INTRODUCTION TO CYBERCRIME AND ENVIRONMENTAL LAWS.pdf

INTRODUCTION TO CYBERCRIME AND ENVIRONMENTAL LAWS LYEN CAREL T. GARCIA TOP 1 CLE JUNE 2022  CYBERCRIME Cybercrime is an activity done using computers and internet. We can say that it is an unlawful act wherein the computer either as a tool or target o...

INTRODUCTION TO CYBERCRIME AND ENVIRONMENTAL LAWS LYEN CAREL T. GARCIA TOP 1 CLE JUNE 2022  CYBERCRIME Cybercrime is an activity done using computers and internet. We can say that it is an unlawful act wherein the computer either as a tool or target or both. Cybercrime is any crime that takes place online or primarily online. That can run the gamut from the aforementioned identity theft and other security breaches to things like “revenge porn,” cyber-stalking, harassment, bullying and even child sexual exploitation. Terrorists are collaborating more on the Internet, moving that most terrifying of crimes into cyberspace.  The office if Cybercrime of the Philippine Department of Justice, defines cybercrime “as a crime committed with or through the use of information and communication technologies, such as radio, television, cellular phones, computer network: and other communication devices or application” According to PNP Revised Criminal Investigation Manual of 2011, Cybercrime as any illegal behavior committed by means of, or in relation to a computer system or network, including such crimes as illegal possession, offering or distributing information by means of a computer system of network.  According to McQuade (2009), the term “cybercrime” is sometimes used synonymously with “technological crime”, “high technology crime”, “high tech crime”, “internet crime”, “digital crime”, or “electronic crime”, among other labels used by people to describe crime committed with computers or other IT devices.  REASONS OF THE VULNERABILITY OF COMPUTERS: 1. Capacity to store data in a relatively small space. 2. Easy to access 3. Loss of evidence  COMMON MOTIVES OF CYBER CRIMINALS REVENGE An attacker may commit a criminal offense against a company after a perceived injustice against themselves. OPPORTUNITY In the instance of an internal employee, there may be no initial motivation by the employee to commit any form of crime against their employer. However, while undertaking their duties they may identify a vulnerability in the internal systems where money or data could be removed without anyone else being able to identify their actions. Greed Greed is a common motivator for the criminal, whether internal or external to the company. The potential to enrich their lives at the expense of others is an enticing option to them, with little to no concern as to the damage they do to others. Test of Skill Some cyber criminals may commit technical attacks against others as a training exercise to develop their skills for a more financially lucrative attack BUSINESS COMPETITOR The marketplace can be a very aggressive environment for businesses, with each placing an emphasis on developing a strategic advantage. One way is to steal the competition’s IP through computer hacking to provide an advantage. Another is to damage the competitor’s reputation through a technical attack, leaving existing and potential clients with concerns about doing business with a company under a technical Attack PROFESSIONAL CRIMINAL The professional criminal’s motivation is seeking personal financial advantage. The attack is rarely personal and the attack on the target company is nothing more than a business venture to make money. TERRORISM With the world being connected, the opportunity exists for persons in remote locations to target the critical infrastructure of an entity they wish to cause extreme harm to. GEOPOLITICS A state actor is a government agency or aligned group who conducts cyber activities on behalf of that government. The motivation may be to seek the IP of specific industries in foreign countries to gain a competitive advantage. Alternatively, they may seek to target the infrastructure of a hostile company or country to cause as much damage as possible THE CONVENTION ON CYBER CRIME DISTINGUISHES BETWEEN FOUR DIFFERENT TYPES OF OFFENSES Offenses against the confidentiality, integrity and availability of computer data and systems, such as illegal access, illegal interception, data interference, system interference, and misuse of devoice; Computer-related offenses, such as computer-related forgery and computer- related Fraud Content-related offenses, such as offenses related to child pornography; And Copyright-related offenses, such as offenses related to copyright infringements and related rights.  TYPES OF CYBERCRIME Financial Crimes Credit Card Frauds; Money Laundering Cyber Pornography Pornographic Websites; Online distribution Online Gambling Millions of website, all hosted on servers abroad, offer online gambling. IP Crimes Software Piracy; Copyright Infringement; Trademarks Violation; Theft of Computer Source Code. Email Spoofing A spoofed email is one that appears to originate from one source but actually has been sent from another source Cyber Defamation This occurs when defamation takes place with the help of computers and/or the Internet. E.g. someone publishes defamatory matter about another on a website. Cyber Stalking This involves following a person’s movements across the Internet by posting messages(sometimes threatening) on bulletin boards frequented by the victim, entering chat-rooms frequented by the victim, constantly bombarding the victim with emails etc. Unauthorized Access Also known as Hacking. Involves gaining access illegally to a computer system or network and in some cases making unauthorized use of this access. Hacking is also the act by which other forms of cyber- crime (e.g.,fraud, terrorism) are committed. Theft Theft of any information contained in electronic form such as that stored in computer hard disks, removal storage media, etc. Can extend to identity theft. Email Bombing This refers to sending a large number of emails to the victim resulting in the victim's email account (in case of an individual) or mail servers (in case of a company or an email service provider) crashing. Salami Attacks These attacks are often used in committing financial crime and are based on the idea that an alteration, so insignificant, would go completely unnoticed in a single case. E.g. a bank employee inserts a program, into the bank’s servers, that deducts a small amount of money (say 5 cents a month) from the account of every customer. This unauthorized debt is likely to go unnoticed by an account holder. Denial of Service (DNS) Attack This involves flooding a computer resource with more requests than it can handle, causing the resource (e.g. a web server) to crash thereby denying authorized users the service offered by the resource. Another variation to a typical denial of service attack is known as a Distributed Denial of Service (DDoS) attack wherein the perpetrators are many and are geographically widespread. It is very difficult to control such attacks and is often used in acts of civil disobedience. Virus/ Worm Viruses are programs that attach themselves to a computer or a file and then circulate themselves to other files and to other computers on a network. They usually affect the data on a computer, either by altering or deleting it. Worms, unlike viruses do not need the host to attach themselves to. They merely make functional copies of themselves and do this repeatedly till they eat up all the available space on a computer’s memory. Logic Bombs These are event dependent programs where programs kick into action only when a certain event (known as a trigger event) occurs. Some viruses may be termed logic bombs because they lie dormant throughout the year and become active only on a particular date (e.g. Chernobyl virus). Trojan Attacks An unauthorized program which functions from inside what seems to be an authorized program, thereby concealing what it is actually doing. Web Jacking This occurs when someone forcefully takes control of a website (by cracking the password and later changing it) Cyber-Terrorism Hacking designed to cause terror. Like conventional terrorism, ‘e- terrorism’ is utilizes hacking to cause violence against persons or property, or at least cause enough harm to generate fear.  CYBERTERRORIST Is someone who intimidates or coerces a government or an organization to advance his or her political or social objectives by launching a computer-based attack against computers, networks, or the information stored on them.  CYBER-EXTORTION Cyber-extortion occurs when a website, email server, or computer system is subjected to or threatened with repeated denial of service or other attacks by malicious hackers. These hackers demand money in return for promising to stop the attacks and to offer “protection”.  CATEGORIES OF CYBER CRIME We can categorize cybercrime in two ways. 1. THE COMPUTER AS A TARGET using a computer to attacks other computer, e.g. Hacking, virus/worms attacks, Dos attack etc. 2. THE COMPUTER AS A WEAPON using a computer to commit real world crime e.g. cyber terrorism, credit card fraud and pornography etc.  WHAT DOES SPAMMING MEAN? Spamming is the use of electronic messaging systems like e-mails and other digital delivery systems and broadcast media to send unwanted bulk messages indiscriminately.  PHISHING Is mostly propagated via email. Phishing emails may contain links to other websites that are affected by malware. Or, they may contain links to fake online banking or other websites used to steal private account information. Phishing is the fraudulent attempt to obtain sensitive information such as usernames, passwords and credit card details by disguising oneself as a trustworthy entity in an electronic communication.  OBSCENE OR OFFENSIVE CONTENT One area of Internet pornography that has been the target of the strongest efforts at curtailment is child pornography, which is illegal in most jurisdictions in the world.  