Republic Act No. 10175 (Cybercrime Prevention Act of 2012)

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1
What is the full title of Republic Act No. 10175?
Cybercrime Prevention Act of 2012.
2
What is illegal access under Section 4(a)(1) of RA 10175?
Accessing all or part of a computer system without right.
3
What is illegal interception under Section 4(a)(2)?
Intercepting without right nonpublic transmissions of computer data by technical means under the statutory conditions.
4
What is data interference under Section 4(a)(3)?
Intentionally or recklessly altering, damaging, deleting, or deteriorating computer data or electronic documents without right, including introducing or transmitting viruses.
5
What is system interference under Section 4(a)(4)?
Intentionally altering or recklessly hindering or interfering with a computer or network's functioning through prohibited manipulation of data or programs.
6
What is misuse of devices under Section 4(a)(5)?
Unlawfully producing, obtaining, selling, distributing, or possessing specified devices, programs, passwords, or access codes with the required criminal intent.
7
What is cybersquatting under Section 4(a)(6)?
Acquiring a domain name in bad faith to profit, mislead, destroy reputation, or deprive another of registration, under statutory conditions.
8
What is computer-related forgery under Section 4(b)(1)?
Unlawfully inputting, altering, or deleting computer data to produce inauthentic data intended to be treated as authentic.
9
What is computer-related fraud under Section 4(b)(2)?
Unlawfully manipulating computer data or systems with fraudulent intent and causing damage under the statutory elements.
10
What is computer-related identity theft under Section 4(b)(3)?
Intentionally acquiring, using, misusing, transferring, possessing, altering, or deleting another's identifying information without right.
11
What is cybersex under Section 4(c)(1)?
Willfully engaging in, maintaining, controlling, or operating a lascivious exhibition of sexual organs or activity through a computer system for favor or consideration.
12
What is cyberlibel under Section 4(c)(4)?
Libel as defined by the Revised Penal Code committed through a computer system or similar means covered by RA 10175.
13
What is the significance of Disini v. Secretary of Justice to RA 10175?
The Supreme Court upheld some cybercrime provisions and invalidated or limited others on constitutional grounds.
14
What is the significance of a warrant to search, seize, and examine computer data?
It provides judicial authorization for specified digital-evidence actions within lawful scope and conditions.
15
What is the full title of Republic Act No. 10173?
Data Privacy Act of 2012.
16
What government body administers and enforces the Data Privacy Act?
The National Privacy Commission (NPC).
17
What is personal information under RA 10173?
Information from which an individual's identity is apparent or can reasonably and directly be ascertained, or identified when combined with other information.
18
What is sensitive personal information under RA 10173?
Personal information in specially protected categories defined by the statute, including certain health, education, and government-issued records.
19
What are the three general principles of personal data processing?
Transparency, legitimate purpose, and proportionality.
20
What is a personal information controller?
A person or organization controlling the collection, holding, processing, or use of personal information, subject to statutory exclusions.
21
What is a personal information processor?
A person or organization processing personal data on behalf of a personal information controller.
22
Does the Data Privacy Act permit processing only when consent is obtained?
No. Processing may also be lawful under other grounds specified by RA 10173.
23
What is unauthorized processing under RA 10173?
Processing personal or sensitive personal information without consent or another lawful basis under the statute.
24
What is a personal data breach?
A security incident involving unauthorized access, disclosure, alteration, destruction, or loss of personal data under applicable privacy rules.
25
What is the full title of Republic Act No. 11053?
Anti-Hazing Act of 2018.
26
Which earlier statute did RA 11053 amend?
Republic Act No. 8049, the Anti-Hazing Act of 1995.
27
What is hazing under RA 11053?
An initiation practice causing physical or psychological suffering, harm, or injury as a requirement for admission or continued membership in an organization.
28
Does a recruit's consent legalize hazing prohibited by RA 11053?
No. Consent does not excuse prohibited hazing.
29
Are initiation practices involving prohibited psychological suffering covered by the Anti-Hazing Act?
Yes. The statute covers qualifying psychological as well as physical harm.
30
What is the general rule on hazing in fraternities, sororities, and other organizations?
Hazing is prohibited, subject to the law's definitions and expressly excluded activities.
31
Can organization officers incur liability for hazing under RA 11053?
Yes, when the specific statutory conditions for their liability are established.
32
What is the full title of Republic Act No. 9745?
Anti-Torture Act of 2009.
33
What is torture under RA 9745?
An intentional act inflicting severe physical or mental pain or suffering for a prohibited purpose by, at the instigation of, or with the consent or acquiescence of a person in authority or agent.
34
What is physical torture?
Intentional infliction of severe physical pain or suffering through acts covered by RA 9745.
35
What is mental or psychological torture?
Intentional infliction of severe mental or psychological pain or suffering through prohibited methods.
36
Does a state of war or public emergency justify torture?
No. Exceptional circumstances cannot justify torture under RA 9745.
37
Can an order from a superior justify torture?
No. An order from a superior officer or public authority cannot justify torture.
38
What is the rule on statements obtained through torture?
They are generally inadmissible against the tortured person, subject to the statutory exception for proceedings against a person accused of torture.
39
What is the duty of law enforcement officers regarding a person in custody?
To respect the person's rights and refrain from torture and other prohibited treatment.
40
What is the full title of Republic Act No. 11479?
Anti-Terrorism Act of 2020.
41
Which statute did RA 11479 repeal?
Republic Act No. 9372, the Human Security Act of 2007.
42
What is terrorism under Section 4 of RA 11479?
Commission of an enumerated serious act with a prohibited terrorist purpose under the statute.
43
Does mere advocacy, protest, or dissent automatically constitute terrorism under RA 11479?
No. Such conduct is excluded unless it falls within the statute's qualifying terrorism provisions.
44
What is the Anti-Terrorism Council (ATC)?
The government body assigned specified coordination, designation, and policy functions under RA 11479.
45
What is the role of the Court of Appeals in surveillance under RA 11479?
To issue the judicial authorization required for surveillance under the statute's conditions.
46
What is the general maximum initial detention period under Section 29 of RA 11479?
Fourteen calendar days, subject to the statute's requirements.
47
How long may qualifying detention under Section 29 be extended?
Up to ten additional calendar days when statutory conditions are satisfied.
48
Does RA 11479 permit detention without any legal safeguards?
No. Detention is subject to statutory requirements, rights, and oversight.
49
What is the distinction between terrorism and ordinary violent crime?
Terrorism requires the particular prohibited purpose and other elements defined by RA 11479.
50
What is the constitutional principle governing interpretation of special penal laws?
Criminal liability must rest on a valid law and proof of its elements, consistent with due process and constitutional protections.
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