By Jesu G Jumawan, MLS-JD1
I. INTRODUCTION
In this new society, advanced technologies are already part of the daily life of its citizens and play a vital role in industrialization. We cannot stop others from using these technologies to express their gratitude and at the same time their frustrations and dismay to others. With this current situation, where technological advancements with the use of cyberspace are readily available everywhere, people are now prone to abuse and can be used to attack and harass others for their own personal gain.
Enjoyment of this advancement must not be used to cause harm or injury to others. Respect for others’ rights must still be implemented and observed in order to maintain peace and harmony in this new and advanced society. According to recent news from Philstar Global, 126 people were arrested in February 2025 for cybercrimes by the Philippine National Police (PNP) Anti-Cybercrime Group (ACG). What is alarming in this report is that out of those arrested persons, two of them are minors who are already in the custody of social welfare officers. Also, the vulnerability of a child to becoming a victim of cybercrime.
II. RESEARCH OBJECTIVE
The primary objective of this study is to establish, or at the very least, identify how this will become a sustainable, credible, and safe cyberspace.
Protection of individual rights against cybercrime is a must. Safeguarding the freedom and liberty is inherent to every person, ensuring they are not violated by the government or other individuals, as enshrined in our 1987 Philippine Constitution and other legal frameworks.
Crimes punishable under R.A. No. 10175 are Cybersex, Child Pornography under the Anti-Child Pornography Act (R.A. No. 9775), but punished under R.A. No. 10175 when committed through a computer system, Unsolicited Commercial Communications (Spam), Online Libel, and other punishable acts under Chapter 2 of R.A 10175. Each cybercrime offense under R.A. No. 10175 carries specific penalties, generally one degree higher than what is provided for equivalent offenses in existing laws (such as the Revised Penal Code). This means that, if the analogous offense in the RPC carries a penalty of prision correccional, the cybercrime offense typically carries a penalty of prision mayor and specific years of imprisonment and fines vary depending on the category and gravity of the offense.
III. METHODOLOGY
Based on the Philstar Global news on March 19, 2025, the top five offenses committed under cybercrime are estafa, grave coercion, libel, violation of Republic Act 11934 or the Subscriber Identity Module Registration Act, and RA 12010 or the Anti-Financial Account Scamming Act.
On the other hand, the PNP-ACG reported that in 2022, there were 11,523 cybercrime incidents reported, and 19,472 cybercrime incidents reported in 2023. In the 1st semester of 2024, a total of 8,177 cybercrime incidents were reported, a decrease of 36.16% compared to the 1st semester of 2023, which was 12,808. Moreover, on their recent data covering the period from January 2025 to March 2025, there are 368 arrested persons and 279 cases filed on cybercrime.
IV. DISCUSSION
The State recognizes the vital role of information and communications industries in the State’s overall social and economic development. With this, the State needs to protect and safeguard the integrity, confidentiality, and availability of information and data stored therein from all forms of misuse, abuse, and illegal access by making it punishable under the law. With this, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.
Cybercriminals do not just virtually defraud, harass, stalk, abuse, and threaten innocent citizens; they also gravely abuse the internet for money laundering, trafficking illegal goods like drugs, guns, and child abuse materials. They even live-stream murders, abuses, and terrorist acts. Likewise, they also abused the use of the internet and electronic devices to plan, coordinate, and even facilitate traditional crimes in the physical world.
On December 9, 2016, then President Rodrigo R Duterte signed the BUDAPEST Convention on Cybercrime which was ratified by the Philippine Senate on February 19, 2018. The Convention on Cybercrime, also known as the Budapest Convention on Cybercrime or the Budapest Convention from the Council of Europe, is the first international treaty on cybercrime. However, prior to the accession of the Philippines to the treaty, RA No. 10175 or the Cybercrime Prevention Act of 2012 was enacted, which provided the substantive law on cybercrime and procedures on the search, seizure, and examination of digital evidence.
In order for the State to protect and safeguard its people in all forms of misuse, abuse, and illegal access of information and data, Republic Act No. 10175 was enacted. Under this law following acts are punished: (1) Illegal Access, (2) Illegal Interception, (3) Data Interference, (4) System Interference, (5) Misuse of Devices, (6) Cyber-squatting, (7) Computer-related Forgery, Fraud, Identity Theft, (8) Cybersex, (9) Child Pornography, (10) Unsolicited Commercial Communications, (11) Cyber Libel, (12) Aiding or Abetting in the Commission of Cybercrime, and (13) Attempt to Commit Cybercrime.
