The Rule on Cybercrime Warrants, issued by the Supreme Court pursuant to the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), provides that all computer data subject of the appropriate warrant shall be simultaneously deposited in a sealed package with the same court that issued the warrant. The deposit of the sealed package shall be done upon filing of:
- The return for a Warrant to Disclose Computer Data (WDCD), or Warrant to Intercept Computer Data (WICD); or
- The final return for a Warrant to Search, Seize and Examine Computer Data (WSSECD), or Warrant to Examine Computer Data (WECD).
The sealed package shall be accompanied by a complete and verified inventory of all the other items seized in relation thereto, and by the affidavit of the duly authorized law enforcement officer containing:
- 1. The date and time of the disclosure, interception, search, seizure, and/or examination of the computer data, as the case may be. If the examiner or analyst has recorded his/her examination, the recording shall also be deposited with the court in a sealed package and stated in the affidavit;
- 2. The particulars of the subject computer data, including its hash value;
- 3. The manner by which the computer data was obtained;
- 4. Detailed identification of all items seized in relation to the subject computer data, including the computer device containing such data and/or other parts of the computer system seized, indicating the name, make, brand, serial numbers, or any other mode of identification, if available;
- 5. The names and positions of the law enforcement authorities who had access to the computer data from the time of its seizure until the termination of the examination but prior to depositing it with the court, and the names of officers who will be delivering the seized items to the court;
- 6. The name of the law enforcement officer who may be allowed access to the deposited data. When the said officer dies, resigns of severs tie with the office, his/her successor may, upon motion, be granted access to the deposit; and
- 7. A certification that no duplicates or copies of the whole or any part thereof have been made, or if made, all such duplicates or copies are included in the sealed package deposited, except for the copy retained by law enforcement authorities in WDCD.
The return on the warrant shall be filed and kept by the custodian of the log book on search warrants who shall enter therein the date of the return, the description of the sealed package deposited, the name of the affiant, and other actions of the judge.
ACCESS TO/USE OF COMPUTER DATA
The sealed package containing the computer data shall not be opened, or the recordings replayed, or its contents revealed, or, in any manner, used as evidence, except upon motion duly granted by the court. The motion for the purpose shall state:
- 1. The relevance of the computer data sought to be opened, replayed, revealed, or used as evidence; and
- 2. The names of the persons who will be allowed to have access thereto, if the motion is granted.
The motion shall further include proof of service of copies sent to the person or persons whose computer data is the subject of the motion. The said person or persons shall be given 10 days from receipt of notice thereof to file a comment, after which the court shall rule on the motion, unless it finds it necessary to conduct a clarificatory hearing for the purpose.
DUTY OF PROSECUTOR
Once a criminal action is instituted, it shall be the duty of the prosecutor, or his/her duly authorized representatives, to move for the immediate transmittal of the records as well as the transfer of the intercepted, disclosed, searched, seized and/or examined computer data and items, including the complete and verified inventory thereof, to the court that subsequently acquired jurisdiction over the criminal action. The motion for the purpose shall be filed before the court that issued the warrant and has custody of the computer data within 10 days from the time the criminal action is instituted and shall be acted upon by the court within a period of 5 days.
- Extension of Filing Periods and Suspension of Hearings for March 29 to April 4, 2021: SC Administrative Circular No. 14-2021 (Full Text) - March 28, 2021
- ECQ Bubble for NCR, Bulacan, Cavite, Laguna and Rizal: Resolution No. 106-A (Full Text) - March 27, 2021
- Guidelines on the Administration of COVID-19 Vaccines in the Workplaces (Labor Advisory No. 3) - March 12, 2021