Category Archives: Fairness
Today, I am going to talk about three overarching principles: responsibility, freedom, and responsible freedom.
Let us begin with the first principle. Responsibility is defined by Oxford Dictionaries as the opportunity or ability to act independently and take decisions without authorization. To put that simply, this definition can be divided into two root-words: response and ability.
Making a coherent simple definition of the word, responsibility NOW will mean OUR ABILITY TO RESPOND. Responsibility lies in our ability and capacity to act. Responsibility is to do something without being told but simply because we can and because we are ABLE.
When confronted with confusion whether to ACT or NOT, we ask ourselves, “AM I RESPONSIBLE?” So whenever we ask ourselves this question of responsibility, let us remember the root words: RESPONSE+ABLE.
If until now you are asking, “Am I responsible for my parents?” or “Am I responsible for the poor in my community?” or “Am I responsible for my classmate with a failing grade?” My simple answer to that is: are you response-able? If you are, then you must be held responsible for them.
Now let’s take my second point. You might be familiar with this: “The cry of Balintawak. And the echoes answered back – Freedom!”
From the earliest conception of the term, freedom has been a debatable topic. Nations cry for freedom from the tyranny of the oppressors. The people of the Philippines, for example, cried for freedom against its many colonizers in the past. And we won.
But freedom is not only winning our national liberty. There is more to freedom than the absence of foreign domination and enslavement. Freedom is also personal.
Freedom is the power or right to act, speak, or think as one wants (Oxford Dictionaries Online). So to say, when one is not hindered to do as he wants, he is free.
When free folks want to go shopping, swimming, or hiking, they can do so. When someone wants to go to the church or any place of worship, he is free to go and exercise his religion. If someone wants to remain silent, he is free to do so – that is his right; such is his freedom. Moreover, when people want to express their opinions, they can gather together and let their voices be heard.
Following this line of thinking, one can even spread gossip and false information about his enemies. One can slap the person next to her if she gets irritated. Or steal someone’s belongings whenever he feels like doing it. Such is freedom, isn’t it? But oops! That seems to be erroneous and it brings me to my next point – the relativity and partiality of freedom.
Freedom is not absolute. As Herbert Spencer said, “every man has the freedom to do all that he wills, provided he infringes not the equal freedom of any other man.” This is tantamount to saying that the limitation of our freedom is the equal freedom of our fellowmen. In a simple adage, it means that “our freedom ends when someone else’s freedom begins.”
This brings us to the realization that whenever we exercise our freedom, we always have to consider its implications to others. This relates to our responsibility as caretakers of our brethren.
Putting this into context, one is free to cheat in an examination, but is that responsible? All are free to defame others, but is that responsible? One is free to steal, to hastily judge, to kill, and to commit adultery – but none of those is responsible.
It is right, therefore, to conclude that responsible freedom is directed towards our welfare and the well-being of our fellow men. We are free to do anything good, and just, and beautiful for ourselves and for others.
Exercise your freedom by doing what is good and just. Do something good and beautiful not because you were forced to do so, but because you have the ability to do so. Help, not because it is your obligation but because you are free and able to reach out.
Respond because you are able. Respond because you are free!
My wish for you today is to become responsible for the freedom you all have. Thank you and good day!
When I was preparing for my final demonstration teaching in college, I remembered a literary piece told to us by our teacher. It was letter of a father to his daughter who is planning to get married.
I decided to look for it over the internet but in vain. So I grabbed the book from our library and made the copy available online for future students’ benefit. I hope this copy gives you more convenience and a lot of comfort – so that my manual re-typing of the text from the book would be worth it.
The relationship the father and daughter was evident in the text as well as the father’s unprejudiced response. So here it is, “Letter to a Daughter” written by Arthur Gordon.
Letter To A Daughter
By Arthur Gordon
Your letter arrived this morning, and I wasn’t too surprised by it. Ever since you went back to boarding school I’ve had the feeling that you might tell your mother and me that you and Bob want to be married this summer, after graduation. And now you’ve said it.
You ask how I feel about it. Well, not as instantly and automatically negative as you probably expect. I’m pleased that you want my approval, or at least my opinion. Let’s take a long cool look at the pluses and minuses of teen-age marriages.
