The La Salle Institute of Governance (LSIG) released the findings of the research project on January 15. R.A. 9775, a consolidation of a House and a Senate bill, was passed on October 13 and signed by President Gloria Arroyo on November 17.
The law creates an “Inter-Agency Council Against Child Pornography led by the Department of Social Welfare and Development, with a membership composed of the heads of the Department of Justice, Department of Labor and Employment, Department of Science and Technology, Philippine National Police, Commission on Human Rights, Commission on Information and Communication Technology, National Telecommunications Commission, Council for the Welfare of Children, Philippine Center on Transnational Crime, Optical Media Board and National Bureau of Investigation” and include representatives from child-focused nongovernment organizations.
Fr. Shay says R.A. 9775 is “the first major step forward in protecting children from being sexually exploited through the making and distribution of images of them being sexually abused. The law is hard hitting and among other things prohibits the possession, making, distribution, display, and the attempt to access or transmit on the internet or by cell phone any illegal images depicting sexual activity with or of children or their private parts.”
Declaration of Policy. - The State recognizes the vital role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual, emotional, psychological and social well-being.
Towards this end, the State shall:
(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty and other conditions prejudicial to their development;
(b) Protect the child from all forms of exploitation and abuse including, but not limited to: (1) the exploitative use of a child or children in pornographic performances and materials; and (2) the inducement or coercion of a child to engage in or perform any sexual activity or practices, through whatever means; and
(c) Comply with international treaties to which the Philippines is a signatory or a State party concerning the rights of children which include, but not limited to, the Convention on the Rights of the Child, the 2nd Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, the International Labor Organization (ILO) Convention No. 182 on the Elimination of the Worst Forms of Child Labor and the Convention Against Transnational Organized Crime.
Definition of Terms. -
(a) "Children" refers to persons below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.
For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or believed to be a child as defined herein; and
(2) a computer-generated, digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child as defined herein.
(b) "Child pornography" refers to any public or private representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes.
(c) "Child pornography materials" refers to the means and methods by which child pornography is carried out:
(1) As to form:
(i) Visual depiction - which includes not only images of real children but also digital image, computer image or computer-generated image that is indistinguishable from that of real children engaging in an explicit sexual activity. Visual depiction shall include:
(aa) undeveloped film and videotapes;
(bb) data and/or images stored on a computer disk or by electronic means capable of conversion into a visual image;
(cc) photograph, film, video, picture, digital image or picture, computer image or picture, whether made or produced by electronic, mechanical or other means;
(dd) drawings, cartoons, sculptures or paintings depicting children; or
(ee) other analogous visual depiction; or
(ii) Audio representation of a person who is or is represented as being a child and who is engaged in or is represented as being engaged in explicit sexual activity, or an audio representation that advocates, encourages or counsels any sexual activity with children which is an offense under this Act.
Such representation includes audio recordings and live audio transmission conveyed through whatever medium including real-time internet communications; or
(iii) Written text or material that advocates or counsels explicit sexual activity with a child and whose dominant characteristic is the description, for a sexual purpose, of an explicit sexual activity with a child.
(2) As to content:
(i) It includes representation of a person who is, appears to be, or is represented as being a child, the dominant characteristic of which is the depiction, for a sexual purpose, of:
(aa) the sexual organ or the anal region, or a representation thereof; or
(bb) the breasts, or a representation of the breasts, of a female person.
(d) "Explicit sexual activity" refers to actual or simulated -
(1) Sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital, oral to genital, anal to genital or oral to anal, whether between persons of the same or opposite sex;
(2) Bestiality;
(3) Masturbation;
(4) Sadistic or masochistic abuse;
(5) Exhibition of the genitals, buttocks, breast, pubic area and/or anus; or
(6) Use of any object or instrument for lascivious acts.
(e) "Internet address" refers to a website, bulletin board service, internet chat room or news group, or any other internet or shared network protocol address.
(f) "Internet café or kiosk" refers to an establishment that offers or proposes to offer services to the public for the use of its computer/s or computer system for the purpose of accessing the Internet, computer games or related services.
(g) "Internet content host" refers to a person who hosts or who proposes to host Internet content in the Philippines.
(h) "Internet service provider (ISP)" refers to a person or entity that supplies, or proposes to supply, an Internet carriage service to the public.
(i) "Luring" refers to the act of communicating, by means of a computer system, with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of a sexual activity or production of child pornography.
(j) "Grooming" refers to the act of preparing a child or someone who the offender believes to be a child for a sexual activity or sexual relationship by communicating child pornography. It includes online enticement, or enticement through any other means.
(k) "Primarily sexual purposes" refers to purposes which will fulfill all the following conditions:
(1) The average person applying contemporary community standards would find the work taken as a whole appealing to prurient interest and satisfying only the market for gratuitous sex and violence;
(2) The work depicts or describes sexual conduct in a patentlyoffensive way; and
(3) The work taken as a whole imbued within its context, manner or presentation, intention and culture, lascivious, literary, artistic, political and scientific value.
Sec. 4. Unlawful or Prohibited Acts. - It shall be unlawful for a person to commit any of the following acts:
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of child pornography;
(b) To produce, direct, manufacture or create any form of child pornography and child pornography materials;
(c) To sell, offer, advertise and promote child pornography and child pornography materials;
(d) To possess, download, purchase, reproduce or make available child pornography materials with the intent of selling or distributing them;
(e) To publish, post, exhibit, disseminate, distribute, transmit or broadcast child pornography or child pornography materials;
(f) To knowingly possess, view, download, purchase or in any way take steps to procure, obtain or access for personal use child pornography materials; and
(g) To attempt to commit child pornography by luring or grooming a child.
Sec. 5. Duties of an Internet Service Provider (ISP). - An ISP shall:
(a) Prevent access or transmittal of child pornography materials by any person and shall install a blocking system to prevent access to such materials;
(b) Within seven (7) days, report the presence thereof, as well as the particulars of the person maintaining, hosting, distributing or in any manner contributing to the Internet address, to the proper authorities; and
(c) Preserve such evidence for purposes of investigation and prosecution by relevant authorities.
An ISP shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted to gain access to an Internet address which contains child pornography materials.
An ISP who shall knowingly, willfully and intentionally violate this provision shall be subject to the penalty provided under Section 13(e) of this Act.
Sec. 6. Duties of an Internet Content Host. - An Internet content host shall:
(a) Not host any child pornography on its Internet address;
(b) Within seven (7) days, report the presence of child pornography, as well as the particulars of the person maintaining, hosting, distributing or in any manner contributing to such Internet address, to the proper authorities; and
(c) Preserve such evidence for purposes of investigation and prosecution by relevant authorities.An Internet content host shall, upon the request of proper authorities, furnish the particulars of users who gained or attempted to gain access to an Internet address that contains child pornography materials. An Internet content host who shall knowingly, willfully and intentionally violate this provision shall be subject to the penalty provided under Section 13(e) of this Act.
Sec. 7. Duty to Provide Blocking System or Software. - The following shall also have the duty to install blocking system or software to prevent transmittal of or access to the child pornography materials:
(a) Internet café establishments;
(b) Private and public educational institutions;
(c) Public and private offices; and
(d) Service providers such as telephone companies and others.
Sec. 8. Duty to Report. - Photo developers, information technology (IT) professionals, credit card companies and banks, and any person who has direct knowledge of any child pornography activities shall have the duty to report any suspected child pornography materials or transactions to the proper authorities within seven (7) days from discovery thereof.
Sec. 9. Facilitating Unlawful or Prohibited Acts. - It shall be unlawful for a person to knowingly facilitate the commission of any of the prohibited or unlawful acts under any of the provisions of this Act.
Sec. 10. Providing Venue for Commission of Prohibited Acts. - It shall be unlawful for a person to knowingly, willfully and intentionally provide a venue for the commission of prohibited acts such as, but not limited to, dens, private rooms, cubicles in Internet cafes, cinemas, secluded areas in residential houses or in establishments purporting to be a legitimate business.
Sec. 11. Confidentiality. - The right to privacy of the child shall be ensured at any stage of the investigation, prosecution and trial of an offense under this Act. Towards this end, the following rules shall be observed:
(a) The judge, prosecutor or any officer of the law to whom the complaint has been referred to may, whenever necessary to ensure a fair and impartial proceeding and after considering all circumstances for the best interest of the child, conduct a closed-door investigation, prosecution or trial;
(b) The name and personal circumstances of the child or any other information tending to establish his/her identity shall not be disclosed to the public;
(c) Any record regarding a child shall be confidential and kept under seal. Except upon written request and order of the court, a record shall be released only to the following:
(1) Members of the court staff for administrative use;
(2) The prosecuting attorney;
(3) Defense counsel;
(4) The guardian ad litem;
(5) Agents of investigating law enforcement agencies; and
(6) Other persons as determined by the court;.
(d) Any child pornography material that is part of the court records shall be subject to a protective order that provides as follows:
(1) Child pornography materials may be viewed only by the parties, their counsel, their expert witness and guardian ad litem;
(2) No child pornography material, or any portion thereof, shall be divulged to any other person, except as necessary for the investigation, prosecution or trial; and
(3) No person shall be granted access to the child pornography material or any part thereof unless he/she signs a written affirmation that he/she has received and read a copy of the protection order; that he/she submits to the jurisdiction of the court with respect to the protective order; and that in case of violation thereof, he/she will be subject to the contempt power of the court; and
(e) In cases when prosecution or trial is conducted behind closed doors, it shall be unlawful for any editor, publisher and reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer and director of a film in case of the movie industry, or any person utilizing the tri-media facilities or information technology to cause publicity of any case of child pornography.
Republic Act No. 9292 "Electronics Engineering Law of 2004"
Section 2. Statement of Policy. - The State recognizes the importance of electronics engineering in nation-building and development. The State shall therefore develop and nurture competent, virtuous, productive and well-rounded Professional Electronics Engineers, Electronics Engineers and Electronics Technicians whose standards of practice and service shall be excellent, qualitative, world-class and globally competitive through inviolable, honest, effective and credible licensure examinations and through regulatory measures, programs and activities that foster their integrity, continuing professional education, development and growth.
Section 3. Definition and Interpretation of Terms. - As used in this Act, the following terms shall mean:
(a) Electronics - the science dealing with the development and application of devices and systems involving the flow of electrons or other carriers of electric charge, in a vacuum, in gaseous media, in plasma, in semiconductors, in solid-state and/or in similar devices, including, but not limited to, applications involving optical, electromagnetic and other energy forms when transduced or converted into electronic signals.
(b) Professional Electronics Engineer - a person who is qualified to hold himself/herself out as a duly registered/licensed Professional Electronics Engineer under this Act and to affix to his/her name the letters "PECE".
(c) Electronics Engineer - a person who is qualified to hold himself/herself out as a duly registered/licensed Electronics Engineer under this Act and to affix to his/her name the letters "ECE".
(d) Electronics Technician - a person who is qualified to hold himself/herself out as a duly registered/licensed Electronics Technician under this Act and to affix to his/her name the letters "ECT".
(e) Electronics and Communications Engineer - a person who is qualified to hold himself/herself out as a duly-registered/licensed Electronics and Communications Engineer under Republic Act No. 5734.
(f) Computer - any of a variety of electronic devices that is capable of accepting data, programs and/or instructions, executing the programs and/or instructions to process the data and presenting the results.
(g) Information and Communications Technology - the acquisition, production, transformation, storage and transmission/reception of data and information by electronic means in forms such as vocal, pictorial, textual, numeric or the like; also refers to the theoretical and practical applications and processes utilizing such data and information.
(h) Communications - the process of sending and/or receiving information, data, signals and/or messages between two (2) or more points by radio, cable, optical wave guides or other devices and wired or wireless medium
(i) Telecommunications - any transmission, emission or reception of voice, data, electronic messages, text, written or printed matter, fixed or moving pictures or images, words, music or visible or audible signals or sounds, or any information, intelligence and/or control signals of any design/format and for any purpose, by wire, radio, spectral, visual/optical/light, or other electronic, electromagnetic and technological means.
(j) Broadcast, Broadcasting - an undertaking the object of which is to transmit audio, video, text, images or other signals or messages for reception of a broad audience in a geographical area via wired or wireless means.
