James Keith C. Heffron
De La Salle University, Manila, Philippines
Heffron Esguerra Dy & de Jesus Law Office
Tycoon Centre, Pearl Drive, Ortigas Center 1605, Pasig City
james.heffron@dlsu.edu.ph / jkheffron@hedjlaw.com

Year: July 2014
Volume: 24 No. 1
Pages: 96-103

Abstract:

Relatively new breeds of technology-related felonies called “cybercrimes” have proven to be a bane to different sectors of society, especially to business. The glaring damaging effects that it has caused to different business industries cannot anymore be ignored. However, is the Philippines adequately protected? Are its present laws sufficient to tackle the prongs of this blight? On the contrary, are these laws too myopically focused on eliminating cybercrime that certain freedoms have been overlooked, or worse, compromised? The aim of this paper is to essentially give an overview of the current protection and its effects on our basic rights. A special focus is given on the Cybercrime Prevention Act of 2012 and the perceived constitutionality or unconstitutionality of its provisions. The paper also aims to recommend a plausible alternative, which may provide an answer to the objectives of the anti-cybercrime thrust of the government but without sacrificing the consitutuional rights of the people.