Dear PAO,

Republic Act (RA) 10175, otherwise known as the Cybercrime Prevention Act of 2012, says that the NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act. Does this provision mean that other investigative units or agencies — of the NBI, PNP or other agencies — are proscribed from initiating/handling a complaint involving a violation of the Cyber Crime Prevention Act?

Mario

Dear Mario,

The answer to your question is no. To elucidate this point, allow me to lead your attention to the pertinent provisions of Republic Act 10175, viz.:

“Section 10. Law Enforcement Authorities. – The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.”

Indeed, the law directs both the NBI and the PNP to organize a special unit to handle cyber-related offenses, but this does not mean only such units have the power to do the investigation, to the exclusion of others. As the Department of Justice–Office of Cybercrime clarified in its Advisory Opinion 1, series of 2018:

“The phrase ‘to exclusively handle cases involving violations of this act in Section 10 of R.A. No. 10175’ does not confer to the NBI-CCD and PNP-ACG the sole authority and competence in handling cyber-related cases. Rather, the exclusivity phrase provides a limitation on the type of cases that may be handled by the NBI-CCD and PNP-ACG, thus bolstering their status as specialized units.

“Thus, nothing precludes other investigative units or agencies to receive and act on complaints/referrals, and cause the investigation of cyber-related offenses, such as online child abuse, selling of prohibited drugs online, and/or other crimes punishable under the Revised Penal Code (RPC) and special laws, if committed by, through and with the use of information and communication technology (ICT).

“Unlike in the investigation of cybercrime, such as illegal access, illegal interception, data or system interference, where the NBI-CCD and PNP-ACG are the most appropriate units to conduct investigation, the investigation of cyber-related offenses may be appropriately undertaken by other specialized unit or agencies.” (Emphasis and Underscoring Supplied)

Applying the foregoing to your query, nothing precludes other investigative units or agencies to receive and act on complaints/referrals and cause the investigation of cyber-related offenses. As discussed in the above-quoted provision — the phrase “to exclusively handle cases involving violations of this act in Section 10 of Republic Act (RA) Number 10175” does not confer to the NBI-CCD and PNP-ACG the sole authority and competence to handle cyber-related cases. Instead, the exclusivity phrase merely provides a limitation on the type of cases that may be handled by the NBI-CCD and PNP-ACG with the view of bolstering their status as specialized units.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]