ONLINE HARASSMENT Whereas content may be offensive in a nonspecific way, harassment directs obscenities and derogatory comments at specific individuals focusing for example on gender, race, religion, nationality, sexual orientation. This often occurs in chat rooms, through newsgroups, and by sending hate e-mail to interested parties. Harassment on the internet also includes revenge porn.  DRUG TRAFFICKING Darknet markets are used to buy and sell recreational drugs online. Some drug traffickers use encrypted messaging tools to communicate with drug mules.  STALKING DEFINED The definition for stalking is when a perpetrator singles out a specific person and causes the person emotional distress and causes the individual to fear for his or her life, safety, or safety of others. A stalker can be a former boyfriend or girlfriend, an acquaintance or a stranger.  TYPES OF STALKERS Rejected Stalker- This type of stalker becomes upset when the friendship or romantic relationship has ended. The rejected stalker is not only self-centered and jealous but also over- dependent and persistent. Resentful Stalker – The resentful stalker feels humiliated that the relationship has ended and seeks revenge upon the victim. Resentful stalkers are often irrationally paranoid and are known to verbally assault their victims. Predatory Stalker- The predatory stalker seeks power and sexual gratification. They will not make physical contact but will use surveillance to track the victim. Intimacy Seeker– The intimacy-seeking stalker seeks an intimate and romantic relationship with the victim. When the stalker is rejected by the victim, he or she will continually phone the victim, write the victim letters, and can become jealous and violent if the victim enters into a relationship with someone else. Incompetent Suitor- The incompetent suitor stalker usually has inadequate social skills. They want a relationship with the victim but do not have the ability to realize he or she is not meant to be with the victim. Erotomania and Morbidly Infatuated- This type of stalker feels that the victim loves them even though they may not have had any contact with the victim. The stalker is usually paranoid, prefers suitors in a higher social class, and will repeatedly approach the victim.  CYBERSTALKING Is the use of the Internet or other electronic means to stalk or harass an individual, group, or organization. It may include false accusations, defamation, slander and libel. It may also include monitoring, identity theft, threats, vandalism, solicitation for sex, or gathering information that may be used to threaten, embarrass or harass.  WHO IS THE HACKER? The term “hacker” has a variety of definitions. Among computer professionals, it is applied to someone who is proficient at software programming, debugging systems, or identifying vulnerabilities in a given computer, software application, or computer network. These are valuable skills for computer programmers and technicians. However “hacker” has taken on a negative meaning among the public and in the media. Outside the computer industry, the term is now generally used to describe a person with these skills who decides to apply them toward a damaging or illegal purpose.  TYPES OF HACKERS White hat hackers Also known as ethical hackers, strive to operate in the public’s best interest, rather than to create turmoil. Many white hat hackers work doing penetration, hired to attempt to break into the company’s networks to find and report on security vulnerabilities. The security firms then help their customers mitigate security issues before criminal hackers can exploit them. Black hat hackers Intentionally gain unauthorized access to networks and systems with malicious intent, whether to steal data, spread malware or profit from ransomware, vandalize or otherwise damage systems or for any other reason including gaining notoriety. Black hat hackers are criminals by definition because they violate laws against accessing systems without authorization, but they may also engage in other illegal activity, including identity theft and distributed denial-of-service attacks Gray hat hackers Fall somewhere between white hat hackers and black hat hackers. While their motives may be similar to those of white hat hackers, gray hats are more likely than white hat hackers to access systems without authorization; at the same time, they are more likely than black hat hackers to avoid doing unnecessary damage to the systems they hack. Although they aren’t typically- or only-motivated by money, gray hat hackers nay offer to fix vulnerabilities they have discovered through their own, unauthorized, activities rather than using their knowledge to exploit vulnerabilities for illegal profit.  CYBERSECURITY AND CYBERCRIME “Cybersecurity is the collection of tools, policies, security concepts, security safeguards, guidelines, 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. Cyber Security involves protection of sensitive personal and business information through prevention, detection and response to different online attacks.  ADVANTAGES OF CYBER SECURITY The cyber security will defend us from critical attacks. 1. It helps us to browse the site, website. 2. Internet Security process all the incoming and outgoing data on your computer. 3. It will defend us from hacks and virus. 4. Application of cyber security used in our PC needs update every week  CYBER INTELLIGENCE CYBER INTELLIGENCE PROCESS Cyber threat intelligence is just as cutting-edge as it sounds: it’s a type of cybersecurity solution that seeks to provide valuable intel that helps any business stay ahead of threats with ease. What does it consist of? It can be broken up into six key elements that closely work together to help protect your technological infrastructure and in-house systems.  STEP #1: DIRECTION As the initiating effort of the cyber threat intelligence process, this step entails defining the information needed to make the best decisions in the shortest possible time frame. Generally, the information used for this part is pieced together through various points of data, such as the nature of the attack, the devices involved, and what was compromised.  STEP #2: COLLECTION Also known as data collection, this step entails collecting both digital and physical evidence depending on the nature of an incident. Such information includes audit logs, IP addresses, CCTV footage, or physical devices.  STEP #3: PROCESSING After data is collected in the previous step, service providers must move on to this next step which entails “translating” information into more organized, decipherable forms. During this step, firms focus on decoding information, organizing raw data into groups, and tagging information that fits a specific context or source.  STEP #4: ANALYSIS During this step, a firm must establish a timeline using the data collected from the processing stage. They will analyze any contradictory information to create a clearer understanding of the events as they unfolded. Compared to other parts of the process in question, analysis is often considered as one of the most time consuming stages of the cycle. It is almost always led by a human analyst and aided by advanced software and tools to complete the process efficiently.  STEP #5: DISSEMINATION Throughout the dissemination stage, experts deliberate on the gathered intel from the previous steps so that they can determine the limitations, available courses of action, and opportunities for cybersecurity improvement  STEP #6: FEEDBACK Once the five previous steps of the cyber intelligence process are completed, firms are ready to take action based on all the previous steps in the cycle. During this step, certain actions can be taken to counteract the presence or effects of any threats—such as retaliation, a new security feature implementation, or adding more data to the cycle for recanalization.  REPUBLIC ACT NO. 10175 AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES This Act shall be known as the "Cybercrime Prevention Act of 2012″.  PUNISHABLE ACTS Offenses Against the Confidentiality, Integrity and Availability (CIA) of Computer Data and Systems 1. ILLEGAL ACCESS – the access to the whole or any part of a computer system without right Example: a. Hacking PENALTY 1. Imprisonment of six years and 1 day up to 12 years) or 2. Fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred or both 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. Example: a. Illicit copying of computer program or data files or wiretapping to obtain data in a network. PENALTY If committed against critical infrastructure: 1. imprisonment for twelve years and one day up to twenty years) or 2. fine of at least Five hundred thousand pesos (P500,000) up to a maximum amount commensurate to the damage incurred, or BOTH 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. PENALTY 1. Imprisonment of six years and 1 day up to 12 years) or 2. Fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred or both 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. Example: a. an example of system interference is a denial of service attack (or DoS attack) PENALTY If committed against critical infrastructure: 1. imprisonment for twelve years and one day up to twenty years) or 2. fine of at least Five hundred thousand pesos (P500,000) up to a maximum amount commensurate to the damage incurred, or BOTH MISUSE OF DEVICES – committed through any of the following acts: (i) The use, production, sale, procurement, importation, distribution or otherwise making available, intentionally and without right, of any of the following: aa. device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this rule; 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 the intent that it be used for the purpose of committing any of the offenses under this rules. (ii) The possession of an item referred to in subparagraphs 5(i)(aa) or (bb) above, with the intent to use said devices for the purpose of committing any of the offenses under this section.  