Sec. Section 6. Most of the time, identity thieves pose as their victims by obtaining sensitive information such as names, social security numbers, identity cards, and credit card information. – The following penalties are hereby imposed: (a) The penalty of imprisonment of not less than twelve (12) years but not more than fifteen (15) years or a fine of not less than One million pesos (P1,000,000.00) but not more than Three million pesos (P3,000,000.00), or both imprisonment and fine at the discretion of the court shall be imposed upon any person found guilty of stealing or unauthorized taking or possession without authority or selling or buying with intent to gain of any stolen government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof; (b) The penalty of imprisonment of not less than six (6) years but not more than ten (10) years or a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000.000.00), or both imprisonment and fine at the discretion of the court shall be imposed upon any person found guilty of unauthorized tampering, dismantling or disassembling of government risk reduction and preparedness equipment. 9160 is hereby amended as follows: "(b) 'Covered transaction' is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of Five hundred thousand pesos (PhP 500,000.00) within one (1) banking day.chanroblesvirtuallawlibrary. SECTION 13. 9160 is hereby deleted. (e) Benefit from the proceeds or fruits of any of the abovementioned prohibited acts knowing that the proceeds or fruits are derived from the commission of said prohibited acts. The Supreme Court (SC) yesterday upheld the constitutionality of a key provision in the controversial Republic Act No. 4. 9194 March 7, 2003. (Sgd.) The dissemination of information and continuing education on the provisions of this Act shall commence within sixty (60) days from the approval of its implementing rules and regulations. [ REPUBLIC ACT NO. Title. Short Title. Authority to Inquire into Bank Deposits. – If any part or provision of this Act shall be declared invalid or unconstitutional, the remaining provisions or parts not affected shall remain in full force and effect. In response to this, Congress passed Republic Act 9995 (Anti-Photo and Video Voyeurism Act of 2009) to prevent the publication and distribution of similar material in the future. 455 and 1937;cralaw, "(11) Violations under Republic Act No. "To ensure compliance with this Act, the Bangko Sentral ng Pilipinas (BSP) may inquire into or examine any deposit of investment with any banking institution or non-bank financial institution when the examination is made in the course of a periodic or special examination, in accordance with the rules of examination of the BSP.chanroblesvirtuallawlibrary. Republic 1946–72, 1987–present Presidential Decree: PD. 9160, OTHERWISE KNOWN AS THE “ANTI-MONEY LAUNDERING ACT OF 2001” Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled: SECTION 1. 11. Criminal laws are prospective in application unless favorable to the accused. Section 3, paragraph (b), of Republic Act No. SECTION 10. 10173] AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION IN INFORMATION AND COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND THE PRIVATE SECTOR, CREATING FOR THIS PURPOSE A NATIONAL PRIVACY COMMISSION, AND FOR OTHER PURPOSES Be it enacted, by the Senate and House of Representatives of the Philippines in Congress assembled: 3(I) hereof or a money laundering offense under Sec. Section 9. Congress of the Philippines Sec. Transitory Provision. — Theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent. 308. Who are liable for theft. 9194 ] AN ACT AMENDING REPUBLIC ACT NO. 532;cralaw, "(8) Qualified theft under Article 310 of the Revised penal Code, as amended;cralaw, "(9) Swindling under Article 315 of the Revised Penal Code, as amended;cralaw, "(10) Smuggling under Republic Act Nos. In February last year, a public-school teacher, ... Garchitorena heads CIC, a government-owned and-controlled corporation that was set up following the creation of Republic Act No. AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN. Separability Clause. 8791, and other laws, the AMLC may inquire into or examine any particular deposit or investment with any banking institution or non-bank financial institution upon order of any competent court in cases of violation of this Act, when it has been established that there is probable cause that the deposits or investments are related to an unlawful activities as defined in Sec. Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress Second Regular Session ____ Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand two. 9. 9165, otherwise known as the Comprehensive Dangerous Act of 2002;cralaw, "(3) Sec. Declaration of Policy. Section 2. It is crafted and passed by the Congress of the Philippines and approved by the President of Philippines. (d) The penalty of imprisonment of not less than two (2) years but not more than seven (7) years or a fine of not less than Two hundred thousand pesos (PP00,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both imprisonment and fine at the discretion of the court shall be imposed upon any person found guilty of unlawfully benefiting from the proceeds or fruits of any of the prohibited acts enumerated in Section 4 of this Act knowing that such proceeds or fruits are derived from the commission of said prohibited acts. chanroblesvirtuallawlibrary. (b) Encourage the public, NGOs and POs to safeguard and protect these government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof, within their areas of jurisdiction. The freeze order shall be for a period of twenty (20) days unless extended by the court.chanroblesvirtuallawlibrary. yr=d.getFullYear(); Sec. -- This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation. 