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RA 10175 Cybercrime Prevention Act

An act defining Cybercrime, providing for the prevention, investigation, suppression and the imposition of penalties therefor and for other purposes.

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. 9775.1âwphi1

(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 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: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

Section 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.

Punishment

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 9. Corporate Liability. — 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 (c) 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.

Exemption

Section 10. Law Enforcement Authorities. — The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.

Section 11. Duties of Law Enforcement Authorities. — To ensure that the technical nature of cybercrime and its prevention is given focus and considering the procedures involved for international cooperation, law enforcement authorities specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-operation, post-operation and investigation results and such other documents as may be required to the Department of Justice (DOJ) for review and monitoring.

Section 12. Real-Time Collection of Traffic Data. — Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.

Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service, but not content, nor identities.

All other data to be collected or seized or disclosed will require a court warrant.

Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information.

The court warrant required under this section shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and the showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed, or is being committed, or is about to be committed: (2) that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and (3) that there are no other means readily available for obtaining such evidence.

Section 13. Preservation of Computer Data. — The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation.

Law enforcement authorities may order a one-time extension for another six (6) months: Provided, That once computer data preserved, transmitted or stored by a service provider is used as evidence in a case, the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the termination of the case.

The service provider ordered to preserve computer data shall keep confidential the order and its compliance.

Section 14. Disclosure of Computer Data. — Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic data or relevant data in his/its possession or control within seventy-two (72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation.

Section 15. Search, Seizure and Examination of Computer Data. — Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties.

Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:

(a) To secure a computer system or a computer data storage medium;

(b) To make and retain a copy of those computer data secured;

(c) To maintain the integrity of the relevant stored computer data;

(d) To conduct forensic analysis or examination of the computer data storage medium; and

(e) To render inaccessible or remove those computer data in the accessed computer or computer and communications network.

Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information, to enable the undertaking of the search, seizure and examination.

Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court.

Section 16. Custody of Computer Data. — All computer data, including content and traffic data, examined under a proper warrant shall, within forty-eight (48) hours after the expiration of the period fixed therein, be deposited with the court in a sealed package, and shall be accompanied by an affidavit of the law enforcement authority executing it stating the dates and times covered by the examination, and the law enforcement authority who may access the deposit, among other relevant data. The law enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the package deposited with the court. The package so deposited shall not be opened, or the recordings replayed, or used in evidence, or then contents revealed, except upon order of the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded.

Section 17. Destruction of Computer Data. — Upon expiration of the periods as provided in Sections 13 and 15, service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of a preservation and examination.

Section 18. Exclusionary Rule. — Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court or tribunal.

Section 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data.

Section 20. Noncompliance. — Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of Presidential Decree No. 1829 with imprisonment of prision correctional in its maximum period or a fine of One hundred thousand pesos (Php100,000.00) or both, for each and every noncompliance with an order issued by law enforcement authorities.

Limitation/s

The Cybercrime Law (RA 10175) was proposed by the government to the public to address the problems in the online world specifically to the violators in the internet. Thirteen senators approved the vote of implementing the said law, (http://jondiestaportfolio.blogspot.com).

The Republic of the Philippines finally over and done with the resolution of the Anti-Cybercrime Law or Cybercrime Prevention Act of 2012 has been officially approved and sealed on the 12th day of September 2012, (http://altechzone.blogspot.com).

The main contents of the law are illegal access, illegal interception, data or system interference, misuse of devices, cyber squatting, computer related unlawful acts like frauds, identity theft, cybersex and child pornography which are punishable by at least 6 years up to 20 years of imprisonment and a fine ranging from 50,000 PHP to 500,000 PHP depending on the gravity of crime committed and upon what section of the law was violated, (http://www.gov.ph).

From then on, a couple of cybercrime bills had been passed in Congress. There had been efforts to tighten security and strengthen policies regarding the internet use. The first internet libel case was filed within 2001-2002 but the conviction happened in 2005, (http://petradear.com).

RA 10175 is not just about internet libel that stops our freedom of speech as known by many according to Feliciano Belmonte Jr., Speaker of the House of Representatives in one of the interview by the CBCP news. He also quoted, “People must first be aware of all the contents of the law for which many people will also benefit from”.

Another punishable act of the Cybercrime Law is that anyone who do child pornography and any other illegal transactions through internet. According to Raquel (2012) that this is an advantage or relief to parents who are not aware of how kids easily have an access on any explicit websites. 

According to Legazpi Bishop Joel Baylon (2012) that the challenge now is to implement the spirit of the law and not the letter so that ultimately, the Cybercrime Law will not be an avenue to violate civil liberties.

Senator Teofisto Guingona III described the Supreme Courts issuance of a temporary restraining order (TRO) as the first victory of the people and of freedom of expression. The TRO suspends the implementation of the law for 120 days while high officials decide whether the law violates any civil liberties.

The speaker of Youth Pinoy Organization stated in Philippines Daily Inquirer  that many people should  urged the government to make certain that the implementing rules and regulations (IRR) of Republic Act 10175 should clearly set the limits of the human right and freedom, where freedom ends and responsibility starts. The IRR should make sure that the new law will be just and humane and that citizens to be reminded to think before clicking especially after the Philippines was regarded as the social media capital of the world and how social networking sites stirs the social climate.

Areas for Improvement

Since this law focuses on the digital world, how come there are still instances that crimes are still running in the cyberspace;

Cyber-bullying is still rampant.

Cybertheft can still steal personal information and financials in an easy ways.

These are only two of the major problems that the world still faced. How can these problems be solve?

Sources

https://webcache.googleusercontent.com/search?q=cache:rWr18911x14J:https://www.lawphil.net/statutes/repacts/ra2012/ra_10175_2012.html+&cd=1&hl=en&ct=clnk&gl=ph

http://ra10175.blogspot.com/2013/03/the-pros-and-cons-of-cybercrime-law.html

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RA 4200 Anti-wire Tapping Act

An act to prohibit and penalize wire tapping and other related violations of the privacy of communication, and for other purposes.

Punishable Acts

Section 1. 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.

Section 2. Any person who willfully or knowingly does or who shall aid, permit, or cause to be done any of the acts declared to be unlawful in the preceding section or who violates the provisions of the following section or of any order issued there under, or aids, permits, or causes such violation shall, upon conviction thereof, 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.

Section 3. 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: 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 may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed or is being committed or is about to be committed: Provided, however, That in cases involving the offenses of rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, and inciting to sedition, such authority shall be granted only upon prior proof that a rebellion or acts of sedition, as the case may be, have actually been or are being committed; (2) that there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for, or to the solution of, or to the prevention of, any of such crimes; and (3) that there are no other means readily available for obtaining such evidence.

Punishment

The penalty for violating this law is imprisonment for 6 months to 6 years and, if the violator is a government official at the time the offense was committed, perpetual absolute disqualification from public office. In case of aliens, they'll be subjected to deportation proceedings.

