Module Title

Philippine IT and Related Laws

To

be knowledgeable about Philippine IT

and Related Laws

Objective

Revised Penal Code

DATE OF EFFECTIVENESS AND APPLICATION OF

THE PROVISIONS OF THIS CODE

Time when the Act takes effect The code

shall take effect on the first day of
January, nineteen hundred and thirty-two.

Application of its provisions. Except as

provided in the treaties and laws of
preferential application, the provisions of
this Code shall be enforced not only within
the Philippine Archipelago, including its
atmosphere, its interior waters and
maritime zone, but also outside of its
jurisdiction, against those who:

1. Should commit an offense while on a Philippine

ship or airship
2. Should forge or counterfeit any coin or currency
note of the Philippine Islands or obligations and
securities issued by the Government of the
Philippine Islands; Chan robles virtual law library
3. Should be liable for acts connected with the
introduction into these islands of the obligations
and securities mentioned in the presiding number;
4. While being public officers or employees, should
commit an offense in the exercise of their functions;
or
5. Should commit any of the crimes against national
security and the law of nations,

Felonies

1. By any person committing a felony

(delito) although the wrongful act done be
different from that which he intended.
2. By any person performing an act which
would be an offense against persons or
property, were it not for the inherent
impossibility of its accomplishment or an
account of the employment of inadequate
or ineffectual means

Criminal liability. Criminal

liability shall be incurred:

Special Criminal Laws

Apart from the crimes penalized in the

Revised Penal Code, several other pieces
of criminal legislation have been passed,
penalizing acts such as illegal possession
and trafficking of dangerous drugs, money
laundering, and illegal possession
of firearms. These laws are called Special
Penal Laws and they form part
of Philippine Criminal Laws.

Violations of the crimes listed in the Revised

Penal Code are referred to as mala in se,
which literally means, that the act is
inherently evil or bad or wrongful in itself.
On the other hand, violations of Special
Penal Laws are generally referred to as
malum prohibitum or an act that is wrong
because it is prohibited.

The

Internet is an international network and

there are currently no international laws
regulating pornography

The

availability of Pornography in the internet

is available in different formats. These range
from pictures and short animated movies, to
sound files and stories. Most of this kind of
pornographic content is available Through
(WWW or World Wide Web ) pages.

INTERNET PORNOGRAPHY

The main concern of parents and

Legislators in relation to the internet is
child Pornography;
Child
pornography is pornography that exploit
s
children for sexual stimulation. It may be
produced with the direct involvement
or sexual assault of a child.

Child Pornography

Laws regarding child pornography generally

include sexual images involving
prepubescents, prepubescent is
a person who has not yet reached puberty,
pubescent or post-pubescent minors and
computer-generated images that appear to
involve them. Most possessors of child
pornography who are arrested are found to
possess images of prepubescent children

The NCMEC estimated in 2003 that 20 percent of all

pornography traded over the Internet was child
pornography, and that since 1997 the number of
child pornography images available on the Internet
had increased by 1500 percent.
Much of the trade in child pornography takes place at
hidden levels of the Internet. It has been estimated
that between 50,000 and 100,000 pedophiles are
involved in organized pornography rings around the
world. Digital cameras and Internet distribution
facilitated by the use of credit cards and the ease of
transferring images across national borders has
made it easier than ever before for users of child
pornography to obtain the photographs and videos.

The Unfair Competition Act

Unfair competition may occur in games if a

participant in some way deviates from the
rules of the game, or has privileged access to
important information or resources that
should in principle be available to all
participants in the game, or none of them.
Participation in the game normally assumes
that participants have an equal ability to
compete in relevant respects, or are able to
acquire it during the game.

Sport

Sometimes unfair competition is also

interpreted to mean that the existence of
competition as such is unfair or unjust.
The argument is then that there should
not be any competition. In this case, the
alternative to unfair competition is not fair
competition, but no competition
or cooperation.

Cooperation

Unfair competition in commercial

law refers to a number of areas of law
involving acts by one competitor or group
of competitors which harm another in the
field, and which may give riseto criminal
offenses and civil causes of action. The
most common actions falling under the
banner of unfair competition include:

Commercial Law

Antitrust

violations constituting unfair

competition occur when one competitor
attempts to force others out of the market
(or prevent others from entering the
market) through tactics such as predatory
pricing or obtaining exclusive purchase
rights to raw materials needed to make a
competing product.
Trademark infringement, which occur when
the maker of a product uses a name, logo,
or other identifying characteristics to deceive
consumers into thinking that they are buying
the product of a competitor.

Misappropriation

of trade secrets, which

occurs when one competitor uses espionage
, bribery, or outright theft to obtain
economically advantageous information in
the possession of another.
Trade libel, the spreading of false
information about the quality or
characteristics of a competitor's products, is
prohibited at common law.
Tortious interference, which occurs when one
competitor convinces a party having a
relationship with another competitor to
breach a contract with, or duty to, the other
competitor is also prohibited at common law.