The biggest plus is that marriage is the best solution to that most ancient and urgent of problems: sex. Nobody should underestimate this, because sex without fear or guilt is about 10,000 times better than sex that is hung up on broken taboos and lacerated consciences. In our society marriage tends to be postponed, for economic or educational reasons, far beyond the time when it makes good biological sense.
A second great advantage in young marriages is flexibility. Your personalities are lithe. You and Bob can adapt to each other, to new environments, new problems. Your ideas aren’t fixed, your attitudes aren’t rigid. Also, you have optimism that assumes things are going to work out, or that even if they don’t, errors can be corrected, losses regained. This kind of exuberance often disappears as people grow up.
Another cheerful fact is that when you marry young, you are more likely to develop similar tastes – in friends, in entertainment, in political candidates. These similarities are the ball bearings in the mechanism of any marriage: the more of them, the better. As one grows older and more fixed in his ways, it is harder to find people whose tastes are similar. Another plus is that being young, you have tremendous physical energy, great vitality and good health.
Finally, you have a superabundance of romantic love. Cynics are always pointing out that isn’t enough, in the long run, to make a marriage go. Maybe they are right. But certainly nothing on earth is so exciting and mysterious and rewarding as this first almost unbearable sweet desire to escape from the prison of self and become part of another person. Whether the glow lasts or not, having it is something to be proud of and grateful for always.
When young lovers look up at the full moon in the night sky they don’t stop to think that it has a dark side. But it has. The presiding judge of a domestic-relations court in California listed five factors most likely to bring such marriages crashing down: 1. Money troubles; 2. immaturity; 3. cultural gap; 4. interfering in-laws; 5. pre-marital pregnancy.
Money troubles, the judge said, are the most frequent single cause of teen-age marriage failure. Often, teen-age husbands are jobless; those who work earn so little; this leaves no margin for error; no money for fun, for illness, or for a baby. Usually it means living with in-laws. It all adds up to trouble. Even if Bob gets a subsidy from his parents, it will mean that he is not really the head of the household – he will still be dependent. He might try borrowing from his Dad but debt is not a good springboard for marriage.
The second great hazard according to this judge is immaturity. This means self-centeredness, inability to compromise or see other points of view, or to rise above hurt feelings or postpone immediate pleasures in favor of future benefits, or to do unpleasant chores when they need to be done instead of putting them off. Trying to be mature is of course a lifetime job. “Love” someone said, “is the accurate estimate and fulfillment of another’s needs.”
The judge mentioned the “cultural gap” in our socially stratified society as another hazard. This means differences in food, in speech, in pastimes, in grooming, in dress, in the kind of people you are comfortable with. When teens with such different cultural backgrounds marry, he said, it is usually because the biological attraction is so strong that it blots all other considerations. He advises young people to try a 48-hour experiment: spend 24 hours in each other’s homes with no love-making at all. If boy and girl remain pleased with each other’s family and way of life, and if without any physical contact they are not bored with each other, then, there is hope for the future.
The fourth deadly factor is interfering in-laws. Where young marriages are concerned, the judge said, in-laws too, often become outlaws. They criticize, they meddle, they make demands. However, I don’t think your parents are much like that, or Bob’s parents either.
All this discussion brings me to a question that you will not like, but that needs to be asked: Why don’t you wait a while? Neither of you has had much exposure, romantically speaking, to other people. Neither of you has been in love before. Neither of you knows what the great big supermarket of the world has to offer because, to put it bluntly, you haven’t shopped around. A year from now, one of you might have a change of heart. In that interval, somebody else might come along who would make an even better life partner. Such waiting period would be a pretty solid test of the durability of your affection. Maybe you don’t owe any such test to your parents, but you owe it to each other.
Whether you take this advice or reject it, you may be sure of one thing: nothing is going to change the way I feel about you. People say that the generation gap is unbridgeable but I don’t believe it. Do you really think that parents forget how lonely and vulnerable being a teenager can be, how desperately you need someone to lean on sometimes?
I remember the stormy night you were born, almost 18 years ago. I was waiting by myself in the hospital room assigned to your mother. The hospital was very quiet. Then I heard a baby’s cry – the delivery room was far down the corridor, through two or three sets of doors. I should not have been able to hear anything at all. But I did hear that one sharp, poignant, far-off sound. Something in me knew it was you. Later I found out from the doctor that it was you.
I have always liked to think that no matter what happened or how many doors came between us, we would always be able to hear from each other.
