{"id":6254,"date":"2020-05-11T16:08:45","date_gmt":"2020-05-11T08:08:45","guid":{"rendered":"https:\/\/pnl-law.com\/blog\/?p=6254"},"modified":"2020-06-05T18:29:13","modified_gmt":"2020-06-05T10:29:13","slug":"cybercrimes-venue-on-criminal-actions-and-application-for-warrants","status":"publish","type":"post","link":"https:\/\/pnl-law.com\/blog\/cybercrimes-venue-on-criminal-actions-and-application-for-warrants\/","title":{"rendered":"Cybercrimes: Venue on Criminal Actions and Application for Warrants"},"content":{"rendered":"\n

The Rule on Cybercrime Warrants<\/a> <\/em>provides the procedure for the application and grant of warrants and related orders involving the preservation, disclosure, interception, search, seizure, and\/or examination, as well as the custody, and destruction of computer data, as provided under the Cybercrime Prevention Act of 2012<\/a> (Republic Act No. 10175). <\/p>\n\n\n\n\n\n\n\n

\"Venue<\/figure><\/div>\n\n\n\n
Related Summaries\/Discussions<\/strong>:
* Warrant to Intercept Computer Data (WICD)<\/a>
* Warrant to Examine Computer Data (WECD)<\/a>
* Warrant to Disclose Computer Data (WDCD)<\/a>
* Warrant to Search, Seize and Examine Computer Data (WSSECD)<\/a><\/td>
* Preservation of Computer Data<\/a>
* Custody of computer data<\/a>
* Destruction of computer data<\/a>
* Cybercrimes in the Philippines<\/a><\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

The Rule on Cybercrime Warrants<\/a><\/em> makes a distinction between cybercrime offenses defined and penalized under the Cybercrime Prevention Act of 2012<\/a>, and offenses defined in other laws but committed by, through and with the use of information and communications technology<\/a> (ICT).<\/p>\n\n\n\n

I. VENUE FOR APPLICATION\/ISSUANCE OF WARRANTS<\/h2>\n\n\n\n

Before issuing a warrant, the judge must personally examine in the form of searching questions and answers, in writing and under oath, the applicant and the witnesses he may produce, on facts personally known to them and attach to the record their sworn statements, together with the judicial affidavits submitted. There are designated Cybercrime Courts<\/a> throughout the Philippines.<\/p>\n\n\n\n

A. Offenses under RA 10175<\/span><\/p>\n\n\n\n

An application for a warrant under this Rule concerning a violation of Section 4 (Cybercrime Offenses) and\/or Section 5 (Other Offenses) of RA 10175<\/a> shall be filed by the law enforcement authorities before any of the\u00a0designated cybercrime courts<\/a><\/em>\u00a0in the following jurisdictions:<\/p>\n\n\n\n

(i) Warrants enforceable nationwide and outside the Philippines:<\/p>\n\n\n\n