Article 196Act No. 3815, Sec./Art. 196

Importation, sale and possession of lottery tickets or advertisements.-The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court, shall be imposed upon any person who shall import into the Philippine Islands from any foreign place or port any lottery ticket or advertisement or, in connivance with the importer, shall sell or distribute the same.

Any person who shall knowingly and with intent to use them, have in his possession lottery tickets or advertisements, or shall sell or distribute the same without connivance with the importer of the same, shall be punished by arresto menor, or a fine not exceeding 200 pesos, or both, in the discretion of the court.

The possession of any lottery ticket or advertisement shall be prima facie evidence of an intent to sell, distribute or use the same in the Philippine Islands.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

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

14

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 correccional 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.

CHAPTER V JURISDICTION

Section 21. Jurisdiction. — The Regional Trial Court shall

have jurisdiction over any violation of the provisions of

this Act. including any violation committed by a Filipino

national

regardless

of

the

place

of

commission.

Jurisdiction shall lie if any of the elements was committed

within the Philippines or committed with the use of any

computer system wholly or partly situated in the country,

or when by such commission any damage is caused to a

natural or juridical person who, at the time the offense

was committed, was in the Philippines.

There shall be designated special cybercrime courts

manned by specially trained judges to handle cybercrime

cases.

CHAPTER VI INTERNATIONAL COOPERATION

Section 22. General Principles Relating to International

Cooperation. — All relevant international instruments on

international

cooperation

in

criminal

matters,

arrangements

agreed

on

the

basis

of

uniform

or

reciprocal legislation, and domestic laws, to the widest

extent possible for the purposes of investigations or

proceedings

concerning

criminal

offenses

related

to

computer systems and data, or for the collection of

evidence in electronic form of a criminal, offense shall be

given full force and effect.

14 Supra at 1. Unconstitutional.

© Compiled By RGL

196 of 201