Article 194Act No. 3815, Sec./Art. 194

Prescribing opium unnecessarily for a patient.-The penalty of prision correccional or a fine ranging from 300 to 10,000 pesos, or both, shall be imposed upon any physician or dentist who shall prescribe opium for any person whose physical condition does not require the use of the same.

TITLE SIX

CRIMES AGAINST PUBLIC MORALS

CHAPTER ONE

GAMBLING AND BETTING

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

(n) Service provider refers to:

(1) Any public or private entity that provides to users of its

service

the

ability

to

communicate

by means of a

computer system; and

(2) Any other entity that processes or stores computer

data on behalf of such communication service or users of

such service.

(o) Subscriber’s information refers to any information

contained in the form of computer data or any other form

that is held by a service provider, relating to subscribers of

its services other than traffic or content data and by

which identity can be established:

(1) The type of communication service used, the technical

provisions taken thereto and the period of service;

(2) The subscriber’s identity, postal or geographic address,

telephone

and

other

access numbers, any assigned

network

address,

billing

and

payment

information,

available

on

the basis of the service agreement or

arrangement; and

(3) Any other available information on the site of the

installation of communication equipment, available on

the basis of the service agreement or arrangement.

(p)

Traffic

data

or

non-content

data

refers

to

any

computer

data

other

than

the

content

of

the

communication

including,

but

not

limited

to,

the

communication’s origin, destination, route, time, date,

size, duration, or type of underlying service.

CHAPTER II PUNISHABLE ACTS

Section 4. Cybercrime Offenses.

— The following acts

9

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

9 Disini vs. Secretary of Justice. G.R. No. 203335, February 11,

2014 . Interference, Section 4(a)(5) on Misuse of Devices,

Section 4(a)(6) on Cyber-squatting, Section 4(b)(1) on

Computer-related Forgery, Section 4(b)(2) on

Computer-related Fraud, Section 4(b)(3) on Computer-related

Identity Theft, and Section 4(c)(1) on Cybersex; but VOID and

UNCONSTITUTIONAL with respect to Sections 4(c)(2) on

Child Pornography, 4(c)(3) on Unsolicited Commercial

Communications, and 4(c)(4) on online Libel

(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.

(3) Unsolicited Commercial Communications.

— The

10

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.

10 Supra . Unconstitutional

© Compiled By RGL

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