ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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June 1, 2022

Business Law and Labor Law Updates

The topics below may be relevant to your daily activities, especially those which involve business law, labor law, and other legal areas of your business.

 


DISCLOSURE OF COMPUTER DATA UNDER CRIME PREVENTION ACT


COMPUTER DATA

  • Collection of computer data may be done only upon the issuance of a court warrant

  • Any evidence procured without a valid warrant shall be inadmissible in any proceeding before any court or tribunal

  • Computer data may be completely destroyed only after the periods provided for their preservation and examination

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PENALTIES FOR CYBERCRIME OFFENSES


  • A fine of Ten Million Pesos (Php10,000,000.00) may be imposed for violation of the Cybercrime Prevention Act in addition to imprisonment

  • Juridical persons such as corporations may also be held liable for violation of the same law

  • The liability imposed on the juridical person does not exclude or excuse the criminal liability of a natural person who has committed the offense

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ENFORCEMENT OF SECURITY INTEREST OF SECURED CREDITOR’S RIGHTS UNDER PERSONAL PROPERTY SECURITY ACT


  • The secured creditor may enforce its security interest whether through a judicial process or through an extra-judicial process.

  • The secured creditor may take possession of the collateral without judicial process if the security agreement so stipulates, provided, that possession can be taken without a breach of the peace.

  • If the collateral is a fixture, the secured creditor, if it has priority over all owners and mortgagees, may remove the fixture from the real property to which it is affixed without judicial process.

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CYBERCRIME OFFENSES UNDER THE CYBERCRIME PREVENTION ACT


offenses

  • Confidentiality and integrity of computer data and systems are protected

  • The misuse of computer devises may be punishable under the Cybercrime Prevention Act

  • Any person who merely aids in the commission of any of the cybercrime offenses may be held liable

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