(k) Industrial Plant - includes all manufacturing establishments and other business endeavors where electronic or electronically-controlled machinery or equipment are installed and/or are being used, sold, maintained, assembled, manufactured or operated.
(l) Commercial Establishment - shall include but not be limited to office buildings, hotels, motels, hospitals, condominiums, stores, apartments, supermarkets, schools, studios, stadia, parking areas, memorial chapels/parks, watercraft and aircraft used for business or profit, and any other building/s or area/s for business purposes, where electronic or electronically-controlled machinery or equipment are installed and/or are being used, sold, maintained, assembled, manufactured or operated.
(m) Consulting Services - as used in this Act, shall include services requiring adequate technical expertise, experience and professional capability in undertaking advisory and review, pre-investment or feasibility studies, design, planning, construction, supervision, management and related services, and other technical studies or special studies in the field of electronics engineering.
(n) Accredited Professional Organization - the integrated and accredited national organization of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians.
Section 4. Categories of Practice.
- The following shall be the engineering and technician categories covered by this Act:
(a) Professional Electronics Engineer (PECE)
(b) Electronics Engineer (ECE)
(c) Electronics Technician (ECT)
ARTICLE IV
PRACTICE OF PROFESSIONAL ELECTRONICS ENGINEERING, ELECTRONICS ENGINEERING AND ELECTRONICS TECHNICIANS
Section 27. Practice of the Profession. - No person shall offer himself/herself in the Philippines as, or use the title "Professional Electronics Engineer", "Electronics Engineer" or "Electronics Technician", as defined in this Act, or use any word, letter figure, or sign whatsoever, tending to convey the impression that he/she is a Professional Electronics Engineer, Electronics Engineer or Electronics Technician, or advertise that he/she is qualified to perform the work of a Professional Electronics Engineer, Electronics Engineer or Electronics Technician, without holding a valid Certificate of Registration and a valid Professional Identification Card in accordance with this Act, except as provided under Section 26 hereof.
Section 28. Prohibitions and Limitations on the Practice of Electronics Engineering and Electronics Technician Profession. - Unless otherwise prescribed by any supervening law, the practice of electronics engineering and electronics technician shall be a professional service, admission to which must be determined on the basis of the individual's personal qualifications. Hence, no firm, company, partnership, association or corporation may be registered or licensed as such for the practice of electronics engineering and electronics technician. However, persons properly registered and licensed as Professional Electronics Engineers, Electronics Engineers or Electronics Technicians may, among themselves or with any other allied professionals, form a partnership or association or corporation and collectively render services as such: Provided, That individual members of such partnerships or associations or corporations shall be responsible for their own respective acts.
Section 29. Seal of the Professional Electronics Engineers. - All licensed Professional Electronics Engineers shall obtain and use a seal of a design prescribed by the Board bearing the registrant's name, registration number and title. Plans, drawings, permit applications, specifications, reports and other technical documents prepared by and/or executed under the supervision of, and issued by the Professional Electronics Engineer shall be stamped on every sheet/page with said seal, indicating therein his/her current Professional Tax Receipt (PTR) number, date/place of payment and current membership number in the Accredited Professional Organization, when filed with government authorities or when used professionally.
Section 30. Code of Ethics and Code of Technical Standards of Practice. - The Board shall adopt a Code of Ethics and the Code of Technical Standards of Practice for Electronics Engineers and Electronics Technicians, which shall be promulgated by the Accredited Professional Organization.
ARTICLE V
SUNDRY PROVISIONS
Section 31. Continuing Professional Education (CPE) and/or Development Programs. - All registered Professional Electronics Engineers, Electronics Engineers, and Electronics Technicians, shall comply with pertinent rules and regulations already prescribed by and/or as may be prescribed and promulgated by the Commission and/or the Board, the Accredited Professional Organization and other government agencies, pursuant to this Act and other relevant laws, international treaties, agreements and/or covenants to which the Philippines is a signatory and has ratified, with respect to continuing professional education and/or development and/or other similar/related programs.
Section 32. Integrated and Accredited Professional Organization. - There shall be one (1) integrated and Accredited Professional Organization of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians in the country, which shall be registered with the Securities and Exchange Commission as a non-stock, non-profit corporation and recognized by the Board, the Commission and all government agencies as the one and only integrated and accredited national organization for the said professionals. Every Professional Electronics Engineer, Electronics Engineer and Electronics Technician, upon registration with the Commission as such, shall ipso facto become a member of this Accredited Professional Organization. Those who have been previously registered by the Board but are not members of this Accredited Professional Organization at the time of effectivity of this Act, shall be allowed to register as members of this organization within three (3) years after the effectivity of this Act. Membership in this Accredited Professional Organization shall not be a bar to membership in other associations of the electronics engineering and electronics technician professions.
The Accredited Professional Organization shall implement the continuing professional education, accredit other organizations or entities to provide continuing professional education, and/or development program promulgated by the Board and/or the Commission, compliance with which shall be one of the requisites for the maintenance of membership in good standing of the professional in the Accredited Professional Organization. All members of good standing of this Accredited Professional Organization shall be issued an annual membership card indicating the membership number and validity period of the membership, which shall be affixed to all plans, specifications and any document signed by the member in the course of practice of his/her profession. Failure to maintain membership in good standing in the Accredited Professional Organization shall be a cause for listing of the individual as delinquent in the roster of professionals.
Section 33. Foreign Reciprocity. - No foreigner shall be admitted for registration as Professional Electronics Engineer, Electronics Engineer or Electronics Technician with or without examination under this Act unless he/she proves in the manner as provided by the Board that, by specific provisions of law, the country, state or province of which he/she is a citizen, subject or national, or in accordance with international treaties, agreements and/or covenants to which their country, state or province is a signatory, admits Filipino citizens to practice as Professional Electronics Engineer, Electronics Engineer or Electronics Technician after an examination or registration process on terms of strict and absolute equality with the citizens, subjects or nationals of said country, including the unconditional recognition of professional licenses issued by the Board and/or the Commission and prerequisite degrees/diplomas issued by institutions of learning duly recognized by the government of the Philippines.
Section 34. Positions in Government Requiring the Services of Registered and Licensed Professional Electronics Engineers, Electronics Engineers and Electronics Technicians. - Within three (3) years from the effectivity of this Act, all existing and proposed positions in the local and national government, whether career, permanent, temporary or contractual and primarily requiring the services of Professional Electronics Engineers, Electronics Engineers or Electronics Technicians shall accordingly be filled only by registered and licensed Professional Electronics Engineers, Electronics Engineers or Electronics Technicians.
Republic Act No. 8484 "Access Devices Regulation Act of 1998."
Section 2. Declaration of policy. – The State recognizes the recent advances in technology and the widespread use of access devices in commercial transactions. Toward this end, the State shall protect the rights and define the liabilities of parties in such commercial transactions by regulating the issuance and use of access devices.
Section 3. Definition of terms. – For purposes of this Act, the terms:
(a) Access Device – means any card, plate, code, account number, electronic serial number, personal identification number, or other telecommunications service, equipment, or instrumental identifier, or other means of account access that can be used to obtain money, good, services, or any other thing of value or to initiate a transfer of funds (other than a transfer originated solely by paper instrument);
(b) Counterfeit Access Device – means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or counterfeit access device;
(c) Unauthorized Access Device – means any access device that is stolen, lost, expired, revoked, canceled, suspended, or obtained with intent to defraud;
(d) Access Device Fraudulently Applied for – means any access device that was applied for or issued on account of the use of falsified document, false information, fictitious identities and addresses, or any form of false pretense or misrepresentation;
(e) Consumer – means a natural person;
(f) Credit Card – means any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, goods, property, labor or services or any thing of value on credit;
(g) Device Making or Altering Equipment – means any equipment, mechanism or impression designed or primarily used for making or altering or reencoding an access device or a counterfeit access device;
(h) Finance Charges – represent the amount to be paid by the debtor incident to the extension of credit such as interest or discounts, collection fees, credit investigation fees, and other service charges;
(i) Open-end-credit plan – means a consumer credit extended on an account pursuant to a plan under which:
1) the creditor may permit the person to make purchase or obtain loans, from time to time, directly from the creditor or indirectly by use of credit card, or other service;
2) the person has the privilege of paying the balance; or
3) a finance charge may be computed by the creditor from time to time on an unpaid balance.(j) Penalty Charges – means such amount, in addition to interest, imposed on the credit card holder for non-payment of an account within a prescribed period;
(k) Produce – includes design, alter, authenticate, duplicate or assemble; and
(l) Trafficking – means transferring, or otherwise disposing of, to another, or obtaining control of, with intent to transfer or dispose of.
Section 4. Credit Card Application and Solicitation. – Any application to open a credit card account for any person under an open-end credit plan or a solicitation to open such an account, either by mail, telephone or other means, shall disclose in writing or orally, as the case may be, the following information:
(a) Annual Percentage Rate
1) Each annual percentage rate of interest on the amount of credit obtained by the credit card holder under such credit plan. Where an extension of credit is subject to a variable rate, the fact that the rate is variable, and the annual percentage rate in effect at the time of the mailing.
2) Where more than one rate applies, the range of balances to which each rate applies.
(b) Annual and other Fees
1) Any annual fee, other periodic fee, or membership fee imposed for the issuance or availability of a credit card, including any account maintenance fee or any other charge imposed based on activity or inactivity for the account during the billing cycle.
2) Any minimum finance charge imposed for each period during which any extension of credit which is subject to a finance charge is outstanding.
3) Any transaction charge imposed in connection with use of the card to purchase goods or services.
4) Any fee, penalty or surcharge imposed for the delay in payment of an account.
(c) Balance Calculation Method – the name or a detailed explanation of the balance calculation method used in determining the balance upon which the finance charge is computed.
(d) Cash Advance Fee – any fee imposed for an extension of credit in the form of cash.
(e) Over-the-Limit-Fee – any fee imposed in connection with an extension of credit in excess of the amount of credit authorized to be extended with respect to such amount: Provided, however, That in case the application or solicitation to open a credit card account for any person under an open-end consumer credit plan be made through catalogs, magazines, or other publications, the following additional information shall be disclosed:
1) A statement, in a conspicuous and prominent location on the application or solicitation, that:
i) the information is accurate as of the date the application or solicitation was printed;
ii) the information contained in the application or solicitation is subject to change after such date;
iii) the applicant should contact the creditor for information on any change in the information contained in the application or solicitation since it was printed;
(2) The date the application or solicitation was printed; and
(3) In a conspicuous and prominent location on the application or solicitation, a toll free telephone number or mailing address which the applicant may contact to obtain any change in the information provided in the application or solicitation since it was printed.
Section 5. Computations. – In addition to the foregoing, a credit card issuer must, to the extent practicable, provide a detailed explanation and a clear illustration of the manner by which all charges and fees are computed.
Section 6. Exceptions. – The disclosures required under Section 4 of this Act may be omitted in any telephone solicitation or application if the credit card issuer:
(a) does not impose any fee in connection with paragraph (b)(1), Section 4 of this Act;
(b) does not impose any fee in connection with telephone solicitation unless the consumer signifies acceptance by using the card;
(c) discloses clearly the information described in Section 4 of this Act in writing within thirty (30) days after the consumer requests the card, but in no event later than the date of delivery of the card; and
(d) discloses clearly that the consumer is not obligated to accept the card or account and the consumer will not be obligated to pay any fees or charges disclosed unless the consumer elects to accept the card or account by using the card.
Section 7. Disclosure Prior to Renewal. – Except in telephone solicitations a card issuer that imposes any fee described in Section 4 shall transmit to a consumer's credit card account a clear and conspicuous disclosure of:
(a) the date by which, the month by which, or the billing period at the close of which, the account will expire if not renewed;
(b) the information described in Section 4 which shall be transmitted to a consumer at least thirty (30) days prior to the scheduled renewal date of the consumer's credit card account;
(c) the information described in Section 4 (a) (1) which shall be transmitted to a consumer's credit card account; and
(d) the method by which the consumer may terminate continued credit availability under the account: Provided, That the disclosures required by this section must be made prior to posting a fee described in Section 4 (b) (1) to the account, or with the periodic billing statement first disclosing that the fee has been posted to the account subject to the condition that the consumer is given thirty (30) day period to avoid payment of the fee or to have the fee recredited to the account in any case where the consumer does not wish to continue the availability of the credit.