For a valid court order to be granted, the crimes committed (or to be committed) by the suspects should be the following:

1.) Treason 2.) Espionage 3.) Provoking war and disloyalty in case of war 4.) Piracy 5.) Mutiny on the high seas 6.) Rebellion 7.) Conspiracy to commit rebellion 8.) Inciting to rebellion 9.) Sedition 10.) Inciting to sedition 11.) Kidnapping 12.) Violations of CA 616 (espionage and other offenses against national security)

Exemption

The privacy of communication and correspondence, as mandated by Article 111, Section 3(1) of the 1987 Constitution , is further strengthened with the enactment of Republic Act No. 4200 entitled An Act to Prohibit and Penalize Wire Tapping and other related Violations of the Privacy of Communication, and for other Purposes" which prohibited and penalized wire-tapping. However, it must be stressed that said law particularly Section 3 thereof provided several exceptions to the prohibitions.

Under said law, wire-tapping is allowed when a peace officer is armed with a court order 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 and violations of Commonwealth Act No. 616, punishing espionage and other offenses against national security. The recently enacted Human Security Act of 2007 (RA 9372) also amended RA 4200 by including the crimes of terrorism and conspiracy to commit terrorism in the instances where wire-tapping is allowed provided it is accompanied by a written order from the Court of Appeals.

With the following exceptions, wire-tapping though limited in its applications, has been an effective tool by our law enforcement agencies against criminal elements who have wrecked havoc, instability and lack of equanimity in our country to the detriment of many of our peace loving citizens. Unfortunately, there are still certain crimes that are not covered under the said exceptional cases, which put not only the lives and property of our people in paramount danger, but also pose a grave threat to our nation's security. The present peace and order situation gives testament to this fact and thus, it is imperative for us to revisit RA 4200 so as to further enhance its effectiveness.

In fine, this proposed bill therefore seeks to add the crimes of coup d'etat, conspiracy and proposal to commit coup d'etat, robbery in band, brigandagekighway robbery, violations of Republic Act 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002 and violations of Republic Act 9160 as amended by Republic Act 9194, otherwise known as the Anti-Money Laundering Act of 2001 to the list of offenses wherein our law-enforcement officers can, through court order, tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record private communication or spoken word in order not to tie the hands of our government and its law enforcement agencies in fulfilling its mandate of protecting life, liberty and property against the malefactors in our society.

Limitation/s

LIMITATIONS ON THE RIGHT TO PRIVACY:

THE RIGHT TO PRIVACY

First. The right to privacy does not prohibit any publication of matter which is of public or general interest. Second. The right to privacy does not prohibit the communication of any matter, though in its nature private, when the publication is made under circumstances which would render it a privileged communication according to the law of slander and libel. Third. The law would probably not grant any redress for the invasion of privacy by oral publication in the absence of special damage. Fourth. The right to privacy ceases upon the publication of the facts by the individual, or with his consent. Fifth. The truth of the matter published does not afford a defense. Sixth. The absence of "malice" in the publisher does not afford a defense.

Areas for Improvement

Privacy is one of the main reasons why Human Rights exists and also the reason why this law was approved by the higher officials.

However, even if this law exists it is impossible to avoid someone from invading other conversations or personal discussions that is/are private especially if it involves politics or controversies.

Now, my concern is ‘how can one’s privacy be safeguard if there are people whose hobby is to intrigue other conversations especially that high-technologies nowadays arise and/or upgrade?’

Sources

http://philcritic.blogspot.com/2011/10/ra-4200-anti-wire-tapping-law.html

https://www.senate.gov.ph/lisdata/40923484!.pdf

http://philippinecommentary.blogspot.com/2005/12/right-to-privacy-and-publics-right-to.html

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RA 9239 Optical Media Act

The Republic Act No. 9239 or the Optical Media Act of 2003 in charge of protecting and upholding intellectual property rights in digital form. This includes the importation, exportation, acquisition, sale, or distribution.

Punishable Acts

(Section 16) Grounds for Suspension or Cancellation of License - 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.

Punishment

Section 19. Offenses and Penalties

(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:

(1) Engaging in the importation, exportation, sale or distribution of, or possess or acquire in commercial quantities manufacturing materials used or intended for use in the mastering, manufacture or replication of optical media without the necessary licenses from the OMB;

(2) Knowingly performing or rendering the service of mastering, manufacture or replication of optical media, after having been licensed by the OMB, to any person, in respect of any intellectual property, who does not have the consent by the owner of the intellectual property or his representatives or assigns;

For this purpose, any person, establishment or entity that is licensed by the OMB to engage in the above mentioned activities shall be considered to have acted in good faith in respect of any transaction entered into by him in respect to the preceding paragraph, if he notifies the OMB of such transaction within five working days from receipt of the order, furnishing to the OMB all material information thereof;

(3) Refusing to submit to inspection by the OMB, or surrender for preventive custody any optical media, equipment, manufacturing materials, including parts, accessories and paraphernalia found during inspection operations to be in violation of the provisions of this Act;

For purposes of this subsection, violators who will employ armed resistance against agents of the OMB shall be penalized under other applicable laws in addition to those provide in this Act; and

(a) Imprisonment of at least 30 days but not more than 90 days or a fine of not less than 25,000.00 pesos but not exceeding fifty thousand pesos at the discretion of the court:

(1) Knowingly possess items of the same content or title, produced in violation of this Act, and used for the purpose with the intent to profit;

(2) Engaging in the sale, rental, distribution, importation, exportation of, or any other commercial activity involving optical media that are in violation of this Act.

(b) For subsequent offenses in Section 19(a), uniform imprisonment of six (6) years but not more than nine (9) years and a fine of not less than One Million five hundred thousand pesos (Php 1,500,000.00) but not exceeding Three million pesos (Php 3,000,000.00) at the discretion of the Court, shall be imposed.

(c) For subsequent offenses in Section 19(b), uniform imprisonment of 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 pesos (PHp 1,500,000.00) at the discretion of the Court, shall be imposed.

The offenses listed under this section shall be punished without prejudice to the application of appropriate penalties or sanctions provided under Section 216 and such other appropriate sections of the IP Code or Republic Act No. 8792 also known as the Electronic Commerce Act, the Revised Penal Code or other applicable laws.

Section 20. Determination of Penalties - In determining the number of years of imprisonment, or amount of fine to be imposed, the court shall consider the size of the operations of the offender, the value of the articles involved in the violation, and the period of violation. In imposing administrative penalties, the OMB shall likewise consider the said circumstances.

Section 21. Persons Liable. - If the offender is an alien, the person shall immediately be deported after serving his sentence, and shall, thereafter, be refused entry into the country.

If the offender is a government official or employee, he shall suffer perpetual disqualification from public office and forfeiture of his right to vote and participate in any public election for ten (10) years.

