Cybercrime warrant

The rule on the cybercrime warrant is an off shoot of the cybercrime law. There is now an existing law
that punishes crimes or offenses defined as cyber in nature. A cybercrime warrant is just like your
regular search warrant but subject to rules peculiar only to cybercrimes warrant.
Under ROC Rule 126, the application for a search warrant is required to be filed in the proper court
within whose territorial jurisdiction where the crime is committed subject to the exception of compelling
reason. It may be applied in the proper court within the same judicial region exercising territorial
jurisdiction in the place where the crime was committed or if the place of the crime was not known, the
court within the same judicial region having territorial jurisdiction over the place of enforcement.
Under cybercrime warrant, the application for a cybercrime warrant is required to be filed in the
following possible venues designated as cybercrime courts:
1. The cybercrime court of the place where the crime is committed
2. The cybercrime court or a regular court, in the absence of a cybercrime court, where the damage
to the offended party occurred
3. The cybercrime court or a regular court, in the absence of a cybercrime court, of the place where
any of the computer/electronic device used in the commission of the crime or part thereof is
situated
So, let’s say Ms. Camposano is renting an apartment along Junquera St. and the apartment is owned by
Mr. Manit. Mr. Manit is technical guy/expert in IT. Unknown to Ms. Camposano, Mr. Manit installed
CCTV inside the room rented by Ms. Camposano and this CCTV is connected to his vast network of
communication and technological equipment operating in Manila, Davao, and Cebu. Mr Manit has
always access to these CCTV, where when Mr. Manit is in Manila, he can monitor Ms. Camposano in
her apartment in Cebu.
Under the rule on cybercrime warrant, if the authorities intend to apply for a cybercrime warrant, the
application may be filed in the cybercrime court in Cebu where the crime is committed. It may also be
filed in the cybercrime court in Manila where part of the equipment used is located. Also, can be filed
in Davao. It can also be filed in Jolo, where Ms. Camposano, being a muslim princess, is a prominent
personality there. It can also be filed in Jolo because it is where her reputation is injured/damaged.
Your regular search warrant has a lifespan of 10 days and it dies naturally. However, a cybercrime
warrant has a lifespan of 10 days but extendible for another period of 10 days. The rule does not prohibit
further extensions. So, an argument can be made that so long as there is justifiable reason, the
cybercrime search warrant may be extended as many times as may be necessary. Although the SC can
always say that that is the farthest you can go, another 10 days. But based on the phraseology of the
rules, it does not prohibit the extension. The extension should be based on valid grounds.
There are 4 warrants covered by the rules of cybercrime warrants.
1. Warrant to disclose computer data
- It is an order issued by the court in the name of the people of the Philippines authorizing
the law enforcement agency who applied for the warrant to direct any person to produce
and submit any computer data suspected to be involved in the commission of the
cybercrime.
- The order is directed to the applicant/law enforcement officer and not to the
accused/suspect. That warrant authorizes the law enforcement officer to direct the suspect
to submit/produce the subject computer data.
- So, if SPO2 Manit suspects that Ms. Camposano is engaged in child pornography and
evidence of the child pornography can be found inside her computer devices, the law
 enforcement agency concerned may direct Ms. Camposano to disclose/submit computer
data pursuant to the warrant to disclose computer data.
2. Warrant to intercept computer data
- Lets say Ms. Camposano is suspected to be engaged in child pornography in conspiracy
with Mr. Manit and in the course of the commission of the crime, they continuously
exchange cyber communications and the authorities intend to intercept their cyber
communication. All that the officer will do is to apply of this warrant, so that the law
enforcement officer concerned may conduct surveillance and intercept/monitor any
computer data. In our example, this is the electronic communication exchanged by Mr.
Manit and Ms. Camposano.
- The purpose is to intercept
3. Warrant to seize and examine