PENALTY 1. Imprisonment of six years and 1 day up to 12 years) or 2. a fine, not more than Five Hundred Thousand Pesos (P500,000.00), or both If committed against critical infrastructure: 1. imprisonment for twelve years and one day up to twenty years) or 2. fine of at least Five hundred thousand pesos (P500,000) up to a maximum amount commensurate to the damage incurred, or both 6. CYBERSQUATTING - the acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same. PENALTY 1. Imprisonment of 6 years and 1 day up to 12 years) or 2. Fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred B. COMPUTER RELATED OFFENSES COMPUTER RELATED FORGERY a. 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 b. 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. Example: a. sending of an email to targets with a website link for users to click on, which might either download malware onto the users’ digital devices. b. sends users to a malicious website that is designed to steal users’ credentials (phishing). PENALTY 1. Imprisonment of 6 years and 1 day up to 12 years) or 2. Fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred or both 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: Example: a. Online romance scam PENALTY 1. Imprisonment of 6 years and 1 day up to 12 years) or 2. Fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred or both 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: Example: a. Existing account takeover identify theft (stolen ATM, checks) b. New account identify theft (FB account, credit card application) PENALTY 1. Imprisonment of 6 years and 1 day up to 12 years) or 2. Fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred or both CONTENT-RELATED OFFENSES 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 PENALTY 1. Imprisonment of 6 years and 1 day up to 12 years) or 2. Fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred 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. PENALTY Punished in accordance with the penalties set forth 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 if committed with the use of ICT. 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. Provided, that this provision applies only to the original author of the post or online libel, and not to others who simply receive the post an react to it. PENALTY 1. Maximum period of prision correctional (6month, 1day to 6year) to its prision mayor maximum period to prision mayor minimum period. 2. Fine ranging from Six Thousand Pesos (P6,000.00) up to the maximum amount determined by Court, or both, in addition to the civil action which may be brought by the offended party.  OTHER CYBERCRIME OFFENSES a. Aiding or Abetting in the Commission of Cybercrime. b. Attempt to Commit Cybercrime. Imprisonment of one (1) degree lower than that of the prescribed penalty for the offense, or a fine of at least One Hundred Thousand Pesos (P100,000.00) but not exceeding Five Hundred Thousand Pesos (P500,000.00), or both:  WHAT IS A CYBERCRIME WARRANT? Cybercrime warrants are judicial orders that involve the following acts relevant to computer data: The keeping of data that is protected from deterioration Disclosure of confidential data or information Monitoring and listening of the content of communications Search, seizure, and/or examination Custody and destruction of computer data These are in connection with Republic Act RA No. 10175 which also known as the “Cybercrime Prevention Act of 2012” The purpose of this rule is not to replace the existing Rules of Criminal Procedure but to expand the same. The provisions of which shall remain to govern the preliminary investigation as well as all stages of prosecution of criminal actions that involves any violations of RA 10175.  WHAT IS THE APPLICABLE RULE WITH RESPECT TO THE ISSUANCE OF CYBERCRIME WARRANTS? Pursuant to Section 5 (5), Article VIII of the 1987 Constitution, the Supreme Court is vested with the power to promulgate rules concerning the pleading, practice, and procedure in all courts. Thus, in order to complement the state policy leading to the enactment of RA 10175, the Supreme Court, having in mind the necessity to provide rules for the detection, investigation, and prosecution of cybercrime offenses, especially for the application, issuance, and implementation of court warrants technically-suited to the nature of cybercrime offenses, promulgated A. M. No. 17-11-03-SC, otherwise known as the Rule on Cybercrime Warrants.  What are the 4 cybercrime warrants [A.M. No. 17-11-03-SC]? THE WARRANTS TO INTERCEPT COMPUTER DATA, an order in writing which authorizes the listening, recording, monitoring, or surveillance of the content of communications through the use of a computer system, electronic eavesdropping or tapping devices; THE WARRANTS TO DISCLOSE COMPUTER DATA, which is a written order that authorizes the issuance of an order to reveal confidential data and command any person or service provider to disclose subscriber’s information or any relevant data he/she possess; THE WARRANTS TO EXAMINE COMPUTER DATA, which is a requirement by the law enforcement authorities before searching the computer system of the lawfully arrested person/s in order to gain forensic examination of latter’s computer data; WARRANT TO DISCLOSE COMPUTER DATA , A warrant to Disclose Computer Data is defined under Section 4.2 of the Rules on Cybercrime Warrants as: Section 4.2. Warrant to Disclose Computer Data (WDCD). – A WDCD 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 issue an order to disclose and accordingly, require any person or service provider to disclose or submit subscriber’s information, traffic data, or relevant data in his/her or its possession or control 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  HOW LONG ARE CYBERCRIME WARRANTS VALID? Section 2.5. Effective Period of Warrants. – Any warrant issued under this Rule shall only be effective for the length of time as determined by the court, which shall not exceed a period of ten (10) days from its issuance. The court issuing the warrant may, upon motion, extend its effectivity based only on justifiable reasons for a period not exceeding ten (10) days from the expiration of the original period  LAW ENFORCEMENT AGENCIES CYBERCRIME INVESTIGATION AND COORDINATION CENTER (CICC) 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. Composition 1. Executive Director of the Information and Communications Technology Office under the Department of Science and Technology (ICTO-DOST) as Chairperson 2. Director of the NBI as Vice Chairperson; 2. Head of the DOJ Office of Cybercrime; and 3. one (1) representative from the private sector and academe The CICC shall be manned by a secretariat of selected existing personnel and representatives from the different participating agencies.  DOJ – OFFICE OF CYBERCRIME (OOC) Is an office within the DOJ created under RA 10175 and Is designated as the CENTRAL AUTHORITY in all matters relating to international mutual assistance and extradition for cybercrime cases. The OOC is also tasked to monitor and review cybercrime and cyber-related cases being handled by the NBI and PNP.  NATIONAL BUREAU OF INVESTIGATION (NBI)- CYBERCRIME DIVISION (CCD) The NBI-CCD is tasked to investigate all cyber related crimes punishable under RA 10175 and related laws, and to establish and maintain and Incident Response Team and Digital Forensic Section that will be responsible for responding to the current and emerging cyber threats and conducting digital forensic examination and analysis.  PNP – ANTI CYBERCRIME GROUP The PNP-ACG investigates all cybercrimes and other crimes in which information and Communications technology (ICT) is used in the commission of the criminal acts or the objects of attack, conduct data recovery and forensic analysis on all computer, computer peripherals and storage devices, and other digital evidence seized by the PNP units and any other law enforcement agencies within the country.  CYBERCRIME INVESTIGATIVE PROCESS In order to be successful in Cyber Crime investigation an investigator should computer savvy; that is why the DOJ OOC is conducting extensive training to their operative.  FLOW CHART OF A CYBERCRIME INVESTIGATION Follow incident File/report response Prosecution cybercrime with procedure’ Submit Possible Inquest? DOJ/OOC/PNP/NBI post-operation report to OOC Contact reporting Conduct initial Attend Hearing party for additional Any digital forensics/forensics information evidence preview seized/found? Submit Additional Gather Evidence Apply for SW, File inquest Evidence search and seizure; submit pre- operation report to Conduct full Direct Conduct Physical OOC forensics Filing surveillance and gather additional Are info sufficient evidence for Search Follow forensic Warrant? procedures Inquested?  What is Environmental Law? Environmental law, also known as environmental and natural resources law, is a collective term describing the network of treaties, statutes, regulations, common and customary laws addressing the effects of human activity on the natural environment. The core environmental law regimes address environmental pollution. A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries  WHAT DO ENVIRONMENTAL LAWS REGULATE? 1. Air Quality- Air quality laws protect the air from pollution and may include measures to protect the air from things like ozone depletion. 2. Water Quality- Environmental laws may protect water from pollution. They may also determine who can use water and how to handle potential problems like treating waste water and managing surface run off. 3. Waste Management- Municipal waste, hazardous substances and nuclear waste all fall in the category of waste management. 4. Contaminant Cleanup- Not all environmental law focuses on preventing pollution. Contaminant cleanup deals with addressing pollution after it happens. Laws may include protocols for cleanup as well as civil and criminal punishment for polluters. 5. Chemical Safety- Chemical safety regulations manage things like pesticide use and chemicals in products like plastic bottles. 6. Hunting and fishing-Environmental laws may regulate and protect wildlife populations. Lawmakers determine who can hunt and fish and how these activities are regulated. 