S. No. 2796
H. No. 5808
Republic of the Philippines
Congress of the Philippines
Second Regular Session
Begun and held in Metro Manila, on Monday the Twenty-fifth day of July two thousand eleven.
[ Republic Act No. 10175 ]
AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. Title. — This Act shall be known as the “Cybercrime Prevention Act of 2012″.
SEC. 2. Declaration of Policy. — The State recognizes the vital role of information and communications industries such as content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, 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.
SEC. 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined as follows:
(a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network.
(b) Alteration refers to the modification or change, in form or substance, of an existing computer data or program.
(c) Communication refers to the transmission of information through ICT media, including voice, video and other forms of data.
(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such devices, capable of performing logical, arithmetic, routing, or storage functions and which includes any storage facility or equipment or communications facility or equipment directly related to or operating in conjunction with such device. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the internet.
(e) Computer data refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable to cause a computer system to perform a function and includes electronic documents and/or electronic data messages whether stored in local computer systems or online.
(f) Computer program refers to a set of instructions executed by the computer to achieve intended results.
(g) Computer system refers to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automated processing of data. It covers any type of device with data processing capabilities including, but not limited to, computers and mobile phones. The device consisting of hardware and software may include input, output and storage components which may stand alone or be connected in a network or other similar devices. It also includes computer data storage devices or media.
(h) Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law.
(i) Cyber refers to a computer or a computer network, the electronic medium in which online communication takes place.
(j) Critical infrastructure refers to the computer systems, and/or networks, whether physical or virtual, and/or the computer programs, computer data and/or traffic data so vital to this country that the incapacity or destruction of or interference with such system and assets would have a debilitating impact on security, national or economic security, national public health and safety, or any combination of those matters.
(k) Cybersecurity refers to the collection of tools, policies, risk management approaches, actions, training, best practices, assurance and technologies that can be used to protect the cyber environment and organization and user’s assets.
(l) Database refers to a representation of information, knowledge, facts, concepts, or instructions which are being prepared, processed or stored or have been prepared, processed or stored in a formalized manner and which are intended for use in a computer system.
(m) Interception refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content of data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring.
(n) Service provider refers to:
(1) Any public or private entity that provides to users of its service the ability to communicate by means of a computer system; and
(2) Any other entity that processes or stores computer data on behalf of such communication service or users of such service.
(o) Subscriber’s information refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which identity can be established:
(1) The type of communication service used, the technical provisions taken thereto and the period of service;
(2) The subscriber’s identity, postal or geographic address, telephone and other access numbers, any assigned network address, billing and payment information, available on the basis of the service agreement or arrangement; and
(3) Any other available information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.
(p) Traffic data or non-content data refers to any computer data other than the content of the communication including, but not limited to, the communication’s origin, destination, route, time, date, size, duration, or type of underlying service.
SEC. 4. Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer data and systems:
(1) Illegal Access. – The access to the whole or any part of a computer system without right.
(2) Illegal Interception. – The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.
(3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses.
(4) System Interference. — The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:
(aa) A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or
(bb) A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of the offenses under this section.
(6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration:
(ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and
(iii) Acquired without right or with intellectual property interests in it.
(b) Computer-related Offenses:
(1) Computer-related Forgery. —
(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or
(ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.
(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if no
damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.
(2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775.
(3) Unsolicited Commercial Communications. — The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless:
(i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or
(iii) The following conditions are present:
(aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject. receipt of further commercial electronic messages (opt-out) from the same source;
(bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and
(cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.
(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.
SEC. 5. Other Offenses. — The following acts shall also constitute an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.
SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.
SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.
SEC. 8. Penalties. — Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both.
Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both.
If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to maximum amount commensurate to the damage incurred or both, shall be imposed.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos (PhPl,000,000.00) or both.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of this Act shall be punished with the penalties as enumerated in Republic Act No. 9775 or the “Anti-Child Pornography Act of 2009″: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775, if committed through a computer system.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both.
Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (PhPl00,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00) or both.
SEC. 9. Corporate Liability. — When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within, based on: (a) a power of representation of the juridical person provided the act committed falls within the scope of such authority; (b) an authority to take decisions on behalf of the juridical person: Provided, That the act committed 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 (PhP5,000,000.00).
The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.
ENFORCEMENT AND IMPLEMENTATION
SEC. 10. Law Enforcement Authorities. — The National 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.