Section 8. Failure to Disclose. – Credit card companies which shall fail to disclose the information required under Sections 4, 5 and 7 of this Act, after due notice and hearing, shall be subject to suspension or cancellation of their authority to issue credit cards by the Bangko Sentral ng Pilipinas, Securities and Exchange Commission and such other government agencies.
Section 9. Prohibited Acts. – The following acts shall constitute access device fraud and are hereby declared to be unlawful:
(a) producing, using, trafficking in one or more counterfeit access devices;
(b) trafficking in one or more unauthorized access devices or access devices fraudulently applied for;
(c) using, with intent to defraud, an unauthorized access device;
(d) using an access device fraudulently applied for;
(e) possessing one or more counterfeit access devices or access devices fraudulently applied for;
(f) producing, trafficking in, having control or custody of, or possessing device-making or altering equipment without being in the business or employment, which lawfully deals with the manufacture, issuance, or distribution of such equipment;
(g) inducing, enticing, permitting or in any manner allowing another, for consideration or otherwise to produce, use, traffic in counterfeit access devices, unauthorized access devices or access devices fraudulently applied for;
(h) multiple imprinting on more than one transaction record, sales slip or similar document, thereby making it appear that the device holder has entered into a transaction other than those which said device holder had lawfully contracted for, or submitting, without being an affiliated merchant, an order to collect from the issuer of the access device, such extra sales slip through an affiliated merchant who connives therewith, or, under false pretenses of being an affiliated merchant, present for collection such sales slips, and similar documents;
(i) disclosing any information imprinted on the access device, such as, but not limited to, the account number or name or address of the device holder, without the latter's authority or permission;
(j) obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain and fleeing thereafter;
(k) having in one's possession, without authority from the owner of the access device or the access device company, an access device, or any material, such as slips, carbon paper, or any other medium, on which the access device is written, printed, embossed, or otherwise indicated;
(l) writing or causing to be written on sales slips, approval numbers from the issuer of the access device of the fact of approval, where in fact no such approval was given, or where, if given, what is written is deliberately different from the approval actually given;
(m) making any alteration, without the access device holder's authority, of any amount or other information written on the sales slip;
(n) effecting transaction, with one or more access devices issued to another person or persons, to receive payment or any other thing of value;
(o) without the authorization of the issuer of the access device, soliciting a person for the purpose of:
1) offering an access device; or
2) selling information regarding or an application to obtain an access device; or
(p) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent, for payment, one or more evidence or records of transactions made by credit card.
Section 10. Penalties. – Any person committing any of the acts constituting access device fraud enumerated in the immediately preceding section shall be punished with:
(a) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, whichever is greater and imprisonment for not less than six (6) years and not more than ten (10) years, in the case of an offense under Section 9 (b)-(e), and (g)-(p) which does not occur after a conviction for another offense under Section 9;
(b) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, and imprisonment for not less than ten (10) years and for not more than twelve (12) years, in the case of an offense under Section 9 (a), and (f) of the foregoing section, which does not occur after a conviction for another offense under Section 9; and
(c) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, or imprisonment for not less than twelve (12) years and not more than twenty (20) years, or both, in the case of any offense under Section 9, which occurs after a conviction for another offense under said subsection, or an attempt to commit the same.
Section 11. Conspiracy to commit access device fraud. – If two (2) or more persons conspire to commit any of the offenses listed in Section 9 and one or more of such persons does any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as in the case of the doing of the act, the accomplishment of which is the object of such conspiracy.
Section 12. Frustrated and attempted access device fraud. – Any person who performs all the acts of execution which would produce any of the unlawful acts enumerated in Section 9 of this Act, but which nevertheless does not produce it by reason of causes independent of the will of said person, shall be punished with two-thirds (2/3) of the fine and imprisonment provided for the consummated offenses listed in said section. Any person who commences the commission of any of the unlawful acts enumerated in Section 9 of this Act directly by overt acts and does not perform all the acts of execution which would produce the said acts by reason of some cause or accident other than said person's own spontaneous desistance, shall be punished with one-half (1/2) of the fine and imprisonment provided for the consummated offenses listed in the said section.
Section 13. Accessory to access device fraud. – Any person who, with intent to gain for himself or for another, buy, receives, possesses, keeps, acquires, conceals, sells, or disposes of, shall buy and sell, or in any manner deal in any article, item, object or anything of value which he knows or should be known to him, to have been acquired through the use of counterfeit access device or an unauthorized access device or an access device known to him to have been fraudulently applied for, shall be considered as an accessory to an access device fraud and shall be punished with one-half (1/2) of the fine and imprisonment provided for the applicable consummated offenses listed in Section 9 of this Act. Said person shall be prosecuted under this Act or under the Anti-Fencing Law of 1979 (Presidential Decree No. 1612) whichever imposes the longer prison term as penalty for the consummated offense.
Section 14. Presumption and prima facie evidence of intent to defraud. – The mere possession, control or custody of:
(a) an access device, without permission of the owner or without any lawful authority;
(b) a counterfeit access device;
(c) access device fraudulently applied for;
(d) any device-making or altering equipment by any person whose business or employment does not lawfully deal with the manufacture, issuance, or distribution of access device;
(e) an access device or medium on which an access device is written, not in the ordinary course of the possessor's trade or business; or
(f) a genuine access device, not in the name of the possessor, or not in the ordinary course of the possessor's trade or business, shall be prima facie evidence that such device or equipment is intended to be used to defraud.
A cardholder who abandons or surreptitiously leaves the place of employment, business or residence stated in his application or credit card, without informing the credit card company of the place where he could actually be found, if at the time of such abandonment or surreptitious leaving, the outstanding and unpaid balance is past due for at least ninety (90) days and is more than Ten thousand pesos (P10,000.00), shall be prima facie presumed to have used his credit card with intent to defraud.
Section 15. Loss of access devices. – In case of loss of an access device, the holder thereof must notify the issuer of the access device of the details and circumstances of such loss upon knowledge of the loss. Full compliance with such procedure would absolve the access device holder of any financial liability from fraudulent use of the access device from the time the loss or theft is reported to the issuer.
Section 16. Reporting requirements. – All companies engaged in the business of issuing access devices, including banks, financing companies and other financial institutions issuing access devices, shall furnish annually, on or before the 31st of March of the succeeding year, a report to the Credit Card Association of the Philippines regarding access device frauds committed against the holders of such entities in the preceding calendar year, for consolidation and submission to the National Bureau of Investigation.
Notwithstanding this requirement, banks, financing companies and other financial institutions, including their subsidiaries and affiliates, issuing access devices shall continue to be regulated and supervised by the Bangko Sentral ng Pilipinas while other companies issuing access devices shall continue to be regulated and supervised by the Securities and Exchange Commission.
Section 17. Liability under the Revised Penal Code and other laws. – Prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code or any other law.
Section 18. Separability clause. – If any separable provision of this Act be declared unconstitutional, the remaining provisions shall continue to be in force.
Section 19. Repealing clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent with, the provisions of this Act is hereby repealed, modified or amended accordingly.
Section 20. Effectivity clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
REPUBLIC ACT NO. 8792 "Electronic Commerce Act."
PRACTICE OF PROFESSIONAL ELECTRONICS ENGINEERING, ELECTRONICS ENGINEERING AND ELECTRONICS TECHNICIANS
Section 27. Practice of the Profession. - No person shall offer himself/herself in the Philippines as, or use the title "Professional Electronics Engineer", "Electronics Engineer" or "Electronics Technician", as defined in this Act, or use any word, letter figure, or sign whatsoever, tending to convey the impression that he/she is a Professional Electronics Engineer, Electronics Engineer or Electronics Technician, or advertise that he/she is qualified to perform the work of a Professional Electronics Engineer, Electronics Engineer or Electronics Technician, without holding a valid Certificate of Registration and a valid Professional Identification Card in accordance with this Act, except as provided under Section 26 hereof.
Section 28. Prohibitions and Limitations on the Practice of Electronics Engineering and Electronics Technician Profession. - Unless otherwise prescribed by any supervening law, the practice of electronics engineering and electronics technician shall be a professional service, admission to which must be determined on the basis of the individual's personal qualifications. Hence, no firm, company, partnership, association or corporation may be registered or licensed as such for the practice of electronics engineering and electronics technician. However, persons properly registered and licensed as Professional Electronics Engineers, Electronics Engineers or Electronics Technicians may, among themselves or with any other allied professionals, form a partnership or association or corporation and collectively render services as such: Provided, That individual members of such partnerships or associations or corporations shall be responsible for their own respective acts.
Section 29. Seal of the Professional Electronics Engineers. - All licensed Professional Electronics Engineers shall obtain and use a seal of a design prescribed by the Board bearing the registrant's name, registration number and title. Plans, drawings, permit applications, specifications, reports and other technical documents prepared by and/or executed under the supervision of, and issued by the Professional Electronics Engineer shall be stamped on every sheet/page with said seal, indicating therein his/her current Professional Tax Receipt (PTR) number, date/place of payment and current membership number in the Accredited Professional Organization, when filed with government authorities or when used professionally.
Section 30. Code of Ethics and Code of Technical Standards of Practice. - The Board shall adopt a Code of Ethics and the Code of Technical Standards of Practice for Electronics Engineers and Electronics Technicians, which shall be promulgated by the Accredited Professional Organization.
ARTICLE V
SUNDRY PROVISIONS
Section 31. Continuing Professional Education (CPE) and/or Development Programs. - All registered Professional Electronics Engineers, Electronics Engineers, and Electronics Technicians, shall comply with pertinent rules and regulations already prescribed by and/or as may be prescribed and promulgated by the Commission and/or the Board, the Accredited Professional Organization and other government agencies, pursuant to this Act and other relevant laws, international treaties, agreements and/or covenants to which the Philippines is a signatory and has ratified, with respect to continuing professional education and/or development and/or other similar/related programs.
Section 32. Integrated and Accredited Professional Organization. - There shall be one (1) integrated and Accredited Professional Organization of Professional Electronics Engineers, Electronics Engineers and Electronics Technicians in the country, which shall be registered with the Securities and Exchange Commission as a non-stock, non-profit corporation and recognized by the Board, the Commission and all government agencies as the one and only integrated and accredited national organization for the said professionals. Every Professional Electronics Engineer, Electronics Engineer and Electronics Technician, upon registration with the Commission as such, shall ipso facto become a member of this Accredited Professional Organization. Those who have been previously registered by the Board but are not members of this Accredited Professional Organization at the time of effectivity of this Act, shall be allowed to register as members of this organization within three (3) years after the effectivity of this Act. Membership in this Accredited Professional Organization shall not be a bar to membership in other associations of the electronics engineering and electronics technician professions.
The Accredited Professional Organization shall implement the continuing professional education, accredit other organizations or entities to provide continuing professional education, and/or development program promulgated by the Board and/or the Commission, compliance with which shall be one of the requisites for the maintenance of membership in good standing of the professional in the Accredited Professional Organization. All members of good standing of this Accredited Professional Organization shall be issued an annual membership card indicating the membership number and validity period of the membership, which shall be affixed to all plans, specifications and any document signed by the member in the course of practice of his/her profession. Failure to maintain membership in good standing in the Accredited Professional Organization shall be a cause for listing of the individual as delinquent in the roster of professionals.
Section 33. Foreign Reciprocity. - No foreigner shall be admitted for registration as Professional Electronics Engineer, Electronics Engineer or Electronics Technician with or without examination under this Act unless he/she proves in the manner as provided by the Board that, by specific provisions of law, the country, state or province of which he/she is a citizen, subject or national, or in accordance with international treaties, agreements and/or covenants to which their country, state or province is a signatory, admits Filipino citizens to practice as Professional Electronics Engineer, Electronics Engineer or Electronics Technician after an examination or registration process on terms of strict and absolute equality with the citizens, subjects or nationals of said country, including the unconditional recognition of professional licenses issued by the Board and/or the Commission and prerequisite degrees/diplomas issued by institutions of learning duly recognized by the government of the Philippines.