7. Major environmental legislation  REPUBLIC ACT NO. 9003 Short Title. — This Act shall be known as the “Ecological Solid Waste Management Act of 2000.” Declaration of Policies. — It is hereby declared the policy of the State to adopt a systematic, comprehensive and ecological solid waste management program which shall: Ensure the protection of public health and environment; Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resource conservation and recovery; Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composting, recycling, re-use, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate and environmentally sound solid waste management facilities in accordance with ecologically sustainable development principles;  Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practice in ecological waste management excluding incineration; Promote national research and development programs for improved solid waste management and resource conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste reduction, collection, separation and recovery; Encourage greater private sector participation in solid waste management; Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, non-government organizations, and the private sector; Encourage cooperation and self-regulation among waste generators through the application of market-based instruments; Institutionalize public participation in the development and implementation of national and local integrated, comprehensive and ecological waste management programs; and Strengthen the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and action among the citizenry.  INSTITUTIONAL MECHANISM National Solid Waste Management Commission. — There is hereby established a National Solid Waste Management Commission, hereinafter referred to as the Commission, under the Office of the President. The Commission shall be composed of fourteen (14) members from the government sector and three (3) members from the private sector.  SEGREGATION OF WASTES For premises containing six (6) or more residential units, the local government unit shall promulgate regulations requiring the owner or person in charge of such premises to: (a) provide for the residents a designated area and containers in which to accumulate source separated recyclable materials to be collected by the municipality or private center; and (b) notify the occupants of such buildings of the requirements of this Act and the regulations promulgated pursuant thereto. Requirements for the Segregation and Storage of Solid Waste. — The following shall be the minimum standards and requirements for segregation and storage of solid waste pending collection: (a) There shall be a separate container for each type of waste from all sources: Provided, That in the case of bulky waste, it will suffice that the same be collected and placed in a separate and designated area; and (b) The solid waste container depending on its use shall be properly marked or identified for on-site collection as “compostable”, “non- recyclable”, “recyclable” or “special waste”, or any other classification as may be determined by the Commission.  PENAL PROVISIONS (1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same; Any person who violates Sec. 48, paragraph (1) shall, upon conviction, be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or render community service for not less than one (1) day to not more than fifteen (15) days to an LGU where such prohibited acts are committed, or both; (2) Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in or established pursuant to this Act; (3) The open burning of solid waste; Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction, be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or imprisonment of not less than one (1) day to not more than fifteen (15) days, or both; (4) Causing or permitting the collection of non-segregated or unsorted waste; (5) Squatting in open dumps and landfills; (6) Open dumping, burying of biodegradable or non-biodegradable materials in flood-prone areas; (7) Unauthorized removal of recyclable material intended for collection by authorized persons; Any person who violates Sec. 48, pars. (4), (5), (6), and (7) shall, upon conviction, be punished with a fine of not less than One thousand pesos (P1,000.00) but not more than Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen (15) days but not more than six (6) months, or both; (8)The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal; (9) Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37; (10) The manufacture, distribution or use of non-environmentally acceptable packaging materials; (11) Importation of consumer products packaged in non-environmentally acceptable materials; Any person who violates Sec. 48, pars. (8), (9), (10) and (11) for the first time shall, upon conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus an amount not less than five percent (5%) but not more than ten percent (10%) of his net annual income during the previous year. The additional penalty of imprisonment of a minimum period of one (1) year, but not to exceed three (3) years at the discretion of the court, shall be imposed for second or subsequent violations of Sec. 48, paragraphs (9) and (10). (12Importation of toxic wastes misrepresented as “recyclable” or “with recyclable content”; (13) Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes in areas other than centers or facilities prescribed under this Act; Any person who violates Sec. 48, pars. (12) and (13), shall, upon conviction, be punished with a fine of not less than Ten thousand pesos (P10,000.00) but not more than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty (30) days but not more than three (3) years, or both; (14) Site preparation, construction, expansion or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and not conforming with the land use plan of the LGU; (15) The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps, or sanitary landfills; and (16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir or watershed area and or any portions thereof. Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be punished with a fine not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not more than six (6) years, or both.  If the offense is committed by a corporation, partnership, or other juridical entity duly organized in accordance with law, the chief executive officer, president, general manager, managing partner or such other officer-in-charge shall be liable for the commission of the offense penalized under this Act. If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without further administrative proceedings.  REPUBLIC ACT NO. 6969 This Act shall be known as the “Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.” Declaration of Policy. — It is the policy of the State to regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to health or the environment; to prohibit the entry, even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits for whatever purpose; and to provide advancement and facilitate research and studies on toxic chemicals.  THE OBJECTIVES OF THIS ACT ARE: a) To keep an inventory of chemicals that are presently being imported, manufactured, or used, indicating, among others, their existing and possible uses, test data, names of firms manufacturing or using them, and such other information as may be considered relevant to the protection of health and the environment; b) To monitor and regulate the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk or injury to health or to the environment in accordance with national policies and international commitments; c) To inform and educate the populace regarding the hazards and risks attendant to the manufacture, handling, storage, transportation, processing, distribution, use and disposal of toxic chemicals and other substances and mixtures; and d) To prevent the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose.  Functions, Powers and Responsibilities of the Department of Environment and Natural Resources. The Department of Environment and Natural Resources shall be the implementing agency tasked with the following functions, powers, and responsibilities Inter-Agency Technical Advisory Council. — There is hereby created an Inter- Agency Technical Advisory Council attached to the Department of Environment and Natural Resources which shall be composed of the following officials or their duly authorized representatives: Secretary of Environment and Natural Resources Chairman Secretary of Health Member Director of the Philippine Nuclear Research Institute Member Secretary of Trade and Industry Member Secretary of Science and Technology Member Secretary of National Defense Member Secretary of Foreign Affairs Member Secretary of Labor and Employment Member Secretary of Finance Member Secretary of Finance Member Secretary of Agriculture Member Secretary of Agriculture Member Representative from a non-governmental organization on health Member and safety  PRE-MANUFACTURE AND PRE- IMPORTATION REQUIREMENTS. Before any new chemical substance or mixture can be manufactured, processed or imported for the first time as determined by the Department of Environment and Natural Resources, the manufacturer, processor or importer shall submit the following information: the name of the chemical substance or mixture; its chemical identity and molecular structure; proposed categories of use; an estimate of the amount to be manufactured, processed or imported; processing and disposal thereof; and any test data related to health and environmental effects which the manufacturer, processor or importer has.  CHEMICALS SUBJECT TO TESTING Testing shall be required in all cases where: a) There is a reason to believe that the chemical substances or mixture may present an unreasonable risk to health or the environment or there may be substantial human or environmental exposure thereto; b) There are insufficient data and experience for determining or predicting the health and environmental effects of the chemical substance or mixture; and c) The testing of the chemical substance or mixture is necessary to develop such data. The manufacturers, processors or importers shall shoulder the costs of testing the chemical substance or mixture that will be manufactured, processed, or imported.  