WHILE the Philippines has made significant progress in cybercrime laws, threats and perpetrators continually evolve, highlighting the need for adaptive and expansive responses, Chief Justice Alexander Gesmundo has said.
In his lecture, “Cybercrime and Our Laws,” delivered during the Guam Law Library Legal Education Summit on July 5 to 6, Gesmundo said the threats of cybercrimes and their perpetrators were constantly upgrading, “so must we and our tools.”
“The crimes they commit continue to recognize no borders, and so our efforts in response must be as broad and expansive,” he said.
Gesmundo traced the development of the Philippine legal framework on cybercrime, highlighting Republic Act 10175, the Cybercrime Prevention Act of 2012.
He cited the landmark case Disini v. Secretary of Justice (GR 203335, Feb. 11, 2014), the only Supreme Court decision dealing comprehensively with RA 10175, which upheld the law’s constitutionality despite challenges to its provisions on freedom of expression, due process, equal protection and privacy of communications.
Gesmundo also discussed the 2021 case of Cadajas v. the People, which examined the balance between privacy rights and access to electronic evidence.
He noted that despite significant progress in cybercrime legislation, continuous technological advancements and methods cybercriminals use require equally dynamic and expansive legal measures.
In the first quarter of 2024, the Philippine National Police Anti-Cybercrime Group documented 4,469 cybercrimes, 21.84 percent higher than the previous year’s figure.
The chief justice said the Supreme Court’s Special Committee on Cybercrime and Electronic Evidence was studying amending the Rules on Cybercrime Warrants.
The Department of Justice has also created a Technical Working Group to develop guidelines on Cybercrime Investigation and Prosecution.
Gesmundo said the initiatives aim to enhance the capacity of the criminal justice system to handle cybercrime, particularly in managing electronic evidence.
The Philippine delegation to the Guam summit included Chief Justice Gesmundo and Associate Justice Jose Midas P. Marquez, Guam Chief Justice Robert Torres, Jr., Washington State Chief Justice Steven González, and United States Court of Appeals Judge Michelle Childs.
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