1

LEVEL OF AWARENESS OF THE CYBERCRIME PREVENTION

ACT OF 2012 AND THE EXTENT SELF CONTROL AMONG

THE STUDENTS OF POLYTECHNIC COLLEGE

OF DAVAO DEL SUR.INC

S. Y. 2016 - 2017

POLYTECHNIC COLLEGE OF DAVAO DEL SUR, INC

Criminology Department

Digos City

ARJAYBRENT A. CAYAWIN

JEVERSON J. ALCOBA Jr.

REY ANTHONY B. APOR

ALEXANDER A PUTO

October 2016
2

Polytechnic College of Davao Del Sur, Inc.

MacArthur Highway,Brgy. Kiagoy, Digos City

APPROVAL SHEET

In
fulfillment of the requirements in Criminology Research 1 leading to the
Bachelor of Science in Criminology this undergraduate thesis entitled
Level of awareness of the Cybercrime Prevention Act of 2012 and
the extent behavioral change among Students of Polytechnic
College of Davao Del Sur. Inc. S.Y. 2016 - 2017, prepared and
submitted by Alexander A. Puto, Arjaybrent A Cayawin, Jeverson J.
Alcoba, Rey Anthony B. Apor is hereby to recommended for acceptance
and approval for Oral Examination.

REX C. PARAME, LET

Thesis Adviser

Panel of Examiners

Approved and accepted during an Oral Examination with a grade

of._______

JAN DOMINIC D. NAVA, Rcrim, CSP LORNA Q. ESCHARCHA

Member Member

Chique M. Nacionales,MsCrim.

Chairperson

Accepted on partial fulfillment of the requirement in Criminology Research

1 leading to the degree of Bachelor of Science in Criminology.

DR. MARINA L. LEDESMA

Research Director

ACKNOWLEDGEMENT
3

The researchers gratefully express their sincere appreciation to many

people whose assistance and unselfish help made this study possible.

Heartfelt thanks to our mentors, colleagues, and friends who pave the

way for the realization of this study.

To

Mr. Rex C. Parame, LET, Adviser, for his guidance, concern, supervision

and encouragement. Despite his hectic schedule.

To Ms. Chique M. Nacionales, MsCRIM, Dean, Criminology

Department, for her heartfelt support and who impart her knowledge and

experience in research work to the researchers.

To the researchers instructor, Ruth B. Cubita, RM, RN, MAN, for

teaching the basics on research and her patience , invaluable advices,

help, corrections and suggestions.

To our Parents who extended their spiritual and financial support,

without them this project could have not made possible and nevertheless

we wouldnt have treasured at school.

Above all to the Almighty and Loving God, the source of all the

blessing and wisdom, for sustaining grace that made this research a

reality.

-The researchers
4

Table of Content

Title Page. i

Table of Content.. ii

Approval Sheet.. iii

Acknowledgement... iv

Dedication v

Chapter 1

The problem and its Setting.. 1

The Statement of the Problem. 3

The theoretical background... 4

The conceptual framework.. 6

The Significance of the study. 7

Definition of Terms. 8

Chapter 2

Review of Related Literature. 9

Chapter 3

Methodology
5

APPENDICES

APPENDEX A
6

LETTER OF PERMISSION

POLYTECHNIC COLLEGE OF DAVAO DEL SUR. INC.

Mc Arthur Highway, Brgy. Kiagot, Digos City

October 19, 2016

CHIQUE M. NACIONALES, MSCRIM

Dean Criminology Department
Polytechnic College of Davao Del Sur

Dear Maam:

The undersigned are presently conducting a study entitled LEVEL OF

AWARENESS OF THE CYBERCRIME PREVENTION ACT OF 2012 AND
THE EXTENT OF SELF CONTROL AMONG THE STUDENTS OF
POLYTECHNIC COLLEGE OF DAVAO DEL SUR S. Y. 2016 2017
This study will be conducted to partially fulfill our requirements in the
subject Criminology research.

God bless you always. . .

Very truly yours,

ARJAYBRENT A. CAYAWIN

JEVERSON J. ALCOBA JR

REY ANTHONY B. APOR

ALEXANDER A. PUTO

Noted by:

REX C. PARAME, LET

Adviser
APPENDEX B
7

LETTER OF PERMISSION

POLYTECHNIC COLLEGE OF DAVAO DEL SUR. INC.

Mc Arthur Highway, Brgy. Kiagot, Digos City

October19, 2016

SHIELA BLISS GOC-ONG

Dean Information Technology Department
Polytechnic College of Davao Del Sur

Dear Maam:

The undersigned are presently conducting a study entitled LEVEL OF

AWARENESS OF THE CYBERCRIME PREVENTION ACT OF 2012 AND
THE EXTENT OF SELF CONTROL AMONG THE STUDENTS OF
POLYTECHNIC COLLEGE OF DAVAO DEL SUR S. Y. 2016 2017
This study will be conducted to partially fulfill our requirements in the
subject Criminology research.

In line with this we would like to ask your permission to allow us to

conduct survey on some of your students in your department. rest assure
that all their identity will be kept confidential.

