17-11-03-SC rule on cybercrime warrants

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TABLE OF CONTENTSPageResolution - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - iiiSection 1. Preliminary Provisions - - - - - - - - - - - - - - - - - - - - - lSection 2. General Provisions 5Section 3. Preservation of Computer Data - - - - - - - - - - - - - - - - 8Section 4. Disclosure of Computer Data - - - - - - - - - - - - - - - - - 8Section 5. Interception of Computer Data - - - - - - - - - - - - - - - l 0Section 6. Search, Seizure, and Examination of ComputerData - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - 11Section 7. Custody of Computer Data - - - - - - - - - - - - - - - - 14Section 8. Destruction of Computer Data - - - - - - - - - - - - - 16FormsAnnex A. Warrant to Disclose Computer Data - - - - - - - - - - - - - 18Annex B. Warrant to Intercept Computer Data - - - - - - - - - - - - - 20Annex C. Warrant to Search, Seize, and ExamineComputer Data - - - - - - - - - - - - - - - - - - - - - - - 22Annex D. Warrant to Examine Computer Data - - - - - - - - - - - - 24
3aepubltc of tbe ~biltpptnes$->upreme <!Court;!fmanilaEN BANCA.M. No.17-11-03-SCRESOLUTIONWHEREAS, Republic Act No. 10175, otherwise known as the"Cybercrime Prevention Act of 2012," defines acts constituting cybercrimeoffenses; prescribes penalties therefor; and provides procedures facilitatingtheir detection, investigation, and prosecution;WHEREAS, the detection, investigation, and prosecution of cybercrimeoffenses necessitate a rule of procedure therefor, especially for theapplication, issuance, and implementation of court warrants technically-suitedto the nature of cybercrime offenses;WHEREAS, pursuant to Section 5 (5), Article VIII of the 1987Constitution, the Supreme Court is vested with the power to promulgate rulesconcerning the pleading, practice, and procedure in all courts;WHEREAS, the Supreme Court, through Memorandum Order No. 11-17 dated February 2, 2017, tasked the Sub-Committee on Commercial Courtsto draft the rules of procedure "that shall respond to the technical requirementsof cybercrime prosecution and aid the cybercrime courts in the exercise oftheir special jurisdiction" through a Technical Working Group created for thepurpose;WHEREAS, the Supreme Court, through A.M. No. 17-11-03-SC datedJuly 3, 2018, approved the Rule on Cybercrime Warrants.NOW, THEREFORE, acting on the recommendation of the SubCommittee on Commercial Courts, the Court resolved to APPROVE the"Rule on Cybercrime Warrants."The Rule on Cybercrime Warrants shall take effect on August 15, 2018following its publication in the Official Gazette or in two newspapers ofnational circulation not later than July 3 0, 2018.
Page 1: SLNVIDIV A\ :tl:WiltJll:fllL\3 NO :
Page 5 and 6: A.M. No. 17-11-03-SCRULE ON CYBERCR
Page 7 and 8: A.M. No. 17-11-03-SCprocess, receiv
Page 9 and 10: A.M. No. 17-11-03-SCwhere any part
Page 11 and 12: A.M. No. 17-11-03-SCSection 3. Pres
Page 13 and 14: A.M. No. 17-11-03-SCLaw enforcement
Page 15 and 16: A.M. No. 17-11-03-SCcontain an expl
Page 17 and 18: A.M. No. 17-11-03-SCIt is the duty
Page 19 and 20: A.M. No. 17-11-03-SCcourt that issu
Page 21 and 22: A.M. No. 17-11-03-SCAnnex A- Warran
Page 23 and 24: A.M. No. 17-11-03-SCAnnex B - Warra
Page 25 and 26: A.M. No. 17-11-03-SCAnnex C - Warra
Page 27 and 28: A.M. No. 17-11-03-SCAnnex D- Warran

17-11-03-SC rule on cybercrime warrants

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