty of violating Section 4(g) of this Act shall suffer the penalty of reclusion temporal in its minimum period and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Seven hundred thousand pesos (Php700,000.00);

(e) Any person found guilty of violating Section 4(h) of this Act shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Three hundred thousand pesos (Php300,000.00) but not more than Five hundred thousand pesos (Php500,000.00);

(f) Any person found guilty of violating Section 4(I) of this Act shall suffer the penalty of prision mayor in its minimum period and a fine of not less than Three hundred thousand pesos (php300,000.00) but not more than Five hundred thousand pesos (Php500,000.00);

(g) Any person found guilty of violating Section 4(j) of this Act shall suffer the penalty of prision correccional in its maximum period and a fine of not less than Two hundred thousand pesos (Php200,000.00) but not more than Three hundred thousand pesos (Php300,000.00);

(h) Any person found guilty of violating Section 4(k) of this Act shall suffer the penalty of prision correccional in its medium period and a fine of not less than One hundred thousand pesos (php100,000.00) but not more than Two hundred fifty thousand pesos (php250,000.00);

(i) Any person found guilty of violating Section 4(l) of this Act shall suffer the penalty of arresto mayor in its minimum period and a fine of not less than Fifty thousand pesos (Php50,000.00) but not more than One hundred thousand pesos (Php100,000.00);

(j) Any person found guilty of violating Section 11 of this Act shall suffer the penalty of prision correccional in its medium period and a fine of not less than One million pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense, the penalty shall be a fine not less than Two million pesos (Php2,000,000.00) but not more than Three million pesos (Php3,000,000.00) and revocation of its license to operate and immediate closure of the establishment;

(k) Any ISP found guilty of willfully and knowingly failing to comply with the notice and installation requirements under Section 9 of this Act shall suffer the penalty of a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) for the first offense. In case of subsequent offense, the penalty shall be a fine of not less than One million pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) and revocation of its license to operate;

(l) Any mall owner-operator and owner or lessor of other business establishments including photo developers, information technology professionals, credit card companies and banks, found guilty of willfully and knowingly failing to comply with the notice requirements under Section 10 of this Act shall suffer the penalty of a fine of not less than One million pesos (Php1,000,000.00) but not more than Two million pesos (Php2,000,000.00) for the first offense. In the case of a subsequent offense, the penalty shall be a fine of not less than Two million pesos (Php2,000,000.00) but not more than Three million pesos (Php3,000,000.00) and revocation of its license to operate and immediate closure of the establishment; and

(m) Any person found guilty of violating Section 13 of this Act shall suffer the penalty of arresto mayor in its minimum period and a fine of not less than One hundred thousand pesos (Php100,000.00) but not more than Three hundred thousand pesos (Php300,000.00).

• Exemption :

(1) Members of the court staff for administrative use;

(2) The prosecuting attorney;

(3) Defense counsel;

(4) The guardian ad litem;

(5) Agents of investigating law enforcement agencies and

(6) Other persons as determined by the court.

• Limitation/s :

(a) Provision of mandatory services including counseling free legal services, medical or psychological services, livelihood and skills training and educational assistance to the child pursuant to Section 18 of this Act;

(b) Sponsorship of a national research program on any form of child pornography and other acts covered by the law and the establishment of a data collection system for monitoring and evaluation purposes;

(c) Provision of necessary technical and material support services to appropriate government agencies and nongovernmental organizations:

(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the public, the academe, government, nongovernmental and international organizations and

(e) Promotion of information and education campaign.

• Areas for Improvement:

This law is important since it protects us from committing or being a victim of child pornography.

[elijahmanapat-blog]

RA 9995 Anti-photo & video Voyeurism Act

• Punishable Acts :

(a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public area, buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy;

(b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration;

(c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or

(d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device.

• Punishment :

The penalty of imprisonment of not less that three (3) years but not more than seven (7) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court shall be imposed upon any person found guilty of violating Section 4 of this Act.

If the violator is a juridical person, its license or franchise shall be automatically be deemed revoked and the persons liable shall be the officers thereof including the editor and reporter in the case of print media, and the station manager, editor and broadcaster in the case of a broadcast media.

If the offender is a public officer or employee, or a professional, he/she shall be administratively liable.

If the offender is an alien, he/she shall be subject to deportation proceedings after serving his/her sentence and payment of fines.

• Exemption :

Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authorized by a written order of the court, to use the record or any copy thereof as evidence in any civil, criminal investigation or trial of the crime of photo or video voyeurism: Provided, That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he/she may produce, and upon showing that there are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be committed, and that the evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of such, crime.

• Limitation/s :

Any record, photo or video, or copy thereof, obtained or secured by any person in violation of the preceding sections shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation. If any provision or part hereof is held invalid or unconstitutional, the remaining provisions not affected thereby shall remain valid and subsisting. Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

• Areas for Improvement:

This law is important as it protects citizens from being taken of photos or videos without their permission. Hopefully, they would follow and abide to such rules.