9160 is hereby amended as follows: REPUBLIC ACT NO. Prima Facie Evidence. None relate to national voting records, and there is no national set of fingerprints tied to any of these, which makes identity theft possible. -- The Anti-Money Laundering Council is hereby created and shall be composed of the Governor of the Bangko Sentral ng Pilipinas as chairman, the Commissioner of the Insurance Commission and the Chairman of the Securities and Exchange Commission as member. SECTION 11. 3(i) hereof, may issue a freeze order which shall be effective immediately. Republic of the Philippines. 9(c). 10175, is a law in the Philippines that was approved on September 12, 2012. 7 of the same Act is hereby amended as follows: "SEC.7. According to a press release from the Philippine National Police Anti-Cybercrime Group (PNP ACG), a total of 1,211 cybercrime complaints were filed with them from 2013-2015. 3 of the same Act is further amended by inserting between paragraphs (b) and (c) a new paragraph designated as (b-1) to read as follows: "(b-1) 'Suspicious transaction' are transactions with covered institutions, regardless of the amounts involved, where any of the following circumstances exist: 1. there is no underlying legal or trade obligation, purpose or economic justification;cralaw, 2. the client is not properly identified;cralaw, 3. the amount involved is not commensurate with the business or financial capacity of the client;cralaw, 4. taking into account all known circumstances, it may be perceived that the client's transaction is structured in order to avoid being the subject of reporting requirements under the Act;cralaw, 5. any circumstances relating to the transaction which is observed to deviate from the profile of the client and/or the client's past transactions with the covered institution;cralaw, 6. the transactions is in a way related to an unlawful activity or offense under this Act that is about to be, is being or has been committed; or, 7. any transactions that is similar or analogous to any of the foregoing."chanroblesvirtuallawlibrary. 15 of Republic Act No. Ninth Congress. On October 3rd, the Philippines Cybercrime Prevention Act (RA 10175) took effect and, with it, the country instituted criminal penalties for a variety of online acts, including spamming, identity theft and, most controversially, libel.. Section 12. The IRS needs this form to begin resolving your identity theft case. 14, paragraphs (c) and (d) of the same Act is hereby amended to read as follows: "(c) Malicious Reporting. EMMA LIRIO-REYESSecretary of Senate, (Sgd.) 8792, otherwise known as the Electrinic Commerce Act of 2000;cralaw, "(12) Hijacking and other violations under Republic Act No. 1405, as amended, Republic Act No. The complete list of government risk reduction and preparedness equipment, accessories and other vital facility items shall be provided jointly by the DOST and the NDRRMC to government agencies engaged in disaster preparedness. Sec. Section 13. Sec. Identity Theft in the Philippines. Sec. Freezing of Monetary Instrument or Property. accessories and other vital facility items, or parts thereof; (c) The penalty of imprisonment of not less than six (6) years but not more than eight (8) years or a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00), or both imprisonment and fine at the discretion of the court shall be imposed upon any person who attempts to commit any of the prohibited acts provided in Section 4 of this Act; and. var d=new Date(); ‘Identity theft’: Young woman’s photos stolen, used on dating app. 9160, OTHERWISE KNOWN AS THE "ANTI-MONEY LAUNDERING ACT OF 2001". If the offender is a public official or employee, he shall, in addition to the penalties prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the case may be. 3, paragraph (b) of Republic Act No. Section 4. The top five complaints received were online scams (366), online libel (240), online threats (129), identity theft (127), and photo and video voyeurism (89). Section 3. 6235; destructive arson and murder, as defined under the Revised Penal Code, as amended, including those perpetrated by terrorists against non-combatant persons and similar targets;cralaw, "(13) Fraudulent practices and other violations under Republic Act No. Metro Manila. Computer-related Identity Theft – The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower. AN ACT PENALIZING THE PILFERAGE OF ELECTRICITY AND THEFT OF ELECTRIC POWER TRANSMISSION LINES/MATERIALS, RATIONALIZING SYSTEM LOSSES BY PHASING OUT PILFERAGE LOSSES AS A COMPONENT THEREOF, AND FOR OTHER PURPOSES Republic of the Philippines Congress of the Philippines Metro Manila. Act Act Philippine government under United States sovereignty 1900-1935 Commonwealth Act CA Philippine Commonwealth: 1935-1946 Republic Act RA Republic 1946-72, 1987-present: Presidential Decree PD Republic under Martial Law/Fourth Republic 1972-1986 Presidential Proclamation PP Republic under Martial Law 1972-1986 Batas Pambansa BP This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on March 21, 2012 and September 17, 2012, respectively. Section 8 of 2018 Philippine Identification System Act specifies that the PhilSys record personal information about each resident in two categories: demographic data (the person) and biometric data (how to authenticate the person). 