Section 34. Positions in Government Requiring the Services of Registered and Licensed Professional Electronics Engineers, Electronics Engineers and Electronics Technicians. - Within three (3) years from the effectivity of this Act, all existing and proposed positions in the local and national government, whether career, permanent, temporary or contractual and primarily requiring the services of Professional Electronics Engineers, Electronics Engineers or Electronics Technicians shall accordingly be filled only by registered and licensed Professional Electronics Engineers, Electronics Engineers or Electronics Technicians.
Republic Act No. 8484 "Access Devices Regulation Act of 1998."
Section 2. Declaration of policy. – The State recognizes the recent advances in technology and the widespread use of access devices in commercial transactions. Toward this end, the State shall protect the rights and define the liabilities of parties in such commercial transactions by regulating the issuance and use of access devices.
Section 3. Definition of terms. – For purposes of this Act, the terms:
(a) Access Device – means any card, plate, code, account number, electronic serial number, personal identification number, or other telecommunications service, equipment, or instrumental identifier, or other means of account access that can be used to obtain money, good, services, or any other thing of value or to initiate a transfer of funds (other than a transfer originated solely by paper instrument);
(b) Counterfeit Access Device – means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or counterfeit access device;
(c) Unauthorized Access Device – means any access device that is stolen, lost, expired, revoked, canceled, suspended, or obtained with intent to defraud;
(d) Access Device Fraudulently Applied for – means any access device that was applied for or issued on account of the use of falsified document, false information, fictitious identities and addresses, or any form of false pretense or misrepresentation;
(e) Consumer – means a natural person;
(f) Credit Card – means any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, goods, property, labor or services or any thing of value on credit;
(g) Device Making or Altering Equipment – means any equipment, mechanism or impression designed or primarily used for making or altering or reencoding an access device or a counterfeit access device;
(h) Finance Charges – represent the amount to be paid by the debtor incident to the extension of credit such as interest or discounts, collection fees, credit investigation fees, and other service charges;
(i) Open-end-credit plan – means a consumer credit extended on an account pursuant to a plan under which:
1) the creditor may permit the person to make purchase or obtain loans, from time to time, directly from the creditor or indirectly by use of credit card, or other service;
2) the person has the privilege of paying the balance; or
3) a finance charge may be computed by the creditor from time to time on an unpaid balance.(j) Penalty Charges – means such amount, in addition to interest, imposed on the credit card holder for non-payment of an account within a prescribed period;
(k) Produce – includes design, alter, authenticate, duplicate or assemble; and
(l) Trafficking – means transferring, or otherwise disposing of, to another, or obtaining control of, with intent to transfer or dispose of.
Section 4. Credit Card Application and Solicitation. – Any application to open a credit card account for any person under an open-end credit plan or a solicitation to open such an account, either by mail, telephone or other means, shall disclose in writing or orally, as the case may be, the following information:
(a) Annual Percentage Rate
1) Each annual percentage rate of interest on the amount of credit obtained by the credit card holder under such credit plan. Where an extension of credit is subject to a variable rate, the fact that the rate is variable, and the annual percentage rate in effect at the time of the mailing.
2) Where more than one rate applies, the range of balances to which each rate applies.
(b) Annual and other Fees
1) Any annual fee, other periodic fee, or membership fee imposed for the issuance or availability of a credit card, including any account maintenance fee or any other charge imposed based on activity or inactivity for the account during the billing cycle.
2) Any minimum finance charge imposed for each period during which any extension of credit which is subject to a finance charge is outstanding.
3) Any transaction charge imposed in connection with use of the card to purchase goods or services.
4) Any fee, penalty or surcharge imposed for the delay in payment of an account.
(c) Balance Calculation Method – the name or a detailed explanation of the balance calculation method used in determining the balance upon which the finance charge is computed.
(d) Cash Advance Fee – any fee imposed for an extension of credit in the form of cash.
(e) Over-the-Limit-Fee – any fee imposed in connection with an extension of credit in excess of the amount of credit authorized to be extended with respect to such amount: Provided, however, That in case the application or solicitation to open a credit card account for any person under an open-end consumer credit plan be made through catalogs, magazines, or other publications, the following additional information shall be disclosed:
1) A statement, in a conspicuous and prominent location on the application or solicitation, that:
i) the information is accurate as of the date the application or solicitation was printed;
ii) the information contained in the application or solicitation is subject to change after such date;
iii) the applicant should contact the creditor for information on any change in the information contained in the application or solicitation since it was printed;
(2) The date the application or solicitation was printed; and
(3) In a conspicuous and prominent location on the application or solicitation, a toll free telephone number or mailing address which the applicant may contact to obtain any change in the information provided in the application or solicitation since it was printed.
Section 5. Computations. – In addition to the foregoing, a credit card issuer must, to the extent practicable, provide a detailed explanation and a clear illustration of the manner by which all charges and fees are computed.
Section 6. Exceptions. – The disclosures required under Section 4 of this Act may be omitted in any telephone solicitation or application if the credit card issuer:
(a) does not impose any fee in connection with paragraph (b)(1), Section 4 of this Act;
(b) does not impose any fee in connection with telephone solicitation unless the consumer signifies acceptance by using the card;
(c) discloses clearly the information described in Section 4 of this Act in writing within thirty (30) days after the consumer requests the card, but in no event later than the date of delivery of the card; and
(d) discloses clearly that the consumer is not obligated to accept the card or account and the consumer will not be obligated to pay any fees or charges disclosed unless the consumer elects to accept the card or account by using the card.
Section 7. Disclosure Prior to Renewal. – Except in telephone solicitations a card issuer that imposes any fee described in Section 4 shall transmit to a consumer's credit card account a clear and conspicuous disclosure of:
(a) the date by which, the month by which, or the billing period at the close of which, the account will expire if not renewed;
(b) the information described in Section 4 which shall be transmitted to a consumer at least thirty (30) days prior to the scheduled renewal date of the consumer's credit card account;
(c) the information described in Section 4 (a) (1) which shall be transmitted to a consumer's credit card account; and
(d) the method by which the consumer may terminate continued credit availability under the account: Provided, That the disclosures required by this section must be made prior to posting a fee described in Section 4 (b) (1) to the account, or with the periodic billing statement first disclosing that the fee has been posted to the account subject to the condition that the consumer is given thirty (30) day period to avoid payment of the fee or to have the fee recredited to the account in any case where the consumer does not wish to continue the availability of the credit.
Section 8. Failure to Disclose. – Credit card companies which shall fail to disclose the information required under Sections 4, 5 and 7 of this Act, after due notice and hearing, shall be subject to suspension or cancellation of their authority to issue credit cards by the Bangko Sentral ng Pilipinas, Securities and Exchange Commission and such other government agencies.
Section 9. Prohibited Acts. – The following acts shall constitute access device fraud and are hereby declared to be unlawful:
(a) producing, using, trafficking in one or more counterfeit access devices;
(b) trafficking in one or more unauthorized access devices or access devices fraudulently applied for;
(c) using, with intent to defraud, an unauthorized access device;
(d) using an access device fraudulently applied for;
(e) possessing one or more counterfeit access devices or access devices fraudulently applied for;
(f) producing, trafficking in, having control or custody of, or possessing device-making or altering equipment without being in the business or employment, which lawfully deals with the manufacture, issuance, or distribution of such equipment;
(g) inducing, enticing, permitting or in any manner allowing another, for consideration or otherwise to produce, use, traffic in counterfeit access devices, unauthorized access devices or access devices fraudulently applied for;
(h) multiple imprinting on more than one transaction record, sales slip or similar document, thereby making it appear that the device holder has entered into a transaction other than those which said device holder had lawfully contracted for, or submitting, without being an affiliated merchant, an order to collect from the issuer of the access device, such extra sales slip through an affiliated merchant who connives therewith, or, under false pretenses of being an affiliated merchant, present for collection such sales slips, and similar documents;
(i) disclosing any information imprinted on the access device, such as, but not limited to, the account number or name or address of the device holder, without the latter's authority or permission;
(j) obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain and fleeing thereafter;
(k) having in one's possession, without authority from the owner of the access device or the access device company, an access device, or any material, such as slips, carbon paper, or any other medium, on which the access device is written, printed, embossed, or otherwise indicated;
(l) writing or causing to be written on sales slips, approval numbers from the issuer of the access device of the fact of approval, where in fact no such approval was given, or where, if given, what is written is deliberately different from the approval actually given;
(m) making any alteration, without the access device holder's authority, of any amount or other information written on the sales slip;
(n) effecting transaction, with one or more access devices issued to another person or persons, to receive payment or any other thing of value;
(o) without the authorization of the issuer of the access device, soliciting a person for the purpose of:
1) offering an access device; or
2) selling information regarding or an application to obtain an access device; or
(p) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent, for payment, one or more evidence or records of transactions made by credit card.
Section 10. Penalties. – Any person committing any of the acts constituting access device fraud enumerated in the immediately preceding section shall be punished with:
(a) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, whichever is greater and imprisonment for not less than six (6) years and not more than ten (10) years, in the case of an offense under Section 9 (b)-(e), and (g)-(p) which does not occur after a conviction for another offense under Section 9;
(b) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, and imprisonment for not less than ten (10) years and for not more than twelve (12) years, in the case of an offense under Section 9 (a), and (f) of the foregoing section, which does not occur after a conviction for another offense under Section 9; and
(c) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the offense, or imprisonment for not less than twelve (12) years and not more than twenty (20) years, or both, in the case of any offense under Section 9, which occurs after a conviction for another offense under said subsection, or an attempt to commit the same.
Section 11. Conspiracy to commit access device fraud. – If two (2) or more persons conspire to commit any of the offenses listed in Section 9 and one or more of such persons does any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as in the case of the doing of the act, the accomplishment of which is the object of such conspiracy.
Section 12. Frustrated and attempted access device fraud. – Any person who performs all the acts of execution which would produce any of the unlawful acts enumerated in Section 9 of this Act, but which nevertheless does not produce it by reason of causes independent of the will of said person, shall be punished with two-thirds (2/3) of the fine and imprisonment provided for the consummated offenses listed in said section. Any person who commences the commission of any of the unlawful acts enumerated in Section 9 of this Act directly by overt acts and does not perform all the acts of execution which would produce the said acts by reason of some cause or accident other than said person's own spontaneous desistance, shall be punished with one-half (1/2) of the fine and imprisonment provided for the consummated offenses listed in the said section.
Section 13. Accessory to access device fraud. – Any person who, with intent to gain for himself or for another, buy, receives, possesses, keeps, acquires, conceals, sells, or disposes of, shall buy and sell, or in any manner deal in any article, item, object or anything of value which he knows or should be known to him, to have been acquired through the use of counterfeit access device or an unauthorized access device or an access device known to him to have been fraudulently applied for, shall be considered as an accessory to an access device fraud and shall be punished with one-half (1/2) of the fine and imprisonment provided for the applicable consummated offenses listed in Section 9 of this Act. Said person shall be prosecuted under this Act or under the Anti-Fencing Law of 1979 (Presidential Decree No. 1612) whichever imposes the longer prison term as penalty for the consummated offense.
Section 14. Presumption and prima facie evidence of intent to defraud. – The mere possession, control or custody of:
(a) an access device, without permission of the owner or without any lawful authority;
(b) a counterfeit access device;
(c) access device fraudulently applied for;
(d) any device-making or altering equipment by any person whose business or employment does not lawfully deal with the manufacture, issuance, or distribution of access device;
(e) an access device or medium on which an access device is written, not in the ordinary course of the possessor's trade or business; or
(f) a genuine access device, not in the name of the possessor, or not in the ordinary course of the possessor's trade or business, shall be prima facie evidence that such device or equipment is intended to be used to defraud.
A cardholder who abandons or surreptitiously leaves the place of employment, business or residence stated in his application or credit card, without informing the credit card company of the place where he could actually be found, if at the time of such abandonment or surreptitious leaving, the outstanding and unpaid balance is past due for at least ninety (90) days and is more than Ten thousand pesos (P10,000.00), shall be prima facie presumed to have used his credit card with intent to defraud.
Section 15. Loss of access devices. – In case of loss of an access device, the holder thereof must notify the issuer of the access device of the details and circumstances of such loss upon knowledge of the loss. Full compliance with such procedure would absolve the access device holder of any financial liability from fraudulent use of the access device from the time the loss or theft is reported to the issuer.
