The digital landscape in the Philippines is governed primarily by Republic Act No. 10175, otherwise known as the Cybercrime Prevention Act of 2012. As online interactions increase, so does the prevalence of digital offenses ranging from online scams and identity theft to cyber-libel.
If you have been a victim of a digital crime, understanding the proper legal procedure is essential to ensuring that the perpetrators are held accountable.
1. Identify the Offense
Before filing, determine if the act falls under the jurisdictions of RA 10175. Common cybercrimes include:
- Offenses against the confidentiality, integrity, and availability of computer data: Hacking, data interference, and system interference.
- Computer-related Offenses: Computer-related fraud, identity theft, and forgery.
- Content-related Offenses: Cyber-libel, online child abuse, and "revenge porn" (under the Anti-Photo and Video Voyeurism Act).
2. Preserve Evidence
Digital evidence is volatile and can be deleted in seconds. Do not alert the perpetrator before you have secured your proof.
- Screenshots: Capture conversations, profile URLs, posts, and timestamps.
- Metadata: Keep original emails (with headers) and digital files.
- Transaction Records: Save receipts, deposit slips, or mobile wallet transaction IDs if the crime involves money.
- URLs: Always copy the direct link to the offending profile or post, not just the name displayed.
3. Where to File the Complaint
In the Philippines, there are two primary agencies dedicated to handling cybercrime:
| Agency | Department | Best For |
|---|---|---|
| PNP-ACG | Philippine National Police Anti-Cybercrime Group | Immediate police assistance, tracking suspects, and walk-in complaints. |
| NBI-CCD | National Bureau of Investigation Cybercrime Division | Complex investigations, white-collar cyber-fraud, and technical forensics. |
Location Note: You may visit the PNP-ACG headquarters at Camp Crame, Quezon City, or their regional field units. The NBI-CCD is located at the NBI Building in Taft Avenue, Manila, or their various regional offices.
4. The Step-by-Step Process
Step A: Initial Reporting
You can initiate the process through several channels:
- Walk-in: This is the most effective method. You will be asked to fill out a complaint form and undergo an initial interview.
- Online Portals: The PNP-ACG and NBI have websites and social media pages (e.g., the "i-Abante Mo" portal) for preliminary reporting, though a physical appearance is usually required to swear in the complaint.
Step B: Evaluation and Affidavit
A duty agent or investigator will evaluate your evidence. If the case has merit, you will be required to execute a Sworn Statement (Affidavit). This document outlines the "who, what, when, where, and how" of the crime.
Step C: Investigation and Verification
The agency will conduct a "build-up." This may involve:
- Applying for a Warrant to Disclose Computer Data (WDCD) to get info from Service Providers (like Facebook or Telcos).
- Forensic examination of devices.
Step D: Filing with the Prosecutor
Once the investigation is complete and a suspect is identified, the agency will refer the case to the Department of Justice (DOJ) or the local Prosecutor's Office for Inquest (if the suspect was caught in the act) or Preliminary Investigation.
5. Important Legal Considerations
- Prescription Period: For cyber-libel, the prescriptive period is currently a subject of legal debate, but it is generally safer to file within one year of discovery. Other cybercrimes have longer prescription periods (up to 15 years).
- Double Jeopardy: You cannot be charged under both the Cybercrime Law and the Revised Penal Code for the same act if the elements are identical.
- Confidentiality: Under the law, all victims of cybercrime have the right to privacy during the investigation.
Note: Filing a police report is free. Do not pay "fees" to have your case investigated by the PNP or NBI.
Would you like me to draft a template for a Sworn Statement (Affidavit) that you can use as a reference for your complaint?