Should the offense be committed by the juridical person, the stockholder, chairperson, president, officer, director, trustee, partner or manager responsible for such violation shall be liable.

Section 22. Enforcement - The OMB may solicit the direct assistance of other agencies, the managing authorities in the economic zones and instrumentalities of the national and local governments, and may deputize for a limited period the heads or personnel of agencies to perform enforcement functions for the OMB, insofar as such functions are concerned shall be subject to the direction and supervision of the OMB.

Section 23. Disposal of Seized Materials. - Any optical media, equipment or materials found to be in violation of the provisions of this Act, any books, records, or paraphernalia providing evidence of any violation committed by any person, establishment or entity, shall be confiscated and forfeited in the favor of the government and shall be disposed in accordance with pertinent laws and regulations: Provided, That confiscated optical media may, pending consideration of the case, be immediately destroyed upon final determination by the OMB in an administrative case, or by a court in a civil or criminal case, that are the same are in violations of this Act: Provided, further, That a sufficient representative sample shall be retained for evidentiary purposes.

Exemption

Section 10. Powers and Functions of the OMB. - The OMB shall have the following powers and functions:

(a) Formulate and implement such policies and programs as are necessary for the accomplishment of the purposes of this Act;

(b) Evaluate the qualifications of any individual, establishment or other entity to engage in the mastering, manufacture or replication of optical media. For this purpose, the OMB shall require such person to substantiate its capability to engage in said activities;

(c) Supervise regulate, grant, or renew licenses for specific periods, or deny, suspend, or cancel the same, subject to such conditions as it may impose, for the activities enumerated in Section 13(a), (b) and (c);

(d) Conduct inspections, by itself or in coordination with other competence agencies of the government, at anytime, with or without prior notice, of establishments or entities including those within the economic zones engaged in the activities as provided in Section 13(a), (b) and (c) of this Act, and employ reasonable force in the event that the responsible person or persons of such establishment or entity evades, obstructs, or refuses such inspection. For this purpose, the agents of the OMB shall be considered agents in authority;

(e) Apply for or obtain search warrants from any court of law, or take into preventive custody any optical media and/or material or equipment, including parts, accessories and paraphernalia used for the mastering, manufacture or replication of optical media which are found in any premises if the OMB has reasonable ground to believe or suspect that these are evidence of violation of the provisions of this Act;

(f) Act as complainant in the criminal prosecution of violators of this Act;

(g) Hear and resolve administrative cases against violators of this Act and impose administrative sanctions including, but not limited to, the imposition of fines and penalties; confiscation of optical media; and suspension, non-renewal or cancellation of the license to operate and/or closure of establishments or entities that violate the provisions of this Act. For this purpose, the Board shall have the power to issue subpoena or subpoena duces tecum to compel the attendance of witnesses and production of documents and other effects;

(h) Call upon law enforcement agencies and the managing authorities in the economic zones for assistance in the implementation and enforcement of its decisions, orders, rules and regulations;

(i) To deputize, whenever necessary, provincial governors, city and municipal mayors, and representatives of the national government agencies, organizations representing copyright owners, neighboring rights owners and concerned sectors to help monitor compliance with and report to the OMB any violation of this Act;

(j) Require persons, establishments and entities engaged in the activities in Section 13 to keep and maintain for a period of at least five (5) years true and complete records of all activities related to the conduct of its business. For this purpose, the Board may, at any time, require the production of such records and samples of optical media from each mastering, manufacturing or replicating line;

(k) Levy, assess and collect, and periodically adjust and/or revise the rates of fees and charges for the issuance of licenses granted under this Act;

(l) Establish support offices as may be necessary;

(m) Create and maintain a database, and regularly publish data containing the list and activities of registered and/or licensed optical media and other related establishments. Any enforcement agency, including the Bureau of Customs, may refer to this database for enforcement and/or seizure;

(n) Prescribe the internal and operational procedures for the exercise of its powers and functions, the performance of its duties and responsibilities and other related matters; and

(o) Exercise such other powers and functions as may be necessary or incidental to the attainment of the purposes and objectives of this Act, and to perform other related duties and responsibilities as may be directed by the President.

Section 11. Chief Executive Officer. - The Chairperson of the Board shall be the Chief Executive officer (CEO). The CEO shall exercise the following powers and functions:

(a) Execute and administer the policies, decisions, orders, resolutions and the rules and regulations issued by the Board;

(b) Establish the internal organization and administrative procedures of the OMB, and recommend to the Board the appointment, transfer, detail, and suspension or dismissal for cause of its administrative and subordinate personnel;

(c) Direct and supervise the operations and the internal affairs of the OMB;

(d) Submit an annual budget to the Board for its approval;

(e) Delegate his or her authority, in whole or in part, to other members of the Board, in accordance with the rules and regulations of the OMB; and

(f) Perform such other powers and functions as may be authorized by the Board or the President.

Limitation/s

Scope and Limitation of Copyright as per Philippine Laws and Jurisprudence in Relation to the Works in the Internet

“Section 2. Declaration of State Policy. – The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act.

The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good.” [14]

Thus, the source of intellectual property law of the Philippines is solely based on the prevailing law (R.A. 8293). In strengthening the law, Congress also enacted subsequent laws like the E-Commerce Act of 2002, R.A. 9150 (Protection of Lay-Out Designers (Topographies) of Integrated Circuits), R.A. 9168 (Protection of New Plant Varieties), and R.A. 9239 9 (Optical Media Act) which prohibits the direct recording of films in movie houses and protection against optical media piracy.

SCOPE AND LIMITATIONS OF COPYRIGHT

The law on copyright exclusively grants rights to authors and creators of original work to promote the reproduction and duplication to the benefit of the society. However, these rights are arbitrarily balanced by setting limitation on the use of copyrightable materials without the need of prior authorization and or consent of the author or creator. And as copyright growing importance in national and international arena, the rapid advancement of digital technology has truly posed change and opened a wide array of opportunities, and at the same time interposed complex problems and issues that are needed to be addressed. Governments, including their judicial branches, along with private sector interests around the world have been grappling with these issues for so many years, that their efforts represent the continuation of a long process; the history of copyright is integrally matted with and has always been shaped by technological change.[6]

Problems on copyright gained additional significance in the framework of information society, the significant advancement of which are evidenced by print and visual media, and the broad and easy access to it plays a key role. The use of these mediums in recording, making works available, storing, and archiving are triggered the change in their use and method, or simply the manner of their exploitation. Apart from the benefit of the use of these mediums, infringement of copyright and other related rights are vulnerable by simply just manipulating the work contents being distributed in digital format. [7]

Global effort through the active participation of many countries had spur the formulation of local legislation in strengthening the regulation of their copyright and intellectual property laws intended to further protect the rights of their authors and artistic creators.

