Faithful Compliance with Section 2.1 and Section 2.2 of the Rule on Cybercrime Warrants Duly Approved by the Court En Banc through A.M. No. 17-11-03-SC dated 3 July 2018
OCA Circular No. 131-2019 emphasizes the importance of adhering to specific provisions of the Rule on Cybercrime Warrants regarding the venue for criminal actions and the filing of warrant applications. Criminal actions related to cybercrime offenses must be filed in designated cybercrime courts located in the area where the offense occurred or where the computer system involved is situated. Law enforcement authorities are instructed to file applications for warrants in these designated courts, particularly in major cities, which have nationwide enforcement authority. Additionally, violations of other crimes using ICT should be filed with regular or specialized regional trial courts within their territorial jurisdiction. Strict compliance with these provisions is mandated.
Quick Answers
- What is Faithful Compliance with Section 2.1 and Section 2.2 of the Rule on Cybercrime Warrants Duly Approved by the Court En Banc through A.M. No. 17-11-03-SC dated 3 July 2018 about?
- OCA Circular No. 131-2019 emphasizes the importance of adhering to specific provisions of the Rule on Cybercrime Warrants regarding the venue for criminal actions and the filing of warrant applications. Criminal actions related to cybercrime offenses must be filed in designated cybercrime courts located in the area where the offense occurred or where the computer system involved is situated. Law enforcement authorities are instructed to file applications for warrants in these designated courts, particularly in major cities, which have nationwide enforcement authority. Additionally, violations of other crimes using ICT should be filed with regular or specialized regional trial courts within their territorial jurisdiction. Strict compliance with these provisions is mandated.
- What type of law is OCA Circular No. 131-2019?
- Faithful Compliance with Section 2.1 and Section 2.2 of the Rule on Cybercrime Warrants Duly Approved by the Court En Banc through A.M. No. 17-11-03-SC dated 3 July 2018 (OCA Circular No. 131-2019) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Faithful Compliance with Section 2.1 and Section 2.2 of the Rule on Cybercrime Warrants Duly Approved by the Court En Banc through A.M. No. 17-11-03-SC dated 3 July 2018 enacted?
- Faithful Compliance with Section 2.1 and Section 2.2 of the Rule on Cybercrime Warrants Duly Approved by the Court En Banc through A.M. No. 17-11-03-SC dated 3 July 2018 (OCA Circular No. 131-2019) was enacted on Jul 23, 2019.
- What is the citation for Faithful Compliance with Section 2.1 and Section 2.2 of the Rule on Cybercrime Warrants Duly Approved by the Court En Banc through A.M. No. 17-11-03-SC dated 3 July 2018?
- Faithful Compliance with Section 2.1 and Section 2.2 of the Rule on Cybercrime Warrants Duly Approved by the Court En Banc through A.M. No. 17-11-03-SC dated 3 July 2018, OCA Circular No. 131-2019, Jul 23, 2019 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 131-2019
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
July 23, 2019
OCA CIRCULAR NO. 131-2019
| TO | : | All Judges and Clerks of Court of Commercial Cybercrime Courts |
| SUBJECT | : | Faithful Compliance with Section 2.1 (Venue of Criminal Actions) and Section 2.2 (Where to File an Application for a Warrant) of the Rule on Cybercrime Warrants Duly Approved by the Court En Banc through A.M. No. 17-11-03-SC dated 3 July 2018 |
Acting on the letter dated 8 July 2019 of Hon. Estela M. Perlas-Bernabe, Associate Justice and Chairperson, Sub-Committee on Commercial Courts, requesting for the circularization of the specific provisions, particularly Section 2.1 (Venue of Criminal Actions) and Section 2.2 (Where to File an Application for a Warrant) of the Rule on Cybercrime Warrants (RCW) which was approved by the Court En Banc through A.M. No. 17-11-03-SC dated 3 July 2018, all concerned are hereby EXHORTED to OBSERVE and COMPLY with said Sections 2.1 and 2.2 of RCW, the full text of which is as follows:
Section 2.1. Venue of Criminal Actions. — The criminal actions for violation of Section 4 (Cybercrime offenses) and/or Section 5 (Other offenses), Chapter II of RA 10175, shall be filed before the designated cybercrime court of the province or city where the offense or any of its elements is committed, or where any part of the computer system used is situated, or where any of the damaged caused to a natural or juridical person took place: Provided, that the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of the other courts. HSCATc
All other crimes defined and penalized by the Revised Penal Code, as amended, and other special laws, committed by, through, and with the use of ICT, as provided under Section 6, Chapter II of RA 10175, shall be filed before the regular or other specialized regional trial courts, as the case may be.
Section 2.2. Where to File an Application for a Warrant. — An application for a warrant under this Rule concerning a violation of Section 4 (Cybercrime Offenses) and/or Section 5 (Other Offenses), Chapter II of RA 10175 shall be filed by the law enforcement authorities before any of the designated cybercrime courts of the province or the city where the offense or any of its elements has been committed, is being committed, or is about to be committed, or where any part of the computer system used is situated, or where any of the damage caused to a natural or juridical person took place. However, the cybercrime courts in Quezon City, the City of Manila, Makati City, Pasig City, Cebu City, Iloilo City, Davao City and Cagayan de Oro City shall have the special authority to act on applications and issue warrants which shall be enforceable nationwide and outside the Philippines.
On the other hand, an application for a warrant under this Rule for violation of Section 6, Chapter II of RA 10175 (all crimes defined and penalized by the Revised Penal Code, as amended, and other special laws, if committed by, through, and with the use of ICT) shall be filed by the law enforcement authorities with the regular or other specialized regional trial courts, as the case may be, within its territorial jurisdiction in the places above-described. (Emphasis underlined) EHaASD
Strict compliance is enjoined.
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator
Cite This Law
Faithful Compliance with Section 2.1 and Section 2.2 of the Rule on Cybercrime Warrants Duly Approved by the Court En Banc through A.M. No. 17-11-03-SC dated 3 July 2018, OCA Circular No. 131-2019, Jul 23, 2019 (Philippines)
Faithful Compliance with Section 2.1 and Section 2.2 of the Rule on Cybercrime Warrants Duly Approved by the Court En Banc through A.M. No. 17-11-03-SC dated 3 July 2018, OCA Circular No. 131-2019 (Phil. 2019)
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