Action by the Secretary of Environment and Natural Resources of his Duly Authorized Representative. The Secretary of Environment and Natural Resources or his duly authorized representative shall, within ninety (90) days from the date of filing of the notice of manufacture, processing or importation of a chemical substance or mixture, decide whether or not to regulate or prohibit its importation, manufacture, processing, sale, distribution, use or disposal. The Secretary may, for justifiable reasons, extend the ninety-day pre- manufacture period within a reasonable time.  PROHIBITED ACTS The following acts and omissions shall be considered unlawful a) Knowingly use a chemical substance or mixture which is imported, manufactured, processed or distributed in violation of this Act or implementing rules and regulations or orders; b) Failure or refusal to submit reports, notices or other information, access to records as required by this Act, or permit inspection of establishment where chemicals are manufactured, processed, stored or otherwise held; c) Failure or refusal to comply with the pre-manufacture and pre- importation requirements; The penalty of imprisonment of six (6) months and one (1) day to six (6) years and one (1) day and a fine ranging from Six hundred pesos (P600.00) to Four thousand pesos (P4,000.00) shall be imposed upon any person who shall violate Section 13(a) to (c) of this Act and shall not be covered by the Probation Law. If the offender is a foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence; In case any violation of this Act is committed by a partnership, corporation, association or any juridical person, the partner, president, director or manager who shall consent to or shall knowingly tolerate such violation shall be directly liable and responsible for the act of the employees and shall be criminally liable as a co-principal; n case the offender is a government official or employee, he or she shall, in addition to the above penalties, be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position. d) Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into Philippine territory, including its maritime economic zones, even in transit, either by means of land, air or sea transportation or otherwise keeping in storage any amount of hazardous and nuclear wastes in any part of the Philippines. The penalty of imprisonment of twelve (12) years and one (1) day to twenty (20) years, shall be imposed upon any person who shall violate Section 13(d) of this Act. If the offender is a foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence;  ADMINISTRATIVE FINES In all cases of violations of this Act, including violations of implementing rules and regulations which have been duly promulgated and published in accordance with Section 16 of this Act, the Secretary of Environment and Natural Resources is hereby authorized to impose a fine of not less than Ten thousand pesos (P10,000.00), but not more than Fifty thousand pesos (P50,000.00) upon any person or entity found guilty thereof. The administrative fines imposed and collected by the Department of Environment and Natural Resources shall accrue to a special fund to be administered by the Department exclusively for projects and research activities relative to toxic substances and mixtures.  REPUBLIC ACT NO. 8749 AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES This Act shall be known as the "Philippine Clean Air Act of 1999.“ Declaration of Principles. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems. The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based. The State also recognizes the principle that "polluters must pay". Finally, the State recognizes that a clean and healthy environment is for the good of all and should, therefore, be the concern of all. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment: (a) The right to breathe clean air; (b) The right to utilize and enjoy all natural resources according to the principles of sustainable development; (c) The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process; (d) The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health; (e) The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances; (f) The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act; (g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws; and (h) The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.  POLLUTION FROM STATIONARY SOURCES The Department shall, within two (2) years from the effectivity of this Act, and every two (2) years thereafter, review, or as the need therefore arises, revise and publish emission standards, to further improve the emission standards for stationary sources of air pollution. Such emission standards shall be based on mass rate of emission for all stationary source of air pollution based on internationally accepted standards, but not be limited to, nor be less stringent than such standards and with the standards set forth in this section Violation of Standards for Stationary Sources. - For actual exceedance of any pollution or air quality standards under this Act or its rules and regulations, the Department, through the Pollution Adjudication Board (PAB), shall impose a fine of not more than One hundred thousand pesos (P100,000.00) for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied with. POLLUTION FROM MOTOR VEHICLES a) The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act. To further improve the emission standards, the Department shall review, revise and publish the standards every two (2) years, or as the need arises. It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality for the health, safety and welfare of the general public. b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the Integrated Air Quality Framework. The DOTC shall enforce compliance with the emission standards for motor vehicles set by the Department. The DOTC may deputize other law enforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the power to: (1) Inspect and monitor the emissions of motor vehicles; (2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and (3) Authorize private testing emission testing centers duly accredited by the DTI. Violation of Standards for Motor Vehicles. - No motor vehicle shall be registered with the DOTC unless it meets the emission standards set by the Department as provided in Sec. 21 hereof. Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to smoke-belching, shall be subjected to an emission test by a duly authorized emission testing center. For this purpose, the DOTC or its authorized testing center shall establish a roadside inspection system. Should it be shown that there was no violation of emission standards, the vehicle shall be immediately released. Otherwise, a testing result indicating an exceedance of the emission standards would warrant the continuing custody of the impounded vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to make the necessary repairs so as to comply with the standards. A pass shall herein be issued by the DOTC to authorize the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose of making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall be required to correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle can be allowed to be driven on any public or subdivision roads.  In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control management conducted by the DOTC and shall also suffer the following penalties: a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00); b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four Thousand Pesos (P4,000.00); and c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos (P6,000.00). POLLUTION FROM OTHER SOURCES Pollution from smoking. - Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one's private residence, private place of work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented by the LGUs. Pollution from other mobile sources. - The Department, in coordination with appropriate agencies, shall formulate and establish the necessary standards for all mobile sources other than those referred to in Sec. 21 of this Act. The imposition of the appropriate fines and penalties from these sources for any violation of emission standards shall be under the jurisdiction of the DOTC Fines and Penalties for Violations of Other Provisions in the Act. - For violations of all other provisions provided in this Act and of the rules and regulations thereof, a fine of not less than Ten thousand pesos (P10,000) but not more than One Hundred thousand Pesos (P100,000) or six (6) months to six (6) years imprisonment or both shall be imposed. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided.  GROSS VIOLATIONS In case of gross violation of this Act or its implementing rules and regulations, the PAB shall recommend to the proper government agencies to file the appropriate criminal charges against the violators. The PAB shall assist the public prosecutor in the litigation of the case. Gross violation shall mean: (a) three (3) or more specific offenses within a period of one (1) year; (b) three (3) or more specific offenses with three (3) consecutive years; (c) blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal, padlocks and other similar devices, or operation despite the existence of an order for closure, discontinuance or cessation of operation; and (d) irreparable or grave damage to the environment as a consequence of any violation of the provisions of this Act Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of the court. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided.  REPUBLIC ACT NO. 9275 AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER Short Title. - This Act shall be known as the "Philippine Clean Water Act of 2004."  