Private – Public

Cooperation
OBJECTIVES

At the end of the course the participants will be

able to:
Recognise that cooperation with the private
sector is essential and available for the purpose
of combatting cybercrime
Be familiar with the elements and case law on
CyberLibel
OUTLINE
I. Introduction
Judge Gerardo Paguio Jr.
II. Elements and Jurisprudence of CyberLibel
Judge Ofelia Calo
III. Levels of Cooperation
CP Giselle Marie S. Geronimo
IV. Modes of Identifying the Perpetrator and obtaining content data
CP Oliver S. Garcia
V. Open Forum

Documentor – Joey J. Angostora

Social Networking

Social networking is one of the most active web-based activities in the Philippines, with
Filipinos being declared as the most active users on a number of web-based social network
sites such as Facebook, Instagram, Snapchat and Twitter. The use of social networking
website has become so extensive in the Philippines that the country has been tagged as "The
Social Networking Capital of the World," and has also become part of Filipino cyberculture.
Social networking is also used in the Philippines as a form of election campaign material, as
well as tools to aid criminal investigation.
Statistics
Social Media
Cyber Libel - Background

The Cybercrime Prevention Act of 2012, officially

recorded as Republic Act No. 10175, is a law in
the Philippines approved on September 12, 2012.
Among the cybercrime offenses included in the bill
are cybersquatting, cybersex, child pornography, identity
theft, illegal access to data and libel.
While hailed for penalizing illegal acts the act has been
criticized for its provision on criminalizing libel, which is
perceived to be a curtailment in freedom of expression.
Libel

Public and malicious imputation of a crime,

or of a vice or defect, real or imaginary, or
any act, omission, condition, status or
circumstance tending to cause the
dishonor, discredit or contempt of a natural
or blacken the memory of one who is
dead.
Cyber Libel
Is actually not a new crime since Art. 353 in relation to Art.
355 of the RPC already punishes it. In effect Sec. 4(c) 4
above merely affirms that online defamation constitutes
“Similar means” for committing libel.

- Jose Jesus Disini et al vs. The Secretary of Justice, et

al. G.R No. 203335, February 11, 2014

SC rules that the place where article is “accessed” is not

synonymous to the place where it is “first published” for
purposes of vesting jurisdiction on the RTC of Makati.
(Bonifacio v. RTC of Makati G.R. 184800, 5 May 2010).
G.R. NO. 203335, Feb. 11, 2014, Disini et al v. Secretary of
Justice, et al.
- consolidated petitions seeking to declare several provision
of R.A. 10175 , the Cybercrime Prevention Act fof 2012,
UNCONSTITUTIONAL and VOID.
a. Section 4 © (3) of R.A. 10175 that penalizes posting of
unsolicited commercial communications
b. Section 12 that authorizes the collection of recording of
traffic data in real-time, and
c. Section 19 that authorizes the DOJ to restrict or block
access to inspected Computer Data
Further, the SC declared:
1. Section 4 (c) (4) that penalizes online libed as VALID and
CONSTITUTIONAL with respect to the original author of the
post but VOID and UNCONSTITUTIONAL with respect to
others who simply receive the post and react to it; and
2. Section 5 that penalizes aiding or abetting and attempt in
the commission of cybercrimes as VOID and
UNCONSTITUTIONAL only with respect to Sec. 4 (c) (3) on
unsolicited commercial communications and 4 (c) (4) on
online libel.
VOID AND UNCONSTITUTIONAL

Online libel as to which, charging the offender under

both Section 4 (c) (4) of R.A. 10175 and Article 353 of the
Revised Penal Code – it constitutes a violation of the
proscription against double jeopardy
Jurisprudence simplified the elements of
libel:

 Allegation of a discreditable act or condition concerning

another;
 Publication of the charge;
 Identity of the person defamed; and.
 Existence of malice. (Vasquez v. Court of Appeals, 373 Phil.
238 [1999])
LEVELS OF COOPERATION
COMPULSORY COOPERATION
Arts. 23-35 of Budapest Convention
Re: Mutual legal assistance through government authorities.

VOLUNTARY COOPERATION WITH LEGAL MANDATE

Art. 32 of Budapest Convention
Re: Trans-border access to stored computer data with
consent or where publicly available.

VOLUNTARY COOPERATION REGARDLESS OF LEGAL MANDATE

Direct cooperation with foreign service providers
MODES OF IDENTIFYING THE
PERPETRATOR AND OBTAINING
CONTENT DATA
How to download FB content data

1. Click at the top right of any Facebook page

and select Settings.
2. Click Download a copy of your Facebook data
at the bottom of General Account Settings.
3. Click Start My Archive.
THANK YOU