Section 16. Reporting requirements. – All companies engaged in the business of issuing access devices, including banks, financing companies and other financial institutions issuing access devices, shall furnish annually, on or before the 31st of March of the succeeding year, a report to the Credit Card Association of the Philippines regarding access device frauds committed against the holders of such entities in the preceding calendar year, for consolidation and submission to the National Bureau of Investigation.
Notwithstanding this requirement, banks, financing companies and other financial institutions, including their subsidiaries and affiliates, issuing access devices shall continue to be regulated and supervised by the Bangko Sentral ng Pilipinas while other companies issuing access devices shall continue to be regulated and supervised by the Securities and Exchange Commission.
Section 17. Liability under the Revised Penal Code and other laws. – Prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code or any other law.
Section 18. Separability clause. – If any separable provision of this Act be declared unconstitutional, the remaining provisions shall continue to be in force.
Section 19. Repealing clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent with, the provisions of this Act is hereby repealed, modified or amended accordingly.
Section 20. Effectivity clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.
REPUBLIC ACT NO. 8792 "Electronic Commerce Act."
Sec. 2. Declaration of Policy. - The State recognizes the vital role of information and communications technology (ICT) in nation-building; the need to create an information-friendly environment which supports and ensures the availability, diversity and affordability of ICT products and services; the primary responsibility of the private sector in contributing investments and services in telecommunications and information technology; the need to develop, with appropriate training programs and institutional policy changes, human resources for the information technology age, a labor force skilled in the use of ICT and a population capable of operating and utilizing electronic appliances and computers; its obligation to facilitate the transfer and promotion of adaptation technology, to ensure network security, connectivity and neutrality of technology for the national benefit; and the need to marshal, organize and deploy national information infrastructures, comprising in both telecommunications network and strategic information services, including their interconnection to the global information networks, with the necessary and appropriate legal, financial, diplomatic and technical framework, systems and facilities.
PART II ELECTRONIC COMMERCE IN GENERAL
Sec. 3. Objective. - This Act aims to facilitate domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information through the utilization of electronic, optical and similar medium, mode, instrumentality and technology to recognize the authenticity and reliability of electronic documents related to such activities and to promote the universal use of electronic transaction in the government and general public.
Sec. 4. Sphere of Application. This Act shall apply to any kind of data message and electronic document used in the context of commercial and non-commercial activities to include domestic and international dealings, transactions, arrangements, agreements, contracts and exchanges and storage of information.
Sec. 5. Definition of Terms. For the purposes of this Act, the following terms are defined, as follows:
a. Addressee refers to a person who is intended by the originator to receive the electronic data message or electronic document. The term does not include a person acting as an intermediary with respect to that electronic data message or electronic document.
b. Computer refers to any device or apparatus which, by electronic, electro-mechanical or magnetic impulse, or by other means, is capable of receiving, recording, transmitting, storing, processing, retrieving, or producing information, data, figures, symbols or other modes of written expression according to mathematical and logical rules or of performing any one or more of those functions.
c. Electronic Data message refers to information generated, sent, received or stored by electronic, optical or similar means.
d. Information and communication system refers to a system intended for and capable of generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by or in which data is recorded or stored and any procedures related to the recording or storage of electronic data message or electronic document.
e. Electronic signature refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document.
f. Electronic document refers to information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically.
g. Electronic key refers to a secret code which secures and defends sensitive information that crosses over public channels into a form decipherable only with a matching electronic key.
h. Intermediary refers to a person who in behalf of another person and with respect to a particular electronic document sends, receives and/or stores or provides other services in respect of that electronic document.
i. Originator refers to a person by whom, or on whose behalf, the electronic document purports to have been created, generated and/or sent . The term does not include a person acting as an intermediary with respect to that electronic document.
j. Service provider refers to a provider of -
(i) On-line services or network access, or the operator of facilities therefor, including entities offering the transmission, routing, or providing of connections for online communications, digital or otherwise, between or among points specified by a user, of electronic documents of the user's choosing; or
(ii) The necessary technical means by which electronic documents of an originator may be stored and made accessible to a designated or undesignated third party;
Such service providers shall have no authority to modify or alter the content of the electronic data message or electronic document received or to make any entry therein on behalf of the originator, addressee or any third party unless specifically authorized to do so, and who shall retain the electronic document in accordance with the specific request or as necessary for the purpose of performing the services it was engaged to perform.
CHAPTER II LEGAL RECOGNITION OF ELECTRONIC WRITING OR DOCUMENT AND DATA MESSAGES
Sec. 6. Legal Recognition of Data Messages. - Information shall not be denied legal effect, validity or enforceability solely on the grounds that it is in the data message purporting to give rise to such legal effect, or that it is merely referred to in that electronic data message.
Sec. 7. Legal Recognition of Electronic Documents. Electronic documents shall have the legal effect, validity or enforceability as any other document or legal writing, and -
(a) Where the law requires a document to be in writing, that requirement is met by an electronic document if the said electronic document maintains its integrity and reliability and can be authenticated so as to be usable for subsequent reference, in that -
(i) The electronic document has remained complete and unaltered, apart from the addition of any endorsement and any authorized change, or any change which arises in the normal course of communication, storage and display; and
(ii) The electronic document is reliable in the light of the purpose for which it was generated and in the light of all the relevant circumstances.
(b) Paragraph (a) applies whether the requirement therein is in the form of an obligation or whether the law simply provides consequences for the document not being presented or retained in its original form.
(c) Where the law requires that a document be presented or retained in its original form, that requirement is met by an electronic document if -
(i) There exists a reliable assurance as to the integrity of the document from the time when it was first generated in its final form; and
(ii) That document is capable of being displayed to the person to whom it is to be presented: Provided, That no provision of this Act shall apply to vary any and all requirements of existing laws on formalities required in the execution of documents for their validity.
For evidentiary purposes, an electronic document shall be the functional equivalent of a written document under existing laws.
This Act does not modify any statutory rule relating to the admissibility of electronic data messages or electronic documents, except the rules relating to authentication and best evidence.
Sec. 8. Legal Recognition of Electronic Signatures. An electronic signature on the electronic document shall be equivalent to the signature of a person on a written document if that signature is proved by showing that a prescribed procedure, not alterable by the parties interested in the electronic document, existed under which -
a.) A method is used to identify the party sought to be bound and to indicate said party's access to the electronic document necessary for his consent or approval through the electronic signature;
b.) Said method is reliable and appropriate for the purpose for which the electronic document was generated or communicated, in the light of all the circumstances, including any relevant agreement;
c.) It is necessary for the party sought to be bound, in order to proceed further with the transaction, to have executed or provided the electronic signature; and
d.) The other party is authorized and enabled to verify the electronic signature and to make the decision to proceed with the transaction authenticated by the same.
Sec. 9. Presumption Relating to Electronic Signatures. - In any proceedings involving an electronic signature, it shall be presumed that -
a.) The electronic signature is the signature of the person to whom it correlates; and
b.) The electronic signature was affixed by that person with the intention of signing or approving the electronic document unless the person relying on the electronically signed electronic document knows or has notice of defects in or unreliability of the signature or reliance on the electronic signature is not reasonable under the circumstances.
SEC. 10. Original Documents. - (1) Where the law requires information to be presented or retained in its original form, that requirement is met by an electronic data message or electronic document if:
(a) the integrity of the information from the time when it was first generated in its final form, as an electronic data message or electronic document is shown by evidence aliunde or otherwise; and
(b) where it is required that information be presented, that the information is capable of being displayed to the person to whom it is to be presented.
(2) Paragraph (1) applies whether the requirement therein is in the form of an obligation or whether the law simply provides consequences for the information not being presented or retained in its original form.
(3) For the purposes of subparagraph (a) of paragraph (1):
(a) the criteria for assessing integrity shall be whether the information has remained complete and unaltered, apart from the addition of any endorsement and any change which arises in the normal course of communication, storage and display; and
(b) the standard of reliability required shall be assessed in the light of the purpose for which the information was generated and in the light of all relevant circumstances.
SEC. 11. Authentication of Electronic Data Messages and Electronic Documents. - Until the Supreme Court by appropriate rules shall have so provided, electronic documents, electronic data messages and electronic signatures, shall be authenticated by demonstrating, substantiating and validating a claimed identity of a user, device, or another entity in an information or communication system, among other ways, as follows:
(a) The electronic signature shall be authenticated by proof that a letter, character, number or other symbol in electronic form representing the persons named in and attached to or logically associated with an electronic data message, electronic document, or that the appropriate methodology or security procedures, when applicable, were employed or adopted by a person and executed or adopted by such person, with the intention of authenticating or approving an electronic data message or electronic document;
(b) The electronic data message and electronic document shall be authenticated by proof that an appropriate security procedure, when applicable was adopted and employed for the purpose of verifying the originator of an electronic data message and/or electronic document, or detecting error or alteration in the communication, content or storage of an electronic document or electronic data message from a specific point, which, using algorithm or codes, identifying words or numbers, encryptions, answers back or acknowledgement procedures, or similar security devices.
The Supreme Court may adopt such other authentication procedures, including the use of electronic notarization systems as necessary and advisable, as well as the certificate of authentication on printed or hard copies of the electronic document or electronic data messages by electronic notaries, service providers and other duly recognized or appointed certification authorities.
The person seeking to introduce an electronic data message and electronic document in any legal proceeding has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic data message and electronic document is what the person claims it to be.
In the absence of evidence to the contrary, the integrity of the information and communication system in which an electronic data message or electronic document is recorded or stored may be established in any legal proceeding -
(a) By evidence that at all material times the information and communication system or other similar device was operating in a manner that did not affect the integrity of the electronic data message and/or electronic document, and there are no other reasonable grounds to doubt the integrity of the information and communication system;
(b) By showing that the electronic data message and/or electronic document was recorded or stored by a party to the proceedings who is adverse in interest to the party using it; or
(c) By showing that the electronic data message and/or electronic document was recorded or stored in the usual and ordinary course of business by a person who is not a party to the proceedings and who did not act under the control of the party using the record.
SEC. 12. Admissibility and Evidential Weight of Electronic Data Message and Electronic Documents. - In any legal proceedings, nothing in the application of the rules on evidence shall deny the admissibility of an electronic data message or electronic document in evidence -
a. On the sole ground that it is in electronic form; or
b. On the ground that it is not in the standard written form and electronic data message or electronic document meeting, and complying with the requirements under Sections 6 or 7 hereof shall be the best evidence of the agreement and transaction contained therein.
In assessing the evidential weight of an electronic data message or electronic document, the reliability of the manner in which it was generated, stored or communicated, the reliability of the manner in which its originator was identified, and other relevant factors shall be given due regard.
SEC. 13. Retention of Electronic Data Message and Electronic Document. - Notwithstanding any provision of law, rule or regulation to the contrary - (a) The requirement in any provision of law that certain documents be retained in their original form is satisfied by retaining them in the form of an electronic data message or electronic document which -
i. Remains accessible so as to be usable for subsequent reference;
ii. Is retained in the format in which it was generated, sent or received, or in a format which can be demonstrated to accurately represent the electronic data message or electronic document generated, sent or received;
iii. Enables the identification of its originator and addressee, as well as the determination of the date and the time it was sent or received.
(b) The requirement referred to in paragraph (a) is satisfied by using the services of a third party, provided that the conditions set forth in subparagraphs (i), (ii) and (iii) of paragraph (a) are met.
SEC. 14. Proof By Affidavit. - The matters referred to in Section 12, on admissibility and Section 9, on the presumption of integrity, may be presumed to have been established by an affidavit given to the best of the deponent's knowledge subject to the rights of parties in interest as defined in the following section.
SEC. 15. Cross-Examination. - (1) A deponent of an affidavit referred to in Section 14 that has been introduced in evidence may be cross-examined as of right by a party to the proceedings who is adverse in interest to the party who has introduced the affidavit or has caused the affidavit to be introduced.
(2) Any party to the proceedings has the right to cross-examine a person referred to in Section 11, paragraph 4, sub-paragraph c.
