MENDOZA LAW OFFICE

P. Del Rosario St., Cebu City

September 21, 2016

Ms. Tanganga
Cebu City,
Philippines

Re: Possible actions against Mr. Waylingaw

Dear Ms. Tanganga,

Here is the opinion that you requested.

The facts, as I gather from you, are as follows:

Mr. Waylingaw was your boyfriend who was a computer expert. While he was
playing or surfing his laptop computer through Facebook, he accidentally released
and sent to you a corrupted file called as I Care for You Virus. When you opened the
attached file that contained the virus, it infected and caused damage to your
computer. It instantly duplicated and emailed itself to all the addresses in your email
address book.

The virus changed or omitted graphic files, pictures, videos and music files to
an infected virus and would render them useless. Moreover, it redirected the users
Internet browser to a malicious website.

The issue in your case is whether or not, based on the above facts, Mr.
Waylingaw is liable for his acts even if he has no intention or he has lack of knowledge
about the virus.

In my opinion, even if Mr. Waylingaw has no intention of sending the virus to

you, he can still be made liable since it already caused damage to your computer and
badly affected its content. I base my opinion under the following provisions of the Anti-
Cybercrime Law or Republic Act No. 10175:

SEC. 4. Cybercrime Offenses The following acts constitute

the offense of cybercrime punishable under this Act:

(a) Offenses against the confidentiality, integrity and availability

of computer data and systems:
 xxx xxx xxx

(3) Data Interference. The intentional or reckless alteration,

damaging, deletion or deterioration of computer data, electronic
document, or electronic data message, without right, including
the introduction of transmission of viruses.

(4) System Interference. The intentional alteration or reckless

hindering or interference with the functioning of a computer or
computer network by inputting, transmitting, damaging, deleting,
deteriorating, altering or suppressing computer data or program,
electronic document, or electronic data message, without right or
authority, including the introduction or transmission of viruses.

Based on the aforesaid provision, it is clear that Mr. Walaylingaw can be made
liable of violating the Anti-Cybercrime Law even if he only acted in negligence.
Moreover, any person who commits an act in violation to the said provision is
criminally liable and can be charged under paragraph 1, Section 8, of the same Act
that provides:

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.

By these circumstances, you may file a criminal action against Mr. Walaylingaw.
However, the law also provides that 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. Thus, the burden of proof lies to the person who seeks for relief. In
your case, you have to cooperate first with the law enforcement authorities like the
National Bureau of Investigation to investigate and gather information that will serve
as evidence before the court.

Sincerely yours,

JURIS RENIER C. MENDOZA

Legal Counsel