Summary
Highlights
This warrant authorizes law enforcement to listen, record, monitor, or surveil the content of communications and procure computer data directly or indirectly through electronic eavesdropping.
The rule on cybercrime warrants covers procedures for application, granting of warrants, and related orders. This includes the preservation, disclosure, interception, search, seizure, examination, custody, and destruction of computer data as per the Cybercrime Prevention Act of 2012.
There are four types of cybercrime warrants: Warrant to Disclose Computer Data, Warrant to Intercept Computer Data, Warrant to Search, Seize, and Examine Computer Data, and Warrant to Examine Computer Data.
This warrant is an order from a judge, upon application by law enforcement, requiring a person or service provider to disclose subscriber information, traffic data, or relevant data in their possession.
This warrant allows law enforcement to search a specific place for items, seize them, and examine computer data. A Warrant to Examine Computer Data is specifically required after lawful acquisition of a computer device or system (e.g., via warrantless arrest) for forensic examination prior to searching.
Before issuing a warrant, a judge must personally examine the applicant and witnesses through searching questions and answers, documented in writing and under oath, with their sworn statements and judicial affidavits attached to the record.
For violations of Sections 4 and 5 of the Cybercrime Prevention Act, applications are filed with designated cybercrime courts in the province or city where the offense or its elements occurred. Specific cybercrime courts in Quezon City, Manila, Makati, Pasig, Cebu, Iloilo, Davao, and Cagayan De Oro have nationwide and extraterritorial authority. For violations of Section 6 (other crimes using ICT), applications are filed with regular or specialized Regional Trial Courts within their territorial jurisdiction.
A cybercrime warrant is effective for a period determined by the court, not exceeding 10 days from issuance. This period can be extended once for another 10 days based on justifiable reasons. A search warrant is valid for 10 days, after which it becomes void.
Cybercrime warrants can be served extraterritorially for individuals or service providers outside the Philippines. Service of warrants and other court processes is channeled through the Department of Justice Office of Cybercrime, adhering to relevant international instruments and agreements.
The Rules of Court apply to cases covered by the rule on cybercrime warrants. This rule supplements existing criminal procedure rules, which continue to govern preliminary investigation and all stages of prosecution for violations of the Cybercrime Prevention Act and other related laws involving Information and Communications Technologies.