God bless you always. . .

Very truly yours,

ARJAYBRENT A. CAYAWIN

JEVERSON J. ALCOBA JR

REY ANTHONY B. APOR

ALEXANDER A. PUTO

Noted by:

REX C. PARAME, LET

Adviser
APPENDEX B
8

LETTER OF PERMISSION

POLYTECHNIC COLLEGE OF DAVAO DEL SUR. INC.

Mc Arthur Highway, Brgy. Kiagot, Digos City

October19, 2016

JENNIFER P. YBANEZ, RN, MAN

Dean nursing Department
Polytechnic College of Davao Del Sur

Dear Maam:

The undersigned are presently conducting a study entitled LEVEL OF

AWARENESS OF THE CYBERCRIME PREVENTION ACT OF 2012 AND
THE EXTENT OF SELF CONTROL AMONG THE STUDENTS OF
POLYTECHNIC COLLEGE OF DAVAO DEL SUR S. Y. 2016 2017
This study will be conducted to partially fulfill our requirements in the
subject Criminology research.

In line with this we would like to ask your permission to allow us to

conduct survey on some of your students .rest assure that all their
identity and answer will be kept confidential.

God bless you always. . .

Very truly yours,

ARJAYBRENT A. CAYAWIN

JEVERSON J. ALCOBA JR

REY ANTHONY B. APOR

ALEXANDER A. PUTO

Noted by:

REX C. PARAME, LET

Adviser
APPENDEX B
9

LETTER OF PERMISSION

POLYTECHNIC COLLEGE OF DAVAO DEL SUR. INC.

Mc Arthur Highway, Brgy. Kiagot, Digos City

October19, 2016

JON MAURIS CORONICA

Dean Radiologic Technology Department
Polytechnic College of Davao Del Sur

Dear Sir:

The undersigned are presently conducting a study entitled LEVEL OF

AWARENESS OF THE CYBERCRIME PREVENTION ACT OF 2012 AND
THE EXTENT OF SELF CONTROL AMONG THE STUDENTS OF
POLYTECHNIC COLLEGE OF DAVAO DEL SUR S. Y. 2016 2017
This study will be conducted to partially fulfill our requirements in the
subject Criminology research.

In line with this we would like to ask your permission to allow us to

conduct survey on some of your students .rest assure that all their
identity and answer will be kept confidential.

God bless you always. . .

Very truly yours,

ARJAYBRENT A. CAYAWIN

JEVERSON J. ALCOBA JR

REY ANTHONY B. APOR

ALEXANDER A. PUTO

Noted by:

REX C. PARAME, LET

Adviser
APPENDEX B
10

LETTER OF PERMISSION

POLYTECHNIC COLLEGE OF DAVAO DEL SUR. INC.

Mc Arthur Highway, Brgy. Kiagot, Digos City

October 19, 2016

ROMIE B. LACADEN
Dean Hospitality Management Department
Polytechnic College of Davao Del Sur

Dear Sir:

The undersigned are presently conducting a study entitled LEVEL OF

AWARENESS OF THE CYBERCRIME PREVENTION ACT OF 2012 AND
THE EXTENT OF SELF CONTROL AMONG THE STUDENTS OF
POLYTECHNIC COLLEGE OF DAVAO DEL SUR S. Y. 2016 2017
This study will be conducted to partially fulfill our requirements in the
subject Criminology research.

In line with this we would like to ask your permission to allow us to

conduct survey on some of your students .rest assure that all their
identity and answer will be kept confidential.

God bless you always. . .

Very truly yours,

ARJAYBRENT A. CAYAWIN

JEVERSON J. ALCOBA JR

REY ANTHONY B. APOR

ALEXANDER A. PUTO

Noted by:

REX C. PARAME, LET

Adviser
APPENDEX D
11

SURVEY QUESTIONNAIRE

POLYTECHNIC COLLEGE OF DAVAO DEL SUR. INC.

Mc Arthur Highway, Brgy. Kiagot, Digos City

LEVEL OF AWARENESS OF THE CUBERCRIME PREVENTIO ACT

OF 2012 AND THE EXTENT SELF CONTROLAMONG THE
STUDENTS OF POLYTECHNIC COLLEGE OF DAVAO DEL SUR,
INC. S. Y. 2016 - 2017

Name: ___________________ Year level: _____________

Course:_________________ Department: _____________

To the Respondents: This questionnaire serves as an output of

the researchers on the level of awareness of the Cybercrime
prevention Act of 2012 and the extent self control among the
students of Polytechnic College of Davao Del Sur, Inc.

Direction: Check each item and rate yourself on the level of

awareness and your self control on the Cybercrime prevention Act
of 2012.

4 Highly Aware This means that you have a thorough

knowledge about cybercrime prevention Act of 2012.

3 Aware This means that you have a information about

cybercrime prevention Act of 2012.

2 Slightly Aware This means that you have limited information

about Cybercrime Prevention Act of 2012.

1 Not Aware This means that you dont have any knowledge or
information about Cybercrime prevention

Act of 2012.