SEC. 11. Duties of Law Enforcement Authorities. — To ensure that the technical nature of cybercrime and its prevention is given focus and considering the procedures involved for international cooperation, law enforcement authorities specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-operation, post-operation and investigation results and such other documents as may be required to the Department of Justice (DOJ) for review and monitoring.
SEC. 12. Real-Time Collection of Traffic Data. — Law enforcement authorities, with due cause, shall be authorized 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.
Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service, but not content, nor identities.
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.
The court warrant required under this section shall only be issued or granted upon written application and 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 enumerated hereinabove has been committed, or is being committed, or is about to be committed: (2) that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and (3) that there are no other means readily available for obtaining such evidence.
SEC. 13. Preservation of Computer Data. — The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall 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 enforcement authorities may order a one-time extension for another six (6) months: Provided, That once computer data preserved, transmitted or stored by a service provider is used as evidence in a case, the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the termination of the case.
The service provider ordered to preserve computer data shall keep confidential the order and its compliance.
SEC. 14. Disclosure of Computer Data. — Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic data or relevant data in his/its possession or control within seventy-two (72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation.
SEC. 15. Search, Seizure and Examination of Computer Data. — Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties.
Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:
(a) To secure a computer system or a computer data storage medium;
(b) To make and retain a copy of those computer data secured;
(c) To maintain the integrity of the relevant stored computer data;
(d) To conduct forensic analysis or examination of the computer data storage medium; and
(e) To render inaccessible or remove those computer data in the accessed computer or computer and communications network.
Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information, to enable the undertaking of the search, seizure and examination.
Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court.
SEC. 16. Custody of Computer Data. — All computer data, including content and traffic data, examined under a proper warrant shall, within forty-eight (48) hours after the expiration of the period fixed therein, be deposited with the court in a sealed package, and shall be accompanied by an affidavit of the law enforcement authority executing it stating the dates and times covered by the examination, and the law enforcement authority who may access the deposit, among other relevant data. The law enforcement authority shall also certify that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the package deposited with the court. The package so deposited shall not be opened, or the recordings replayed, or used in evidence, or then contents revealed, except upon order of the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded.
SEC. 17. Destruction of Computer Data. — Upon expiration of the periods as provided in Sections 13 and 15, service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of a preservation and examination.
SEC. 18. Exclusionary Rule. — Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court or tribunal.
SEC. 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data.
SEC. 20. Noncompliance. — Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of Presidential Decree No. 1829 with imprisonment of prision correctional in its maximum period or a fine of One hundred thousand pesos (Php100,000.00) or both, for each and every noncompliance with an order issued by law enforcement authorities.
SEC. 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act. including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.
There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.
Sec. 22. General Principles Relating to International Cooperation — All relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal, offense shall be given full force and effect.
SEC 23. Department of Justice (DOJ). — There is hereby created an Office of Cybercrime within the DOJ designated as the central authority in all matters related to international mutual assistance and extradition.
SEC. 24. Cybercrime Investigation and Coordinating Center. — There is hereby created, within thirty (30) days from the effectivity of this Act, an inter-agency body to be known as the Cybercrime Investigation and Coordinating Center (CICC), under the administrative supervision of the Office of the President, for policy coordination among concerned agencies and for the formulation and enforcement of the national cybersecurity plan.
SEC. 25. Composition. — The CICC shall be headed by the Executive Director of the Information and Communications Technology Office under the Department of Science and Technology (ICTO-DOST) as Chairperson with the Director of the NBI as Vice Chairperson; the Chief of the PNP; Head of the DOJ Office of Cybercrime; and one (1) representative from the private sector and academe, as members. The CICC shall be manned by a secretariat of selected existing personnel and representatives from the different participating agencies.
SEC. 26. Powers and Functions. — The CICC shall have the following powers and functions:
(a) To formulate a national cybersecurity plan and extend immediate assistance for the suppression of real-time commission of cybercrime offenses through a computer emergency response team (CERT);
(b) To coordinate the preparation of appropriate and effective measures to prevent and suppress cybercrime activities as provided for in this Act;
(c) To monitor cybercrime cases being bandied by participating law enforcement and prosecution agencies;
(d) To facilitate international cooperation on intelligence, investigations, training and capacity building related to cybercrime prevention, suppression and prosecution;
(e) To coordinate the support and participation of the business sector, local government units and nongovernment organizations in cybercrime prevention programs and other
(f) To recommend the enactment of appropriate laws, issuances, measures and policies;
(g) To call upon any government agency to render assistance in the accomplishment of the CICC’s mandated tasks and functions; and
(h) To perform all other matters related to cybercrime prevention and suppression, including capacity building and such other functions and duties as may be necessary for the proper implementation of this Act.