[elijahmanapat-blog]

RA 8293 Intellectual Property Code of the Philippines

• Punishable Acts :

Those which impose upon the licensee the obligation to acquire from a specific source capital goods, intermediate products, raw materials, and other technologies, or of permanently employing personnel indicated by the licensor;

 Those pursuant to which the licensor reserves the right to fix the sale or resale prices of the products manufactured on the basis of the license;

Those that contain restrictions regarding the volume and structure of production;

Those that prohibit the use of competitive technologies in a non-exclusive technology transfer agreement;

Those that establish a full or partial purchase option in favor of the licensor;

Those that obligate the licensee to transfer for free to the licensor the inventions or improvements that may be obtained through the use of the licensed technology;

Those that require payment of royalties to the owners of patents for patents which are not used;

Those that prohibit the licensee to export the licensed product unless justified for the protection of the legitimate interest of the licensor such as exports to countries where exclusive licenses to manufacture and/or distribute the licensed product(s) have already been granted;

Those which restrict the use of the technology supplied after the expiration of the technology transfer arrangement, except in cases of early termination of the technology transfer arrangement due to reason(s) attributable to the licensee;

Those which require payments for patents and other industrial property rights after their expiration, termination arrangement;

Those which require that the technology recipient shall not contest the validity of any of the patents of the technology supplier;

Those which restrict the research and development activities of the licensee designed to absorb and adapt the transferred technology to local conditions or to initiate research and development programs in connection with new products, processes or equipment;

Those which prevent the licensee from adapting the imported technology to local conditions, or introducing innovation to it, as long as it does not impair the quality standards prescribed by the licensor;

Those which exempt the licensor for liability for non-fulfilment of his responsibilities under the technology transfer arrangement and/or liability arising from third party suits brought about by the use of the licensed product or the licensed technology.

• Punishment :

(a) Imprisonment of one (1) year to three (3) years plus a fine ranging from Fifty thousand pesos (P50,000) to One hundred fifty thousand pesos (P150,000) for the first offense.

(b) Imprisonment of three (3) years and one (1) day to six (6) years plus a fine ranging from One hundred fifty thousand pesos (P150,000) to Five hundred thousand pesos (P500,000) for the second offense.

(c) Imprisonment of six (6) years and one (1) day to nine (9) years plus a fine ranging from Five hundred thousand pesos (P500,000) to One million five hundred thousand pesos (P1,500,000) for the third and subsequent offenses.

(d) In all cases, subsidiary imprisonment in cases of insolvency.

• Exemption :

In exceptional or meritorious cases where substantial benefits will accrue to the economy, such as high technology content, increase in foreign exchange earnings, employment generation, regional dispersal of industries and/or substitution with or use of local raw materials, or in the case of Board of Investments, registered companies with pioneer status, exemption from any of the above requirements may be allowed by the Documentation, Information and Technology Transfer Bureau after evaluation thereof on a case by case basis.

• Limitation/s :

Using a patented product which has been put on the market in the Philippines by the owner of the product, or with his express consent, insofar as such use is performed after that product has been so put on the said market;

Where the act is done privately and on a noncommercial scale or for a non-commercial purpose: Provided, That it does not significantly prejudice the economic interests of the owner of the patent;

Where the act consists of making or using exclusively for the purpose of experiments that relate to the subject matter of the patented invention.

• Areas for Improvement:

This law is important for our citizens to secure their exclusive rights and many more.

[elijahmanapat-blog]

ICT as a Platform for Change

As a Digital Citizen, I will engage positively in this online world and be informative and knowledgeable of it. I will do so by following the citizenship principles like respecting the rights of others, speaking out about cyberbullying, keeping passwords secret, and many more. As a Digital Citizen, I will also share what I’ve learned about this online world to others and keep other safe from any harm.

Digital Law. Digital law deals with the ethics of technology within a society. It is about the electronic responsibility for actions and deeds. Ethical use is about abiding the laws of the society. Meanwhile, unethical use is about theft or crime like stealing one’s identity. This element is important since it protects digital citizens. Its advantage is that it brings order to the digital world wherein there will still be legal and illegal things to do just like in the real world. Without it, there will be chaos, disorder, and injustice to the digital citizens. I do not think it does have any disadvantages since it is mainly about protecting and giving the digital citizens some rights and justice that we all deserve.

[elijahmanapat-blog]

Interactive Multimedia

One uses of Interactive Multimedia is videos. An example of an application or website out from it is YouTube. Its function as an Interactive Multimedia is to allow the user to take a video and show it to the entire world. It could be any kind of video, whether it’d be entertaining, educational, or anything. It could also be an animation or not, 2D or 3D, or a combination of both. Basically, it’s just anyway or anything that the user wants to show through the application or website. This kind of application is important since it could benefit the user, whether he/she’d be the one taking the videos or the one watching them. This is because those that are watching the video can be entertained or learn new things from the one that made it. On the other hand, the one that made the video can also benefit since he/she has shared her work and knowledge and can even be paid by doing it. In other words, it would be a win-win situation for those who are using the application.

[elijahmanapat-blog]

[elijahmanapat-blog]

[elijahmanapat-blog]

Google Tool

GOOGLE TRENDS

Function:

- a website by Google that analyzes the popularity of top search queries in Google Search across various regions and languages

- use graphs to compare the search volume of different queries over time

- provide a 24-hour search-volume graph as well as blog, news and web search results

- analyse traffic for websites, rather than traffic for search terms

 Importance:

- allows the user to compare the relative search volume of searches between two or more terms

- helps to Identify the latest trends

- helps monitor marketing performance

- helps recognize areas and regions of high interest

- helps choose best performing keywords

- good for competitor check

 Application:

- dig deeper into trending topics

- find real-time marketing opportunities

- research niche topics by geography

- research brand health

- research local shopping trends