3 paragraphs B, C, E, G, H and I of republic Act No. "Should a transaction be determined to be both a covered transaction and a suspicious transaction, the covered institution shall be required to report the same as a suspicious transaction. Section 5. Repealing Clause. The Act made identity theft a separate federal crime and gave it a broad definition. Section 10. Effectivity. This law is already in effect as the Supreme Court uphold its constitutionality (February 18, 2014). Neither may such reporting be published or aired in any manner or form by the mass media, electronic mail, or other similar devices. BENIGNO S. AQUINO IIIPresident of the Philippines, The Lawphil Project - Arellano Law Foundation. Penalty for Government Officers or Employees. It aims to address legal issues concerning online interactions and the Internet in the Philippines. Towards this end, all government agencies are mandated to institute measures to ensure the safety of its citizens and their properties through the installation of data and information gathering devices and the network of national and local authorities to disseminate risk reduction warning and advice. CONGRESS OF THE PHILIPPINES. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) national newspapers of general circulation. (c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so." In addition, after due notice and hearing, they shall be administratively dismissed from the service and all their benefits from the government, shall be forfeited. Scope. – The Department of Science and Technology (DOST) shall, in coordination with the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA), the Philippine Institute of Volcanology and Seismology (PHIVOLCS) and the National Disaster Risk Reduction and Management Council (NDRRMC), provide a list of all government risk reduction and preparedness equipment, accessories and other vital facility items such as, but not limited to, radars, weather forecasting equipment, flood monitoring instruments, seismographs, tsunami warning systems and automated weather systems. Republic Act No. Republic under Martial Law/Fourth Republic 1972–1986 ... JobStart Philippines Act 2016-07-17: 10870: Philippine Credit Card Industry Regulation Act 2016-07-17: 10871: Basic Life Support Training in Schools Act 2016-07-17: Republic Act: RA. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I PRELIMINARY PROVISIONS. List of Government Risk Reduction and Preparedness Equipment and Other Vital Facility Items. "(2) to issue orders addressed to the appropriate Supervising Authority or the covered institutions to determine the true identity of the owner of any monetary instrument or preperty subject of a covered transaction or suspicious transaction report or request for assistance from a foreign State, or believed by the Council, on the basis fo substantial evidence, to be, in whole or in part, wherever located, representing, involving, or related to directly or indirectly, in any manner or by any means, the proceeds of an unlawful activitity. The IRS will send you a letter about 30 days after they receive your completed form, to let you know they got it. In case of violation thereof, the concerned officer and employee of the covered institution and media shall be held criminally liable.chanroblesvirtuallawlibrary. 3(i) hereof;cralaw, "(7) to implement such measures as may be necessary and justified under this Act to counteract money laundering;cralaw, "(8) to receive and take action in respect of, any request from foreign states for assistance in their own anti-money laundering operations provided in this Act;cralaw, "(9) to develop educational programs on the pernicious effects of money laundering, the methods and techniques used in the money laundering, the viable means of preventing money laundering and the effective ways of prosecuting and punishing offenders;cralaw, "(10) to enlist the assistance of any branch, department, bureau, office, agency, or instrumentality of the government, including government-owned and -controlled corporations, in undertaking any and all anti-money laundering operations, which may include the use of its personnel, facilities and resources for the more resolute prevention, detection, and investigation of money laundering offenses and prosecution of offenders; and, "(11) to impose administrative sanctions for the violation of laws, rules, regulations, and orders and resolutions issued pursuant thereto."chanroblesvirtuallawlibrary. -- Covered institutions shall report to the AMLC all covered transactions and suspicious transactions within five(5) working days from occurrences thereof, unless the Supervising Authority prescribes a longer period not exceeding ten (10) working days. 8799, otherwise known as the Securities Regulation Code of 2000;cralaw, "(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries."chanroblesvirtuallawlibrary. Republic