POLYTECHNIC COLLEGE OF DAVAO DEL SUR, INC

Mc Arthur highway, Brgy Kiagot

12

Digos City

Name:________________ Year & Course___________

Instruction: Please mark check () on the box number for your

answer.
Part I Level of awareness

1-Not Aware 2-Slightly Aware 3- Aware 4-Highly Aware

Indicators Not Slightly Highly

Aware aware aware aware
1. How aware are you about
cybercrime?

2. How aware are you about

pornography in social media?

3. Are you aware that using cp, E-

mail, chat rooms or social
networking site such as
facebook, youtube, and twitter
can threaten or intimidate
someone?
4. Are you aware that there are
corresponding punishment if
social media is not use
properly?
5. Are you aware that watching
pornography can elicit sexual
arousal?
6. Are you aware of money
laundering?

7. Are you aware that stealing

wrongful appropriation and
publication of another authors
thoughts and ideas has
corresponding law suites?
13

8. Are you aware that online theft

of credit card number,
expiration date, and other
information is Cyber fraud?

9. Are you aware that if a person

trespass intentionally without
permission to access, alters,
deletes, damage, or disrupt,
any computer is prohibited and
punishable by law?

CHAPTER I

THE PROBLEM AND ITS SETTING

Introduction

According to (britz 2008) over the past two decades, Cybercrimes has

emerged as a salient area of inquiry for criminologist and a growing

concern for public policy. Although there are many definition of

Cybercrime, the term generally refers to the crimes committed through

the use of computers and computer networks, but it also includes crimes

that do not rely heavily on computers

14

Cybercrime is a term used to broadly describe criminal activity in

which computers or computer networks are a tool, a target, or a place of

criminal activity and include everything from electronic cracking to denial

of service attacks. It is also used to include traditional crimes in which

computers or networks are used to enable the illicit activity. The Cyber

crime can halt any railway where it is, it may misguide the planes on its

flight by misguiding with wrong signals, it may cause any important

military data to fall in the hands of foreign countries, and it may halt e-

media and every system can collapse within a fraction of seconds.

The present study has been undertaken to touch some aspects,

effect and prospects of this cyber-technology with special reference to

threat poses of Cyber crime by India. Efforts have been made to analyze

legal framework available for its control in India. To start with, it is,

therefore, necessary to demarcate the dimensions of word crime. Thus it

is beyond doubt that crime is a relative phenomenon, universal in nature

and essentially all societies from ancient to modern have been evidently

demonstrating its presence. Each society have been providing its own

description of criminal behavior and conduct made punishable by express

will of the political community ruling over the society and it was always

influence by religious-social-political economical values prevailing in the

given society. Thus from time immemorial the behavior that attracts Penal

liability influenced and characterized by overall outcome of these

standards. Parenthetically, just as concept of crime [has undergone]

change with the growth of Information Technology so the categories of

15

criminals who engage in such crimes. So far Indian society is concerned,

particularly during ancient period, the definition of crime flagged by

religious interpretation. The period was known for complete ominance of

religion. All political and social activities in general and 'Crime' in

particular, considered to be happened due to the presence of super-

natural power. The Demonological theory of crime causation was an

outcome of this period.

The Department of Justice (DOJ) has ordered the filing of the first

case under the controversial Cybercrime Prevention Act of 2012 in

connection with a computer-related forgery. The crime of computer-

related forgery under the cybercrime law covers the act of using computer

data for making fraudulent plans or transactions.

Statement of the Problem

This study aims to find out the level of awareness on the Cybercrime

Prevention Act of 2012 and the extent Self control among students of

Polytechnic College of Davao Del Sur, Inc. S. Y. 2016 2017. Specifically,

it seeks to answer the following questions:

1. What is the profile of respondents when grouped by course?

2. What is the level of awareness of the respondents about the

Cybercrime Prevention Act of 2012 when analyzed by:

16

2.1. C

ourse, and

2.2. O

verall?

3. What is the extent of Self control in the use of internet among

the respondents when analyzed according to:

3.1. C

ourse , and

3.2. O

verall?

4. Is there a significant relationship between the level of awareness

and extent of self control among the respondents?

Statement of the hypothesis

The null hypothesis was tested using the 0.5 level awareness

Ho: There is no significant relationship between the level of awareness

and the extent self control among the respondents.

Theoretical Background

This study is anchored on Michael Gottfredson and Travis Hirschi Theory of

low self control, which is defined as the inability by an individual to

17

exercise personal restraints in the face of tempting immediate easy

gratification both in short and long term (Hirchi 2004). Gottfredson and

Hirschi also maintained that an individuals level of self control is establish

early in life, between the ages of 8 to 10, is a product of ineffective child

rearing, and has many diverse manifestation that reverberate through the

life cycle.

The Cybercrime Prevention Act of 2012, officially recorded as Republic

Act No. 10175, is a law in the Philippines approved on September 12, 2012.

It aims to address legal issues concerning online interactions and

the Internet in the Philippines. Among the cybercrime offenses included in

the bill are cyber squatting, cybersex, child pornography, identity theft,

illegal access to data and libel.

