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Criminal Law II > SPL Module 3 > Flashcards

SPL Module 3 Flashcards

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1
Q
  • Cybercrime Law
  • New Anti-Terrorism Law
  • Anti-Hijacking Law
A

RA 10175

RA 11479

RA 6235

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2
Q

Cybercrime Law

A

RA 10175

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3
Q

Cyber-crime Law
Define the following:

c. Communication

A

transmission of information through ICT media, including voice, video

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4
Q

Cyber-crime Law
Define the following:

g. Computer system

A

It covers any type of device with data processing capabilities including, but not limited to, computers and mobile phones

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5
Q

Cyber-crime Law
Define the following:

l. Interception

A

listening to, recording, monitoring, or surveillance of the content of communications,

including PROCURING of the content of data (at the same time communication is occurring), either directly, through access & use of a Comp Sys or indirectly through electronic eavesdropping or tapping devices, at the same time the communication is occurring

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6
Q

what are the acts punishable

SECTION [4]

A

[A] - Offenses against Confidentiality, Integrity, and Availability (CIA) of a Comp Data & Sys

[In Internet Den, You Scroll Mindlessly Chilling] [iidsmc]
1. Illegal Access
2. Illegal Interception
3. Data Interference
4. System Interference
5. Misuse of Devices
6. Cyber-Squatting

[B] Computer-Related Offense
1. C-R forgery
2. C-R fraud
3. C-R Identity Theft

[C] - Content-Related Offense [lucc]
1. Cybersex
2. Child Pornography
3. Unsolicited Commercial Communications
4. Libel

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7
Q

Other offense in cybercrime law (sec 5)

A
  1. Aiding or Abetting in the Commission of CC
  2. ATTEMPT in the commission of CC
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8
Q

sec 4 > offense against confidentiality >

elements of 4a(1)

A person commits the criminal offense of illegal access to a computer system when he or she accesses the whole or any part of a computer system without right

A

ILLEGAL ACCESS

  1. Offender accessed a computer system whether in whole or in part
  2. He accessed the same without right
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9
Q

knowledge check: what is the strict scrutiny test?

A

In terms of judicial review of statutes or ordinances, strict scrutiny refers to the standard for determining the quality and the amount of governmental interest brought to justify the regulation of fundamental freedoms

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10
Q

sec 4 > offense against confidentiality >

elements of 4a(2)

A

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.

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11
Q

sec 4 > offense against confidentiality, integrity, availability of computer system and data >

elements of 4a(3)

A

DATA INTERFERENCE

The intentional or reckless [addd] alteration, damaging, deletion or deterioration of computer DATA, without right

  • including the introduction or transmission of viruses.

Disini v Secretary of Justice
- SC ruled that it is a form of vandalism

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12
Q

sec 4 > offense against confidentiality, integrity, availability of computer system and data >

elements of 4a(4)

A

SYSTEM INTERFERENCE

The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by [itdddas] inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, without right or authority

  • including the introduction or transmission of viruses.
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13
Q

sec 4 > offense against confidentiality, integrity, availability of computer system and data >

elements of 4a(5)

A

MISUSE OF DEVISES

[A]
The USE, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:

a. a DEVICE …for the purpose of committing any of the offenses under this act

b. a COMPUTER PASSWORD …by which …a comp system is accessed with intent of committing any offenses under this act

[B]
POSSESSION of a or b (above mentioned) with intent to use said devices for purposes of committing any of the offenses under this section

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14
Q

sec 4 > offense against confidentiality, integrity, availability of computer system and data >

elements of 4a(6)

A

CYBERSQUATTING

acquisition of a DOMAIN NAME over the internet in BAD FAITH to [pmdd] 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 …
ii. identical or in any way similar with the name of a PERSON other than the registrant
iii. acquired w/o right or w/ intellectual property interest in it

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15
Q

> computer-related offenses >

sec 4b(1)

A

COMPUTER-RELATED FORGERY

i. input, alteration, deletion of COMP data w/o right resulting in INAUTHENTIC DATA w/ intent it be considered for legal purposesas if it were authentic…

ii. act of knowingly using COMP data which is the BY PRODUCT OF C-R FORGERY… for the purpose of perpetuating a fraudulent/dishonest design.