SEC. 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000_00) shall be appropriated annually for the implementation of this Act.
SEC. 28. Implementing Rules and Regulations. — The ICTO-DOST, the DOJ and the Department of the Interior and Local Government (DILG) shall jointly formulate the necessary rules and regulations within ninety (90) days from approval of this Act, for its effective implementation.
SEC. 29. Separability Clause — If any provision of this Act is held invalid, the other provisions not affected shall remain in full force and effect.
SEC. 30. Repealing Clause. — All laws, decrees or rules inconsistent with this Act are hereby repealed or modified accordingly. Section 33(a) of Republic Act No. 8792 or the “Electronic Commerce Act” is hereby modified accordingly.
SEC. 31. Effectivity. — This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.
(Sgd.) FELICIANO BELMONTE JR.
(Sgd.) JUAN PONCE ENRILE
This Act which is a consolidation of Senate Bill No. 2796 and House Bill No. 5808 was finally passed by the Senate and the House of Representatives on June 5, 2012 and June 4, 2012, respectively.
(Sgd.) MARILYN B BARUA-YAP
(Sgd.) EMMA LIRIO-REYES
Approved: SEP 12 2012
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines
What’s on my mind?
— beauty and vanity are two different things but we always tend to interchange them! but i repeat, they are different, really..
— honesty and sincerity are expensive gifts.. so don’t expect it to cheap people. mind you, they can’t afford it..
— pag na-Indian ka ng kausap mo, manlibre ka ng iba!
— revenge is sweeter when the wound is deeper!
— too much expectations brings greater disappointment. so expect less and when disappointment strikes, it is lesser!
YES! These are all my thoughts this whole day!
YES! I am SARCASTIC and MINIMALIST but don’t call me PESSIMIST!
What does the term Tradition really mean? Is it opposed to the Bible? The sola scriptura principle of the Protestant Reformation assumed it was — here we examine this assumption in the light of a few key scriptures.
One of the great battle cries of the Protestant Reformation was “sola scriptura!” Many thought that the Catholic Church had cluttered up the simple Christian faith by adding all sorts of practices, customs and doctrines over the centuries. They thought the Church in their day was guilty of exactly the same Pharisaical obsession with traditions condemned by Jesus in this Sunday’s gospel (Mark 7:1-23). The solution, it seemed, was simple. Let’s purify the Church by ditching all these traditions and keeping the Bible alone.
But if we read this portion of the Bible closely, the Lord is not telling us that tradition is a dirty word. His apostle Paul, in fact, tells us in 2 Thessalonians 2:15 to “hold fast to the traditions you received from us, either by our word or by letter.”
“Tradition” simply means something that is handed or passed on from one person to another, one generation to another. One question to ask when examining any particular “tradition” is where it came from. Its value depends on its origin. Did it come from Jesus? His apostles? Some pious believers who lived centuries later? The traditions Paul passed down were divine (from the Lord) and apostolic traditions, like the meaning and importance of the Eucharist (1 Corinthians 11:23-34) or the death and resurrection of the Lord Jesus (I Cor 15:3-11) and so were of the utmost importance.
The traditions of the Pharisees were quite a different matter. They were not of themselves evil. But they were pious customs of human origin passed down to support the living out of the law.Unfortunately, the Pharisees were incapable of distinguishing divine law from its human support system. Worse than that, they actually used pious customs as loopholes to help them get around the difficult demands of the Torah.
If you get your Bible out and read the full text of Mark chapter 7, you’ll get a clearer picture of this.Everyone knows that when God gave Moses and the Israelites the 10 commandments, he meant business. The fourth commandment, “honor your father and mother,” means not just that young kids ought to do what their parents tell them, but that adult children should provide for the financial needs of aging parents, assuring they live out their declining years in honor and dignity. But the Pharisees found a religious custom that absolved them from this weighty responsibility. They “dedicated” their money to God and thereby “sheltered” it, making it unavailable for parental support.
