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Part 5: Other Important Special Laws

Module 5.7: Other Special Laws

Republic Act No. 10175: Cybercrime Prevention Act of 2012

Key Provisions:

  • Offenses against the confidentiality, integrity and availability of computer data and systems:
    • Illegal Access: Accessing a computer system without authorization.
    • Illegal Interception: Intercepting non-public data transmissions.
    • Data Interference: Damaging, deleting, or altering computer data without right.
    • System Interference: Interfering with the functioning of a computer system.
    • Misuse of Devices: Using, producing, or selling devices for committing cybercrimes.
    • Cybersquatting: Acquiring a domain name in bad faith.
  • Computer-related Offenses:
    • Computer-related Forgery: Creating inauthentic data with intent to be considered authentic.
    • Computer-related Fraud: Causing damage to another through computer data manipulation.
    • Computer-related Identity Theft: Illegally using another's identifying information.
  • Content-related Offenses:
    • Cybersex: Engaging in sexual acts via computer for consideration.
    • Child Pornography: Online materials involving minors.
    • Cyber Libel: Defamation through a computer system.
    • Unsolicited Commercial Communications: Spamming.

Penalties:

  • Illegal Access, Data/System Interference, Misuse of Devices: Prisión mayor (6-12 years) or a fine of at least ₱200,000.
  • Cybersex: Prisión mayor (6-12 years) and a fine of ₱200,000 to ₱1 million.
  • Child Pornography: Penalty is one degree higher than under the Anti-Child Pornography Act (RA 9775).
  • Aiding or Abetting: Penalty is one degree lower than the prescribed penalty for the offense.

Republic Act No. 9995: Anti-Photo and Video Voyeurism Act of 2009

Key Provisions:

  • Prohibited Acts:
    1. Taking photos or videos of a person engaged in a private act without their consent.
    2. Copying or reproducing such photos or videos without consent.
    3. Selling, distributing, or broadcasting the material without consent.
  • Private Act/Area: Includes nudity or sexual activity in a location with a reasonable expectation of privacy.
  • Inadmissibility: Evidence obtained in violation of this act is inadmissible in any proceeding.

Penalties:

  • Imprisonment: 3 to 7 years.
  • Fine: ₱100,000 to ₱500,000.
  • Both may be imposed at the court's discretion.
  • Juridical Persons: License/franchise revoked, and responsible officers are liable.
  • Public Officers: Face administrative liability.
  • Aliens: Deportation after serving sentence and paying fines.

Republic Act No. 11313: Safe Spaces Act ("Bawal Bastos Law")

Key Provisions:

  • Addresses Gender-Based Sexual Harassment (GBSH) in various spaces:
    • Streets and Public Spaces: Catcalling, wolf-whistling, leering, sexist slurs, stalking.
    • Workplaces: Expands RA 7877 (Anti-Sexual Harassment Act) to cover peer-to-peer and subordinate-to-superior harassment. Requires employers to have a CODI.
    • Educational Institutions: Mandates schools to have anti-GBSH policies and procedures.
    • Online Spaces: Cyberstalking, unwanted sexual remarks online, unauthorized sharing of sexual content.
  • Duties of Establishments and LGUs: Establishments must have a zero-tolerance policy. LGUs must pass ordinances and create anti-harassment hotlines.

Penalties:

  • GBSH in Streets (First Offense): Fine of ₱1,000 and 12 hours of community service with a Gender Sensitivity Seminar. Penalties increase for subsequent offenses.
  • Groping/Touching: Arresto menor (11-30 days) and a fine of ₱10,000.
  • Online GBSH: Prisión correccional in its medium period (2-4 years) or a fine of ₱100,000 to ₱500,000, or both.
  • Qualified Offenses: Penalties are increased if the victim is a minor, senior, or PWD, or if the perpetrator is a public utility vehicle driver or uniformed personnel.

Republic Act No. 8049: Anti-Hazing Act of 2018

Key Provisions:

  • Absolute Prohibition: All forms of hazing are prohibited in all organizations. "Hazing" is defined as any act causing physical or psychological harm as a prerequisite for admission or membership.
  • Regulated Initiation Rites: Only non-hazing initiation rites are allowed. Organizations must register and provide a written application to school authorities at least 7 days prior, detailing activities and undertaking that no violence will be used.
  • Presence of Representatives: At least two representatives (from the school or LGU) must be present during initiation rites.
  • Liability:
    • Direct participants, planners, and officers are liable.
    • School officials and faculty who fail to act are liable.
    • Owners of the hazing venue and parents (if in their home) with knowledge are liable as principals.
    • Presence during hazing is prima facie evidence of participation.

Penalties:

  • Death, Rape, Sodomy, or Mutilation: Reclusion perpetua and a fine of ₱3,000,000.
  • Serious Physical Injuries: Reclusion temporal and a fine of ₱1,000,000.
  • Obstruction of Justice by Alumni/Members: Reclusion temporal and a fine of ₱1,000,000.
  • Violation by School (No representatives present): Fine of ₱1,000,000.

Republic Act No. 6539: Anti-Carnapping Act of 1972

Key Provisions:

  • Carnapping Defined: The taking of a motor vehicle belonging to another without the owner's consent, with intent to gain, either by violence, intimidation, or force upon things.
  • Registration: Unregistered motor vehicle parts are presumed illegally sourced or carnapped.
  • Tampering: Defacing or tampering with original serial numbers of engines, chassis, etc., is unlawful.

