Provision of the Revised Penal Code or Special Laws that can be aggravated by the use of a computer

“Now he has creatures to help him; stronger creatures than himself, more faithful, more useful, and absolutely devoted to him”

  • I robot (2004)

 

I

INTRODUCTION

 

In today’s world, everybody must keep up with the technology in order to conduct their daily lives. People are required to adapt to new knowledge and exciting discoveries that are changing the way they live and do business, even in looking for a job, the first requirement they are looking for is at least computer literate. Today, everything from saying hello to a friend in your neighbor to video chatting with someone around the world can be done electronically from home.

Technological advances now allow everyone to carry out the most mundane task, such as ordering food, buying tickets, enrolling to a class, even looking for destiny with the help of dating sites, up to the most complex activities such as performing complicated surgeries, all of there can be performed separately, or in a remote location as long as you are connected to the internet.

Humans invented the computer to help us in our daily lives, to assist people in many aspects of life and it is considered as a very helpful electronic device that gives us a beneficial tool in business dealings and in industrial sector, it improves the effectivity and productivity of work done, and it is convenient as well as to our personal lives.1 Now that we have established that the computer is a very power tool to help us in our daily lives, this also comes with the risk when the use of computer technology falls into the wrong hand.

This paper will show you that a simple act of crime can be aggravated with the use of computer. It shall be discussed in a series of chapters that focuses on crimes that the society is facing every day.

II

UNDERSTANDING CYBERCRIME

Computer crime, or cybercrime, is crime that involves a computer and a network. 2 The computer may have been used in the commission of a crime, or it may be the target.3 Debarati Halder and K. Jaishankar define cybercrimes as: “Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm, or loss, to the victim directly or indirectly, , using modern telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)”. Such crimes may threaten a nation’s security and financial health Issues surrounding these types of crimes have become high-profile, particularly those surrounding hacking, infringement, child, and child grooming. There are also problems of privacy when confidential information is intercepted or disclosed, lawfully or otherwise. Debarati Halder and K. Jaishankar further define cybercrime from the perspective of gender and defined ‘cybercrime against women’ as “Crimes targeted against women with a motive to intentionally harm the victim psychologically and physically, using modern telecommunication networks such as internet and mobile phones”.

III

CRIMES THAT CAN BE AGGRIVATED WITH THE USE OF A COMPUTER

UNDER REVICED PENAL CODE

Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

Art. 115. Conspiracy and proposal to commit treason.

Art. 118. Inciting to war or giving motives for reprisals.

Art. 136. Conspiracy and proposal to commit coup d’etat, rebellion or insurrection.

Art. 138. Inciting a rebellion or insurrection.

Art. 141. Conspiracy to commit sedition.

Art. 142. Inciting to sedition.

Art. 146. Illegal assemblies.

Art. 147. Illegal associations.

These lists of crimes can be all tied up and be aggravated by the simple the use of group chat, emails, and text messages. By the use of this computer, anybody can now talk, incite, conspire, and discuss their plans. The beauty of this is that they can incite and conspire wherever and wherever they want by simply using their computers and cell phones. With the use of this technology, ordinary person can have a coordinated attack like militaries too.

ILLUSTRATION:

Joey and Pepe agreed and decided to rise publicly and take arms against the government. Thru facebook, they incited people by leaking secret government files and videos that light up there burning passion for the country. Using the group chat, emails, and text messages, they manage to perfect the plan without raising any suspicions against them because they rarely met each other and they are always few, but in fact there are 100 people participating. Having only little suspicions and perfectly coordinated attack, Joey and Pepe and the other 100 participants manage to execute their plan.

Art. 195. What acts are punishable in gambling. — (a) The penalty of arresto mayor or a fine not exceeding two hundred pesos, and, in case of recidivism, the penalty of arresto mayor or a fine ranging from two hundred or six thousand pesos, shall be imposed upon:

  1. Any person other than those referred to in subsections (b) and (c) who, in any manner shall directly, or indirectly take part in any game of monte, jueteng or any other form of lottery, policy, banking, or percentage game, dog races, or any other game of scheme the result of which depends wholly or chiefly upon chance or hazard; or wherein wagers consisting of money, articles of value or representative of value are made; or in the exploitation or use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any object or representative of value.
  2. Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be carried on in any unhabited or uninhabited place of any building, vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has the reputation of a gambling place or that prohibited gambling is frequently carried on therein, the culprit shall be punished by the penalty provided for in this article in its maximum period.

(b) The penalty of prision correccional in its maximum degree shall be imposed upon the maintainer, conductor, or banker in a game of jueteng or any similar game.

(c) The penalty of prision correccional in its medium degree shall be imposed upon any person who shall, knowingly and without lawful purpose, have in his possession and lottery list, paper or other matter containing letters, figures, signs or symbols which pertain to or are in any manner used in the game of jueteng or any similar game which has taken place or about to take place.

Online gambling or e-games is no longer new to us because this is already rampant in our country, they are authorized to operate by the state provided that they have complied the requirements, licensed, and they are great source of tax.  Article 195 can be aggravated by the use of internet. Operators can now just simply make a website and conduct their operation via live feeds and people can bet online using the bit coin which they called the international currency or the internet currency. With this, a local operation can even be available for the whole country or even worldwide, given the power of the internet.