Through the valid exercise of Police Power of the state, directed the National Bureau of Investigation (NBI) and the Philippine National Police (PNP) to be responsible for the efficient and effective law enforcement of the provisions of the Act and shall organize a cybercrime division or unit to be manned by Special Investigators to exclusively handle cases involving violations of the Act. Their primary power and functions are: (1) Investigate all cybercrimes where computer systems are involved; (2) Conduct data recovery and forensic analysis on computer systems and other electronic evidence seized; (3) Formulate guidelines in investigation, forensic evidence recovery, and forensic data analysis consistent with industry standard practices; (4) Provide technological support to investigating units within the PNP and NBI including the search, seizure, evidence preservation and forensic recovery of data from crime scenes and systems used in crimes, and provide testimonies; (5) Develop public, private sector, and law enforcement agency relations in addressing cybercrimes; (6) Maintain necessary and relevant databases for statistical and/or monitoring purposes; (7) Develop capacity within their organizations in order to perform such duties necessary for the enforcement of the Act; (8) Support the formulation and enforcement of the national cybersecurity plan; and (9) Perform other functions as may be required by the Act.
Pursuant to the function of the Philippine National Police in R.A. No. 10175 and in connection to the PNP’s strategic plan which is known as the P.A.T.R.O.L. Plan 2030, the PNP Anti-Cybercrime Group (ACG) was activated on February 27, 2013 as a National Operational Support Unit. Its primary mission is to implement and enforce pertinent laws on cybercrime and other cyber-related crimes and pursue an effective anti-cybercrime campaign. PNP-ACG will be primarily responsible for the implementation of pertinent Philippine laws on cybercrimes and advocating the anti-cybercrime campaign of the PNP.
To have a sustainable, credible, safe cyberspace and an effective anti-cybercrime campaign, the PNP-ACG has four capabilities. (1) Cybercrime Investigation, (2) Digital Forensics, (3) Cyber Patrolling, and (4) Cyber Security.
For Cyber Investigation, the PNP-ACG shall be responsible for (1) Investigation and filing of appropriate charges against suspected cybercriminals, (2) Conduct anti-cybercrime operations and arrest of cybercriminals, (3) Application for court warrant for disclosure of data relative to cybercrime investigation, and (4) Application and service of Search Warrants Concerning Cybercrimes.
For Digital Forensics, the PNP-ACG shall be responsible for (1) Cybercrime Computer Forensic Examination, (2) Video Forensic Examination, and (3) Cellular Phone Forensic Examination.
For Cyber Patrolling, the PNP-ACG shall be responsible for (1) analyzing websites with links to cybercrime and terrorism, (2) conducting social media exploitation on persons of interest, and (3) creating a technical link analysis on persons of interest’s network and affiliations.
For Cyber Security, the PNP-ACG shall be responsible for (1) conduct collection and analysis of type of vulnerabilities that are being exploited, (2) conduct vulnerability assessment and penetration testing of information system, (3) periodic publication of cyber security tips, and (4) conduct cyber security research to proactively counter cybercrime and cyber threats.
Complainant/s who have been gravely injured by cybercrimes may report the incidents first to the PNP-ACG desk officer through PNP ACG E-Complaint Desk (PNP-ACG website), PNP-ACG Text/Hotline Number (09688674302/09671360322/09929893889), or walk-in complaint/s. Then, the duty desk officer will determine if it is cybercrime or not, and if it is Cyber Response Unit (CRU), Cyber Financial Crime Unit (CFCU), and Women and Children Cybercrime Protection Unit (WCCPU). Also, advise the complainant to bring the necessary documents needed for the conduct of a cybercrime investigation. Secondly, the complaint is endorsed to the duty investigator, then the complaint will fill out the incident record form and shall be signed. Next, the alleged post/article will be saved in PDF and/or take a screenshot of online evidence you can’t save. Lastly, collects receipts and other related evidence.
IV. CONCLUSION
Taking everything into account, the Philippine National Police created the Anti-Cybercrime Group not just to enhance its organization’s capabilities but to address and intensify cybercrime investigations pursuant to the Republic Act No. 10175: Cybercrime Prevention Act of 2012 and to all other cyber-related crimes to have a sustainable, credible, and safe cyberspace.
Further, the Philippine National Police, through its strategic plan known as the P.A.T.R.O.L. Plan 2030, aims to transform the organization into a highly capable, effective, and credible police service by 2030. This plan focuses on improving crime prevention, crime solution, community safety awareness, and law enforcement support for internal security operations. It also includes a Performance Governance System framework with a strategy map and scorecard for tracking progress. It is the PNP’s roadmap for achieving its vision by 2030, focusing on improving its capabilities, including its Information and Communication Technologies, addressing organizational dysfunctions, and strengthening law enforcement while enhancing the welfare of its personnel.