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16
Q

> computer-related offenses >

sec 4b(2)

A

C-R FRAUD

  • unauthorized INPUT, DELETION, ALTERATION, of Comp Data [or] interference in the Comp Sysem, causing [[DAMAGE]] thereby w/ fraudulent intent
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17
Q

> computer-related offenses >

sec 4b(3)

A

C-R IDENTITY THEFT

intentional acquisition, use misuse, transfer, possession, alteration, or deletion of identifying information belonging to another, whether natural or juridical w/o right

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18
Q

content related offense >

sec 4(c) 1

A

CYBERSEX

willful engagement…or operation, in/directly, of any lascivious exhibition of sexual organs [or] sexual activity, with the aid of a computer system, FOR FAVOR OR CONSIDERATION

note
- private obscene show between 2 persons is NOT penalized
- engaging in a business is a NECESSARY ELEEMENT to constitute cybersex

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19
Q

[A]
a trafficked victim is an actress in a cybersex video

[B]
child engaged in cyberpornography,

[C]
A & B make money using only fans

what is the crime?

A

[A]
violation of 9208

[B]
violation of 9775 in relation to 10175(cybercrime) or 7610

[C]
violation of RA 10175

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20
Q

content related offense >

sec 4(c) 2

A

CHILD PORNOGRAPHY

unlawful act punishable by RA 9775 (Anti-Child Pornography Act) committed through a comp sys

provided that penalty imposed SHALL BE ONE DEGREE HIGHER than provided in RA 9775

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21
Q

insofar as CHILD PORNOGRAPHY is concerned,

The elements of child pornography under RA 9775 are as follows:
(1) There is a written, visual, and/or audio material;
(2) The content of the material involves a real or simulated explicit sexual activity; and
(3) The one engaged in the sexual activity, whether a natural person, a graphical representation of a person, or a computer generated image of a person, is a child or is presented, depicted, or portrayed as a child

material does not immediately mean online material as there could be physical material

what is the effect of RA 10175 to RA 9775

A

it merely increases the imposable penalty provided in RA 9775 by one degree higher if committed with a COMPUTER SYSTEM

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22
Q

content related offense >

sec 4(c) 3

A

UNSOLICITATED COMMERCIAL COMMUNICATION (spam)

  • the transmission of UCC/spam which seek to advertise, sell, or offer for sale products & services are PROHIBITED UNLESSa. there is prior affirmative consent from recipient
    b. primary intent of the communication is announcement to its existing users (shrt)
    c. ff. conditions are present
    1. simple opt-out feature
    2. comms does not disguise source of message
    3. comms does not purposely include misleading info..to induce reading
23
Q

content related offense >

sec 4(c) 4

A

LIBEL

Unlawful acts in [Art. 355] committed through a comp sys or any other similar means devised in the future

24
Q

content related offense >

sec 5 (a) & (b)

A

OTHER OFFENSES sec 5(a)

aiding, abetting, in the commission of CC
- any person who willfully abets/aids shall be liable

note
- UNCONSTI Sec 5(a) to Sec 4. 4 (libel)
sec 4. 3 (unsol commer comm)
sec 4.2 (child porn)

OTHER OFFENSES sec 5(b)

ATTEMPT in the commission of CC -
person who willfully attempt is liable

25
Q

knowledge check: when is a felony in the attempted stage?

note
- felony = RPC

A

Art 6. RPC

There is an ATTEMPT when the offender
1. commences the commission of a felony directly by overt acts, and
2. does NOT perform all the acts of execution which should produce the felony
3. by reason of some cause or accident other than his own spontaneous desistance

26
Q

10175

Legal Basis (LB) for imposing one degree higher

LB prosecution of RA 10175 is without prejudice for violation of any provision of RPC or SPL

A

sec 6

[b]
sec 7

27
Q

When may a person or service provider be required to disclose or submit the subscriber’s information, traffic data or relevant data in his possession ?