While hailed for penalizing illegal acts done via the Internet that were not

covered by old laws, the act has been criticized for its provision on

criminalizing libel, which is perceived to be a curtailment in freedom of

expression.

On October 9, 2012, the Supreme Court of the Philippines issued a

temporary restraining order, stopping implementation of the Act for 120

days, and extended it on 5 February 2013 "until further orders from the

court.

On May 24, 2013, The DOJ announced that the contentious online libel

provisions of the law had been dropped.

18

On February 18, 2014, the Supreme Court ruled that section 5 of the law

decision was constitutional, and that sections 4-C-3, 7, 12 and 19 were

unconstitutional.

The Cybercrime Prevention Act of 2012 is the first law in the

Philippines which specifically criminalizes computer crime, which prior to

the passage of the law had no strong legal precedent in Philippine

jurisprudence. While laws such as the Electronic Commerce Act of

2000 (Republic Act No. 8792) regulated certain computer-related

activities, these laws did not provide a legal basis for criminalizing crimes

committed on a computer in general: for example, Onel de Guzman, the

computer programmer charged with purportedly writing the

ILOVEYOU computer worm, was ultimately not prosecuted by Philippine

authorities due to a lack of legal basis for him to be charged under

existing Philippine laws at the time of his arrest.

The Act, divided into 31 sections split across eight chapters,

criminalizes several types of offense, including illegal

access (hacking), data interference, device misuse, cyber squatting,

computer-related offenses such as computer fraud, content-related

offenses such as cybersex and spam, and other offenses. The law also

reaffirms existing laws against child pornography, an offense under

Republic Act No. 9779 (the Anti-Child Pornography Act of 2009), and libel,

an offense under Section 355 of the Revised Penal Code of the Philippines,

also criminalizing them when committed using a computer system. Finally,

the Act includes a "catch-all" clause, making all offenses currently

19

punishable under the Revised Penal Code also punishable under the Act

when committed using a computer, with severer penalties than provided

by the Revised Penal Code alone.

On May 24, 2013, The DOJ announced that online libel provisions of

the law have been dropped, as well as other provisions that "are

punishable under other laws already", like child pornography and cyber

squatting. The DOJ will endorse the revised law to the next 16th Congress

of the Philippines.

Conceptual Framework

Independent Variables

Dependent Variables

Level of awareness Extent of self control

among students of
Cybercrime Polytechnic College of
Davao Del Sur, Inc.
Prevention
S.Y. 2016 - 2017
Act of 2012
20

COURSES

Figure 1. Schematic Diagram showing the variables of the study

Over the past two decades, cybercrime has emerged as a salient

area of inquiry for criminologists and a growing concern for public policy.

Although there are many definitions of cybercrime, the term generally

refers to crimes committed through the use of computers and computer

networks, but it also includes crimes that do not rely heavily on

computers (Britz, 2008). Extant research has explored the nature and

extent of cybercrime (Cukier & Levin, 2009; Finley, 2009; Finn, 2004;

Geis et al., 2009; Huang etal., 2009; Jaishankar, Halder, & Ramdoss.

Scope and limitation

21

This study focus on the level of awareness on the Cybercrime Prevention

Act of 2012 and the extent Self control among students of Polytechnic

College of Davao Del Sur. S.Y. 2016 2017. This was conducted at

Polytechnic College of Davao Del Sur. The data gathered through the

hand made questionnaire to identify the level of awareness of the

polytechnic college of Davao Del Sur, Inc. Students about the Cybercrime

Prevention Act of 2012.

Significance of the study

The main purpose of this study was to determine the level of awareness

on the cybercrime prevention act of 2012 and the extent of behavioral

change among students of Polytechnic College of Davao Del Sur, Inc. S. Y.

2016, 2017.in addition, the study seek to detect the relationship of two

variables. Hence the result of the study will be a great help to the

following beneficiaries:

Deans/ Directors. The output of this study will shed light among the

school heads to conceptualize the cybercrime prevention Act of 2012 to

heighten the level of awareness among students of polytechnic college of

Davao Del Sur, inc.

Faculty. The result of this study will be a great help for the teachers on
22

how to motivate the students the proper usage of the computers, internet

and social media sites that will heighten their level of maturation.

Students. The output of this study will provide guidelines to the students

on what type or appropriate words they will post or sends. it will also

increase the level of enhancement and motivation to achieve their goals .

Future researchers. The output of this study serves to give information

and knowledge to the future researchers about the cybercrime prevention

Act of 2012 so that they will not find it hard to gather data.

Definition of Terms

In

the desire to have a better understanding in the terminologies used in the

study, the following are defined conceptually and operationally:

Level of awareness - Freud was an Austrian neurologist and psychiatrist

who founded the psychoanalytic school of psychology. Freud is best

known for his theories of the unconscious mind and the defense

mechanism of repression. He is also renowned for his redefinition of

sexual desire as the primary motivational energy of human life which is

directed toward a wide variety of objects. As well as his therapeutic

techniques, including his theory of transference in the therapeutic

23

relationship and the presumed value of dreams as sources of insight into

unconscious desires.