Act 10175 – Cybercrime Prevention Act was signed into law last September 12, 2012. In the case of a breach of confidentiality that is published or reported by media, the responsible reporter, writer, president, publisher, manager and editor-in-chief shall be liable under this Act.chanroblesvirtuallawlibrary. Sec. AN ACT PENALIZING THE UNAUTHORIZED TAKING, STEALING, KEEPING OR TAMPERING OF GOVERNMENT RISK REDUCTION AND PREPAREDNESS EQUIPMENT, ACCESSORIES AND SIMILAR FACILITIES. – At least once a year, the DOST and the NDRRMC shall, in coordination with the local government units (LGUs) and nongovernment organizations (NGOs) or people’s organizations (POs), disseminate information and conduct continuing education on the provisions of this Act through the media and other lawful means available. SECTION 12. -- This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspapers of general circulation.chanroblesvirtuallawlibrary. MARILYN B. BARUA-YAPSecretary GeneralHouse of Representatives, (Sgd.) This new law defined and punished offenses, which may be grouped as follows: offenses against the confidentiality, integrity and availability of computer data systems; computer-related offenses, such as computer forgery, fraud and identity theft, and content-related offenses, such as cybersex, child pornography and, most significantly, cyber libel. 292, Otherwise Known as the Administrative Code of … Sec. 9849. Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled: Section 1. Sec. 8791 and other similar laws, but are prohibited from communicating, directly or indirectly, in any manner or by an means, to any person, the fact that a covered or suspicious transaction report was made, the contents thereof, or any other information in relation thereto. 8. REPUBLIC ACT NO. Sec. Section 7. The Philippines which is the sixth largest social network media user in the world such as Facebook, is also one of the many countries without a law to protect its social network users from online identity theft. The AMLC shall shall act unanimously in the discharge of its functions as defined hereunder: "(1) to require and receive covered or suspicious transaction reports from covered institutions;cralaw. Sec. It is committed by the following: (a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to transacts said monetary instrument or property. 10 of the same Act is hereby amended to read as follows: "Sec 10. Your Social Security Number (SSN) is needed to submit an Identity Theft Affidavit (Form 14039) to the IRS. ICLG - Cybersecurity Laws and Regulations - covers common issues in cybersecurity laws and regulations, including cybercrime, applicable laws, preventing attacks, specific sectors, corporate governance, litigation, insurance, and investigatory and police powers – in 26 jurisdictions. [REPUBLIC ACT NO. If they need more information, they might call you. – The government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof shall, at all times, be protected and it shall be unlawful for any person to commit any of the following acts: (a) Steal, or take, or possess any of the equipment, or any part thereof; (b) Sell or buy stolen equipment or any part thereof; (c) Tamper, dismantle, or disassemble equipment or any part thereof; (d) Attempt to commit any of the abovementioned prohibited acts; and. 10175 ] AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES Be it enacted, by the Senate and House of Representatives of the Philippines in Congress assembled: Implementing Rules and Regulations. 9160 is hereby amended as follows: Sec. For purposes of this Act, "government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof refer to pieces of equipment or devices, or parts thereof that gather, store, archive or monitor meteorological and seismological data and information which are analyzed and used to warn the public about weather conditions, earthquake, volcanic or tsunami activities and similar natural calamities. : All Rights Reserved ReDiaz www.chanrobles.com. CLICK HERE FOR THE LATEST PHILIPPINE LAWS, STATUTES & CODES, Republic of the Philippines 5655 and Senate Bill No. SECTION 2. Chapter Three THEFT Art. However, no administrative, criminal or civil proceedings, shall lie against any person for having made a covered or suspicious transaction report in the regular performance of his duties in good faith, whether or not such reporting results in any criminal prosecution under this Act of any other law. "(d) Breach of Confidentiality. Sec. Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve. Short Title. 10344 AN ACT PENALIZING THE UNAUTHORIZED TAKING, STEALING, KEEPING OR TAMPERING OF GOVERNMENT RISK REDUCTION AND PREPAREDNESS EQUIPMENT, ACCESSORIES AND SIMILAR FACILITIES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. 7. The list shall be regularly updated. 