The scope of rights granted to creators can generally be stated either in broad or in narrow terms. When creators enjoy broad exclusive rights, which encompass all possible uses of a work, some limitations on the exercise of their rights may be justified to safeguard, in specific conditions, the public’s right to make unauthorized uses of protected material. [8]

When the rights are stated in narrow terms, thereby excluding certain acts from the protection of the law, exemptions in favor of users may not be needed at all. The choice of a broad or narrow formulation of rights and limitations in a given copyright act ultimately determines how a court will let the balance tip in a particular case between protecting the author’s rights and allowing the public to make certain unauthorized uses of copyrighted material

Limitations on copyrights are an integral part of the copyright system, for they are the recognition in positive law of the users’ legitimate interests in making certain unauthorized uses of copyrighted material. Such legitimate interests may include the protection of the users’ fundamental rights, the promotion of free flow of information and the dissemination of knowledge.[9]

However, one must remember that the notion of ‘legitimate interest’ or ‘public interest’ is in the ambit of national policy. What is in the public interest in one country is not necessarily the same in another. Technically, limitations reflect national legislation assessment of the need and desirability for society to use a work against the impact of such measures on the economic interests of the right holders.

In setting the tone on the scope and limitations on copyright, one must consider, especially on this digital age and advancement of technology that society must continuously develop and grow, that is why the major similarities of the copyright law system of nations permits other works to be reproduced. As consent is not materially essential, protection of one’s copyright had been diluted to economic aspect of life, as intellectual works are essential in nation building and sociology-cultural development of one nation, whereas protection of one’s copyright is tantamount to monetary compensation.

Areas for Improvement

In my opinion, it is impossible to wiped out pirated CDs and other pirated materials if it involves business.

Innovating a machine that can tests materials if it is replicated or not.

Choose reliable people to investigate imported materials. Whether these stuffs are replicated or the original one.

Sources

https://www.sunstar.com.ph/article/150613

https://prezi.com/pi2lbsmbd3-g/optical-media-act-of-2003/

https://bryanhernandez26.wordpress.com/2015/07/20/scope-and-limitation-of-copyright-as-per-philippine-laws-and-jurisprudence-inrelation-to-the-works-in-the-internet/

[sophiaesclares18-blog]

RA 8792 E-commerce Act of 2000

An act providing for the recognition and use of electronic commercial and non-commercial transactions and documents, penalties for unlawful use thereof, and for other purposes.

(a) "Addressee" refers to a person who is intended by the originator to receive the electronic data message or electronic document. The term does not include a person acting as an intermediary with respect to that electronic data message or electronic data document.

(b) "Computer" refers to any device or apparatus which, by electronic, electro-mechanical, or magnetic impulse, or by other means, is capable of receiving, recording, transmitting, storing, processing, retrieving, or producing information, data, figures, symbols or other modes of written expression according to mathematical and logical rules or of performing any one or more of these functions.

(c) "Electronic Data Message" refers to information generated, sent, received or stored by electronic, optical or similar means.

(d) "Information and Communications System" refers to a system intended for and capable of generating, sending, receiving, storing, or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by or in which data is recorded or stored and any procedures related to the recording or storage of electronic data message or electronic document.

(e) "Electronic Signature" refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document.

(f) "Electronic Document" refers to information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be prove and affirmed, which is receive, recorded, transmitted, stored, processed, retrieved or produced electronically.

(g) "Electronic Key" refers to a secret code which secures and defends sensitive information that cross over public channels into a form decipherable only with a matching electronic key.

(h) "Intermediary" refers to a person who in behalf of another person and with respect to a particular electronic document sends, receives and/or stores provides other services in respect of that electronic data message or electronic document.

(i) "Originator" refers to a person by whom, or on whose behalf, the electronic document purports to have been created, generated and/or sent. The term does not include a person acting as an intermediary with respect to that electronic document.

(j) "Service provider" refers to a provider of -

i. On-line services or network access or the operator of facilities therefor, including entities offering the transmission, routing, or providing of connections for online communications, digital or otherwise, between or among points specified by a user, of electronic documents of the user's choosing; or

ii. The necessary technical means by which electronic documents of an originator may be stored and made accessible to designated or undesignated third party.

Punishable against R.A. 8792

1.   Hacking

2.   Piracy

3.   Consumer Act and all other laws

4.   Other violations in ecommerce law i.e Obligations of Confidentiality, Lawful access and among others.

Punishable Acts: Acts punishable against R.A.8792

1. Hacking or Cracking

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 message or electronic document.

Penalty:

Punishable by a minimum fine of one hundred thousand pesos (Php100, 000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years.

 2. Piracy

The unauthorized copying, reproduction, dissemination, distribution, importation, use, removal, alteration, 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.

Penalty:

Punishable by a minimum fine of one hundred thousand pesos (Php 100, 000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three(3) years.

3. Consumer Act and All other laws

Republic Act no.7394 and other relevant or pertinent laws through transactions covered by or using electronic documents.

Penalty:

Penalized with the same penalties as provided in those laws.

4. Other violations of the provisions of this act i.e. obligations of confidentiality, lawful access, among others

Penalty:

Punishable by maximum penalty of one million pesos (Php1, 000,000.00) or six (6) years imprisonment.

Exemptions: Actions that are exempted from R.A.8792:

Anyone who uses the Internet, computer, cellular phone, and other IT-enabled devices has the duty to know RA8792.

Any form of funding, equipment and training for law enforcements in relation to cybercrime such as office of the National Bureau of Investigations and the Philippine National Police.

Limitations of R.A.8792

1.   The hacking/cracking/piracy provision of the E-Commerce Law makes such acts as criminal offenses in nature; therefore what can only be waived, should the companies decide not to sue them, is the civil liability (monetary damages) and the criminal liability will still be pursued by the state.

2.   The act of hacking should never be glamorized and even make these people who commits these acts as heroes. It may send a wrong signal that our younger Internet generation might misunderstand.

3.   Seeing, computer publications as a medium in making the Internet users vigilant and not scared/wary of these hackers. Perhaps feature articles on how the NBI, PNP, DOJ, ISPs, phone companies, National Security Council, handle these incidents.

Areas of Improvement:

1.   The R.A. 8792 provisions should include the funding for personnel (National Bureau of Investigations and the Philippine National Police) who are working to face and encounter cybercrime; in giving them the best training coming from capable people with the best experience they will become efficient.

2.   Awareness of the culpabilities of cybercrime, as the old saying says, “Ignorance to the law, excuses no one”

3.   The business community and Internet users must contribute and work with government to take action on this. Whether or not we have a Cybercrime Law, giving appropriate funding for cybercrime enforcement is important. It will allow the creation of cybercrime helpdesks all over the country. We also need special courts to process cybercrime cases that can issue court orders as necessary to help in the investigation.