The conscious - The conscious consists of what someone is aware of at

any particular point in time. It includes what you are thinking about right

now, whether it is in the front of you mind or the back. If you are aware

of it then it is in the conscious mind.

The Preconscious - The preconscious contains information that is just

below the surface of awareness. It can be retrieved with relative ease and

usually can be thought of as memory or recollection.

The Unconscious - The unconscious contains thoughts, memories, and

desires that are buried deep in ourselves, well below our conscious

awareness. Even though we are not aware of their existence, they exert

great influence on our behavior.

Cybercrime includes any type of illegal scheme that uses one or more

components of the Internet (chat rooms, email, message boards,

websites, and auctions) to conduct fraudulent transactions or transmit the

proceeds of fraud to financial institutions or to others connected with the

scheme. Cyber crime also applies to generating spam emails,

downloading viruses or spyware to computer, harassing another through

the Internet, child pornography, and solicitation of prostitution online.

Perhaps the most prominent form of cybercrime is identity theft, in which

criminals use the Internet to steal personal information from other users.
24

Cybercrime Prevention Act of 2012 - officially recorded as Republic

Act No. 10175, is a law in the Philippines approved on September 12,

2012.

Republic Act No. 10175 - also known as the Cybercrime Prevention Act

of 2012, is an act that defines and punishes cybercrime to prevent and

suppress its proliferation. It aims to effectively prevent and combat

misuse, abuse and illegal access of the Internet by facilitating their

detection, investigation, arrest and prosecution at both the domestic and

international levels, and by providing arrangements for fast and reliable

international cooperation. To formulate and implement a national cyber

security plan, a Cybercrime Investigation and Coordinating Center (CICC)

will be created under the administrative supervision of the Office of the

President.

EXTENT OF SELF-CONTROL - Self-control separates us from our ancient

ancestors and the rest of the animal kingdom, thanks to our large

prefrontal cortex. It is the ability to subdue our impulses in order to

achieve longer-term goals. Rather than responding to immediate

impulses, we can plan, evaluate alternative actions, and, often enough,

avoid doing things we'll later regret. The ability to exert self-control is

typically called willpower. It is what allows us to direct our attention, and

it underlies all kinds of achievement. There is significant debate in science

as to whether or not willpower is a finite resource. Studies demonstrate

that exercising willpower makes heavy demands on mental energy,

25

notably on reserves of glucose, the brain's preferred fuel, creating ego

depletion. It's one reason we're more apt to reach for that chocolate chip

cookie when we're feeling stressed than when we're feeling on top of the

world. Recently, scientists have failed to replicate some of the studies

underlying the concept of ego depletion, and more research is underway.

Awareness - Knowing and understanding a lot about what is happening

in the world or around you.

CHAPTER II

REVIEW OF RELATED LITERATURE

Presented in this portion are the related ideas and information taken from

the books, journals, researches and interviews. The conclusion of relevant

information about the level of awareness of the students of Polytechnic

College of Davao Del Sur. Inc. Students on the Cybercrime Prevention Act

of 2012 which will be discuss thoroughly below.

Foreign study

Cybercrime is the contemporary version of crime. As social and

economic activities increasingly rely on digital devices and the Internet,

all crime tends to have a cyber component. For example, the widespread

use of cell phones means that even ordinary street crimes usually involve

digital evidence and network activity. Cybercrime is frequently associated

26

with denial of service attacks, hacking and, more generally, attacks that

take advantage of flaws in computer systems and networks. Yet the most

common complaint submitted to the Internet Crime Complaint Center

(IC3) is auction fraud: I saw it on the Internet; I paid for it; I received

nothing or What I did receive was not what I saw. Like law-abiding

citizens, criminals seek to take advantage of Internet systems for lowered

transaction costs, economies of scale, access to personal information, and

anonymity.

There are no quick technical or regulatory solutions for controlling

criminal activities on the Internet or protecting individuals or

organizations from harm in cyberspace. Todays highly complex,

interconnected, global information systems provide an extensive attack

surface that is almost impossible to secure. Regulatory measures such as

legislation, court action and even industry wide security standards often

fail to keep pace with rapid changes in technology. Countering misuse and

abuse in such an environment is a constant battle.

For six years the Center for Cybercrime Studies has brought

together the wide range of expertise needed to understand and deter

computer related crime. Center speakers and researchers have also been

concerned with the impact on individual privacy that the ever growing use

of computers and the Internet raise. In particular, our researchers are

analyzing the legal and policy issues raised by Edward J. Snowdens

revelations about the NSA surveillance.