A

sec 14

law enforcement authorities, upon securing a COURT WARRANT, shall issue an order requiring any person or S.P. to disclose or submit subscriber’s information

28
Q

what is the EXCLUSIONARY RULE

A

sec 18

any evidenced procured WITHOUT A VALID WARRANT or BEYOND AUTHORITY of the same shall be INADMISSIBLE for any proceeding before any court or tribunal.

29
Q

Under what situation may the DOJ order the restricting or blocking access to computer data

A

sec 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.

30
Q

What provisions of the Cybercrime Prevention Act were retained by the SC as constitutional and what is the rationale behind the retention

A

i dont think this’ll come out

31
Q

What provisions of the Cybercrime Prevention Act were declared void for being unconstitutional and why?

A

neither will this go out

32
Q

NEW ANTI-TERRORISM

A

11479

33
Q

How does RA 11479 define “Terrorism?

[b]
very general idea of acts

A

SECTION 4

Terrorism is committed by ANY PERSON, within or outside the Phil. regardless of the stage of execution

[b]
a - cause DEATH and the like
b - DAMAGE to PROPERTY
c. INTERFERENCE to CRITICAL INFRASTRUCTURE
d. POSSESS bio, nuclear, radiological, chem weapons
e. RELEASE of substances [or] fire,flood,explosion with the PURPOSE of
i. intimidate public
ii. provoke gov’t
iii. create public emergency

34
Q

sec 4 of 11479 > Sec 4(a)

A

engages in acts INTENDED to cause death or serious bodily injury to any person, or endangers a person’s life

35
Q

sec 4 of 11479 > Sec 4(b)

A

engages in acts INTENDED to cause EXTENSIVE DAMAGE or DESTRUCTION to a GOV’T or PUBLIC FACILITY, PLACE, or PRIVATE PROPERTY

36
Q

sec 4 of 11479 > Sec 4(c)

A

engages in acts INTENDED to cause EXTENSIVE INTERFERENCE with, damage, or destruction to CRITICAL INFRASTRUCTURE

37
Q

sec 4 of 11479 > Sec 4(d)

A

[stumpad] supplies, transport, use, manufacture, possess, acquire, develop WEAPONS, EXPLOSIVES, or biological, nuclear, radiological, and chemical, WEAPONS

38
Q

sec 4 of 11479 > Sec 4(e)

A

RELEASE of dangerous substances, or causing fire, flood, explosions

39
Q

in addition to sec 4a-e, what is the second component to constitute a crime of terrorism?

A

**PURPOSE of Such Act, by its NATURE & CONTEXT, is

  • is to intimidate the general public, … create an atmosphere or spread a message of fear
  • to provoke or influence by intimidation the GOV’T or any Intrn. Org,
  • to seriously destabilize or destroy the FUNDAMENTAL [pes] political, economical, social STRUCTURES of the country, or
  • to create a public EMERGENCY or seriously undermine PUBLIC SAFETY
40
Q

How is this different from the definition of terrorism under the Human Act (not important)

A
41
Q

Is mere threat to commit terrorism punishable?

A

Yes, sec 5 provides that

Any person who shall threaten to commit any of the acts mentioned in Section 4 hereof shall suffer the penalty of imprisonment of twelve (12) years

42
Q

Are preparatory acts punishable under this law?

A

Yes, section 6

Planning, Training, Preparing, and facilitating the Commission of Terrorism.- it shall be unlawful for any person to participate in the planning, training, preparation and facilitation in the commission of terrorism, possessing objects connected with the preparation for the commission of terrorism, or collecting or making documents connected with the preparation of terrorism

43
Q

What are the OTHER punishable acts under this law?

A

sec 4 - acts of terrorism
sec 5 - mere threat to commit
sec 6 - preparatory acts
sec 7 - conspiracy to commit
sec 8 - proposal to commit
sec 9 - inciting to commit

sec 10 - recruitment [and] membership to terrorist org

sec 12 - providing material support to terrorist

note
- all liable as PRINCIPAL

44
Q

Who is deemed as “accessory” under this law?