Source:

https://digitalfilipino.com/salient-features-of-republic-act-8792-the-e-commerce-law/

https://www.lawphil.net/statutes/repacts/ra2000/ra_8792_2000.html

[sophiaesclares18-blog]

RA 9775 Anti-child Pornography Act

An Act defining the crime of child pornography, prescribing penalties therefor and other purposes.

“Child”, refers to a person below 18 years of age or over but is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or condition.

A child shall also refer to:

(1) a person regardless of age who is presented, depicted or portrayed as a child as defined herein; and

(2) computer-generated, digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child as defined herein.

“Child pornography” refers to any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated explicit sexual activities.

(c) “Explicit Sexual Activity” includes actual or simulated –

Punishable Acts: Acts punishable against R.A. 9775

(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;

Punishment: Penalty against Child Pornography

a. To hire, employ, use, persuade, induce or coerce a child in 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.

Any person found guilty of committing the above acts shall suffer the penalty of reclusion temporal in its maximum period and a fine of not less than 1 (one) million pesos (Php 1,000, 000,000.00) but not more than (two) million pesos (Php 2,000,000,000.00)

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 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;

Any person found guilty of committing above acts shall suffer the penalty of reclusion temporal in its medium period and a fine of not less than seven hundred fifty thousand pesos (Php 750,000.00) but not more than one million pesos(Php1,000,000,000.00).

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

Any person found guilty of committing 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);

h.To engage in luring or grooming of a child;

Any person found guilty of committing this Act shall suffer the penalty of Prison 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)

i. To engage in pandering of any form of child pornography;

Any person found guilty of committing this Act shall suffer the penalty of Prison 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)

j.To willfully access any form of child pornography;

Any person found guilty of committing this Act shall suffer the penalty of Prison Correccional in its minimum 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)

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; and

Any person found guilty of committing this act shall suffer the penalty of Prison 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)

l. To possess any form of child pornography

Any person found guilty of committing 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 (100,000.00).

Duties of an Internet Service Provider (ISP). - All internet service providers

(ISPs) shall notify the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) within seven (7) days from obtaining facts and circumstances that  any form of child pornography is being committed using its server or facility.

 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;

 All mall owners/operators and owners or lessors of other business establishments shall notify the PNP or the NBI within seven (7) days from obtaining facts and circumstances that child pornography is being committed in their premises. Provided, that public display of any form of child pornography within their premises is a conclusive presumption of the knowledge of the mall owners/operators and owners or lessors of other business establishments of the violation of this Act:

Provided, further, Photo developers, information technology professionals, credit card companies and banks and any person who has direct knowledge of any form of child pornography activities shall have the duty to report any suspected child pornography materials or transactions to the proper authorities within seven (7) days from discovery thereof.  Any willful and intentional violation of this provision shall be subject to the penalty provided under Section 15(l) of this Act.

 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;

 Exemption:  Actions that are exempted from R.A.9775

Nothing in this section may be construed to require an ISP to engage in the monitoring of any user, subscriber or customer, or the content of any communication of any such person: Provided, That no ISP shall be held civilly liable for damages on account of any notice given in good faith in compliance with this section. Furthermore, an ISP shall preserve such evidence for purpose of investigation and prosecution by relevant authorities.

 That a disputable presumption of knowledge by mall owners/operators and owners or lessors of other business establishments should know or reasonably know that a violation of this Act is being committed in their premises.

 Limitations of R.A. 9775

Ø  The amendment of R.A. 10175 because it defeats the constitutional rights which the Internet advances does not mean that the Internet should not be exempt from regulation.

Ø  The refinement of State’s police powers online

Ø  To improve the State’s capacity to prevent abuses online must be authorized by a court warrant that proves the necessity for such act.

Areas of Improvement:

1. R.A. 9775 will only be deemed effective if the implementation of the said provision will be acted upon by the judicial system, is there any way to hasten the execution to punish those who have committed the crime?

2. Is there any other way to uphold the moral integrity of the law enforcers to minimize corruption especially when it comes to bribery?

3. R.A. 9775 provisions will not only stop when the crime has been resolve,  it will become a constant reminder to those who are not caught yet or planning to commit on

Sources:

https://digitalfilipino.com/republic-act-no-10175-cybercrime-prevention-act-of-2012/

https://www.slideshare.net/jackomar/anti-child-pornography

[sophiaesclares18-blog]

RA 9995 Anti-photo & video Voyeurism Act

The Congress passed Republic Act 9995 (Anti-Photo and Video Voyeurism Act of 2009) to prevent the publication and distribution of similar material in the future. The law prohibits recording videos or taking photos of a sexual act, the male or female genitalia, and of the female breast, among others, without consent of the persons featured in the material. The law ultimately seeks to prevent the reproduction, distribution, and publication of said material regardless of whether or not the persons featured consented to the recording.

Punishable Acts: Acts punishable under R.A.9995

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.

e.   The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein.

Punishment:  Penalty against Anti-Voyeurism

a.    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.

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

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

d.   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

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.

Limitations of R.A. 9995 (Anti-Voyeurism)

a.    The refusal of the victim or victims to provide affidavits;

b.    The victim’s lack of courage to file or pursue a case;

c.    Inadequate financial support for the victim to sustain court proceedings;

d.   Slow justice system

Areas of Improvement:

1.   The present government should look for avenue to uphold and help the victims of R.A.9995.

2.   Iron clad management in terms of implementing R.A. 9995.

3.   The law needs improvement to cover a wider scope in the cyber world.

Source

https://webcache.googleusercontent.com/search?q=cache:F92jX4s60uwJ:https://www.lawphil.net/statutes/repacts/ra2010/ra_9995_2010.html+&cd=2&hl=en&ct=clnk&gl=ph

www.dict.gov.ph/wp-content/.../RA-9995-Anti-Photo-and-Video-Voyeurism-Act.pdf

[sophiaesclares18-blog]

RA 8293 Intellectual Property Code of the Philippines

A regulation that summarizes the Intellectual Property Rights of every Filipino citizen, and the privileges they are entitled to. R.A. 8293 is divided into five sections:  Intellectual Property Office, the Law on Patents, Law on Trademarks, Service Marks and Trade names and the Law on Copyright and other financial provisions. The implementation of IP Code is managed by the Bureau of Patents, Trademarks and Technology Transfer, which is divided into 6 subsections: Bureau of Patents, Bureau of Trademarks, Bureau of Legal Affairs, Documentation, Information and Technology Transfer Bureau, Management Information System and EDP Bureau and Administrative Financial and Personnel Service Bureau. Intellectual Property rights included in IP Code are:

Ø  Copyright and Related Rights

Ø  Trademark and other Service Marks

Ø  Geographic Indications

Ø  Industrial Designs

Ø  Patents

Ø  Lay-out designs and topographies for integrated circuits

Ø  The protection of undisclosed information

Punishable Act/Acts: Violation/s committed against IP Code

Counterfeiting means willful trademark infringement

Piracy means willful copyright infringement.