27

We invite you to peruse our site and to learn about our events, the

projects we sponsor, and the work of our affiliated researchers. Please feel

free to give us your feedback on the Contact Page. If you would like to be

included on the Centers distribution list for talks and other events, please

send e-mail to CyberCrimeCenter@jjay.cuny.edu

Cybercrime

According to Kshetr, (2010). Theorists of the internet agrees that

cyberspace makes possible near and instant interactions between

individuals who are spatially distant, which creates possibility for new

forms of association which in turn gives rise to cyber crime and cyber

deviance. Cyber crime, in simple terms, is a crime that is facilitated or

committed using a computer, network or hardware device. The computer

or device may be the agent of the crime, the facilitator of the crime, or

the target of the crime. It can take place on the computer alone, or in

other virtual or non virtual locations. It is recognized that current legal

definition of cyber crime varies drastically between jurisdictions. A

practical definition of a cyber crime is offered According to him, Cyber

Crime is defined as a criminal activity in which computers or computer

networks are the principal means of committing an offence or violating

laws, rules or regulations. Examples of cyber crime include denial of

service attacks, cyber-theft, cyber trespass, cyber obscenity, critical

infrastructure attacks, online fraud, online money laundering, ID fraud,

cyber terrorism, and cyber extortions. It is evident that organized criminal

organizations use cyber crime extensively to collaborate and connect with

28

their vast network which is spread across globe. The synergy between

organized crime and the internet has thus increased the insecurity of the

digital world.

Cyber Fraud

According to Hani Durzy, an eBay spokesperson in USA cited that

another form of cybercrime which has a firm grip on society is cyber fraud

and scams online. But, the problem with this is the lack of systematic and

official data. Internet Crime Complain Centre (ICCC) is the only source

available whose primary role is to receive public reports of cybercrime and

refer them to the relevant criminal justice agencies for action, claims that

frauds ascent for only 0.01% of transactions undertaken using the site yet

this would amount to 3000 frauds per day, given that more than 30

million auctions take place on eBay daily Cha (2005)17. The fact is that a

growing number of internet auction sites provide thieves a global market

through which they sell stolen items to unsuspecting customers.

Pornography

According to Lane (2001) Internet is easily accessed on computer,

pocket PC, wireless, mobile phone, etc. In the late 1970s and early

1980s, programmers were zealously developing software enabling images

that are transmitted, recomposed and viewed through Usenet systems. By

1996, of the ten most popular Usenet groups, five were sexually oriented

and one (atl.Sex. Net) attracted some 5, 00,000 readers every day. To a

much surprise pornography is the first successful e-commerce product. An

29

important mention here is about a case which was filed in the Juvenile

Court, Delhi on the charge of cyber pornography. Some jurist says this is

the first Indian cyber pornographic case which was charge sheeted in the

juvenile court. A student of a reputed school, New Delhi Was arrested by

Delhi police in year 2001, April because he created a porn website as

revenge of having being teased by classmates and teachers. He listed the

names of his 12 schoolmate girls and teachers in sexually explicit manner.

He was charged under section 67 of the Information Technology Act 2000

and section 292,293, 294 of the Indian penal code and the indecent

representation of Women act.

Cyber Bullying

Cyber bullying is an extension of physical bullying. It has two forms;

Overt and Covert. Overt bullying is physical aggression and includes

beating, kicking and sexual touching. Overt bullying is often accompanied

by covert bullying in which victims are excluded from friends group,

stalked, gossiped about, verbally harassed and threatened. Cyber bullying

is carried by adolescents through Internet. As more and more youth are

using the internet for interpersonal relationships, the risk of being bullied

is increasing. It leads to depression, anger and sometimes even suicide.

According to Camarines Sur Rep. Rolando Andaya on Wednesday,

May 27 proposed a bill aiming to define and penalize the crime of cyber

bullying. The lawmaker wrote the Anti-Cyber Bullying Act of 5718 or An

act of defining and penalizing the crime of cyber-bullying in an attempt

to encourage people to become responsible netizens and make them

30

accountable for their cyber actions.Cyber bullying is o ne such problem

that the advancement in technology and social media has generated. It

can potentially affect not only school-aged children, but also any

individual who has access to a mobile phone or the Internet, Andaya

said.

Cyber bullying, according to the bill, are acts of cruelty committed

using the Internet or any form of electronic media or technology that has

the effect of stripping ones dignity or causing reasonable fear or physical

or emotional harm.

Among other offenses included in the bill that defines the scope of cyber

bullying are:

Repeated sending of offensive, rude and insulting message, distributing

and belittling information about the victim;

Posting or sending of offensive photos of the victim, whether digitally

altered or not, or were taken with or without consent, as long as it has

intention to humiliate and embarrass the victim;

Breaking into an e-mail, social networking or any electronic account and

using the victims virtual identity to send, upload or distribute

embarrassing materials to or about others, sharing the victims personal

or embarrassing information and sharing it to others and repeated

sending of messages such as threats or harm or engaging in online

activities causing fear on victims safety. If passed, netizens convicted of

cyber bullying would be fined a penalty of P50, 000 but not more than

P100,000 and imprisonment of not less than six months, but not more
31

than six years, or both. Because of the anonymity that the Internet

gives, social and moral norms are easily switched off and users are

emboldened to just say or post anything online without accountability,

Andaya explained.

