Criminal Intent

Are “cybercrimes” going to invade the Philippines? Yes.

Is it correct to apply the doctrine that there can be no cybercrime if there is no law defining an act/s to be such? Nope.

Archaic as our Revised Penal Code may be, I submit that the Code (along with other special laws) is sufficient to suppress the prevalence of cybercrimes. Since cybercrimes will generally fall under crimes against property, or persons, or to national security (note the other titles in the Code), I propose the idea that no new legislation is needed. The existing crimes found under the several titles of the Code may be applied directly in order to prosecute cyber-criminals.

The real problem is how to convince prosecutors and judges that the existing penal laws are sufficient to combat these new evils. In the end, they must be persuaded to understand that all crimes have the same elements whether they are committed in the digital world or committed in the traditional sense. Therefore, enforcement of the law should not be hindered by any notion that there is lack of legislation.