Module 13 & 14: Related Philippine Laws and Computer Crimes

QUESTION:

     Research on ten Philippine e-commerce related crimes that were successfully solved by the government. State the crime committed, name of criminals, court's decision and include the source of your information.

ANSWER:

 

The following are successfully solved by the government which related to Philippine e-commerce crimes: 

1. Filipino hacker 

Crime committed: Hacking the government portal "gov.ph" and other government websites.
Name of Criminal(s): JJ Maria Giner 

Court’s Decision: According to Criminal Case No. 419672-CR filed at Branch 14 of the Metropolitan Trial Court of Manila under Judge Rosalyn Mislos-Loja, a copy which was shown to INQ7.net, Giner was sentenced to one to two years of imprisonment and will pay a fine of 100,000 pesos. 

Source: http://www.crime-research.org/news/29.09.2005/1519/

2. Filipino call center agent found guilty of hacking

Crime committed: Hacking a company's system to steal credit card information.
Name of Criminal(s): Jeffric Carlos Abiera

Court’s Decision: He was sentenced Thursday by the Quezon City metropolitan court to a minimum imprisonment of one to two years plus a fine of P100,000 ($5,858) in violation of section 33 of the E-Commerce Law.

Source: http://www.networkworld.com/news/2006/050406-filipino-call-center-agent-hacking.html

3. Filipino call center agent found guilty of hacking

Crime committed:  Hacking - The cybercrime involves a former employee of a local manufacturing company accused of stealing company(VMC) secrets.
Name of Criminal(s): Roschelle Claro

Court’s Decision: The case is under preliminary investigation following the filing of the investigators from the NBI-AFCCD. And she faces other charges for violating laws on qualified theft, libel and revelation of secrets, which is an offense under article 292 of the Revised Penal Code. Thus, the Department of Justice and the Commission on Information and Communications Technology are working with various stakeholders on a cybercrime bill that aims to strengthen existing laws related to high-tech crimes or crimes committed using technology.

Source: http://www.crime-research.org/news/09.07.2008/3443/

4. 11 convicted for video piracy

Crime committed:  Video Piracy
Name of Criminal(s): (11 Chinese nationals) Jiang Ming Zhi, Jhuang Shang Ti  Zheng Huo Yan, Joshua Chen, Lee Hokbeng, Johan Ang, Uang Zhu Sy, Wen Jhong, William Tan, Kim Diang and Ong Wen San

Court’s Decision: In a two-page decision, Judge Floro Alejo found accused 11 Chinese nationals were guilty beyond reasonable doubt and meted them three months and one day terms and each to pay a fine of P500,000 with subsidiary imprisonment in case of insolvency.

Source: http://www.philstar.com/Article.aspx?articleId=231564

5.  Philippines' Landmark Hacking Case Goes To Trial

Crime committed: Hacking - ( illegally accessed the school's computer system )
Name of Criminal(s): Leilani Garcia and Cesar Mañalac

Court’s Decision: The criminals were charged with violating a provision of RA 8792, also known as the e-commerce act of 2000. And it was filed by the National Bureau of Investigation (NBI). But then, during the trial, Robert Lim, counsel for the accused, filed a motion to dis­miss the case. The presiding judge rejected the move saying the case was "only on its first day of trial."
Lim questioned the documents presented by the plaintiffs and demanded that the contending party issue a list of evidences allegedly used by Garcia to commit the unauthorized access.

Source: http://www.pinoyexchange.com/forums/showthread.php?t=99590 and http://lsu-cs192.blogspot.com/

6. Crime  Committed: ILOVEYOU VIRUS which infected millions of computers worldwide.

Crime committed: ILOVEYOU VIRUS which infected millions of computers worldwide.
Name of Criminal(s): Onel de Guzman

Court’s Decision: Charges against him in our country were dismissed, mainly because we had not yet passed legislation addressing the crimes he had committed. The public around the world is justifiably outraged.

Source: COUNTRY REPORT ON CYBERCRIME: THE PHILIPPINES by Gilbert C. Sosa*

7. Credit group hails fraud convictions

Crime committed:  Credit Card Fraud
Name of Criminal(s): Lim King  and Leung Hung Ying

Court’s Decision: The Credit Card Association of the Philippines (CCAP) hailed the conviction for fraud of two Asian foreigners by a local court. The judge sentenced each to three years in jail and a fine of P121,738. The two pleaded guilty when charged, which explained the lighter jail term, normally a maximum of five years, and lower fine.

Source: http://www.philstar.com/Article.aspx?articleId=95600

8. Woman nabbed for credit card fraud

Crime committed:  Credit Card Fraud
Name of Criminal(s): Melinda Asuncion

Court’s Decision: There's no update found on the internet about court's decision in this case. But, Sitty Anisa Mauna, filed a complaint before the Manila Police Department after discovering that her HSBC credit card was used without her knowledge.

Source: http://www.abs-cbnnews.com/nation/metro-manila/08/11/11/woman-nabbed-credit-card-fraud
 

9. Convicted for video piracy

Crime committed:  Reproduction and sale of pirated materials.   
Name of Criminal(s): Raffy Bitancor

Court’s Decision:  Bitancor was sentenced by Pasig Regional Trial Court Judge Jose R. Hernandez to suffer the straight penalty of one year imprisonment and a fine of P50,000 for each of the two offenses for engaging in the reproduction and sale of pirated materials. Fourteen others, including a couple from Bicol, were sentenced to appropriate imprisonment and fine for engaging in film piracy.

Source: http://www.philstar.com/Article.aspx?articleId=231564

10. Businessman convicted for software piracy  

Crime committed:  Software piracy
Name of Criminal(s): Nestor Yao

Court’s Decision: He was found guilty on two criminal cases filed against him, according to a decision of Judge Antonio Eugenio Jr. of Branch 24 of the Regional Trial Court of Manila. The local businessman faces a prison sentence of one year for one case, and three to six years for the other case. The court also required him to pay a total of 200,000 pesos.

Source: http://www.ulop.net/forum/4-lounge/267408-raid-in-brgy-rizal-makati-part2?limit=10&start=80