A.M. No. 17-11-03-SCJuly 3, 2018a:c:.~ANTONIO T. CARPIOSenior Associate Justice(Per Section 12, Republic Act No. 296,The Judiciary Act of 1948, As Amended)J. VELASCO, JR.j~~dR&kTERESITA J. LEONARDO-DE CASTROAssociate JusticeARIANO C. DEL CASTILLOAssociate JusticeMJL~ESTELA NU PERLAS-BERNABEAssociate JusticeAssociate Justice' - (NOEL \ ~~~~ TIJAMA~l:;IticeANDREAsso{i uREYES, JR.e Justice1
A.M. No. 17-11-03-SCRULE ON CYBERCRIME W ARRANTS 1Section 1. Preliminary ProvisionsSection 1.1. Title. - This Rule shall be known and cited as the "Rule onCybercrime Warrants."Section 1.2. Scope and Applicability. - This Rule sets f01ih the procedure forthe application and grant of warrants and related orders involving thepreservation, disclosure, interception, search, seizure, and/or examination, aswell as the custody, and destruction of computer data, as provided underRepublic Act No. (RA) 10175, otherwise known as the "CybercrimePrevention Act of 2012." 2Section 1.3. Supplementary Nature of this Rule to the Existing Rules ofProcedure and Remedies. - This Rule supplements the existing Rules ofCriminal Procedure, which provisions shall continue to govern thepreliminary investigation and all stages of prosecution of criminal actionsinvolving violations of RA 10175, including all crimes defined and penalizedby the Revised Penal Code, as amended, and special laws, committed by,through, and with the use of information and communications technologies.Remedies provided under existing procedural rules shall, wheneverapplicable, be made available to any party who seeks relief against any of theorders provided under this Rule. 3Section 1.4. Definition of Terms. -For purposes of this Rule:a) Communication - refers to the transmission of informationthrough information and communications technology (ICT)media, including voice, video, and other forms of data; 4b) Computer - refers to an electronic, magnetic, optical,electrochemical, or other data processing or communicationsdevice, or grouping of such devices, capable of perfonninglogical arithmetic, routing, or storage functions and whichincludes any storage facility or equipment or communications"Rule" instead of Rules of Procedure to indicate that the provisions pe1tain to one set of standardsconcerning only search, seizure, examination and related processes set fmih in the CybercrimePrevention Act of2012 (RA 10175). The provisions do not spell out any other procedure of litigatingcriminal, civil actions or special proceedings. Besides, when one talks about a rule or rules, it alreadyconnotes a procedure or set of procedures. Thus, "Rules of Procedure" would be saying the same thingin three words instead of just one word.2Sections 10 to 21, except Sections 12 and 19.3Such remedies as, but not limited to, a motion to quash any of the warrants provided under this Rule.4RA 10175, Chapter I, Section 3(c); IRR, Rule I, Section 3(g).2
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