Supreme Court rules on the Cybercrime Prevention Act of 2012

March 7, 2014

On 18 February 2014, the Supreme Court of the Philippines (“SC”) promulgated its Decision on the number of petitions questioning the constitutionality of Republic Act No. 10175, otherwise known as the Cybercrime Prevention Act of 2012 (the “Cybercrime Prevention Act”).

PJS Law has prepared a summary on the disposition of the Supreme Court below:

Provision of the Cybercrime Prevention Act
Decision of the SC
Relevant Consequences
Crime of Illegal Access (Section 4(a)(1))

- The access to the whole or any part of a computer system without right.
This provision of the Cybercrime Prevention Act is valid and constitutional since illegal access is a universally condemned conduct.
A concern raised in connection with this provision is that this will deter ethical hacking and will make ethical hackers criminals. Ethical hacking is the intentional hacking of a computer system to evaluate the system’s security and vulnerabilities.

On this, the SC said the conduct of ethical hacking is sanctioned or commissioned by the system owner, ethical hacking is access with right and does not constitute Illegal Access.

For the complete text of the summary, please click the link below:

  • Notes of Supreme Court Decision on the Constitutionality of the Cybercrime
    Prevention Act of 2012