Penalties:

  • Carnapping without Violence/Intimidation: 14 years and 8 months to 17 years and 4 months.
  • Carnapping with Violence/Intimidation: 17 years and 4 months to 30 years.
  • Carnapping resulting in Death: Life imprisonment to death.
  • Note: This law was amended by RA 10883 (The New Anti-Carnapping Act of 2016), which increased penalties. For instance, the penalty for carnapping is now reclusion perpetua if the owner, driver, or occupant is killed or raped.

Multiple Choice Questions (MCQs)

  1. What is the act of accessing a computer system without right? a) Data Interference b) Illegal Access c) System Interference d) Cybersquatting

  2. Under RA 10175, what crime is committed by acquiring a domain name in bad faith to profit from the goodwill of another? a) Computer-related Fraud b) Cyber Libel c) Cybersquatting d) Computer-related Identity Theft

  3. The penalty for Cybersex under RA 10175 is: a) Prisión correccional b) Reclusion temporal c) Prisión mayor d) Arresto mayor

  4. RA 9995 prohibits the taking of photos or videos of a person engaged in what kind of act without consent? a) A public act b) A private act c) A criminal act d) A commercial act

  5. What is the penalty for violating the Anti-Photo and Video Voyeurism Act? a) 1-3 years imprisonment b) 3-7 years imprisonment c) 6-12 years imprisonment d) Reclusion perpetua

  6. Which of the following is NOT a prohibited act under RA 9995? a) Taking a video of a person in their bedroom without consent. b) Sharing a private video of another person without their permission. c) Photographing a person performing on a public stage. d) Copying an intimate video with intent to distribute.

  7. RA 11313, or the Safe Spaces Act, is also known as: a) The "No to Catcalling" Law b) The "Respect for All" Law c) The "Bawal Bastos" Law d) The "Anti-Harassment" Law

  8. Which of the following is considered Gender-Based Sexual Harassment in a public space under RA 11313? a) Giving a compliment b) Staring blankly into space c) Wolf-whistling and leering d) Asking for directions

  9. Under the Safe Spaces Act, what is the penalty for a first-time offense of catcalling? a) A warning from a police officer. b) A fine of ₱1,000 and 12 hours community service. c) 30 days imprisonment. d) A public apology.

  10. The Anti-Hazing Act of 2018 (RA 8049) makes what change to the practice of hazing? a) It regulates hazing. b) It allows hazing with parental consent. c) It completely prohibits all forms of hazing. d) It only prohibits hazing that results in death.

  11. According to RA 8049, what is the penalty for hazing that results in death? a) Reclusion temporal and a fine of ₱1,000,000. b) Life imprisonment and a fine of ₱2,000,000. c) Reclusion perpetua and a fine of ₱3,000,000. d) Death penalty.

  12. Under the Anti-Hazing Act, what is the legal effect of being present during a hazing activity? a) No liability if you did not participate. b) Considered an accessory to the crime. c) Prima facie evidence of participation. d) Liable only if you are an officer of the organization.

  13. The presence of how many school or LGU representatives is required during an initiation rite? a) At least one b) At least two c) Exactly three d) None, as long as it is reported.

  14. What is the act of taking a motor vehicle with intent to gain and without the owner's consent defined as under RA 6539? a) Robbery b) Theft c) Carnapping d) Estafa

  15. What is the penalty for carnapping if the owner of the vehicle is killed in the process, according to RA 6539? a) Reclusion temporal b) 30 years imprisonment c) Life imprisonment to death d) Prisión mayor

  16. The "New Anti-Carnapping Act of 2016" which amended RA 6539 is: a) RA 10175 b) RA 11313 c) RA 10883 d) RA 9995

  17. Which law would apply to a person who incessantly sends unwanted and threatening messages to someone online? a) RA 9995 (Anti-Voyeurism Act) b) RA 11313 (Safe Spaces Act) c) RA 8049 (Anti-Hazing Act) d) RA 6539 (Anti-Carnapping Act)

  18. A fraternity plans an initiation. What must they do to comply with RA 8049? a) Ensure all recruits are over 18. b) Get written consent from the recruits' parents. c) Submit a written application to the school at least 7 days prior. d) Conduct the initiation off-campus to avoid school liability.

  19. An employee is being harassed by their co-worker of the same rank. Which law specifically covers this scenario? a) RA 7877 (The original Anti-Sexual Harassment Act) b) RA 11313 (Safe Spaces Act) c) RA 9262 (VAWC) d) RA 10175 (Cybercrime Prevention Act)

  20. What is the act of illegally using another person's identifying information online called under the Cybercrime Prevention Act? a) Cybersquatting b) Hacking c) Computer-related Forgery d) Computer-related Identity Theft

Answer Key

  1. b) Illegal Access
  2. c) Cybersquatting
  3. c) Prisión mayor
  4. b) A private act
  5. b) 3-7 years imprisonment
  6. c) Photographing a person performing on a public stage.
  7. c) The "Bawal Bastos" Law
  8. c) Wolf-whistling and leering
  9. b) A fine of ₱1,000 and 12 hours community service.
  10. c) It completely prohibits all forms of hazing.
  11. c) Reclusion perpetua and a fine of ₱3,000,000.
  12. c) Prima facie evidence of participation.
  13. b) At least two
  14. c) Carnapping
  15. c) Life imprisonment to death
  16. c) RA 10883
  17. b) RA 11313 (Safe Spaces Act)
  18. c) Submit a written application to the school at least 7 days prior.
  19. b) RA 11313 (Safe Spaces Act)
  20. d) Computer-related Identity Theft