Punishment: Punishment set for violators or offenders –

For Copyright Infringer: (Piracy)

Copyright is a collection of all rights enjoyed by the owner of an artistic or literary work.

The copyright owner can apply a criminal, civil or administrative action for copyright infringement and must be filed in the court situated in the place where the violation occurred. The administrative suit is filed at the Bureau of Legal Affairs at the Intellectual Property Office of the Philippines. Civil infringement lawsuit can be applied in the appropriate court located at the place where the defendant lives or the plaintiff located, at the option of the plaintiff.

Copyright infringement violator is punishable by the following:

1.   Imprisonment of between 1 to 3 years and a fine of between 50,000 to 150,000 pesos for the first offense

2.   Imprisonment of 3years and 1 day to six years plus a fine of between 150,000 to 500,000 pesos for the second offense.

3.   Imprisonment of 6 years and 1 day to 9 years plus a fine ranging from 500,000 pesos for the third and subsequent offenses.

4.   The offending party may also be ordered to pay civil damages. Injunction and destruction of the infringing goods or products can also be obtained, likewise seizure and impounding of any article which may serve as evidence in the court proceedings.

Exemption(s) (Actions exempted from the law)

1.   Criticism

2.   Comment

3.   News

4.   Reporting

5.   Teaching includes multiple copies for classroom use

6.   Scholarship

7.   Research and similar purposes

8.   Decompilation

Limitation(s) (What does the Law does not cover)

Copyright protection does not apply to:

1.   Idea, procedure, system method or operation, concept, principle, discovery or mere data, even if expressed, explained, illustrated or embodied in a work;

2.   News of the day and other miscellaneous facts having the character of mere items of press information;

3.   Official text of a legislative, administrative or legal nature or any official translation thereof;

Areas for Improvement:

1.   How can the IP office helps in having a fast and reliable processing in obtaining patent protection? Since it has been years this kind of problem hasn’t been resolve yet.

2.   Filing a patent application is pricey, what is the best thing an inventor can do to make his product evolve to the market so to earn initial funds?

3.    Is it reasonable to sell the patent’s right outright to avoid the costly maintenance?

Punishment: Trademark Infringement (Counterfeiting)

Trademark infringement is the unauthorized use in commence of a registered trademark or a copy or colorable imitation thereof, which result in the likelihood of confusion among the consuming public.

The elements of trademark infringement are:

1.   Registered trademark in the Philippines

2.   Plaintiff’s ownership of said mark

3.   Use of the trademark or imitation thereof by a third person, resulted to confusion.

Unfair Competition is a form of copying and making false statement by one who passes off his goods for those of another that has an established goodwill. The copying or passing off include copying of the trademark or giving one’s own goods the general appearance of another that causes confusion.

The elements of Unfair Competition are:

1.   Confusing similarity in the appearance of the goods involved

2.   Intent to deceived the public and defraud a competitor

False Designation of Origin and False Description of Goods is committed when one who in the course of trade uses any word, term, symbol, or device when there is a likelihood of confusion or mistake on the consuming public as to affiliation, connection, association of such person, sponsorship or approval of his or her goods, services, or commercial activities by another person. Likewise, misrepresentation of nature, characteristics, quality, and geographic origin of the goods or services in the advertising or promotion of said goods and services.

An IP owner can file a criminal, civil, or administrative case against an infringer:

Criminal Action is initiated by filing a complaint with the prosecutor. The prosecutor then conducts the preliminary investigation to determine if there are reasonable grounds for infringements. If, there are reasonable grounds, the prosecutor will issue an order recommending the filing of criminal information court.

After filing the criminal information, the court will issue a warrant of arrest. The accused has the option to post bail. Once arrested or post bail he or she will be arraigned. The court will then proceed to try the criminal case and if the accused is found guilty of infringement beyond a reasonable doubt, it will issue a decision of conviction.

Civil Action is filed to recover the damages from any person who infringes his or her rights. The award of damages shall be either the reasonable profit the IP owner would have made, had the infringer not infringed his or her rights, or the profit that the infringer actually received from the infringement. In the event that such damages cannot be ascertained with the reasonable certainty, the court may award as damages a reasonable percentage based upon the amount of total sales received by the infringer in connection with the use of the IP owner’s trademark.

Administrative Action for trademark infringement, unfair competition and or false designation may be filed with the Bureau of Legal Affairs (BLA) of the IPO within four (4) years from the date of commission of the violation, or if the date be unknown, from the date of discovery of the violation. The total amount damages claimed should be 200,000 pesos or more. Provisional remedies such as an injunction are available.

The administrative penalties available may include the issuance of a cease and desist order; condemnation and seizure of infringing products; imposition of administrative fines ranging from 5,000 to 150,000 pesos and an additional fine of up to 1,000 pesos each day of continuing violation; cancellation or withholding of any permit, license or registration granted or being secured from the IPO; the assessment of damage and other analogous penalties or sanctions.

A person found guilty in criminal case for trademark infringement, unfair competition and or false designation will be imprisoned for a term of 2(two) to 5(five)years and will be ordered to pay a fine ranging  from 50,000 to 200,000 pesos.

Exemption(s) (Actions exempted from the law)

1.   Criticism

2.   Comment

3.   News

4.   Reporting

5.   Teaching includes multiple copies for classroom use

6.   Scholarship

7.   Research and similar purposes

8.   Decompilation

 Limitation(s) (What does the Law does not cover)

Trademark Infringement does not cover to:

1.   Functionality limitation – lies in what can be trademarked, though the possibilities are nearly limitless, they all have one thing in common: they are non-functional. For example, a particular shape of a water bottle can be trademarked. However, a shape that substantially improves grip or otherwise enhances the usability of the bottle would likely run into troubles when it comes to trademarking. This limitation is designed to protect against using the trademark system to limit competition by registering functional elements and then pursuing trademark rights against a competitor.

2.   Geographical Limitation - One of the characteristics of trademark law is that it is limited to the area of any given country.

3.   Fair Use Limitation - The fair use doctrine also applies to trademark law. Since many trademarks rely on words commonly used in everyday language, a trademark owner cannot enforce his rights if his trademark is legitimately used in a different context. Even if a trademark is arbitrary and fanciful, the owner may still not be able to enforce his or her rights if it is used in a manner qualifying as nominative fair use, for example, to identify and separate his or her goods or services from a competitor’s.

Areas for Improvement:

1.   What are the remedies accorded to trademark owners who do not have the benefit of trademark registration or whose applications for registration are still pending?

2.   Where an application for search warrant in a criminal case should be filed?

3.   What are the requisites that must be satisfied before a writ under the new Rules on Search and Seizure in Civil Actions for Infringement of Intellectual Property Rights may be issued?