7080, as amended;cralaw, "(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended;cralaw, "(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 3, paragraph (b) of Republic Act No. – The possession or custody of any government risk reduction and preparedness equipment, accessories and other vital facility items, or any part thereof, as defined in Section 3 hereof, by any person, natural or juridical, without proper authority shall be prima facie evidence that such instrument, part or accessory, is the fruit of the offense defined in Section 4 hereof and therefore such equipment, instrument, accessory, or other vital facility items, or parts thereof may be immediately confiscated from the person in possession, control or custody thereof. However, given the amendments to the value of property stolen, upon which the penalty for simple theft is based, the degree of penalty or duration of imprisonment imposed for qualified theft necessarily changed, as well. (b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he falicitates the offense of money laundering referred to in paragraph (a) above. This Act which is a consolidation of House Bill No. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. 6. REPUBLIC ACT NO. Sec. Identity theft is not uncommon in the Philippines. "Any public official or employee who is called upon to testify and refuses to do the same or purposely fails to testify shall suffer the same penalties prescribed herein. Sec. 10175 or Cybercrime Prevention Act that criminalizes online libel. if (yr!=1998) AN ACT AMENDING REPUBLIC ACT NO. The punishment of imprisonment ranging from three (3) to eight (8) years and a fine of not less than Five hundred thousand Philippine pesos (Php500,000.00) but not more than One million Philippine pesos (Php1,000,000.00) shall be imposed on a person convicted for a violation under Sec. According to Republic Act 11055, the system aims to "eliminate the need to present other forms of identification when transacting with the government and private sector." 23. 9710. Any person who, having found… Identity theft is defined when someone uses your personal information without your permission, to commit fraud or other… The act of your former housemate in taking your cellphone constitutes theft which is defined under Article 308 of the Revised Penal Code, to wit: “Article 308. Who are liable for theft: Theft is committed by any person who, with intent to gain but without violence against, or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent.” 3019, as amended, otherwise known as the "Anti-Graft and Corrupt Practices Act"; Republic Act No. REPUBLIC ACT NO. 1602;cralaw, "(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential under the Revised Penal Code, as amended and Presidential Decree No. Such information dissemination and continuing education shall: (a) Aim to develop public awareness of: (1) the ill effects of unlawful taking or stealing, tampering and buying and selling of stolen government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof; and (2) the community-based solutions to prevent the occurrence of such offense; and. Although some provisions were deemed as unconstitutional (struck down) particularly Sections 4 (c) (3), 7, 12, and 19. -- Existing freeze orders issued by the AMLC shall remain in force for a period of thirty (30) days after the effectivity of this Act, unless extended by the Court of Appeals. – The prosecution under this Act shall bar any prosecution arising from the same Act under Articles 308, 309, 310 and 311 of the Revised Penal Code. Section 2. There is no crime unless the act is defined and penalized by this Code or other laws at the time of commission. MANILA— A woman whose photos were featured on a “sugar daddy” dating site has come forward to report that her images were used without her consent, and that she was never a member of the platform that has seen a rise in sign-ups in the Philippines. 11 of the same Act is hereby amended to read as follows: "Sec. An Act Declaring the 10th Day of Zhul Hijja, the 12th Month of the Islamic Calendar, a National Holiday for the Observance of Eidul Adha, Further Amending for the Purpose §26, Chapter 7, Book I of Executive Order No. 5. Sec. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act;cralaw, "(4) Plunder under Republic Act No. "When reporting covered or suspicious transactions to the AMLC, covered institutions and their officers and employees shall not be deemed to have violated Republic Act No. The State shall continue the policy to create, develop, maintain and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other. The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. Money Laundering Offense. Payment of the full cost of repair or replacement of the government risk reduction and preparedness equipment, accessories and other vital facility items, or parts thereof, which is the object of the crime shall likewise be imposed upon any person who shall commit any of the prohibited acts described in Section 4 of this Act. 6426, as amended, Republic Act No. -- Money laundering is a crime whereby the proceeds of an unlawful activity as herein defined are transacted, theeby making them appear to have originated from legitimate sources. 9(c) of the same Act is hereby amended to read as follows: "(c) Reporting of Covered and Suspicious Transactions. – All other laws, presidential decrees, executive orders, rules and regulations or parts thereof which are inconsistent with any provision of this Act are hereby repealed, amended or modified accordingly. 4 hereof, except that no court order shall be required in cases involving unlawful activities defined in Sections 3(I)1, (2) and (12). — This Act shall be known as “The Magna Carta of Women”. 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