DEPARTMENT OF JUSTICE

Office of Cybercrime

Cybercrime Warrants

1. Warrant to Disclose Computer Data (WDCD)

An order to disclose and accordingly, require any person or service provider to disclose or submit subscriber’s information, traffic data, or relevant data in his/her controversial or is possession or control

 

2. Warrant to Intercept Computer Data (WICD)

An order authorizing law enforcement authorities to carry out any or all of the following activities: (a) listening to, (b) recording, (c) monitoring, or (d) surveillance of the content of communications, including procuring of the content of computer data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring

 

3. Warrant to Search, Seize and Examine Computer Data (WSSECD)

An order authorizing law enforcement authorities to search a particular place for items to be seized and/or examined

 

4. Warrant to Examine Computer Data (WECD)

Upon acquiring possession of a computer divide or computer system via a lawful warrantless arrest, or by any other lawful method, law enforcement authorities shall first apply for a WECD before searching the said computer device or computer system for the purpose of obtaining forensic examination the computer data contained therein

 

Related Orders

 

1. Preservation Order

An order requiring a service provider to keep, retain and preserve:

– The integrity of traffic data and subscriber’s information for a minimum period of 6 months from the date of transaction

– Content data for 6 months from the date of receipt of the order

 

2. Destruction Order or Return Order

An order requiring the complete or partial destruction, or the return to its lawful owner or possessor, of the computer data or any related items turned over to the court’s custody

Where to file an application for a warrant 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. Cybercime 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. Effective Period of Warrants For the length of time as determined by the court, which shall not exceed 10 days from its issuance. Extendible, based on justifiable, for not more than 10 days from the expiration of the original period. Extraterritorial Service of Warrants and Other Court Processes For persons or service providers situated outside the Philippines, service of warrants and other court processes shall be coursed through the DOJ – Office of Cybercrime.

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