It’s not the tradition that’s the problem here, but the deviousness of the human heart that will use piety as an excuse to evade the obligations of true religion, which include, our second reading tells us, looking after orphans and widows and presumably elderly relatives in their distress (James 1:27).
And this is exactly Jesus’ point in this Sunday’s gospel. The kinds of foods we eat don’t make us spiritually impure. No, it is the foul things that come out of the deep recesses of the human heart, wounded by original sin, that separate us from God and each other and lead to all the misery in this world.
The Pharisees thought they’d purify Israel through dietary laws and religious customs.Protestant Reformers of the 16th century thought they could purify the church by leaving behind ecclesiastical traditions and customs. History has proven both endeavors to be futile.
The answer is simple. Let’s just commit ourselves to radical obedience to God’s Word. Let’s admit our need, our sinfulness, our tendency to make excuses, and humbly, genuinely lay open our lives and hearts before God’s word and listen. As Moses tells us in Deuteronomy (4:1-8) and James tells us in his letter, let’s do more than listen. Let’s really hear and obey. Let’s give ourselves no wiggle room, but act on God’s word, regardless of how much it may cost us.
♣ Same Sex Marriage in the World
“I think same-sex couples should be able to get married,” U.S. President Barrack Obama tells Robin Roberts in an ABC News Exclusive Interview in May 9. The President expressed his support for same-sex marriage as he said he believes it’s important to “treat others the way you would want to be treated.”
Apparently, Obama’s view on marriage has changed throughout his political career. It is notable that he supported same-sex marriage before becoming president, but then changed that view when he ran for national office in 2006. He has always supported civil unions and opposed the recognition of some same-sex couple’s benefits. His view on the idea of marriage has evolved since taking office and he has now confirmed that he supports gay marriage.
♣ Same Sex Marriage in the Philippines
This issue in the U.S. made the legalization of same-sex marriage in the Philippines a hot topic of debates in the island. To put more wood on the fire, same sex unions have been officiated by the group Metropolitan Community Church (MCC) in Baguio City since last year. As the same sex marriages were publicized, MCC’s Myke Sotero said more same sex couples have applied to be wed by the group.
In BPSU, I noticed that there are students who live up the saying “birds of the same feather flock together”. They are students who are involved in same sex relationship.
I took the courage and was given a chance to interview two of these couples – I called them couples for they live deliberately on the same house and the only thing that’s missing in them is marriage which is currently not allowed in the Philippines. Justin and Carl, not their real names have been living together for three years now.
I asked Justin how they manage to live at home and in the community they belong to, especially in BPSU. He said that their family accepts who they are including their same sex partners, and with that he is very thankful. Carl, Justin’s partner, added that when it comes to school, there are also others who are in relationships like them so they are not timid about it.
When asked what their view on same sex marriage is, they said that if only same sex marriage is legal in the Philippines, they would have been married already. This is the same answer I got from Mark and Alvin, their pseudo names, when I asked if they are in favor of same sex marriage. They further explained that if the community is able to accept their relationship, what more if it becomes legalized.
But despite of these clamor for its legalization, the Philippines seem to have closed its doors for same sex marriage. In an article from the Philippine Star last May 11 this year, Edwin Lacierda, a spokesman of President Benigno Aquino III said that “same sex marriage in the Philippines is legally impossible.” He added that “our laws are very clear on the definition of marriage as a union between a man and a woman.”
♣ Same Sex Marriage in the Moral and Legal Standards
Lacierda said that the Philippines and the U.S. have a different “cultural milieu” when it comes to the topic. Apparently, Philippine law makers still uphold and consider the natural law as the source and standard of the laws they pass.
Before passing a law, legislators weigh the gravity its effect to the morale of the people. Here’s the rub. You may have already heard of the familiar saying “not all that is legal is moral, but what is moral is worth legalizing.” Simply stated, you can make something legal, but you can’t make it right. There is a difference between being legal and being moral. There were lots of things in the past that were legal but immoral. Apartheid was legal in South Africa, but it wasn’t moral. Among others, it was a violation of transcendent human rights and ought to have been abolished.
What is legal isn’t always moral. There is a legal right but it may be in violation of a transcendent right, and this is why we take exception. Same sex marriage may be legalized but it remains immoral as it is now.
The Archbishop of Glasgow, Mario Conti, warned politicians not to ignore “the wisdom that is handed down generation to generation in communities of faith” in seeking to give people equal rights.