Sources

https://webcache.googleusercontent.com/search?q=cache:h7y40DWPYCgJ:https://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html+&cd=4&hl=en&ct=clnk&gl=ph

https://www.ipophil.gov.ph/images/Patents/IRRs/RepublicAct8293.pdf

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Most of Fernando Amorsolo’s masterpieces depict on the every scene that Filipino had experienced during colonization period. For several paintings he made, it became the history of the present generation in which each art work he made highlights the happenings of our country and also highlights the beauty of our very own homeland. No wonder why, he had become the very first Philippine National Artist for Visual Arts in 1972 and was entitled as the “Grand Old Man of Philippine Art”.

                                    Planting Rice (1946)

This painting is one of his major works that became so popular during American colonization and was used in posters, calendars, brochures and more. Also, it is the collection of the United Coconut Planters Bank (UCPB). This art work symbolizes hospitality and the true Filipino soul in which can be seen in the painting itself; where farmers work hand in hand under a bright sunny day. The painting depicts Filipino tradition that is still alive until the present time.

The visual weight of the painting is light to the reason that, the choice of colors used was mostly pastel in nature. The artist used pastel without the mixture of dark colors it is because he likes to make it look as a simple work and fine day to be work at. This painting emphasize the life cycle of Filipino living in a provincial community in which he made it as a realistic manner, in a way that the details of his painting can be seen in real life. However, the faces of each farmer were not that clear it is because the artist focused on how hardworking Filipino citizens were.

For years of training, he developed the backlighting technique which became his trademark. In this painting, figures are outlined against a characteristic glow and followed by the intense light on one part of the piece which highlights some details. As a result to that, you can picture out that there is a presence of a sun. The same with his other works, the sun is the consistent element of his canvas. Moreover, the working farmers in the picture together with their bright colored clothes and straw hats and with the background of the calm symmetrical cone of the stratovolcano represents how simple and peaceful the lives of the Filipino people before.

                             The Burning of Manila (1942)

The Burning of Manila made by Fernando Amorsolo depicts the tragedy and horror experienced by our fellow Filipino citizens when the Japanese tries to invade Manila in the year 1941 up to 1945.

Amorsolo, together with his family were included to the escape of the innocent Filipinos who wants their lives to be saved from that war. In a way that, he brought his family to a certain place safe from the bombings and especially to the Japanese soldiers. From hiding, he witnessed how the Japanese soldiers crucially killed the innocent children and old people. Through the power of pencil, pen and paintbrush, he was able to address the chaos of that war. Through this art work, he preserved one of the major histories of our country.

Furthermore, this artwork serves as a reminder to every Filipino citizens as to how our elders and/or families fought for our country and as to how it serves as a ‘wake up call’ to every Filipino that we must be united to defend our homeland against to our enemies by any means.

                         Making of the Philippine Flag

The Making of the Philippine Flag painted by Fernando Amorsolo illustrates the three women who were passionately sewing the national flag. Marcella Marino de Agoncillo was the middle woman in the painting whose refers as the mother of the Philippine Flag. Meanwhile, the other two ladies in the painting represent the two daughters of hers; Lorenza and Delfina Herbosa de Natividad. The three women sewed the Philippine flag for they were tasked by General Emilio Aguinaldo to sew the first Philippine Flag for the new republic.

The clothes of the three women wore were an old style of clothing, which was known as the „kimona‟ together with their long white skirt. This style of clothing depicts the traditional styles of clothing and more on a vintage manner. This art work is not that attracted in the eyes but is pleasurable in the mood of a person to calm. The background is more likely in a Bahay Kubo, in which the choice of colors used were brown, red, yellow and orange which turns out to be serene and calm to the eye. In addition, Amorsolo made this painting to show to his fellow Filipinos how the Philippine flag was made and also to remind the present generation to the customs and tradition that they have slowly forget to themselves.

In order for the painting to be balanced, the artist chose the contrast of brown to yellow which turns out to be not that harmonious. As observed in the art work, there are no lines depicted to the reason that, it is painted in a pointillist style – which displays the rough texture in some parts of the painting specially the dresses as well as the background that made it in a realistic scene. The white triangle of the flag stands for fraternity and equality; in the red field is for patriotism and valor while in the blue field is for peace. The eight rays of the sun represent for the first eight provinces that the colonizers have put under Martial Law. Another, the three stars indicates the three divisions of the Philippines; Luzon, Visayas and Mindanao. Through these, it shows love towards the people in the country.

Above all, this piece of Amorsolo serves as a message to every Filipino citizen that they should be proud of their bloodline it is because, their fellow citizens (Dr. Jose P. Rizal, Andres Bonifacio, Lapu-Lapu and many more) had risked themselves in order to taste the freedom that our country was seeking. Moreover, this canvas was made in order for the present generation to give respect and to give honor to those people who became heroes to our country – because of them we have now taste and experience the freedom that our fellow ancestors had seek.

[sophiaesclares18-blog]

RA 8484 Access Devices Regulation Act

An act regulating the issuance and use of access devices, prohibiting fraudulent acts committed relative thereto, providing penalties, and for other purposes.

Punishable Act

(5) Access Devices Fraud - committed in computer systems. The penalty that will be imposed shall be (1) one degree higher than that provided for in Republic Act No. 8484.

Punishment

Any person committing any of the acts constituting access device fraud enumerated in the immediately preceding section shall be punished with:

Imprisonment for not less than twelve (12) years and not more than twenty (20) years and a fine twice the equivalent of the aggregate amount of all affected or exposed bank accounts, but the fine shall not be less than five hundred thousand pesos (Php 500,000.00), in the case of an offender who is in possession of ten (10) or more counterfeit access devices and/or unauthorized accessed devices and was able to access at least one (1) account or had gained credit by the fraudulent use of any such access device in his possession;

Imprisonment for not less than six (6) years and not more than twice (12) years and a fine twice the equivalent of the aggregate amount of all affected or exposed bank accounts, but the fine shall not be less than two hundred and fifty thousand pesos (Php 250,000.00), in the case of an offender who is in possession of ten (10) or more counterfeit access devices and/or unauthorized accessed devices but was not proven to have accessed any account nor had gained credit by the fraudulent use of any such access device in his possession;

Imprisonment for not less than four (4) years and not more than six (6) years and a fine twice the value of the fraudulently obtained credit, without prejudice to the civil liability of the offending party, in the case of an offense involving fraudulent use of a credit card;

Imprisonment for not less than six (6) and not more than ten (10) years, and a fine of five hundred thousand pesos (Php 500,000.00) or twice the amount obtained by the offender, whichever is higher, without prejudice to the civil liability of the offender

Imprisonment for not less than ten (10) and not more than twelve (12) years, and a fine of five hundred thousand pesos (Php 500,000.00) or twice the amount obtained by the offender, whichever is higher, without prejudice to the civil liability of the offender

Imprisonment for not less than twelve (12) and not more than twenty (20) years, and a fine of eight hundred thousand pesos (Php 800,000.00) or twice the amount obtained by the offender, whichever is higher, without prejudice to the civil liability of the offender, in the case of an offense under section 9, which occurs after a conviction for another offense under said subsection, or an attempt to commit the same; and

The penalty of life imprisonment and a fine of not less than one million pesos (Php 1,000,000.00) but not more than five million pesos (Php 5,000,000.00) shall be imposed upon an offense involving economic sabotage.