ILLUSTRATION:

Jojo has a secret barn where he operates an arena for dog fighting for the locals of Pangasinan (the system is just like Sabong). One day he decided to put up a website where you can watch the match and bet online.

Art. 248. Murder. — Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:

  1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.
  2. In consideration of a price, reward, or promise.
  3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.
  4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.
  5. With evident premeditation.
  6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

Art. 249. Homicide.

 

Murder can be aggravated by the use of computer by using military drones. Military drone is an unmanned combat aerial vehicle (UCAV), also known as a combat drone or drone, is an unmanned aerial vehicle (UAV) that usually carries aircraft ordnance such as missiles. Aircraft of this type have no onboard human pilot.  These drones are usually under real-time human control, with varying levels of autonomy.4

A military drone can be use to commit a murder where by a person is controlling a drone to assassinate a person. With this, committing the crime makes it easier and more destructive.

ACTUAL CASE:

41 men targeted but 1,147 people killed: US drone strikes

 

Since 2004, the United States government has attacked thousands of targets in Northwest Pakistan using unmanned aerial vehicles (drones) controlled by the Central Intelligence Agency’s Special Activities Division. Most of these attacks are on targets in the Federally Administered Tribal Areas along the Afghan border in Northwest Pakistan.

These strikes began during the administration of United States President George W. Bush, and have increased substantially under his successor Barack Obama. Some in the media have referred to the attacks as a “drone war”. The George W. Bush administration officially denied the extent of its policy; in May 2013, the Obama administration acknowledged for the first time that four US citizens had been killed in the strikes. Surveys have shown that the strikes are deeply unpopular in Pakistan, where they have contributed to a negative perception of the United States

The US administration and Pakistani authorities have publicly claimed that civilian deaths from the attacks are minimal. Leaked military documents reveal that the vast majority of people killed have not been the intended targets, with approximately 13% of deaths being the intended targets, 81% being other militants, and 6% being civilians. The identities of collateral victims are usually not investigated by US forces, who systematically count each male military-age corpse as an “enemy killed in action” unless there is clear proof to the contrary, as long as the male was in a militant facility at the time. An estimated 158 to 965 civilians have been killed, including 172 to 207 children. Amnesty International found that a number of victims were unarmed and that some strikes could amount to war crimes.5

SPECIAL PENAL LAWS

“Comprehensive Dangerous Drugs Act of 2002”

ARTICLE I

Definition of terms

Section 3Definitions. As used in this Act, the following terms shall mean:

(k) Deliver. – Any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration.

(r) Illegal Trafficking. – The illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical.

 

Since early 90’s before the internet was available to the Philippines, illegal drug trafficking by the used of remote controlled helicopters are already being practiced here in the country, but now that the technology is within our grasp, criminals/drugs lords are using this technology for drug trafficking in a higher scale.

ACTUAL CASE:

Mexico Drug Trafficking: Drone Carries 28 Pounds of Heroin Across Border To US

Two men have pleaded guilty to smuggling drugs by a drone, the Los Angeles Times has reported. This is the first cross-border drug seizure by U.S. law enforcement involving a drone, federal authorities said Wednesday.

Twenty-eight pounds of heroin were smuggled by the drone across the U.S. border near Calexico, near San Diego, in April. The two men who pleaded guilty were caught on Border Patrol cameras on April 28 retrieving the drugs near California Highway 98 in Imperial County, according to court records. U.S. law enforcement officials called drug-carrying drones an emerging threat but questioned how profitable the new method of smuggling can be, because drones are limited in how much they can carry.

“With border security tight, drug traffickers have thought of every conceivable method to move their drugs over, under and through the border,” said U.S. Attorney Laura Duffy in a statement, the Los Angeles Times reported. “We have found their tunnels, their Cessnas, their Jet Skis, their pangas, and now we have found their drones.”6

 

IV

CONCLUSION

The technology of computer and internet are created were created mainly to help us in our daily life, but as they say, there are two sides of the coin. And s technology is advancing and the crimes are also advancing, the law needs to be upgraded to meet the challenges of crimes out of this.

 

REFERENCE

iThe Importance Of Computers In Our Daily Lives, 2014, January 30, Available at http://www.pixuffle.net/the-importance-of-computers-in-our-daily-lives/.

 

ii Moore, R. (2005) “Cyber crime: Investigating High-Technology Computer Crime,” Cleveland, Mississippi: Anderson Publishing. Available athttps://en.wikipedia.org/wiki/Cybercrime

iiiHalder, D., & Jaishankar, K. (2011) Cyber crime and the Victimization of Women: Laws, Rights, and Regulations. Hershey, PA, USA: IGI Global. ISBN 978-1-60960-830-9 available at https://en.wikipedia.org/wiki/Cybercrime

ivDowd, Alan. “Drone wars: risks and warnings”. Retrieved 4 March 2014 available at https://en.wikipedia.org/wiki/Unmanned_combat_aerial_vehicle

vMonday, November 24, 2014

vihttps://www.theguardian.com/us-news/2014/nov/24/-sp-us-drone-strikes-kill-1147

The Revised Penal Code of the Philippines

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