Politicians seem ready to redefine marriage without any reference to children, or to the natural law written on the heart of mankind, putting the claim of ‘equality and diversity’ on a higher level than faith and reason, and ultimately asserting the moral equivalence between marriage and same-sex unions.
The more that those in government and the judiciary slip society’s moorings from the capstans of virtue, the more our society will descend further into ethical confusion and moral disintegration. Until now, the destiny of this curious case of same sex marriage in our country lies in the hands of its lawmakers, legislators, and politicians.
“The Crucible” [도가니], is a South Korean Movie (originally a Novel written Gong Ji-Young) based on a true story of deaf students at Gwangju Inhwa School who were sexually abused by the Head Masters and a teacher in the early 2000.
The children lost the case. However, the film has sparked public outcry over lenient court rulings, prompting police to reopen the case and lawmakers to introduce bills for the human rights of the vulnerable.
After watching the film, I was able to come up with this aphorism:
Some says that we should change the world. Still others, says that we should not change the world but our attitudes. But I say, “we should neither change the world nor our attitudes. we should just not let the world change us!”
I pray that all those who have the chance to watch it will be moved; that the people who were wronged be justified; and the people who were involved in this crime against the helpless and hopeless children be punished accordingly.
Below are some links to the film and to the original case.
Official trailer: http://www.youtube.com/watch?v=k3BUIreDAeY&feature=player_embedded
Just finished watching the final episode of Dong Yi [동이]..
What i learned about the life of the Royal Noble Consort Suk of the Choi clan [숙빈최씨] is that:
“a man will be bright/radiant, and successful when he has great intentions and great heart.”
We have heard and seen “women clamoring for equality to men.” Most women, if not all, would strongly agree and support this advocacy. Who will ever oppose that women can now do what men can do? Just the mere notion of it is indeed laudable. Equality is indeed good and visible.
However, in a seminar on Human Rights and Sexual harassment held in our school, Bataan Peninsula State University, Mrs. Magdalena A. Abella, Director of BPSU Center of Human Rights Education (CHRE) said and I quote, “Ang mga babaeng nanghihingi ng equality sa mga lalaki, TANGA!” (Women who asks for equality with men are stupid.) Her audience were obviously flabbergasted as she said this.
In our bewilderment, we asked her of her reason for making such statement. Mrs. Abella said, “why do I have to ask for equality wherein she is far more superior than men?”
Inspired by this thought, I strongly agree that women are in a sense far more superior than men because of several reasons. One of those reasons for example is that, when a woman/lady/girl rides a bus and there is no more seat available for her, men will offer their seats to the woman/lady/girl.
However, these times, when there is no more seats for you, some men would not even care to give you their seats. Why? Because you are now equal. So why would they bother to have you seated when you yourself have clamored for that equality!?
Another example is on courtship. In previous years, men buy flowers, chocolates, etc. to win a lady’s heart. But since these women ask for equality, let them be. Let them be the one to court us men! Isn’t it equality? We are now allowing women to court us. They can now do courting that is solely an effort made by men before. It’s fair enough and equal, isn’t it?
By writing this, I do not wish to intimidate women whosoever. For I am pretty surrounded by women precious in my heart. All four of my sisters and my mother were of course, obviously, women. Most of my friends are girls too. I love women and I respect them.
In light of this article, I like everybody to realize that men and women are like salt and pepper. They were created as complements and not as competitors. We may have differences in our ideals and aspirations, but let us just leave them the way they are.
Beloved women, men care for you and we love you. You don’t have to clamor for equality for we esteem you with high regard. You are our mothers, sisters, and friends, and we even regard you as more than our equals. By the thought itself of being a woman should bear in you a great pride.
I hope and pray that one day, I will no longer hear the clamor of women asking for equality with men. Rather, I want to hear women saying, “I am a woman. I am important, and I am loved. I do not ask or beg for equality with men. For in some instance, I have even been far more superior than men; and that from the beginning, I have been their equal and complement.”
Often, we look for outside beauty. We fail to realize that beauty is not an artificial physique but the goodness of the heart. We should always remember that what is essential is invisible to the eye. The eye is blind for what is really important and beautiful. Let us not be discriminatory and judgmental of people’s appearances. Let us see and perceive beauty from within.