WATER QUALITY MANAGEMENT AREA The Department, in coordination with National Water Resources Board (NWRB), shall designate certain areas as water quality management areas using appropriate physiographic units such as watershed, river basins or water resources regions. Said management areas shall have similar hydrological, hydrogeological, meteorological or geographic conditions which affect the physicochemical, biological and bacteriological reactions and diffusions of pollutants in the water bodies, or otherwise share common interest or face similar development programs, prospects or problems.  Prohibited Acts. - The following acts are hereby prohibited: a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water bodies or along the margins of any surface water, where, the same shall be liable to be washed into such surface water, either by tide action or by storm, floods or otherwise, which could cause water pollution or impede natural flow in the water body; b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute groundwater. In the case of geothermal projects, and subject to the approval of the Department, regulated discharge for short- term activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids may be allowed: Provided, That safety measures are adopted to prevent the contamination of the groundwater; c) Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit was revoked for any violation of any condition therein; d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of individuals on board the vessel is threatened by a great and imminent peril; e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under Republic Act No.9003; f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No.6969; g) Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals, substances or pollutants listed under R. A. No. 6969 into water bodies or wherein the same shall be liable to be washed into such surface, ground, coastal, and marine water; h) Undertaking activities or development and expansion of projects, or operating wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and its implementing rules, and regulations; i) Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the permit was revoked for any violation of condition therein; j) Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case, sanctions shall be imposed on the local government officials concerned; k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act; l) Refusal to allow access by the Department to relevant reports and records in accordance with this Act; m) Refusal or failure to submit reports whenever required by the Department in accordance with this Act; n) Refusal or failure to designate pollution control officers whenever required by, the Department in accordance with this Act; and o) Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to alter or impair the water quality.  FINES, DAMAGES AND PENALTIES Unless otherwise provided herein, any person who commits any of the prohibited acts provided in the immediately preceding section or violates any of the provision of this Act or its implementing rules and regulations, shall be fined by the Secretary, upon the recommendation of the PAB in the amount of not less than Ten thousand pesos (P10,000.00) nor more than Two hundred thousand pesos (P200,000.00) for every day of violation  In case of gross violation of this Act, the PAB shall issue a resolution recommending that the proper government agencies file criminal charges against the violators. Gross violation shall mean any of the following: a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in toxic amounts; b) five {5) or more violations within a period of two (2) years; or c) blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of seals or operating despite the existence of an order for closure, discontinuance or cessation of operation. In which case, offenders shall be punished with a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than Three million pesos (P3,000,000.00} per day for each day of violation or imprisonment of not less than six {6) years but not more than ten {10) years, or both, at the discretion of the court. If the offender is a juridical person, the president, manager and the pollution control officer or the official in charge of the operation shall suffer the penalty herein provided.  PRESIDENTIAL DECREE No. 705 REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE KNOWN AS THE FORESTRY REFORM CODE OF THE PHILIPPINES  CRIMINAL OFFENSES AND PENALTIES Cutting, gathering and/or collecting timber or other products without license. Any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and disposable public lands, or from private lands, without any authority under a license agreement, lease, license or permit, shall be guilty of qualified theft as defined and punished under Articles 309 and 310 of the Revised Penal Code; Provided, That in the case of partnership, association or corporation, the officers who ordered the cutting, gathering or collecting shall be liable, and if such officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration and Deportation. The Court shall further order the confiscation in favor of the government of the timber or forest products to cut, gathered, collected or removed, and the machinery, equipment, implements and tools used therein, and the forfeiture of his improvements in the area. The same penalty plus cancellation of his license agreement, lease, license or permit and perpetual disqualification from acquiring any such privilege shall be imposed upon any licensee, lessee, or permittee who cuts timber from the licensed or leased area of another, without prejudice to whatever civil action the latter may bring against the offender. Unlawful occupation or destruction of forest lands. Any person who enters and occupies or possesses, or makes kaingin for his own private use or for others any forest land without authority under a license agreement, lease, license or permit, or in any manner destroys such forest land or part thereof, or causes any damage to the timber stand and other products and forest growths found therein, or who assists, aids or abets any other person to do so, or sets a fire, or negligently permits a fire to be set in any forest land shall, upon conviction, be fined in an amount of not less than five hundred pesos (P500.00) nor more than twenty thousand pesos (P20,000.00) and imprisoned for not less than six (6) months nor more than two (2) years for each such offense, and be liable to the payment of ten (10) times the rental fees and other charges which would have been accrued had the occupation and use of the land been authorized under a license agreement, lease, license or permit: Provided, That in the case of an offender found guilty of making kaingin, the penalty shall be imprisoned for not less than two (2) nor more than (4) years and a fine equal to eight (8) times the regular forest charges due on the forest products destroyed, without prejudice to the payment of the full cost of restoration of the occupied area as determined by the Bureau. Pasturing Livestock. Imprisonment for not less than six (6) months nor more than two (2) years and a fine equal to ten (10) times the regular rentals due, in addition to the confiscation of such livestock and all improvement introduced in the area in favor of the government, shall be imposed upon any person, who shall, without authority under a lease or permit, graze or cause to graze livestock in forest lands, grazing lands and alienable and disposable lands which have not as yet been disposed of in accordance with the Public Land Act; Provided, That in case the offender is a corporation, partnership or association, the officers and directors thereof shall be liable.  Illegal occupation of national parks system and recreation areas and vandalism therein. Any person who shall, without permit, occupy for any length of time any portion of the national parks system or shall, in any manner, cut, destroy, damage or remove timber or any species of vegetation or forest cover and other natural resources found therein, or shall mutilate, deface or destroy objects of natural beauty or of scenic value within areas in the national parks system, shall be fined not less than two hundred (P200.00) pesos or more than five hundred (P500.00) pesos exclusive of the value of the thing damaged; Provided, That if the area requires rehabilitation or restoration as determined by the Director, the offender shall also be required to restore or compensate for the restoration of the damage; Provided, Further, That any person who, without proper permit shall hunt, capture or kill any kind of bird, fish or wild animal life within any area in the national parks system shall be subject to the same penalty; Provided, Finally, That the Court shall order eviction of the offender from the land and the forfeiture in favor of the Government of all timber or any species of vegetation and other natural resources collected or removed, and any construction or improvement made thereon by the offender. If the offender is an association or corporation, the president or manager shall be directly responsible and liable for the act of his employees or laborers. In the event that an official of a city or municipal government is primarily responsible for detecting and convicting the violator of the provisions of this Section, fifty per centum (50%) of the fine collected shall accrue to such municipality or city for the development of local parks.  Destruction of wildlife resources. Any person violating the provisions of Section 55 of this Code, or the regulations promulgated thereunder, shall be fined not less than one hundred (P100.00) pesos for each such violation and in addition shall be denied a permit for a period of three (3) years from the date of the violation. Survey by unauthorized person. Imprisonment for not less than two (2) nor more than four (4) years, in addition to the confiscation of the implements used in the violation of this section including the cancellation of the license, if any, shall be imposed upon any person who shall, without permit to survey from the Director, enter any forest lands, whether covered by a license agreement, lease, license, or permit, or not, and conduct or undertake a survey for whatever purpose.  