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Jun 7, 2020 · In the Philippines, the crime specifically labelled as “identity theft” relates to cybercrimes. There is no such specific designation in “traditional” crimes, but identity theft is considered in relation to the crime of estafa under the Revised Penal Code (RPC) of the Philippines. Under Article 315 (2) (a) of the RPC, a person is guilty ...
However, with the passage of R.A. No. 10951,48 the penalties of some crimes which are dependent on the value of the subject matter of the crimes have been greatly affected, and one of these is theft. The law being more favorable to the accused, in general, the same is given a retroactive effect, and, thus, the need to revisit the computation of ...
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- Criminalizing Identity Theft
- Prohibiting Unauthorized Access and Interception of Personal Data
- Establishing The NBI Cybercrime Division
- Providing For The Preservation of Computer Data
- Giving Victims The Right to Seek Damages
- Conclusion
Identity theft is defined under the law as the acquisition, use, misuse, transfer, possession, alteration, or deletion of identifying information belonging to another person. The law makes identity theft a criminal offense and provides legal penalties for offenders, including imprisonment and fines.
The law prohibits the unauthorized access or interception of personal data, such as credit card numbers, passwords, and other sensitive information. It also makes it illegal to use such information for fraudulent purposes, including identity theft. The law also mandates service providers to ensure the confidentiality of data being transmitted.
The National Bureau of Investigation (NBI) Cybercrime Division is tasked with investigating and prosecuting cybercrime cases, including identity theft. The division is composed of specially trained personnel who are equipped to handle cybercrime cases. The division also coordinates with other law enforcement agencies to combat cybercrime in the cou...
The preservation of computer data is an essential provision of the Philippine Anti-Cybercrime Law. It allows law enforcement agencies to obtain and preserve electronic evidence, which can be used to investigate and prosecute cybercrime cases. Electronic evidence can include data from computers, smartphones, or other digital devices. The preservatio...
One of the most significant protections provided by the Philippine Anti-Cybercrime Law is the right of victims of cybercrime, including identity theft, to seek damages for the losses they have suffered. Victims of identity theft can experience a wide range of losses, including financial losses, emotional distress, damage to reputation, and even phy...
In conclusion, the Philippine Anti-Cybercrime Law is a powerful tool in protecting ourselves against identity theft and other cybercrimes. By knowing our rights and taking the necessary precautions, we can ensure that our personal information and online presence remain secure. Remember, prevention is always better than cure, so stay vigilant and st...
- PRELIMINARY PROVISIONS. Section 1. Title. — This Act shall be known as the "Cybercrime Prevention Act of 2012″.
- PUNISHABLE ACTS. Section 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act
- PENALTIES. 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.
- ENFORCEMENT AND IMPLEMENTATION. 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.
PEOPLE OF THE PHILIPPINES, RESPONDENT. SEPARATE CONCURRING OPINION. DELOS SANTOS, J.: I concur with the ponencia ably-written by my esteemed colleague, Associate Justice Ramon Paul L. Hernando, and submit this Opinion to express my thoughts and stress on some particular points. Petitioner Fernando Pante y Rangasa (Pante) was charged with theft ...
Before the Court is a petition for review on certiorari 1 filed by petitioner Ireneo Cahulogan (petitioner) assailing the Decision 2 dated November 6, 2015 and the Resolution 3 dated June 8, 2016 of the Court of Appeals (CA) in CA-G.R. CR No. 01126-MIN, which affirmed the Judgment 4 dated October 4, 2013 of the Regional Trial Court of Cagayan De Oro City, Misamis Oriental, Branch 41 (RTC) in ...
What is peculiar with the cybercrime law is that it also punishes the crime of Aiding or Abetting in the Commission of Computer-related Identity Theft. This was held to be valid and constitutional and RA 10175 states that any person who willfully abets or aids in the commission of any of the offenses enumerated in the Cybercrime Prevention Act ...
