Category Archives: Criminal Law

Criminal Cases Against LGUs Turning Away Cargoes, Blocking Roads

Leave a reply | Related posts at the end of article

There are reports that some Local Government Units (LGUs) have been intercepting cargoes, including those delivery food and medical products, and stopping them from entering or passing through their respective territories. Even when these trucks are allowed to pass through, it takes forever to reach their destination because of the endless number of checkpoints and the varying policies implemented in each checkpoint. Worse, there may be instances when roads are blocked and rendered impassable.  

Continue reading →

Arresting Patients who Lie about Material Travel History, or those who Refuse to Comply with the Quarantine

Leave a reply | Related posts at the end of article

There are reports that a doctor contracted the Coronavirus 2019 Disease (Covid-19) because a patient lied about her travel history. The doctor subsequently died because of Covid-19. Perhaps it can be argued that the good doctor should have taken the necessary precaution, like wearing personal protective equipment, but that’s not the issue (besides, that is disrespectful to frontliners who risk their life). The question is the legal liability of patients or persons who lie about their travel history, when such information is material during a public health crisis. 

Continue reading →

Valid Warrantless Searches in the Philippines

Leave a reply | Related posts at the end of article

People have the constitutional right “to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized” (Constitution, Article III, Section 2). There are, however, exceptions to the requirement of a search warrant. The following are instances of valid warrantless searches:

Continue reading →

Destruction of Computer Data under the Rule on Cybercrime Warrants

Leave a reply | Related posts at the end of article

Under the Rule on Cybercrime Warrants and the Cybercrime Prevention Act of 2012, service providers have the duty to preserve computer data within a general period of 6 months (see Preservation of Computer Data), upon notice by law enforcement agencies. On the other hand, law enforcement agencies have a requisite period to complete the examination of computer data. Upon the expiration of these periods, the service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of preservation and examination. 

Continue reading →

Preservation of Computer Data under the Rule on Cybercrime Warrants

Leave a reply | Related posts at the end of article

The integrity of traffic data and subscriber’s information shall be kept, retained, and preserved by a service provider for a minimum period of six (6) months from the date of the transaction. On the other hand, content data shall be preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation. These are provided in Section 13 of Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012.

Continue reading →

Disclosure of Computer Data, Warrant to Disclose Computer Data (WDCD), under the Rule on Cybercrime Warrants

Leave a reply | Related posts at the end of article

As previously noted in the Preservation of Computer Data, the obligation to preserve traffic data, subscriber’s information, and content data does not equate to an obligation to disclose the data. A warrant must be secured to authorize the disclosure of the computer data. This is called a Warrant to Disclose Computer Data (WDCD). This is provided under the Rule on Cybercrime Warrants issued by the Supreme Court pursuant to the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).

Continue reading →

Search, Seizure and Examination of Computer Data (WSSECD) in Cybercrime Warrants

Leave a reply | Related posts at the end of article

A Warrant to Search, Seize and Examine Computer Data (WSSECD) is an order in writing issued in the name of the People of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to search the particular place for items to be seized and/or examined. This is provided under the Rule on Cybercrime Warrants issued by the Supreme Court pursuant to the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).

Continue reading →