{1
10
the act committed falls within the scope of such authority;
(b) an authority to take decisions on behalf of the juridical
person:
Provided,
That
act committed
the
falls within
the
scope of such authority; or (c) an authority to exercise control
within the juridical person, the juridical person shall be held
liable for a fine equivalent to at least double the fines
imposable in Section 7 up to a maximum of Ten million pesos
(PhP10,000,000.00).
If the commission of any of the punishable acts herein
defined was made possible due to the lack of supervision or
control by a natural person referred to and described in the
preceding paragraph, for the benefit of that juridical person
by a natural person acting under its authority, the juridical
person shall be held liable for a fine equivalent to at least
double the fines imposable in Section 7 up to a maximum of
Five million pesos
The
liability
imposed
on the
juridical
person
shall
be
CHAPTER IV
ENFORCEMENT
10.
Law
AND
Enforcement
IMPLEMENTATION
Authorities.
— The
12. Real-Time
authorities,
Traffic data
Bureau of Investigation (NBI) and the Philippine National
Police (PNP) shall be responsible for the efficient and effective
law enforcement of the provisions of this Act. The NBI and
the PNP shall organize a cybercrime unit or center manned
by special investigators to exclusively handle cases involving
violations of this Act.
SRC. 11. Duties of Law Enforcement Authorities. — To
its
ensure that the technical nature of cybercrime and
res
procedu
the
ring
prevention is given focus and conside
involved for international cooperation, law enforcement
authorities specifically the computer or technology crime
of
divisions or units responsible for the investigation
reports
regular
and
cybercrimes are required to submit timely
including pre-operation, post-operation and investigation results
the
and such other documents as may be required to
ing.
monitor
Department of Justice (DOJ) for review and
due
— Law
of Traffic Data.
cause,
shall
be
authorized
refer only
to the
communication’s
destination, route, time, date, size, duration, or
underlying service, but not content, nor identities.
origin,
type
of
All other data to be collected or seized or disclosed will
require a court warrant.
Service providers are required to cooperate and assist law
enforcement authorities in the collection or recording of the
above-stated information.
be
The court warrant required under this section shall only
issued
granted
or
upon
and
application
written
the
examination under oath or affirmation of the applicant and
the witnesses he may produce and the showing: (1) that there
are reasonable grounds to believe that any of the crimes
is being
enumerated hereinabove has been committed, or
are
there
that
(2)
d;
committe
be
to
about
committed, or is
obtained
be
will
that
evidence
that
believe
to
grounds
reasonable
to the
is essential
National
Collection
with
to collect or record by technical or electronic means traffic data
in real-time associated with specified communications
transmitted by means of a computer system.
(PhP5,000,000.00).
without prejudice to the criminal liability of the natural person
who has committed the offense.
Sec.
SEC.
enforcement
conviction
solution of, or to the prevention
person
of any
of, any such
for, or to the
crimes;
and
(3)
g
that there are no other means readily available for obtainin
such evidence.
The
Sec. 13. Preservation of Computer Data.~
to
g
relatin
ation
integrity of traffic data and subscriber inform
shall
r
provide
service
a
communication services provided by
be preserved for a minimum period of six (6) months from
the date of the transaction. Content data shall be similarly
preserved for six (6) months from the date of receipt of the
order from law enforcement authorities requiring its
preservation.
Law
extension
enforcement
for another
authorities
may
six (6) months:
order
Provided,
a
one-time
That
once
computer data preserved, transmitted or stored by a service
ing
provider is used as evidence in a case, the mere furnish
the
to
nt
docume
ttal
transmi
the
of
r
provide
to such service