Published — May 9, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After reading about the penalties, read also: CYBERCRIME OFFENSES UNDER THE CYBERCRIME PREVENTION ACT
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A fine of Ten Million Pesos (Php10,000,000.00) may be imposed for violation of the Cybercrime Prevention Act in addition to imprisonment
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Juridical persons such as corporations may also be held liable for violation of the same law
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The liability imposed on the juridical person does not exclude or excuse the criminal liability of a natural person who has committed the offense
In our previous article, we wrote about cybercrime offenses under the Cybercrime Prevention Act. As a continuation, allow us to provide you its corresponding penalties.
From the table below, look what the law has to say about the penalties for violation of the Cybercrime Prevention Act.
The law says:
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Punishable Acts |
Penalties
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1. Offenses against the confidentiality, integrity and availability of computer data systems:
a. Illegal access b. Illegal Interception c. Data Interference d. System Interference e. Misuse of Devices f. Cyber-squatting
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If found guilty, the person shall be punished with imprisonment of six (6) years and one (1) day to twelve (12) years 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.
But if a person is found guilty of any of the acts concerning the misuse of device, he shall be punished with an imprisonment of six (6) years and one (1) day to twelve (12) years, or a fine of not more than Five Hundred Thousand Pesos (Php500,000.00) up to a maximum amount commensurate to the damage incurred, or both.
If the punishable acts under number (1) are committed against critical infrastructure, the penalty of imprisonment for a period of 12 years 1 day to 20 years, or a fine of not more than Five Hundred Thousand Pesos (Php500,000.00) up to a maximum amount commensurate to the damage incurred or both, shall be imposed.
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2. Computer-related offenses:
a. Computer-related Forgery b. Computer-related Fraud c. Computer-related Identity Theft
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If found guilty, the person shall be punished with imprisonment of six (6) years and one (1) day to twelve (12) years 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.
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3. Content-related offenses:
a. Cybersex b. Child Pornography c. Unsolicited Commercial Communications d. Libel
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If a person is found guilty under 3(a), the imposable penalty is an imprisonment of six (6) years and one (1) day to twelve (12) years, or a fine of at least Two Hundred Thousand (Php200,000.00) Pesos but not exceeding One Million Pesos (Php1,000,000.00) or both.
If a person is found guilty under 3(b), the imposable penalty shall be the penalties as enumerated in Republic Act No. 9775 of the “Anti-Child Pornography Act of 2009” provided that the penalty to be imposed shall be one (1) degree higher than that provided by the said law.
If a person is found guilty under 3(c), the imposable penalty is an imprisonment of one (1) month and one (1) day to six (6) months or a fine of at least Fifty Thousand Pesos (Php50,000.00) but not exceeding Two Hundred Fifty Thousand Pesos (Php250,000.00) or both.
If a person is found guilty under 3(d), the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws as the case may be.
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4. Other offenses:
a. Any person who willfully abets or aids in the commission of any of the offenses under numbers 1 to 3 above
b. Any person who willfully attempts to commit any of the offenses under numbers 1 to 3 above
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If a person is found guilty, the imposable penalty is an imprisonment of one degree lower than that of he prescribed penalty for the offense or a fine of at least One Hundred Thousand Pesos (Php100,000.00) but not exceeding Five Hundred Thousand Pesos (Php500,000.00) or both. |
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5. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies. |
If a person is found guilty, the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws as the case may be. |
However, do note that if the above-mentioned punishable acts are knowingly committed on behalf of or for the benefit of a juridical person such as corporations, by a natural person acting either individually or as part of an organ of the said juridical person, who has a leading position within shall be held liable for a fine equivalent to at least double the fines imposable up to a maximum of Ten Million Pesos (PhP10,000,000.00).
If the commission of any of the above-mentioned punishable acts was made possible due to the lack of supervision or control by a natural person described in the preceding paragraph, for the benefit of that juridical person, the latter shall be held liable for a fine equivalent to at least double the fines imposable up to a maximum of Five million pesos (PhP5,000,000.00). The liability imposed on the juridical person is without prejudice to the criminal liability of the natural person who has committed the offense.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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Thanks for sending really an insightful article.