But where cyberlibel is concerned, a question arises about the criminal liability, for aiding and abetting, by a social media user who merely likes, comments, or shares libelous content. To this issue, the Court held that in the absence of legislation tracing the interaction of netizens and their level of responsibility, the criminal liability for aiding and abetting cannot stand scrutiny.
Moreover, the regulation of speech to punish disinformation is one of the greatest challenges to modern democracy. There is no law defining disinformation and the extent to which it is to be regulated. Also, spreading fake news poses a threat to the courts’ legitimacy.
V. RECOMMENDATION
We must recognize the dangers of unregulated speech against the judiciary on the internet and in various social media, where truth suffers from decay, where facts and objective analysis are inundated by false information. This is a threat to democracy as it hampers the ability of citizens to make informed decisions based on facts.
In social media, disinformation is created, shared, and amplified through the use of technology, such as bots and algorithms, which are programmed to exploit the attention and confirmation bias of their users. These mechanisms make it appear that the information disorder is widely shared in the same or similar social networks. The age of disinformation has corrupted the marketplace of ideas by denying facts.
Internet publicity and the danger it presents in the administration of justice cannot be discounted. A social media post can be shared infinitely and become viral in a matter of minutes. Organized networks of disinformation thrive in anonymity and the lack of effective regulatory mechanisms in social media. The proliferation of fake news is a significant threat to courts’ legitimacy, which is anchored on the public’s confidence in our administration of justice.
On a final note, the legislature must not be dormant and act on this matter promptly, for it leaves the public vulnerable to manipulations by malicious actors. Also, as good citizens of this country, we must exercise self-regulation and actively combat disinformation.
VI. BIBLIOGRAPHY
Republic Act No. 10175, “Cybercrime Prevention Act of 2012”
Implementing Rules and Regulations of Republic Act No. 10175
Supreme Court En Banc Resolution, AM No 17-11-03-SC, August 15, 2018
Philippine National Police Strategic Plan, “P.A.T.R.O.L. Plan 2030”
Philippine National Police. “PNP Primer on Cybercrime Investigation,” March 2023
Philippine National Police Memorandum Circular No. 2021-141 dated September 24, 2021 entitled: “Guidelines and Procedures in Reporting, Recording, Monitoring, and Disposition of Cybercrime and Cyber-Related Incidents”
Gromea, Jarre. “Cheap Speech in the marketplace of echo chambers,” USLC College of Law, Law Journal, Volume 14, Number 1, May 2025, p. 19-30
Philippine National Police Anti-Cybercrime Group. “PNP ACG Weekly Operational Accomplishment,” www.acg.pnp.gov.ph, https://acg.pnp.gov.ph/our-history/
Philippine National Police Anti-Cybercrime Group. “Citizen’s Charter,” www.acg.pnp.gov.ph, https://acg.pnp.gov.ph/citizens-charter-2/
Philippine National Police Anti-Cybercrime Group. “Capabilities,” http://www.acg.pnp.gov.ph, https://acg.pnp.gov.ph/capabilities/
Philippine National Police Anti-Cybercrime Group (PNP-ACG), http://www.cybersecurityintelligence.com, https://www.cybersecurityintelligence.com/philippine-national-police-anti-cybercrime-group-pnp-acg-4731.html
RESPICIO & CO.. “Cybercrime Prevention Act of 2012 [R.A. No. 10175] | SPECIAL PENAL LAWS.” January 16, 2025, https://www.respicio.ph/bar/2025/criminal-law/special-penal-laws/cybercrime-prevention-act-of-2012-ra-no-10175
Tupas, Emmanuel. “ACG nabs 126 for cybercrimes.” The Philippine Star, March 19, 2025, https://www.philstar.com/nation/2025/03/19/2429397/acg-nabs-126-cybercrimes
Tupas, Emmanuel. “Cybercrime cases continue to rise, up 21.84 percent in Q1.” The Philippine Star, April 10, 2024, https://www.philstar.com/headlines/2024/04/10/2346516/cybercrime-cases-continue-rise-2184-percent-q1
Argosino, Faith. “Cybercrimes up by 21% in 1st quarter, says PNP.” Inquirer.net, July 01, 2024, https://newsinfo.inquirer.net/1956595/cybercrimes-up-by-21in-1st-quarter-says-pnp
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