The Camarines Sur Representative noted that Internet bashing has

become a culture among Internet users and even initiates problems that

involve hostility and aggression. (With reports from Philstar.com)

Plagiarism

Is the intentional or unintentional use of the work of another

without proper acknowledgment. You may be aware that reproducing the

published words of another without acknowledging the source of the

words is plagiarism; however, you might be unaware of the scope of the

concept of plagiarism. The term plagiarism applies not only to the

published word, but also to unpublished materials, the spoken word,

opinions, theories, pictures, graphs, and statistics. In fact, plagiarism

might occur at any time when the material of another is being used,

regardless of the source or format of the material. An example of a

situation in which unintentional plagiarism can easily occur is when

students work together, formally or informally, on a class assignment. If

you do collaborative work with other students and then use their ideas or

material in the work you submit, you must credit the work of the other

students. If you do not properly acknowledge that you have incorporated

32

the work of other students into your materials, you are guilty of

plagiarism.

In

addition, you might not appreciate that plagiarism is not limited to

copying verbatim from a source but also occurs when you paraphrase the

work of another.

The sole exception to the rule that all materials being used must be

properly acknowledged is if the material being used is common

knowledge. Information and ideas that appear in many places or that are

readily available to anyone would be regarded as common knowledge. You

may not know what a common knowledge in your discipline is. When in

doubt, err on the side of citing your source.

The appropriate method of acknowledging source materials varies from

discipline to discipline and from instructor to instructor. References to

source materials might be given in footnotes, endnotes, a bibliography

together with pointers in the text indicating where and which

bibliographical item was used, or possibly in the body of your text. You

should talk to your instructors about their requirements for properly

acknowledging sources.
33

Cyber Trespass

According to BizLegis (April 2, 2012). the word trespass in general

means to enter into the others property without seeking consent. It is

considered a civil wrong ordinarily. If the trespass is committed with

criminal intention it is called criminal trespass. To protect an owners

control over the property the trespass actions are stranded. The websites

should also be considered a species of property. The concept of trespass is

applicable in cases of the cyber world and may be termed as Cyber

Trespass. The act of hacking by the hacker is of civil nature, but if the

intention to harm or damage the system is proved, the liability is of penal

nature. The hacking may also result in other crimes mentioned in the

Indian Penal Code 1860 apart from criminal trespass. For example if a

hacker hacks into the Information Technology Act tries to the website of a

bank and transfers money into his account this may constitute a crime

under Section 378 of the Indian Penal Code 1860. The act in the above

case can also be termed as Cyber Theft. The Information Technology Act

provides civil and penal consequences for hacking and other wrongful

activities.

The technological development has given rise to gadgets like computers,

laptops, tablets and other instruments which can also be a cause of

rampant tort of Cyber Trespass. The computer is used as a tool for

activities like email spoofing, cyber defamation and also used as a target

like in the cases of unauthorized access, email bombing, Trojan attacks or

34

sometimes for both. This is called cyber crimes. It is difficult to eliminate

cyber trespass from the cyber world; however it is quite possible to check

them. The computer data may also contain personal information, so the

hacker can also infringe ones right to privacy guaranteed by Indian

Constitution under Article 21. The global connectivity is facilitated by

internet having impact on few areas of tort. There is trespass to property

and persons in the cyber world like.

Money laundering

Anti-Money Laundering Act of 2001 (RA 9160) an act defining the crime of

money laundering, providing penalties there for and for other purposes Be

it enacted by the Senate and House of Representatives of the Philippines

in Congress assembled: SECTION 1. Short Title. This Act shall be known

as the "Anti-Money Laundering Act of 2001." SEC. 2. Declaration of Policy.

It is hereby declared the policy of the State to protect and preserve the

integrity and confidentiality of bank accounts and to ensure that the

Philippines shall not be used as a money laundering site for the proceeds

of any unlawful activity. Consistent with its foreign policy, the State shall

extend cooperation in transnational investigations and prosecutions of

persons involved in money laundering activities wherever committed.

SEC. 3. Definitions. For purposes of this Act, the following terms are

hereby defined as follows: (a) "Covered institution" refers to: (1) banks,

non-banks, quasi-banks, trust entities, and all other institutions and their

subsidiaries and affiliates supervised or regulated by the Bangko Sentral

35

ng Pilipinas (BSP),(2) insurance companies and all other institutions

supervised or regulated by the Insurance Commission, and (3) securities

dealers, brokers, salesmen, investment houses and other similar entities

managing securities or rendering services as investment agent, advisor, or

consultant, mutual funds, close-end investment companies, common trust

funds, pre-need companies and other similar entities, foreign exchange

corporations, money changers, money payment, remittance, and transfer

companies and other similar entities, and other entities administering or

otherwise dealing in currency, commodities or financial derivatives based

thereon, valuable objects, cash substitutes and other similar monetary

instruments or property supervised or regulated by Securities and

Exchange Commission and Exchange Commission (b) "Covered

transaction" is a single, series, or combination of transactions involving a

total amount in excess of Four million Philippine pesos (Php4,000,000.00)

or an equivalent amount in foreign currency based on the prevailing

exchange rate within five (5) consecutive banking days except those

between a covered institution and a person who, at the time of the

transaction was a properly identified client and the amount is

commensurate with the business or financial capacity of the client; or

those with an underlying legal or trade obligation, purpose, origin or

economic justification. It likewise refers to a single, series or combination

or pattern of unusually large and complex transactions in excess of Four

million Philippine pesos (Php4,000,000.00) especially cash deposits and

investments having no credible purpose or origin, underlying trade

36

obligation or contract. (c) "Monetary instrument" refers to: (1) coins or

currency of legal tender of the Philippines, or of any other country; (2)