                There is economic sabotage:

If any of the prohibited acts in Section 9 involve hacking of a bank system; or

If the offense under Section 9(s) affected fifty (50) or more online banking accounts, credit cards, ATM cards, and debit cards.

Exemption

8484 (The Access Device Regulation) An act regulating the issuance and use ofaccess devices, prohibiting fraudulent acts committed relative thereto, providing penalties and for other purposes.

Limitation/s

Section 6. Exceptions. – The disclosures required under Section 4 of this Act may be omitted in any telephone solicitation or application if the credit card issuer:

(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

Area for Improvement

Through the power of technologies nowadays, this law can be more strengthen. In which, in order to safeguard someone’s identity, personal information of each user, and transactions, one should make a software that has a strong security attachment (or is protected by a trusted secret agency) and that is free from any registered users. Above all, whoever access to a certain device -  there should be a secret agent who is monitoring simultaneously to insure that the user is not an alien or a hacker.

Sources

https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.congress.gov.ph/legisdocs/basic_17/HB05723.pdf&ved=2ahUKEwj_jq2QrrLfAhUL7LwKHfRICiMQFjABegQIDhAE&usg=AOvVaw0niSfLg7mc_YhigpMntoIg

https://www.google.com/url?sa=t&source=web&rct=j&url=http://www.congress.gov.ph/legisdocs/basic_17/HB06355.pdf&ved=2ahUKEwiZ_IfnvrLfAhUJyLwKHVW4A2cQFjABegQIDhAF&usg=AOvVaw2WAK5sHMCvdNXZlSIBTUAW

https://www.scribd.com/doc/158128650/Access-Device-Notes

https://webcache.googleusercontent.com/search?q=cache:c4tJLuGWxCIJ:https://www.lawphil.net/statutes/repacts/ra1998/ra_8484_1998.html+&cd=1&hl=en&ct=clnk&gl=ph

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ICT as a Platform for Change

#1: 

As a Digital Citizen, I will be responsible and matured enough to do what is right and to train myself not to do unnecessary things just to satisfy my content and/or desire. Another, as a digital citizen I will share my knowledge to my co – digital citizens to what are the dos and don’ts in the digital world and to encourage them to make an action out of it. 

#2: 

Digital Communication is an electronic transmission of information that has been encoded digitally (Vocabulary). Through media, we can reach our friends and families through the help of a device – just by texting or calling them whenever we want to. Through the evolution of media, it gave us the solution on what is/are the easy way on how to interact with another people and/or express our thoughts and feelings without the need of physical appearance. However, on the other hand, digital communication can lead an individual to danger if he or she does not know how to use or handle media (e.g. prank). 

Source: https://www.vocabulary.com/dictionary/digital%20communication

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Curriculum Vitae

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Interactive Multimedia

ONLINE TESTS

 Examples: Quipper, Wimbledon School of English, and ProProfs

 For me, through online tests one individual can have the opportunity to test their IQ level, improve their style of studying and improve their ways on how to manage their time wisely. Online test is a big help to those people who could not afford to go to school which they can learn something through video presentations and online tests.

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Creative Common Rights / Copyright Law

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Google Tool

For me, Google Map is one of the recommended tool or app to be used if an individual wants to be – guided if he is travelling to a new place, not to be lost along the way and for him to know what are the various hotels, restaurants, and gas stations that are/is available to the place he have travel. For instance, if you are a tourist to a particular place and you feel like you don’t remember anymore the first place you have visit, this tool is perfect to use as a navigator. In a way, that you don’t need any more the help of a stranger to know directions. Another, this tool also helps you to know how many kilometers or miles do you need or you have travel and where can you find gas stations along the way.

 Moreover, even if Iligan City is my hometown I still don’t know the different places here – in a way  that,  I still  need  the guidance  of  someone for  me  to be  guided  especially that  I  like to explore and travel new places. So in order for me to be guided, I will use Google Map as my navigator.

[sophiaesclares18-blog]

Online Safety, Security, Ethics, and Etiquette

Accessing to another account for a couple of weeks just to play Village Life (one of the games in Facebook) without  the  knowledge of  the  owner was  the experienced that  I  have always tend  to  do but  later  did I  discover  that it  was  not a  standard  of an  online  ethic and etiquette. And the owner of that account was my mother, which as a result of my naughtiness, she caught me and reprimanded me whole evening. Later that night, she changed her password but after three days of that “reprimanded scene”, I had soon known her password ha-ha...   I was 8 years of age back then, by the way.

[sophiaesclares18-blog]

Information Communication and Technology (ICT)

Question #1: Which sector (business, education, energy, health, entertainment, manufacturing, construction and etc.) do you think had the biggest impact in terms of effect of ICT in the Philippines? Give a brief statement explaining how this sector did contribute from ICT.

Answer #1: I believe all sectors (business, education, energy, health, entertainment, manufacturing, construction and etc.) that are mentioned have a contribution to the Information Communication and Technology (ICT) field. It is because the arising of ICT to the lives of individuals had given them big opportunities to become a productive person in their near future in such a way that through the abundance of technologies they can now have a way or an idea on how to improve their jobs and how to contribute something beneficial to the world. Moreover, you can observe that as time passes by, our country Philippines, as well as the lives of Filipinos have slowly improved - and that is because of the advantages we got from the ICT. For instance, in the field of several occupations (e.g. Teacher and Businessman) here in the Philippines, through the help of technologies; their performances in work have improved in a way that, they can now use technologies that can help to their performance. Such that, our country is one of the countries in the whole world who have successful persons because of the ascending of ICT.

Question #2: Name an application or website that helped you in your life as a person and also tell how this application or website helped you.

Answer #2: Facebook and YouTube are one of the applications that I used and that help me in some aspects of my life. When I need or if I want to know or to be keep updated with regards to school activities, Facebook is one of my resorts. In which, here in this app you can ask someone or a friend through online about a certain topic that concerns you and as well as  be keep updated to the things around the world. Another is YouTube. For me, this app is one of the apps that are a multipurpose. Because besides of being an entertainment site or app, you can also use this app for studying and stuffs and it is quite reliable because those who are explaining in the video about a certain topic, do have a knowledge about the specific lesson that he or she discusses.