CHAPTER III COMMUNICATION OF ELECTRONIC DATA MESSAGES AND ELECTRONIC DOCUMENTS
SEC. 16. Formation and Validity of Electronic Contracts. - (1) Except as otherwise agreed by the parties, an offer, the acceptance of an offer and such other elements required under existing laws for the formation of contracts may be expressed in, demonstrated and proved by means of electronic data message or electronic documents and no contract shall be denied validity or enforceability on the sole ground that it is in the form of an electronic data message or electronic document, or that any or all of the elements required under existing laws for the formation of the contracts is expressed, demonstrated and proved by means of electronic documents.
(2) Electronic transactions made through networking among banks, or linkages thereof with other entities or networks, and vice versa, shall be deemed consummated upon the actual dispensing of cash or the debit of one account and the corresponding credit to another, whether such transaction is initiated by the depositor or by an authorized collecting party: Provided, that the obligation of one bank, entity, or person similarly situated to another arising therefrom shall be considered absolute and shall not be subjected to the process of preference of credits.
SEC. 17. Recognition by Parties of Electronic Data Message or Electronic Document. - As between the originator and the addressee of a electronic data message or electronic document, a declaration of will or other statement shall not be denied legal effect, validity or enforceability solely on the ground that it is in the form of a electronic data message.
SEC. 18. Attribution of Electronic Data Message. - (1) An electronic data message or electronic document is that of the originator if it was sent by the originator himself.
(2) As between the originator and the addressee, an electronic data message or electronic document is deemed to be that of the originator if it was sent:
(a) by a person who had the authority to act on behalf of the originator with respect to that electronic data message or electronic document; or
(b) by an information system programmed by, or on behalf of the originator to operate automatically.
(3) As between the originator and the addressee, an addressee is entitled to regard an electronic data message or electronic document as being that of the originator, and to act on that assumption, if:
(a) in order to ascertain whether the electronic data message or electronic document was that of the originator, the addressee properly applied a procedure previously agreed to by the originator for that purpose; or
(b) the electronic data message or electronic document as received by the addressee resulted from the actions of a person whose relationship with the originator or with any agent of the originator enabled that person to gain access to a method used by the originator to identify electronic data messages as his own.
(4) Paragraph (3) does not apply:
(a) as of the time when the addressee has both received notice from the originator that the electronic data message or electronic document is not that of the originator, and has reasonable time to act accordingly; or
(b) in a case within paragraph (3) sub-paragraph (b), at any time when the addressee knew or should have known, had it exercised reasonable care or used any agreed procedure, that the electronic data message or electronic document was not that of the originator.
(5) Where an electronic data message or electronic document is that of the originator or is deemed to be that of the originator, or the addressee is entitled to act on that assumption, then, as between the originator and the addressee, the addressee is entitled to regard the electronic data message or electronic document as received as being what the originator intended to send, and to act on that assumption. The addressee is not so entitled when it knew or should have known, had it exercised reasonable care or used any agreed procedure, that the transmission resulted in any error in the electronic data message or electronic document as received.
(6) The addressee is entitled to regard each electronic data message or electronic document received as a separate electronic data message or electronic document and to act on that assumption, except to the extent that it duplicates another electronic data message or electronic document and the addressee knew or should have known, had it exercised reasonable care or used any agreed procedure, that the electronic data message or electronic document was a duplicate.
SEC. 19. Error on Electronic Data Message or Electronic Document. - The addressee is entitled to regard the electronic data message or electronic document received as that which the originator intended to send, and to act on that assumption, unless the addressee knew or should have known, had the addressee exercised reasonable care or used the appropriate procedure -
(a) That the transmission resulted in any error therein or in the electronic document when the electronic data message or electronic document enters the designated information system, or
(b) That electronic data message or electronic document is sent to an information system which is not so designated by the addressee for the purpose.
SEC. 20. Agreement on Acknowledgment of Receipt of Electronic Data Messages or Electronic Documents. - The following rules shall apply where, on or before sending an electronic data message or electronic document, the originator and the addressee have agreed, or in that electronic document or electronic data message, the originator has requested, that receipt of the electronic document or electronic data message be acknowledged:
(a) Where the originator has not agreed with the addressee that the acknowledgment be given in a particular form or by a particular method, an acknowledgment may be given by or through any communication by the addressee, automated or otherwise, or any conduct of the addressee, sufficient to indicate to the originator that the electronic data message or electronic document has been received.
(b) Where the originator has stated that the effect or significance of the electronic data message or electronic document is conditional on receipt of the acknowledgment thereof, the electronic data message or electronic document is treated as though it has never been sent, until the acknowledgment is received.
(c) Where the originator has not stated that the effect or significance of the electronic data message or electronic document is conditional on receipt of the acknowledgment, and the acknowledgment has not been received by the originator within the time specified or agreed or, if no time has been specified or agreed, within a reasonable time, the originator may give notice to the addressee stating that no acknowledgment has been received and specifying a reasonable time by which the acknowledgment must be received; and if the acknowledgment is not received within the time specified in subparagraph (c), the originator may, upon notice to the addressee, treat the electronic document or electronic data message as though it had never been sent, or exercise any other rights it may have.
SEC. 21. Time of Dispatch of Electronic Data Messages or Electronic Documents. - Unless otherwise agreed between the originator and the addressee, the dispatch of an electronic data message or electronic document occurs when it enters an information system outside the control of the originator or of the person who sent the electronic data message or electronic document on behalf of the originator.
SEC. 22. Time of Receipt of Electronic Data Messages or Electronic Documents. - Unless otherwise agreed between the originator and the addressee, the time of receipt of an electronic data message or electronic document is as follows:
(a.) If the addressee has designated an information system for the purpose of receiving electronic data message or electronic document, receipt occurs at the time when the electronic data message or electronic document enters the designated information system: Provided, however, that if the originator and the addressee are both participants in the designated information system, receipt occurs at the time when the electronic data message or electronic document is retrieved by the addressee.
(b.) If the electronic data message or electronic document is sent to an information system of the addressee that is not the designated information system, receipt occurs at the time when the electronic data message or electronic document is retrieved by the addressee;
(c.) If the addressee has not designated an information system, receipt occurs when the electronic data message or electronic document enters an information system of the addressee.
These rules apply notwithstanding that the place where the information system is located may be different from the place where the electronic data message or electronic document is deemed to be received.
SEC. 23. Place of Dispatch and Receipt of Electronic Data Messages or Electronic Documents. - Unless otherwise agreed between the originator and the addressee, an electronic data message or electronic document is deemed to be dispatched at the place where the originator has its place of business and received at the place where the addressee has its place of business. This rule shall apply even if the originator or addressee had used a laptop or other portable device to transmit or receive his electronic data message or electronic document. This rule shall also apply to determine the tax situs of such transaction.
For the purpose hereof -
a. If the originator or the addressee has more than one place of business, the place of business is that which has the closest relationship to the underlying transaction or, where there is no underlying transaction, the principal place of business.
b. If the originator of the addressee does not have a place of business, reference is to be made to its habitual residence; or
c. The usual place of residence in relation to a body corporate, means the place where it is incorporated or otherwise legally constituted.
SEC. 24. Choice of Security Methods. - Subject to applicable laws and/or rules and guidelines promulgated by the Department of Trade and Industry with other appropriate government agencies, parties to any electronic transaction shall be free to determine the type and level of electronic data message and electronic document security needed, and to select and use or implement appropriate technological methods that suit their needs.
PART III ELECTRONIC COMMERCE IN SPECIFIC AREAS
CHAPTER I. CARRIAGE OF GOODS
SEC. 25. Actions Related to Contracts of Carriage of Goods. - Without derogating from the provisions of part two of this law, this chapter applies to any action in connection with, or in pursuance of, a contract of carriage of goods, including but not limited to:
(a) (i) furnishing the marks, number, quantity or weight of goods;
(ii) stating or declaring the nature or value of goods;
(iii) issuing a receipt for goods;
(iv) confirming that goods have been loaded;
(b) (i) notifying a person of terms and conditions of the contract;
(ii) giving instructions to a carrier;
(c) (i) claiming delivery of goods;
(ii) authorizing release of goods;
(iii) giving notice of loss of, or damage to, goods;
(d) giving any other notice or statement in connection with the performance of the contract;
(e) undertaking to deliver goods to a named person or a person authorized to claim delivery;
(f) granting, acquiring, renouncing, surrendering, transferring or negotiating rights in goods;
(g) acquiring or transferring rights and obligations under the contract.
SEC. 26. Transport Documents. - (1) Where the law requires that any action referred to contract of carriage of goods be carried out in writing or by using a paper document, that requirement is met if the action is carried out by using one or more data messages or electronic documents.
(2) Paragraph (1) applies whether the requirement therein is in the form of an obligation or whether the law simply provides consequences for failing either to carry out the action in writing or to use a paper document.
(3) If a right is to be granted to, or an obligation is to be acquired by, one person and no other person, and if the law requires that, in order to effect this, the right or obligation must be conveyed to that person by the transfer, or use of, a paper document, that requirement is met if the right or obligation is conveyed by using one or more electronic data messages or electronic documents unique;
(4) For the purposes of paragraph (3), the standard of reliability required shall be assessed in the light of the purpose for which the right or obligation was conveyed and in the light of all the circumstances, including any relevant agreement.
(5) Where one or more data messages are used to effect any action in subparagraphs (f) and (g) of Section 25, no paper document used to effect any such action is valid unless the use of electronic data message or electronic document has been terminated and replaced by the use of paper documents. A paper document issued in these circumstances shall contain a statement of such termination. The replacement of electronic data messages or electronic documents by paper documents shall not affect the rights or obligations of the parties involved.
(6) If a rule of law is compulsorily applicable to a contract of carriage of goods which is in, or is evidenced by, a paper document, that rule shall not be inapplicable to such a contract of carriage of goods which is evidenced by one or more electronic data messages or electronic documents by reason of the fact that the contract is evidenced by such electronic data messages or electronic documents instead of by a paper document.
PART IV ELECTRONIC TRANSACTIONS IN GOVERNMENT
SEC. 27. Government Use of Electronic Data Messages, Electronic Documents and Electronic Signatures. - Notwithstanding any law to the contrary, within two (2) years from the date of the effectivity of this Act, all departments, bureaus, offices and agencies of the government, as well as all government-owned and-controlled corporations, that pursuant to law require or accept the filing of documents, require that documents be created, or retained and/or submitted, issue permits, licenses or certificates of registration or approval, or provide for the method and manner of payment or settlement of fees and other obligations to the government, shall -
(a) accept the creation, filing or retention of such documents in the form of electronic data messages or electronic documents;
(b) issue permits, licenses, or approval in the form of electronic data messages or electronic documents;
(c) require and/or accept payments, and issue receipts acknowledging such payments, through systems using electronic data messages or electronic documents; or
(d) transact the government business and/or perform governmental functions using electronic data messages or electronic documents, and for the purpose, are authorized to adopt and promulgate, after appropriate public hearing and with due publication in newspapers of general circulation, the appropriate rules, regulations, or guidelines, to, among others, specify -
(1) the manner and format in which such electronic data messages or electronic documents shall be filed, created, retained or issued;
(2) where and when such electronic data messages or electronic documents have to be signed, the use of a electronic signature, the type of electronic signature required;
(3) the format of an electronic data message or electronic document and the manner the electronic signature shall be affixed to the electronic data message or electronic document;
(4) the control processes and procedures as appropriate to ensure adequate integrity, security and confidentiality of electronic data messages or electronic documents or records or payments;
(5) other attributes required of electronic data messages or electronic documents or payments; and
(6) the full or limited use of the documents and papers for compliance with the government requirements: Provided, That this Act shall by itself mandate any department of the government, organ of state or statutory corporation to accept or issue any document in the form of electronic data messages or electronic documents upon the adoption, promulgation and publication of the appropriate rules, regulations, or guidelines.
SEC. 28. RPWEB To Promote the Use Of Electronic Documents and Electronic Data Messages In Government and to the General Public. - Within two (2) years from the effectivity of this Act, there shall be installed an electronic online network in accordance with Administrative Order 332 and House of Representatives Resolution 890, otherwise known as RPWEB, to implement Part IV of this Act to facilitate the open, speedy and efficient electronic online transmission, conveyance and use of electronic data messages or electronic documents amongst all government departments, agencies, bureaus, offices down to the division level and to the regional and provincial offices as practicable as possible, government owned and controlled corporations, local government units, other public instrumentalities, universities, colleges and other schools, and universal access to the general public.