A
  • Any person who having KNOWLEDGE of the commission of any of the crimes defined and penalized under Section 4 of this Act,
  • WITHOUT PARTICIPATION OF THE COMMISSION,, takes part SUBSEQUENT to its commission in any of the following manner:
    (a) by profiting himself [or] assisting the offender to profit by the effects of the crime;
    (b) by concealing or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; or (c) by harboring, concealing, or assisting in the escape of the PRINCIPAL [or] CONSPIRATOR of the crime, shall be liable as an accessory and shall suffer the penalty of imprisonment of twelve (12) years.

No person, regardless of relationship or affinity, shall be exempt from liability under this section.

45
Q

Is Surveillance of Suspects and Interception and Recording of Communications lawful under this law?

What are the requisites for the issuance of an Order Allowing Surveillance of Suspects and Interception and Recording of Communications?

What is the period of effectivity of this Order? Is it extendable?

not important imo

A
46
Q

When may the Anti-Terrorism Council (ATC) designate an individual or a group as Terrorist/s?

A

designation = by the ATC

proscription = DOJ declaring group of persons etc as terrorist. CA issues order of proscription if probable cause exist

47
Q

What is the period of effectivity of this Order? Is it extendable?
When may the Anti-Terrorism Council (ATC) designate an individual or a
group as Terrorist/s?
What is an Order of Proscription?
How may it be obtained? What is the procedure for its issuance?
For how long may a person be detained under this law? When may
detention be extended?
When may the right to travel be restricted under this law?
When may Order to Freeze Funds or Property be issued? Who has the
authority to freeze the same? How long is it effective?
When may the Funds or Property subject of the Order to Freeze be subject
of civil forfeiture?

A
48
Q

May this law be given extra-territorial application?

A

Sec 49 on Extraterritorial Application

Subject to the provision of any treaty of which the Philippines is a signatory …

(a) To a Filipino citizen or national who commits any of the acts defined and penalized under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of this Act outside the territorial jurisdiction of the Philippines;

(b) [individual person] physically outside, inside the territorial limits

(c) [individual person]
physically outside, on board on Philippine air/ship

(d) [individual person] ** committed of par. (a) in … diplomatic premises belonging to or occupied by the Philippine government in an official capacity;**

(e) [individual person]
physically outside, committed mentioned acts against “Phil citizens or philippine descent” where their citizenship/ethnicity was a FACTOR IN THE COMMISSION of the crime

(f) [individual person] physically outside, Committed said crimes against phil gov’t

49
Q

Anti-Hijacking Law

A

6235

50
Q

What are the four situations governed by this law?

A

(sec 1)
1. it shall be unlawful for any person to compel a change in the course or destination of an aircraft of PHIL registry, [or] to seize, usurp the control thereof, WHILE it is in flight

(sec 1)
2. …to compel an aircraft of FOREIGN registry to land in Philippine territory [or] to seize or usurp control thereof WHILE it is in the said territory.

(sec 3)
3. it shall be unlawful for any person, natural or juridical, to [slc] ship, load, carry in any PASSENGER AIRCRAFT operating as a public utility w/in the Phil with [efcps] explosive, corrosive, flammable, poisonous substance or material

(sec 4)
4. sl shipping or loading [such] substances on a CARGO AIRCRAFT operating as a public utility in the Philippines in a manner not in accord with the rules & regulations issued by the AIR TRANSPORTATION OFFICE (ATO) or **CIVIL AERONAUTICS ADMINISTRATION (CAA)

51
Q

What are the circumstances considered aggravating under this law?

A

section 2

  1. whenever he has FIRED UPON the pilot, member of the crew, or passenger of the aircraft
  2. … EXPLODED or ATTEMPTED to EXPLODE any bomb or explosive to destroy the aircraft
  3. …crime is accompanied by murder, homicide, serious physical injury, or rape
52
Q

How will the physical injury or damage to property which resulted from the carrying or loading of the flammable, corrosive, explosive or poisonous substance in an aircraft be prosecuted?

A

sec 7

for any death or injury to persons or damage to property resulting from a violation of sec 3 & 4, the person responsible may be held liable in accordance with the applicable provisions of the RPC

53
Q

When is an aircraft considered in flight?

A

sec 1
[a]
an aircraft is in flight the moment ALL its external doors are closed
[b]
following embarkation until ANY of such doors is opened for disembarkation

54
Q
A

Criminal Law II (36 decks)

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