In an increasingly digital landscape, the Philippine National Police (PNP) – Anti-Cybercrime Group (ACG) serves as the primary enforcement arm against digital crimes. Filing a formal complaint requires adherence to specific procedural and evidentiary standards to ensure that cases are actionable under Republic Act No. 10175, otherwise known as the Cybercrime Prevention Act of 2012.
I. Preliminary Considerations
Before proceeding to the PNP-ACG, a complainant must determine if the offense falls under cyber-prosecutable acts. These generally include:
- Offenses against the confidentiality, integrity, and availability of computer data and systems (e.g., Hacking, Identity Theft).
- Computer-related Offenses (e.g., Computer-related Fraud, Forgery).
- Content-related Offenses (e.g., Cyber-libel, Cyber-squatting, Online Child Abuse).
II. Basic Documentary Requirements
The PNP-ACG requires a standard set of documents to establish the identity of the complainant and the nature of the grievance.
- Valid Government-Issued ID: A clear photocopy and the original for verification (e.g., Passport, Driver’s License, UMID).
- Sworn Statement (Affidavit of Complaint): This is a detailed, chronological account of the incident. It must be subscribed and sworn to before a dry-seal notary public or a PNP-ACG authorized officer.
- Complaint Sheet: An internal form provided by the PNP-ACG office at the time of filing.
III. Technical Evidence Requirements
Digital evidence is fragile and easily altered. The PNP-ACG emphasizes the "chain of custody" and the preservation of original data. Requirements vary based on the specific crime:
A. For Cyber-Libel or Online Harassment
- Screenshots: Printed copies of the defamatory posts, comments, or messages. These should include the URL (link) of the profile or the specific post.
- Timestamps: Visible dates and times of the interactions.
- Profile Links: The direct URL to the suspect’s social media account (e.g.,
facebook.com/username).
B. For Computer-Related Fraud (Online Scams)
- Proof of Transaction: Deposit slips, screenshots of mobile banking transfers (GCash, PayMaya, etc.), or official receipts.
- Communication Logs: Screenshots of conversations (Viber, Messenger, WhatsApp) showing the agreement and the subsequent fraudulent act.
- Account Details: The bank account number or mobile wallet number of the perpetrator.
C. For Hacking or Unauthorized Access
- System Logs: If applicable, logs showing unauthorized IP addresses or login times.
- Notice of Breach: Any automated emails from service providers (Google, Facebook) notifying the user of a password change or login from an unrecognized device.
IV. The Filing Process
The procedure for filing is structured to ensure that evidence is legally admissible in court.
| Step | Action | Description |
|---|---|---|
| 1 | Preservation | Do not delete the messages or deactivate your account. Save URLs and take screenshots immediately. |
| 2 | Visit PNP-ACG | Proceed to the PNP-ACG Headquarters (Camp Crame, Quezon City) or the nearest Regional Anti-Cybercrime Unit (RACU). |
| 3 | Initial Interview | A duty investigator will conduct a preliminary interview to see if the complaint has merit. |
| 4 | Technical Evaluation | Digital forensic examiners may review the provided screenshots and links to verify their authenticity. |
| 5 | Execution of Affidavit | Once the evidence is validated, the formal Sworn Statement is signed and notarized. |
V. Important Legal Notes
- The "Rule on Cybercrime Warrants": If the case requires the disclosure of computer data (like getting subscriber info from a Telco), the PNP-ACG must apply for a Warrant to Disclose Computer Data (WDCD) from the court.
- Prescription Period: For most cybercrimes, the period to file is longer than traditional crimes. Cyber-libel, for instance, has a prescription period of twelve (12) years based on recent jurisprudence, though immediate filing is always recommended for evidence integrity.
- Jurisdiction: Under R.A. 10175, Philippine courts have jurisdiction over any person who commits a cybercrime, provided the offense is committed against a Philippine national or if the computer system used is located in the Philippines.