The RPWEB network shall serve as initial platform of the government information infrastructure (GII) to facilitate the electronic online transmission and conveyance of government services to evolve and improve by better technologies or kinds of electronic online wide area networks utilizing, but not limited to, fiber optic, satellite, wireless and other broadband telecommunication mediums or modes. To facilitate the rapid development of the GII, the Department of Transportation and Communications, National Telecommunications Commission and the National Computer Center are hereby directed to aggressively promote and implement a policy environment and regulatory or non-regulatory framework that shall lead to the substantial reduction of costs of including, but not limited to, lease lines, land, satellite and dial-up telephone access, cheap broadband and wireless accessibility by government departments, agencies, bureaus, offices, government owned and controlled corporations, local government units, other public instrumentalities and the general public, to include the establishment of a government website portal and a domestic internet exchange system to facilitate strategic access to government and amongst agencies thereof and the general public and for the speedier flow of locally generated internet traffic within the Philippines.
The physical infrastructure of cable and wireless systems for cable TV and broadcast excluding programming and content and the management thereof shall be considered as within the activity of telecommunications for the purpose of electronic commerce and to maximize the convergence of ICT in the installation of the GII.
SEC. 29. Authority of the Department of Trade and Industry and Participating Entities. - The Department of Trade and Industry (DTI) shall direct and supervise the promotion and development of electronic commerce in the country with relevant government agencies, without prejudice to the provisions of Republic Act. 7653 (Charter of Bangko Sentral ng Pilipinas) and Republic Act No. 337 (General Banking Act), as amended.
Among others, the DTI is empowered to promulgate rules and regulations, as well as provide quality standards or issue certifications, as the case may be, and perform such other functions as may be necessary for the implementation of this Act in the area of electronic commerce to include, but shall not be limited to, the installation of an online public information and quality and price monitoring system for goods and services aimed in protecting the interests of the consuming public availing of the advantages of this Act.
PART V FINAL PROVISIONS
SEC. 30. Extent of Liability of a Service Provider. Except as otherwise provided in this Section, no person or party shall be subject to any civil or criminal liability in respect of the electronic data message or electronic document for which the person or party acting as a service provider as defined in Section 5 merely provides access if such liability is founded on -
a.) The obligations and liabilities of the parties under the electronic data message or electronic document;
b.) The making, publication, dissemination or distribution of such material or any statement made in such material, including possible infringement of any right subsisting in or in relation to such material: Provided, That
i. The service provider does not have actual knowledge, or is not aware of the facts or circumstances from which it is apparent, that the making, publication, dissemination or distribution of such material is unlawful or infringes any rights subsisting in or in relation to such material;
ii. The service provider does not knowingly receive a financial benefit directly attributable to the unlawful or infringing activity; and
iii. The service provider does not directly commit any infringement or other unlawful act and does not induce or cause another person or party to commit any infringement or other unlawful act and/or does not benefit financially from the infringing activity or unlawful act of another person or party: Provided, further, That nothing in this Section shall affect -
a) Any obligation founded on contract;
b) The obligation of a service provider as such under a licensing or other regulatory regime established under written law; or
c) Any obligation imposed under any written law;
d) The civil liability of any party to the extent that such liability forms the basis for injunctive relief issued by a court under any law requiring that the service provider take or refrain from actions necessary to remove, block or deny access to any material, or to preserve evidence of a violation of law.
SEC. 31. Lawful Access. - Access to an electronic file, or an electronic signature of an electronic data message or electronic document shall only be authorized and enforced in favor of the individual or entity having a legal right to the possession or the use of the plaintext, electronic signature or file and solely for the authorized purposes. The electronic key for identity or integrity shall not be made available to any person or party without the consent of the individual or entity in lawful possession of that electronic key.
SEC. 32. Obligation of Confidentiality. - Except for the purposes authorized under this Act, any person who obtained access to any electronic key, electronic data message, or electronic document, book, register, correspondence, information, or other material pursuant to any powers conferred under this Act, shall not convey to or share the same with any other person.
SEC. 33. Penalties. - The following Acts shall be penalized by fine and/or imprisonment, as follows:
a) Hacking or cracking which refers to unauthorized access into or interference in a computer system/server or information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic document shall be punished by a minimum fine of one hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years;
b) Piracy or the unauthorized copying, reproduction, dissemination, distribution, importation, use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public, or broadcasting of protected material, electronic signature or copyrighted works including legally protected sound recordings or phonograms or information material on protected works, through the use of telecommunication networks, such as, but not limited to, the internet, in a manner that infringes intellectual property rights shall be punished by a minimum fine of one hundred thousand pesos (P100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years;
c) Violations of the Consumer Act or Republic Act No. 7394 and other relevant or pertinent laws through transactions covered by or using electronic data messages or electronic documents, shall be penalized with the same penalties as provided in those laws;
d) Other violations of the provisions of this Act, shall be penalized with a maximum penalty of one million pesos (P1,000,000.00) or six (6) years imprisonment.
SEC. 34. Implementing Rules and Regulations. - The DTI, Department of Budget and Management and the Bangko Sentral ng Pilipinas are hereby empowered to enforce the provisions of this Act and issue implementing rules and regulations necessary, in coordination with the Department of Transportation and Communications, National Telecommunications Commission, National Computer Center, National Information Technology Council, Commission on Audit, other concerned agencies and the private sector, to implement this Act within sixty (60) days after its approval.
Failure to issue rules and regulations shall not in any manner affect the executory nature of the provisions of this Act.
SEC. 35. Oversight Committee. There shall be a Congressional Oversight Committee composed of the Committees on Trade and Industry/Commerce, Science and Technology, Finance and Appropriations of both the Senate and House of Representatives, which shall meet at least every quarter of the first two years and every semester for the third year after the approval of this Act to oversee its implementation. The DTI, DBM, Bangko Sentral ng Pilipinas, and other government agencies as may be determined by the Congressional Committee shall provide a quarterly performance report of their actions taken in the implementation of this Act for the first three (3) years.
SEC. 36. Appropriations. - The amount necessary to carry out the provisions of Secs. 27 and 28 of this Act shall be charged against any available funds and/or savings under the General Appropriations Act of 2000 in the first year of effectivity of this Act. Thereafter, the funds needed for the continued implementation shall be included in the annual General Appropriations Act.
SEC. 37. Statutory Interpretation. - Unless otherwise expressly provided for, the interpretation of this Act shall give due regard to its international origin and the need to promote uniformity in its application and the observance of good faith in international trade relations. The generally accepted principles of international law and convention on electronic commerce shall likewise be considered.
SEC. 38. Variation by Agreement. - As between parties involved in generating, sending, receiving, storing or otherwise processing electronic data message or electronic document, any provision of this Act may be varied by agreement between and among them.
SEC. 39. Reciprocity. - All benefits, privileges, advantages or statutory rules established under this Act, including those involving practice of profession, shall be enjoyed only by parties whose country of origin grants the same benefits and privileges or advantages to Filipino citizens.
Sec. 40. Separability Clause. - The provisions of this Act are hereby declared separable and in the event of any such provision is declared unconstitutional, the other provisions, which are not affected, shall remain in force and effect.
Sec. 41. Repealing Clause. - All other laws, decrees, rules and regulations or parts thereof which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Sec. 42. Effectivity. - This Act shall take effect immediately after its publication in the Official Gazette or in at least two (2) national newspapers of general circulation.
CITY ORDINANCES:
CITY ORDINANCE IN MANILA
SECTION 1. It is hereby declared the policy of the City Government of Manila to bring
order to the operation of commercial establishments involved in certain computer-aided
and electronic endeavors in the course of affirming the general welfare under Section 16
and 458(a) of Republic Act Number 7160, otherwise known as the Local Government
Code, by guiding them away from certain forms of entertainment which are potentially
detrimental to their intellectual and moral well-being that may lead to truancy.
SECTION 2. As used in this Ordinance, the terms-
a) “Interactive Entertainment Shops” shall refer to the following establishments
in existence that other interactive entertainment, whether or not in
combination with other commercial undertakings:
1. Computer rental Centers;
2. Internet Cafes;
3. Video Game Arcades; and
4. Other business establishments offering similar services that are and may hereafter be created
b) “Interactive Entertainment” shall refer to video games, web browsing, and over-the-internet communication
c) “Computer Rental Center” shall refer to any establishment engaged in the business of renting out more than one micro-computer (generally known as personal computer), videogame console and other similar gaming platform
d) “Internet café” shall refer to any establishment basically offering over-the-
internet communication and interactive entertainment combined with coffee or
refreshments in a snack-bar environment
e) “Videogame Arcade” shall refer to any establishment engaged in the business
offering arcade video games utilizing dedicated game machines other than
conventional game systems
f) “Video Games” shall refer to PC games, console games, and arcade games
g) “Videogame Consoles” shall refer to a specifically- designed set top
h) “Over-the-Internet Communication shall refer to any online communication, whether real-time or otherwise, utilizing computer terminals with the aid of video and/or audio connection, available in establishments enumerated in Paragraph ‘a’ hereof, which are deemed Over-the-internet Communication Shops, and shall include, but are not limited, to the following services:
1. Electronic Mail (or E-mail)
2. Instant messaging
3. Online Forum
i) “Class Hours” shall refer to the required time period for classes in any given school day that has to be attended to by the student as prescribed by his/her school
j) “Out-of-school minor” shall refer to any youngster, below eighteen (18) years
of age, who is not enrolled in any elementary or high-school institution or
otherwise without any proof of schooling
SECTION 3. The following prohibition shall be strictly complied with relative to the operation of computer rental centers, internet cafes and videogame arcades within the City of Manila:
a) No student belonging to the elementary and high school levels shall have access to any form of video games or be allowed entry to any computer rental center, internet café or videogame arcade for no definite purpose during class hours from Monday to Friday of any given week, unless any such day fails on a legal holiday, or otherwise during the period of conclusion of the school year or the suspension thereof. In order to obtain access, such student shall show proof of exemption as reflected in the identification card,
registration/enrollment papers and/or original copy of the weekly class schedule duly issued by the office of the school principal and attested by the class adviser.
b) Elementary and high school students shall be allowed to make use of the Internet: provided, however, that such use shall solely be for educational and/or wholesome browsing and research purposes and under the supervision of the computer rental center or the Café’s manager or staff.
c) Elementary and high-school students shall be allowed to gain access to over-the internet communication: provided however, that such access shall solely be for wholesome communication purposes and under the supervision of the computer rental center or the Café’s manager or staff.
d) Out-of-School minors shall be allowed to gain access to any interactive entertainment and communications on any given day of the week; provided, however, that such access be limited to wholesome use and under the supervision of the computer rental center or the Café’s manager or staff; provided, further, that the same shall be without prejudice to the provisions of Subsections ‘e’ and ‘f’ hereof.
e) In no case shall pornography or on-line gambling be allowed to any customer. For this purpose, a prohibitive sign with the words “NO PHORNOGRAPHY AND GAMBLING ALLOWED” boldly printed thereon shall be posted at the upper portion of every computer monitor.
f) In all instance where access to computers rental centers, internet cafes and videogame arcades is allowed under the preceding subsections, the same shall in no case last beyond 10:00 p.m. of any given day, except when accompanied by a parent, adult family member or guardian during curfew hours.
a) Positively determine the presence of elementary and high school students by their uniforms or similar clothing, identification cards, study materials and other similar items as well as their familiarity of regular customers. The physical features of out-of-school minors shall qualify for prohibition purposes.
b) Provide transparency on the frontage of such establishments as well as adequate standard lighting of the interior premises to allow unimpeded outside view.
c) Program, activate or otherwise install a security system on all computer terminals or networks to prevent any access to pornographic sites or on-line gambling,
SECTION 5. Upon the approval of this Ordinance, the Office of the City Mayor or any of its duly authorized representative departments/bureaus shall conduct random, unannounced inspection on all establishments herein mentioned to ascertain compliance with the provisions of this Ordinance. Upon written complaint, the Manila Police or the Punong Barangay or his duly appointed official having territorial jurisdiction over such establishments/s shall conduct their own investigation to verify the fact of any violation.
