The social media has been an avenue for various complaints because it reaches the wider public. For sure, you have already seen people sharing posts about a missing person, crime suspect, bad customer service and whatnot. While social media is a huge help to those who have genuine concerns, people who want to simply take advantage of the situation also use it as a way to extort money. 

In Mandaue City, Cebu two women, Aldara Pinero and Sistene Pinero were nabbed for extorting P735,000 from Sunpride Foods Inc. One of the suspects uploaded a video in Facebook claiming that they bought a can of rotten corned beef. The viral video showed that the corned beef contained worms. It would have been believable, had the authorities failed to investigate. 

The video was viewed 735,000 times equivalent to the money they demanded. Henry Dy, general operations of Sunpride Foods Inc, advised the two women to send a message to their customer service number so their complaints can be addressed properly. 

However, they wanted a meeting and payment in exchange for taking down the video. After thorough investigation, it has been found that their claims were not true. Dy said their canned meat products undergo a sterilization process and corned beef is heated at up to 270 degrees Fahrenheit to ensure bacteria are destroyed. He also added that if the meat has worms, the can would have emitted foul odor. The two women have violated Republic Act No. 10175 or the Cyber Crime Law. 

Cybercrimes

Section 4. Cybercrime Offenses. – The following acts constitute the offense of core cybercrime punishable under the Act:

A. Offenses against the confidentiality, integrity and availability of computer data and systems shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred Thousand Pesos (P200,000.00) up to a maximum amount commensurate to the damage incurred, or both, except with respect to number 5 herein:

Illegal Access – The access to the whole or any part of a computer system without right.

Illegal Interception – The interception made by technical means and without right, of any non-public transmission of computer data to, from, or within a computer system, including electromagnetic emissions from a computer system carrying such computer data: Provided, however, That it shall not be unlawful for an officer, employee, or agent of a service provider, whose facilities are used in the transmission of communications, to intercept, disclose or use that communication in the normal course of employment, while engaged in any activity that is necessary to the rendition of service or to the protection of the rights or property of the service provider, except that the latter shall not utilize service observing or random monitoring other than for purposes of mechanical or service control quality checks.

Data Interference – The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document or electronic data message, without right, including the introduction or transmission of viruses.

System Interference – The intentional alteration, or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document or electronic data message, without right or authority, including the introduction or transmission of viruses.

Misuse of Devices, which shall be punished with imprisonment of prision mayor, or a fine of not more than Five Hundred Thousand Pesos (P500,000.00), or both, is committed through any of the following acts:

a. The use, production, sale, procurement, importation, distribution or otherwise making available, intentionally and without right, of any of the following:

i. A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this rules; or

ii. A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with the intent that it be used for the purpose of committing any of the offenses under this rules.

b. The possession of an item referred to in subparagraphs 5(a)(i) or (ii) above, with the intent to use said devices for the purpose of committing any of the offenses under this section.

Provided, That no criminal liability shall attach when the use, production, sale, procurement, importation, distribution, otherwise making available, or possession of computer devices or data referred to in this section is for the authorized testing of a computer system.

If any of the punishable acts enumerated in Section 4(A) is committed against critical infrastructure, the penalty of reclusion temporal, or a fine of at least Five Hundred Thousand Pesos (P500,000.00) up to maximum amount commensurate to the damage incurred, or both shall be imposed.

B. Computer-related Offenses, which shall be punished with imprisonment of prision mayor, or a fine of at least Two Hundred Thousand Pesos (P200,000.00) up to a maximum amount commensurate to the damage incurred, or both, are as follows:

1. Computer-related Forgery –

a. The input, alteration or deletion of any computer data without right, resulting in inauthentic data, with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or

b. The act of knowingly using computer data, which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.

2. Computer-related Fraud – The unauthorized “Input, alteration or deletion of computer data or program, or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.

3. Computer-related Identity Theft – The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.

C. Content-related Offenses:

1. Any person found guilty of Child Pornography shall be punished in accordance with the penalties set forth in Republic Act No. 9775 or the “Anti-Child Pornography Act of 2009”: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775 if committed through a computer system.

As a consumer you have the right to: safety, basic needs, information, representation, redress, consumer education, choose and healthy environment. Making informed buying decisions will ensure that you are getting the right products and services. If you want to make an online purchase, the first thing you need to check is the DTI sales promotion permit of the online store. It is not enough that you read reviews or feedback from previous buyers because you also need protection against online scams. While you may not have the luxury of time to check the items you are purchasing, it still pays to get some essential information such as the product’s expiry date, brand name, name and address of the manufacturer and English or Filipino translation if the labels are written in other languages. Perhaps you are already familiar with the ‘No Return, No Exchange’ policy and if ever you bought a defective product, you should insist on replacing or refunding the item.

Republic Act No. 7394 or the Consumer Act of the Philippines provides detailed information about consumer rights and practices.

“ARTICLE 5. Declaration of Policy. — It shall be the duty of the State:

a) to develop and provide safety and quality standards for consumer products, including performance or use-oriented standards, codes of practice and methods of tests;
b) to assist the consumer in evaluating the quality, including safety, performance and comparative utility of consumer products;
c) to protect the public against unreasonable risks of injury associated with consumer products;
d)to undertake research on quality improvement of products and investigation into causes and prevention of product related deaths, illness and injuries;
e) to assure the public of the consistency of standardized products.
ARTICLE 6.  Implementing Agencies. — The provisions of this Article and its implementing rules and regulations shall be enforced by:
a)   the Department of Health with respect to food, drugs, cosmetics, devices and substances;
b)   the Department of Agriculture with respect to products related to agriculture, and;
c)   the Department of Trade and Industry with respect to other consumer products not specified above.

ARTICLE 7.   Promulgation and Adoption of Consumer Product Standards. — The concerned department shall establish consumer product quality and safety standards which shall consist of one or more of the following:

a)    requirements as to performance, composition, contents, design, construction, finish, packaging of a consumer product;
b)    requirements as to kind, class, grade, dimensions, weights, material;
c)  requirements as to the methods of sampling, tests and codes used to check the quality of the product;
d)  requirements as to precautions in storage, transporting and packaging;
e)  requirements that a consumer product be marked with or accompanied by clear and adequate safety warnings or instructions, or requirements respecting the form of warnings or instructions.

For this purpose, the concerned department shall adopt existing government domestic product quality and safety standards: Provided, That in the absence of such standards, the concerned department shall form specialized technical committees composed of equal number of representatives from each of the Government, business and consumer sectors to formulate, develop and purpose consumer product quality and safety standards. The said technical committees shall consult with the private sector, which may, motu proprio, develop its own quality and safety standards that shall be subject to review and approval of the concerned government agency or agencies after public hearings have been conducted for that purpose; and shall likewise consider existing international standards recognized by the Philippine Government.

ARTICLE 8.   Publication of Consumer Product Standards. — The concerned department shall, upon promulgation of the above standards, publish or cause the publication of the same in two (2) newspapers of general circulation at least once a week for a period of not less than one (1) month. It may likewise conduct an information campaign through other means deemed effective to ensure the proper guidance of consumers, businesses, industries and other sectors concerned.”