Article 193Act No. 3815, Sec./Art. 193

Illegal possession of opium pipe or other paraphernalia for the use of any prohibited drug.-The penalty of arresto mayor and a fine not exceeding 500 pesos shall be imposed upon any person who, not being authorized by law, shall possess any opium pipe or other paraphernalia for smoking, injecting, administering or using opium or any prohibited drug.

The illegal possession of an opium pipe or other paraphernalia for using any other prohibited drug shall be prima facie evidence that its possessor has used said drug.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

All recordings made under court authorization shall,

within forty-eight hours after the expiration of the period

fixed in the order, be deposited with the court in a sealed

envelope or sealed package, and shall be accompanied

by an affidavit of the peace officer granted such authority

stating the number of recordings made, the dates and

times covered by each recording, the number of tapes,

discs, or records included in the deposit, and certifying

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 envelope or

package deposited with the court. The envelope or

package

so

deposited

shall

not be opened, or the

recordings replayed, or used in evidence, or their 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.

The court referred to in this section shall be understood

to

mean

the

Court

of

First

Instance within whose

territorial jurisdiction the acts for which authority is

applied for are to be executed.

Section 4. Any communication or spoken word, or the

existence,

contents,

substance,

purport,

effect,

or

meaning

of

the

same

or

any

part

thereof, or any

information therein contained obtained or secured by

any person in violation of the preceding sections of this

Act shall not be admissible in evidence in any judicial,

quasi-judicial,

legislative or administrative hearing or

investigation.

Section 5. All laws inconsistent with the provisions of this

Act are hereby repealed or accordingly amended.

Section 6. This Act shall take effect upon its approval.

Approved: June 19, 1965

RA No 10175 | Cybercrime Prevention Act of

2012

REPUBLIC ACT NO. 10175

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE

PREVENTION, INVESTIGATION, SUPPRESSION AND THE

IMPOSITION

OF

PENALTIES

THEREFOR

AND

FOR

OTHER PURPOSES

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled:

CHAPTER I PRELIMINARY PROVISIONS

Section 1. Title. — This Act shall be known as the

"Cybercrime Prevention Act of 2012″.

Section 2. Declaration of Policy. — The State recognizes

the

vital

role

of

information

and

communications

industries

such

as

content

production,

telecommunications, broadcasting electronic commerce,

and data processing, in the nation’s overall social and

economic development. The State also recognizes the

importance of providing an environment conducive to

the development, acceleration, and rational application

and exploitation of information and communications

technology (ICT) to attain free, easy, and intelligible

access to exchange and/or delivery of information; and

the

need to protect and safeguard the integrity of

computer,

computer

and

communications

systems,

networks,

and

databases,

and

the

confidentiality,

integrity, and availability of information and data stored

therein, from all forms of misuse, abuse, and illegal access

by making punishable under the law such conduct or

conducts. In this light, the State shall adopt sufficient

powers to effectively prevent and combat such offenses

by

facilitating

their

detection,

investigation,

and

prosecution at both the domestic and international levels,

and by providing arrangements for fast and reliable

international cooperation.

Section 3. Definition of Terms. — For purposes of this Act,

the following terms are hereby defined as follows:

(a) Access refers to the instruction, communication with,

storing data in, retrieving data from, or otherwise making

use

of

any

resources

of

a

computer

system

or

communication network.

(b) Alteration refers to the modification or change, in

form or substance, of an existing computer data or

program.

(c)

Communication

refers

to

the

transmission

of

information through ICT media, including voice, video

and other forms of data.

(d) Computer refers to an electronic, magnetic, optical,

electrochemical,

or

other

data

processing

or

communications device, or grouping of such devices,

capable of performing logical, arithmetic, routing, or

storage functions and which includes any storage facility

or equipment or communications facility or equipment

directly related to or operating in conjunction with such

device. It covers any type of computer device including

devices with data processing capabilities like mobile

phones, smart phones, computer networks and other

devices connected to the internet.

(e) Computer data refers to any representation of facts,

information, or concepts in a form suitable for processing

in a computer system including a program suitable to

cause a computer system to perform a function and

includes electronic documents and/or electronic data

messages whether stored in local computer systems or

online.

(f) Computer program refers to a set of instructions

executed by the computer to achieve intended results.

(g) Computer system refers to any device or group of

interconnected or related devices, one or more of which,

pursuant to a program, performs automated processing

of data. It covers any type of device with data processing

capabilities including, but not limited to, computers and

mobile phones. The device consisting of hardware and

software

may

include

input,

output

and

storage

components which may stand alone or be connected in a

network

or

other

similar

devices.

It

also

includes

computer data storage devices or media.

(h) Without right refers to either: (i) conduct undertaken

without or in excess of authority; or (ii) conduct not

covered by established legal defenses, excuses, court

orders, justifications, or relevant principles under the law.

(i) Cyber refers to a computer or a computer network, the

electronic medium in which online communication takes

place.

(j) Critical infrastructure refers to the computer systems,

and/or networks, whether physical or virtual, and/or the

computer programs, computer data and/or traffic data so

vital to this country that the incapacity or destruction of

or interference with such system and assets would have a

debilitating impact on security, national or economic

security,

national

public

health

and

safety,

or

any

combination of those matters.

(k) Cybersecurity refers to the collection of tools, policies,

risk

management

approaches, actions, training, best

practices, assurance and technologies that can be used to

protect the cyber environment and organization and

user’s assets.

(l) Database refers to a representation of information,

knowledge, facts, concepts, or instructions which are

being

prepared,

processed

or

stored

or

have

been

prepared, processed or stored in a formalized manner

and which are intended for use in a computer system.

(m)

Interception

refers

to

listening

to,

recording,

monitoring

or

surveillance

of

the

content

of

communications, including procuring of the content of

data,

either

directly,

through

access

and

use

of

a

computer

system

or

indirectly,

through

the

use

of

electronic eavesdropping or tapping devices, at the same

time that the communication is occurring.

© Compiled By RGL

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