SECTION 6. The Office of the Mayor shall formulate the necessary rules and guidelines for the efficient implementation of this Ordinance.
SECTION 7. Any owner/proprietor of any interactive entertainment and communication
shop who violates or causes the violation of this Ordinance shall be punished as follows:
shop who violates or causes the violation of this Ordinance shall be punished as follows:
a) For the first Offense- a fine of One Thousand Pesos (P1,000.00)
b) For the Second Offense- a fine of Three Thousand Pesos (P3,000.00), or an imprisonment for a period not exceeding six (6) months, or both in the discretion of the court, including the suspension of the business permit; and
c) For the Third and Subsequent Offenses- a fine of Five Thousand Pesos (P5,000.00), or an imprisonment for a period of the court, including the revocation of the business permit.
CITY ORDINANCE IN SURIGAO
SECTION 1. TITLE OF THE ORDINANCE. - This Ordinance shall be known as AN ORDINANCE PRESCRIBING RULES AND REGULATIONS IN THE ESTABLISHMENT AND OPERATION OF INTERNET CAFES, DEFINING DUTIES AND RESPONSIBILITIES, AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
SECTION 2. DEFINITION OF TERMS. - The following words and phrases used in this Ordinance shall be defined as:
a. COMPUTER - herein referred to as an electronic device that accepts, processes, stores, and outputs data at high speeds according to programmed instruction.
b. COMPUTER-RELATED EQUIPMENT AND ACCESSORIES - are electronic devices attached to the computer that input store and transmit program, data and presentation. These devices are commonly referred, but not limited, to as webcams, modems, printers, scanners, digital cameras and storage disks.
c. INTERNET PORNOGRAPHY - refers to the visual representation or images showing the prohibited acts mentioned in section 3 of this ordinance through any of the electronic devices or means, with the end in view of satisfying the lust or sexual desire of another, regardless of geographic location, including but not limited to the following: digital camera, camera-equipped mobile phones, web cam, head set and microphones or similar gadgets.
d. INTERNET CAFÉ - refers to the Internet café, arcades, lounges, including mansions, residential houses which regularly and customarily offers internet services to the public for a fee or any other consideration.
e. KNOWINGLY - means having actual or constructive knowledge of obscene or pornographic contents of the subject matter.
f. MINOR - also termed herein as children refers to any boy or girl below 18 years old.
g. PERSON - refers to any natural or juridical entity.
h. USER’S LOG - refers to the computer data filled up by the user or customer of the Internet establishment prior to the use of the computer. The data shall include the name, age, address, school and a valid ID Card or any legitimate proof of identification.
i. USER’S LOGBOOK - refers to the logbook or notebook, which contains the personal circumstances of the user as mentioned above.
j. WEBCAM - is a video or digital camera, usually attached directly to a computer, designed to take photographs or images and transmit them over the internet.
k. WORKSTATION - refers to booths and cubicles inside internet cafes,including those occupied by managers and/or employees of the same.
l. Board - Internet Cafes Regulatory Board.
SECTION 2. CREATION - A regulatory board, which shall be composed of the City Legal Officer, as the chairman, City Social Welfare Officer and PNP Women’s Desk Personnel, as members, is hereby created to monitor strict compliance with the provisions of this ordinance.
SECTION 3. POWERS AND FUNCTIONS. - The regulatory board shall have the following powers and functions:
1. To inspect internet cafes to determine compliance with the provision of this
ordinance.
ordinance.
2. To receive and investigate complaints for violation of the provisions of this
ordinance;
ordinance;
3. To invite any person to testify before the Board in connection with a complaint
for violation of any provisions of this ordinance.
for violation of any provisions of this ordinance.
4. To recommend to the City Mayor, for the suspension, revocation of the
license and closure of the concerned internet café, after a summary hearing
wherein the owner of the internet café subject of the complaint may be heard.
license and closure of the concerned internet café, after a summary hearing
wherein the owner of the internet café subject of the complaint may be heard.
5. The power to inspect the Internet Cafes to determine compliance with the
provision of this Ordinance may be delegated by the Board in writing to the
PNP Women’s Desk Personnel.
provision of this Ordinance may be delegated by the Board in writing to the
PNP Women’s Desk Personnel.
SECTION 4. NOTICE OF HEARING. - In the conduct of the hearing of a complaint, the board shall:
a. Notify the owner/proprietor of the Internet café subject of the complaint of the filing of the complaint and order the owner/proprietor to file his/her answer to the complaint within three (3) days from receipt of the copy of the complaint.
b. Hear and investigate the complaint during which the board may consider any evidence, including evidence of the general reputation of the place or premises. However, the concerned owner/proprietor of the internet café shall have the opportunity to present evidence in his/her defense;
c. To resolve the complaint within ten (10) days from the termination of the summary hearing and make the corresponding recommendations pursuant to Section 3. of this ordinance. The resolution of the Board recommending the suspension, or revocation of the license, or closure of the internet cafe subject of the complain shall not be a bar to the criminal prosecution of the
owner or proprietor for violation of any provisions of this ordinance, if the evidence warrants.
owner or proprietor for violation of any provisions of this ordinance, if the evidence warrants.
OBLIGATIONS OF INTERNET CAFÉ OWNERS.
SECTION 5. In addition to business permit requirements, clearances and other licensing prerequisites established by duly constituted authorities for the operation of internet cafes, the owner, proprietor, manager, or officer responsible therefore in the case of corporations, partnerships, or associations, shall submit to the Internet Regulatory Board a list containing the following:
a) Name of the owner, operator and address;
b) Number of Computer Units;
c) Nature and number of computer accessories such as but not limited to the following: webcams, headsets, microphones, computer disk writers, and printers;
d) Installed software on the computer units;
e) Hours of the day during which the internet café is open the public; and the
number, names and addresses of the employees.
number, names and addresses of the employees.
SECTION 6. The Internet Establishment shall be required through its owner, proprietor, lessee, and manager to perform and undertake the following measures:
a) To maintain a centralized user’s logbook;
b) To ensure that the Internet rooms are visible to public view;
c) To refuse the entry of children, playing computer games during school
hours from 7:00 am to 5:00 pm, except during Saturday, Sunday and
special holiday;
hours from 7:00 am to 5:00 pm, except during Saturday, Sunday and
special holiday;
d) To report any violation of this act to the concerned authorities.
SECTION 7. PROHIBITED ACTS. - It shall be unlawful for any person with or without any consideration promise or reward, to perform or exhibit in front of a digital camera, computer video camera, camera equipped-mobile phones, web cam and the like any of the following acts:
a. Actual or simulated sexual-intercourse, including genital-genital, oral-genital, anal-genital, oral-anal, whether between the same persons of the same or opposite sex;
b. Bestiality or any sexual activity by a human to non-human or animals;
c. Masturbation or the manual excitation of the sexual organs, most often to the point of orgasm performed alone;
d. Sadistic or masochistic abuse. Sadism as herein referred is the sexual pleasure or gratification in the infliction of pain and suffering upon another person. Masochism is sexual pleasure or gratification of having pain or suffering inflicted upon the self;
e. Use of vibrator or any instrument where the genitals, breast or pubic area of any person is exhibited; and
f. Other acts intimately related or similar in nature.
SECTION 8. ACTS PUNISHABLE. - The production, distribution, transmission of the images or visual representation depicting the prohibited acts enumerated in the immediately preceding provision is hereby declared unlawful and prohibited.
SECTION 9. Allowing minors access to pornographic web sites is likewise hereby declared to be unlawful and prohibited.
SECTION 10. PERSONS TO BE PENALIZED. - The financier, operator of the lewd exhibition or show, the pimps, including the owner, maintainer, manager, proprietor, or the officer responsible thereof in the case of internet cafes operated by a corporation, partnership or association as well as their employees who knowingly allow the commission of any of the unlawful and prohibited acts set forth in Sections 7, 8, and 9 of Article 5 hereof shall be held criminally liable.
SECTION 11. PENAL PROVISION. -
a. Any person, owner, proprietor, or manager of an internet café, or the officer responsible for managing the day-to-day operations of internet cafes owned by a corporation, partnership or association as well as their employees who knowingly allows the commission of any of the acts declared to be unlawful and prohibited by the provisions of Section 7, 8, and 9, Article 5 hereof shall be penalized as follows:
1 For first time offenders, the offending party shall be penalized with a fine of P2,000.00 or by imprisonment for a period of six (6) months to one (1) year or both at the discretion of the Court;
2 For 2nd time offenders, the offending party shall be penalized with a fine of P3,000.00 or by imprisonment for a period of six (6) months to one (1)year or both, at the discretion of the Court;
3 For 3rd time offenders, the offending party shall be penalized with a fine of P5,000.00 or by imprisonment for a period of six (6) months to one (1) year or both, at the discretion of the Court, and its business license or permit shall be revoked or cancelled. The offenders, furthermore, will be perpetually prohibited from operating an internet café.
b. Any person, internet café proprietor, owner, manager, or officer of a corporation, partnership or association responsible for the day-to-day operations of the internet café as well as their employees who violate any other provision of this ordinance shall suffer the penalty of a fine ranging from One Thousand Pesos (P1,000.00) to Three Thousand Pesos (P3,000.00) or imprisonment of Three (3) months to Six (6) months or both, subject to the sound discretion of the court.
c. In case the performer, actor or exhibitor is a minor, he/she shall be considered
a victim pursuant to the provisions of Republic Act 7610, otherwise known as the
“Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act”
and shall be placed under protective custody, as provided for in Section 28 thereof.
a victim pursuant to the provisions of Republic Act 7610, otherwise known as the
“Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act”
and shall be placed under protective custody, as provided for in Section 28 thereof.
SECTION 12. COMMON PROVISIONS. - The following provisions shall apply to Section 7, 8, 9 and 10 of Article 5 of this Ordinance.
a) The penalty shall be imposed in its maximum if the offender has been previously convicted under this Ordinance.
b) If the offender is a foreigner, he shall be immediately deported to his country after serving his sentence.
c) If any of the performers, actors, exhibitors or both are minors who were induced to perform any of the acts prohibited by the provisions of Section 7, Article 5, the penalty in its maximum period shall be imposed upon the owner
of the internet café who knowingly allowed the acts to be performed, including the officers of the corporation, partnership, or association operating the internet café responsible therefore, as well as the person or persons who caused the inducement.
of the internet café who knowingly allowed the acts to be performed, including the officers of the corporation, partnership, or association operating the internet café responsible therefore, as well as the person or persons who caused the inducement.
d) All payments of fees shall be paid to the Office of the City Treasurer of the City Government of Surigao.
SECTION 13. PARENTAL AUTHORITY AND CUSTODY. - Where the mother, father, or guardian induced the minor to engage in acts prohibited by Section 7, Article 5, hereof, the City Social Welfare and Development Office (CSWDO) shall temporarily assume the protective custody over the minor. Should the CSWDO deemed it necessary for the welfare of the minor to have his mother and/or father or guardian stripped of parental authority, it shall initiate the corresponding proceedings before the proper court in accordance with Executive Order 209, also known as the Family Code of the Philippines.
SECTION 14. DISPOSITION OF MATERIALS. - Any material containing the lewd exhibition and the equipment used in the production of obscene and pornographic materials shall, after the conviction of the offender, be forfeited in favor of the government and destroyed in the presence of the representative from the Mayor’s Office, Sangguniang Panlungsod, Local Police Force and any one from religious, civic or youth organizations, in the manner as the court may direct: Provided, however, that when the accused is acquitted, the materials seized shall still be forfeited in favor of the government and destroyed: Provided, further, that if the acquittal results from a finding that the materials seized are not obscene or pornographic under this act, the materials shall be returned to the accused.
SECTION 15. AWARDS AND INCENTIVES. - Awards and incentives shall be conferred upon Internet Cafes who shall actively take part in the implementation of this Ordinance.
SECTION 16. REPEALING CLAUSE. All ordinances, rules and regulations or parts thereof in conflict with this Ordinance are hereby repealed, provided that the rights that are vested upon the effectivity of this Ordinance shall not be impaired.
SECTION 17. EFFECTIVITY CLAUSE. - This Ordinance shall take effect upon its approval.