Misclassification and survey by government official or employee. Any public officer or employee who knowingly surveys, classifies, or recommends the release of forest lands as alienable and disposable lands contrary to the criteria and standards established in this Code, or the rules and regulations promulgated hereunder, shall, after an appropriate administrative proceeding, be dismissed from the service with prejudice to re-employment, and upon conviction by a court of competent jurisdiction, suffer an imprisonment of not less than one (1) year and a fine of not less than one thousand, (P1,000.00) pesos. The survey, classification or release of forest lands shall be null and void. Tax declaration on real property. Imprisonment for a period of not less than two (2) nor more than four (4) years and perpetual disqualification from holding an elective or appointive office, shall be imposed upon any public officer or employee who shall issue a tax declaration on real property without a certification from the Director of Forest Development and the Director of Lands or their duly designated representatives that the area declared for taxation is alienable and disposable lands, unless the property is titled or has been occupied and possessed by members of the national cultural minorities prior to July 4, 1955.  Coercion and influence. Any person who coerces, influences, abets or persuades the public officer or employee referred to in the two preceding sections to commit any of the acts mentioned therein shall suffer imprisonment of not less than one (1) year and pay a fine of five hundred (P500.00) pesos for every hectare or a fraction thereof so improperly surveyed, classified or released. Unlawful possession of implements and devices used by forest officers. Imprisonment for a period of not less than (2) nor more than four (4) years and a fine of not less than one thousand pesos (P1,000.00), nor more than ten thousand (P10,000.00) pesos in addition to the confiscation of such implements and devices, and the automatic cancellation of the license agreement, lease, license or permit, if the offender is a holder thereof, shall be imposed upon any person who shall, without authority from the Director or his authorized representative, make, manufacture, or has in his possession any government marking, hatchet or other marking implement, or any marker, poster, or other devices officially used by officers of the Bureau for the marking or identification of timber or other products, or any duplicate, counterfeit, or imitation thereof, or make or apply a government mark on timber or any other forest products by means of any authentic or counterfeit device, or alter, deface, or remove government marks or signs, from trees, logs, stumps, firewoods or other forest products, or destroy, deface, remove or disfigure any such mark, sign, poster or warning notices set by the Bureau to designate the boundaries of cutting areas, municipal or city forest or pasture, classified timber land, forest reserve, and areas under the national park system or to make any false mark or imitation of any mark or sign herein indicated; Provided, That if the offender is a corporation, partnership or association, the officers and directors thereof shall be liable.  REPUBLIC ACT NO. 9147 AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES This act shall be known as the "Wildlife Resources Conservation and Protection Act.“ Declaration of Policy. It shall be the policy of the State to conserve the country's wildlife resources and their habitats for sustainability. In the pursuit of this policy, this Act shall have the following objectives: (a) to conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity; (b) to regulate the collection and trade of wildlife; (c) to pursue, with due regard to the national interest, the Philippine commitment to international conventions, protection of wildlife and their habitats; and (d) to initiate or support scientific studies on the conservation of biological diversity.  Jurisdiction of the Department of Environment and Natural Resources and the Department of Agriculture The Department of Environment and Natural Resources (DENR) shall have jurisdiction over all terrestrial plant and animal species, all turtles and tortoises and wetland species, including but not limited to crocodiles, waterbirds and all amphibians and dugong. The Department of Agriculture (DA) shall have jurisdiction over all declared aquatic critical habitats, all aquatic resources including but not limited to all fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The secretaries of the DENR and the DA shall review, and by joint administrative order, revise and regularly update the list of species under their respective jurisdiction. In the Province of Palawan, jurisdiction herein conferred is vested to the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611.  DETERMINATION OF THREATENED SPECIES The Secretary shall determine whether any wildlife species or subspecies is threatened, and classify the same as critically endangered, endangered, vulnerable or other accepted categories based on the best scientific data and with due regard to internationally accepted criteria, including but not limited to the following: (a) present or threatened destruction, modification or curtailment of its habitat or range; (b) over-utilization for commercial, recreational, scientific or educational purposes; (c) inadequacy of existing regulatory mechanisms; and (d) other natural or man-made factors affecting the existence of wildlife.  ILLEGAL ACTS Unless otherwise allowed in accordance with this Act, it shall be unlawful for any person to willfully and knowingly exploit wildlife resources and their habitats, or undertake the following acts; (a) killing and destroying wildlife species, except in the following instances; (i) when it is done as part of the religious rituals of established tribal groups or indigenous cultural communities; (ii) when the wildlife is afflicted with an incurable communicable disease; (iii) when it is deemed necessary to put an end to the misery suffered by the wildlife; (iv) when it is done to prevent an imminent danger to the life or limb of a human being; and (v) when the wildlife is killed or destroyed after it has been used in authorized research or experiments. (b) inflicting injury which cripples and/or impairs the reproductive system of wildlife species; (c) effecting any of the following acts in critical habitat(s) (i) dumping of waste products detrimental to wildlife; (ii) squatting or otherwise occupying any portion of the critical habitat; (iii) mineral exploration and/or extraction; (iv) burning; (v) logging; and (vi) quarrying (d) introduction, reintroduction or restocking of wildlife resources; (e) trading of wildlife; (f) collecting, hunting or possessing wildlife, their by-products and derivatives; (g) gathering or destroying of active nests, nest trees, host plants and the like; (h) maltreating and/or inflicting other injuries not covered by the preceding paragraph; and (i) transporting of wildlife.  REPUBLIC ACT NO. 8550 AN ACT PROVIDING FOR THE DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE FISHERIES AND AQUATIC RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO, AND FOR OTHER PURPOSES This Act shall be known as “The Philippine Fisheries Code of 1998.”  Application of its Provisions. — The provisions of this Code shall be enforced in: a) all Philippine waters including other waters over which the Philippines has sovereignty and jurisdiction, and the country’s 200- nautical mile Exclusive Economic Zone (EEZ) and continental shelf; b) all aquatic and fishery resources whether inland, coastal or offshore fishing areas, including but not limited to fishponds, fishpens/cages; and c) all lands devoted to aquaculture, or businesses and activities relating to fishery, whether private or public lands.  PROHIBITIONS AND PENALTIES Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities. — No person shall exploit, occupy, produce, breed, culture, capture or gather fish, fry or fingerlings of any fishery species or fishery products, or engage in any fishery activity in Philippine waters without a license, lease or permit. Discovery of any person in an area where he has no permit or registration papers for a fishing vessel shall constitute a prima facie presumption that the person and/or vessel is engaged in unauthorized fishing: Provided, That fishing for daily food sustenance or for leisure which is not for commercial, occupation or livelihood purposes may be allowed. It shall be unlawful for any commercial fishing vessel to fish in bays and in such other fishery management areas which may hereinafter be declared as over-exploited.  Any commercial fishing boat captain or the three (3) highest officers of the boat who commit any of the above prohibited acts upon conviction shall be punished by a fine equivalent to the value of catch or Ten thousand pesos (P10,000.00) whichever is higher, and imprisonment of six (6) months, confiscation of catch and fishing gears, and automatic revocation of license. It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in any commercial fishing activity in municipal waters. Any municipal fisherfolk who commits such violation shall be punished by confiscation of catch and a fine of Five hundred pesos (500.00).  Poaching in Philippine Waters. — It shall be unlawful for any foreign person, corporation or entity to fish or operate any fishing vessel in Philippine waters. The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie evidence that the vessel is engaged in fishing in Philippine waters. Violation of the above shall be punished by a fine of One hundred thousand U.S. Dollars (US$100,000.00), in addition to the confiscation of its catch, fishing equipment and fishing vessel: Provided, That the Department is empowered to impose an administrative fine of not less than Fifty thousand U.S. Dollars (US$50,000.00) but not more than Two hundred thousand U.S. Dollars (US$200,000.00) or its equivalent in the Philippine Currency.  Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity. — It shall be unlawful for any person to catch, take or gather or cause to be caught, taken or gathered, fish or any fishery species in Philippine waters with the use of electricity, explosives, noxious or poisonous substance such as sodium cyanide in the Philippine fishery areas, which will kill, stupefy, disable or render unconscious fish or fishery species: Provided, That the Department, subject to such safeguards and conditions deemed necessary and endorsement from the concerned LGUs, may allow, for research, educational or scientific purposes only, the use of electricity, poisonous or noxious substances to catch, take or gather fish or fishery species: Provided, further, That the use of poisonous or noxious substances to eradicate predators in fishponds in accordance with accepted scientific practices and without causing adverse environmental impact in neighboring waters and grounds shall not be construed as illegal fishing.  Mere possession of explosive, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable by imprisonment ranging from six (6) months to two (2) years. Actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable by imprisonment ranging from five (5) years to ten (10) years without prejudice to the filing of separate criminal cases when the use of the same result to physical injury or loss of human life. Dealing in, selling, or in any manner disposing of, for profit, illegally caught/gathered fisheries species shall be punished by imprisonment ranging from six (6) months to two (2) years. In all cases enumerated above, the explosives, noxious or poisonous substances and/or electrical devices, as well as the fishing vessels, fishing equipment and catch shall be forfeited.  Use of Fine Mesh Net. — It shall be unlawful to engage in fishing using nets with mesh smaller than that which may be fixed by the Department: Provided, That the prohibition on the use of fine mesh net shall not apply to the gathering of fry, glass eels, elvers, tabios, and alamang and such species which by their nature are small but already mature to be identified in the implementing rules and regulations by the Department. Violation of the above shall subject the offender to a fine from Two thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) or imprisonment from six (6) months to two (2) years or both such fine and imprisonment at the discretion of the court: Provided, That if the offense is committed by a commercial fishing vessel, the boat captain and the master fisherman shall also be subject to the penalties provided herein: Provided, further, That the owner/operator of the commercial fishing vessel who violates this provision shall be subjected to the same penalties provided herein: Provided, finally, That the Department is hereby empowered to impose upon the offender an administrative fine and/or cancel his permit or license or both. Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas. — It shall be unlawful to engage in fishing in municipal waters and in all bays as well as other fishery management areas using active fishing gears as defined in this Code. Violators of the above prohibitions shall suffer the following penalties: 1. The boat captain and master fisherman of the vessels who participated in the violation shall suffer the penalty of imprisonment from two (2) years to six (6) years; 2. The owner/operator of the vessel shall be fined from Two thousand pesos (P2,000.00) to Twenty thousand pesos (20,000.00) upon the discretion of the court. 3. If the owner/operator is a corporation, the penalty shall be imposed on the chief executive officer of the Corporation. 4. If the owner/operator is a partnership the penalty shall be imposed on the managing partner. 5. The catch shall be confiscated and forfeited. Ban on Coral Exploitation and Exportation. — It shall be unlawful for any person or corporation to gather, possess, sell or export ordinary precious and semi-precious corals, whether raw or in processed form, except for scientific or research purposes. Violations of this provision shall be punished by imprisonment from six (6) months to two (2) years and a fine from Two thousand pesos (P2,000.00) to Twenty thousand pesos (20,000.00), or both such fine and imprisonment, at the discretion of the court, and forfeiture of the subject corals, including the vessel and its proper disposition. The confiscated corals shall either be returned to the sea or donated to schools and museums for educational or scientific purposes or disposed through other means. Ban on Muro-Ami Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat. — It shall be unlawful for any person, natural or juridical, to fish with gear method that destroys coral reefs, seagrass beds, and other fishery marine life habitat as may be determined by the Department. “Muro-Ami” and any of its variation, and such similar gear and methods that require diving, other physical or mechanical acts to pound the coral reefs and other habitat to entrap, gather or catch fish and other fishery species are also prohibited. Illegal Use of Superlights. — It shall be unlawful to engage in fishing with the use of superlights in municipal waters or in violation of the rules and regulations which may be promulgated by the Department on the use of superlights outside municipal waters. Violations of this provision shall be punished by imprisonment from six (6) months to two (2) years or a fine of Five thousand pesos (P5,000.00) per superlight, or both such fine and imprisonment at the discretion of the courts. The superlight, fishing gears and vessel shall be confiscated. Conversion of Mangroves. — It shall be unlawful for any person to convert mangroves into fishponds or for any other purposes. Violation of the provision of this section shall be punished by imprisonment of six (6) years and one (1) day to twelve (12) years and/or a fine of Eighty thousand pesos (P80,000.00): Provided, That if the area requires rehabilitation or restoration as determined by the court, the offender should also be required to restore or compensate for the restoration of the damage. Fishing in Overfished Area and During Closed Season. — It shall be unlawful to fish in overfished area and during closed season. Violation of the provision of this section shall be punished by imprisonment of six (6) months and one (1) day to six (6) years and/or fine of Six thousand pesos (P6,000.00) and by forfeiture of the catch and cancellation of fishing permit or license.  Fishing in Fishery Reserves, Refuge and Sanctuaries. — It shall be unlawful to fish in fishery areas declared by the Department as fishery reserves, refuge and sanctuaries. Violation of the provision of this section shall be punished by imprisonment of two (2) years to six (6) years and/or fine of Two thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) and by forfeiture of the catch and the cancellation of fishing permit or license. Fishing or Taking of Rare, Threatened or Endangered Species. — It shall be unlawful to fish or take rare, threatened or endangered species as listed in the CITES and as determined by the Department. Violation of the provision of this section shall be punished by imprisonment of twelve (12) years to twenty (20) years and/or a fine of One hundred and twenty thousand pesos (P120,000.00) and forfeiture of the catch, and the cancellation of fishing permit. Capture of Sabalo and Other Breeders/Spawners. — It shall be unlawful for any person to catch, gather, capture or possess mature milkfish or “sabalo” and such other breeders or spawners of other fishery species as may be determined by the Department: Provided, That catching of “sabalo” and other breeders/spawners for local breeding purposes or scientific or research purposes may be allowed subject to guidelines to be promulgated by the Department. Violation of the provision of this section shall be punished by imprisonment of six (6) months and one (1) day to eight (8) years and/or a fine of Eighty thousand pesos (P80,000.00) and forfeiture of the catch, and fishing equipment used and revocation of license. Exportation of Breeders, Spawners, Eggs or Fry. — Exportation of breeders, spawners, eggs or fry as prohibited in this Code shall be punished by imprisonment of eight (8) years, confiscation of the same or a fine equivalent to double the value of the same, and revocation of the fishing and/or export license/permit. Importation or Exportation of Fish or Fishery Species. — Any importation or exportation of fish or fisheries species in violation of this Code shall be punished by eight (8) years of imprisonment, a fine of Eighty thousand pesos (P80,000.00) and destruction of live fishery species or forfeiture of non-live fishery species in favor of the department for its proper disposition: Provided, That violator of this provision shall be banned from being members or stock holders of companies currently engaged in fisheries or companies to be created in the future, the guidelines for which shall be promulgated by the Department. Violation of Catch Ceilings. — It shall be unlawful for any person to fish in violation of catch ceilings as determined by the Department. Violation of the provision of this section shall be punished by imprisonment of six (6) months and one (1) day to six (6) years and/or a fine of Fifty thousand pesos (P50,000.00) and forfeiture of the catch, and fishing equipment used and revocation of license. Aquatic Pollution. — Aquatic pollution, as defined in this Code shall be unlawful. Violation of the provision of this section shall be punished by imprisonment of six (6) years and one (1) day to twelve (12) years and/or a fine of Eighty thousand pesos (P80,000.00) plus an additional fine of Eight thousand pesos (P8,000.00) per day until such violation ceases and the fines paid.