My High School English Teacher told us a story that I will never forget. I cried when I first heard it and I still cry up to now when I hear or read it.. At the time, I wasn’t interested to have a copy. But once in time, the story flashed back to my mind and I suddenly felt the urge to have a copy for myself. I tried hard to find a printed copy, so I went to ask my teacher to lend me hers. But my teacher said her copy was misplaced. I looked for the story in the internet but in vain. But at last, my long search came to an end. I happen to fall on a website (http://clairepalunday.multiply.com) where the article has also been posted.
Wang Yang (Central Daily News July 10/11,1973)
Published in Reader’s Digest April 1976
My right eye had been inflamed and swollen for more than three years. When I checked into Taiwan’s Tri-Service General Hospital in Taipei, I could hardly see out of it, and my left eye was severely hyperopic. Doctors discovered that I was suffering from keratitis (inflammation of the cornea).
“You could have picked it up from towels or from swimming pools,” I was told.
“If this isn’t enough, we’ll try to get more,” she said, adding, “You’re not like me. An illiterate person is blind though he can see. A man who can read needs both eyes.”
I put myself on Dr. Chou’s waiting list. A month later, he phoned me. “A driver was involved in a bad car accident,” he said. “Before he died, he told his wife to sell parts of his body to help support their children. Could you spare $250?”
The operation and hospital expenses would come to a further $200. I agreed, and was told to check into hospital the following day. I was extremely lucky. People waited for years before a cornea becomes available, and I told my wife how grateful I was to her for making the operation possible.
As I was being wheeled out of the operating room, my daughter Yung put her lips close to my ear and said, “Everything went well. Mother wanted to come, but she was afraid.”
I had never set eyes on the girl who was to be my wife until the day she was carried to our house in a bridal sedan chair. After bowing to heaven and earth, she was led to my bedroom. When at last I lifted the red brocade of her bridal headdress, I gasped with horror. Her face was cruelly covered with pockmarks, her nose was a deformity, and beneath sparse eyebrows, her scarred eyelids made her eyes swollen. She was 19, and looked 40.
I fled to my mother’s room and cried all night. My mother told me that I must accept my fate. “Homely girls bring good luck; pretty ones court sorrows.” But nothing she said reduced my anguish. I would not share a room with my wife, and I did not speak to her. I lodged at school. When summer vacation came, I refused to come home until my father sent a cousin to fetch me.
My wife was cooking supper when I arrived, and raised her head in a smile when she saw me. I walked right past her. After supper, my mother said to me privately, “Son you are being very cruel. Her face is unattractive, but she does not have an ugly heart.”
“No, it must be beautiful,” I stormed. “Otherwise how could you have made me marry her?”
In the 30 years of marriage that followed, I seldom smiled at my wife and never went out in her company. Indeed, I often wished her dead.
And yet, my wife proved to be endowed with more patience and love than anyone I know. When we first came to Taiwan, I held a low rank in the army, and my income was barely enough to pay for rent and food. The baby was often ill, and we had to cope with medical expenses as well. When my wife was not looking for after the household, she wove straw hats and mats to earn a little money. When we moved to a fishing harbor in the east, she darned fishing nets and when we moved north, she learned to paint designs on pottery. We never lived in army quarters because the truth was we both feared her meeting people I knew. I was often away from home, but I knew that needn’t worry about our two children or the household, with her looking after everything.
After the operation, my daughter Yung brought me a transistor radio to occupy the long hours while the bandages remained on my eyes. But I had plenty of time to think, and my thoughts kept returning to my wife. I was somewhat ashamed for telling her not to come to see me.
After two weeks, I learned that the stitches would soon be removed. I could not contain my happiness. “When I recover,” I told Yung, “I want to pay a visit to the grave of the man who gave me his cornea.”
“It’s a success. You can go home a week from today.”During that week, he tested my eye everyday. First I could see shadows, then the number of fingers on his hand. On the day I was going home, I could see the window, the bed, and even the teacups on the table.
“Mother’s making your favorite dishes to welcome you home,” Yung said when she came for me.
“Thank you for letting me see,” I said. It was the first time I remembered ever thanking her for anything.
“Tell him!” she cried. “Let father know you gave the cornea for his eye!” She shook her mother. “Tell him!”
“Golden Flower!” It was the first time I spoke her name.
“Why…why did you do it?” I demanded shaking her hard.
“Because…you are my husband,” she said, burying her head in my shoulder. I held her tight. Then I got down and knelt at her feet.