drafts, checks and notes. (3) securities or negotiable instruments, bonds,

commercial papers, deposit certificates, trust certificates, custodial

receipts or deposit substitute instruments, trading orders, transaction

tickets and confirmations of sale or investments and money market

instruments; and (4) other similar instruments where title thereto passes

to another by endorsement, assignment or delivery. (d) "Offender" refers

to any person who commits a money laundering offense. (e) "Person"

refers to any natural or juridical person. (f) "Proceeds" refers to an

amount derived or realized from an unlawful activity. (g) "Supervising

Authority" refers to the appropriate supervisory or regulatory agency,

department or office supervising or regulating the covered institutions

enumerated in Section 3(a). (h) "Transaction" refers to any act

establishing any right or obligation or giving rise to any contractual or

legal relationship between the parties thereto. It also includes any

movement of funds by any means with a covered institution. (i) "Unlawful

activity" refers to any act or omission or series or combination thereof

involving or having relation to the following: (1) Kidnapping for ransom

under Article 267 of Act No. 3815, otherwise known as the Revised Penal

Code, as amended; (2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of

Republic Act No. 6425, as amended, otherwise known as the Dangerous

Drugs Act of 1972; (3) Section 3 paragraphs B, C, E, G, H and I of

Republic Act No. 3019, as amended; otherwise known as the Anti-Graft

37

and Corrupt Practices Act; (4) Plunder under Republic Act No. 7080, as

amended; (5) Robbery and extortion under Articles 294, 295, 296, 299,

300, 301 and 302 of the Revised Penal Code, as amended; (6) Jueteng

and Masiao punished as illegal gambling under Presidential Decree No.

1602; (7) Piracy on the high seas under the Revised Penal Code, as

amended and Presidential Decree No. 532; (8) Qualified theft under

Article 310 of the Revised Penal Code, as amended; (9) Swindling under

Article 315 of the Revised Penal Code, as amended; (10) Smuggling under

Republic Act Nos. 455 and 1937; (11) Violations under Republic Act No.

8792, otherwise known as the Electronic Commerce Act of 2000.

Cyber Trespass

According to BizLegis (April 2, 2012 ) the word trespass in general

means to enter into the others property without seeking consent. It is

considered a civil wrong ordinarily. If the trespass is committed with

criminal intention it is called criminal trespass. To protect an owners

control over the property the trespass actions are stranded. The websites

should also be considered a species of property. The concept of trespass is

applicable in cases of the cyber world and may be termed as Cyber

Trespass. The act of hacking by the hacker is of civil nature, but if the

intention to harm or damage the system is proved, the liability is of penal

nature. the hacking may also result in other crimes mentioned in the

Indian Penal Code 1860 apart from criminal trespass. For example if a

hacker hacks into the Information Technology Act tries to the website of a

bank and transfers money into his account this may constitute a crime
38

under Section 378 of the Indian Penal Code 1860. The act in the above

case can also be termed as Cyber Theft. The Information Technology Act

provides civil and penal consequences for hacking and other wrongful

activities.

The technological development has given rise to gadgets like computers,

laptops, tablets and other instruments which can also be a cause of

rampant tort of Cyber Trespass. The computer is used as a tool for

activities like email spoofing, cyber defamation and also used as a target

like in the cases of unauthorized access, email bombing, Trojan attacks or

sometimes for both. This is called cyber crimes. It is difficult to eliminate

cyber trespass from the cyber world; however it is quite possible to check

them. The computer data may also contain personal information, so the

hacker can also infringe ones right to privacy guaranteed by Indian

Constitution under Article 21. The global connectivity is facilitated by

internet having impact on few areas of tort. There is trespass to property

and persons in the cyber world like.

LOCAL STUDY

The government of the Philippines has passed the Cybercrime

Prevention Act, which on the surface, as usual, sounds perfectly well-

intentioned. But when you read the actual contents of whats been

deemed cybercrime, SOPAs proposed censorship sounds downright lax

39

by comparison.

Yes, theres the usual hacking, cracking, identity theft and spamming,

which most of us can agree should be illegal. But theres also cybersex,

pornography, file-sharing (SOPAs main target) and the most controversial

provision, online libel.

Now, as someone who has been the target of many a vicious

attack from commenters or forum posters, I can understand frustration

with the nature of online anonymous criticism. But to actually try to make

such a thing illegal? You wade into dangerous waters that anything

resembling freedom of speech will likely drown in. And thats overlooking

the free speech implications trampled by banning pornography and file-

sharing as well, two provisions getting less attention due to the severity

of the libel section.

Over the past few weeks, Filipinos online have been trying to raise

awareness over the potentially dangerous provisions of the Cybercrime

Prevention Law of 2012. Under the guise of campaigning against

cybersex, hacking, identity theft and other online crimes, the Philippine

Congress passed a law, approved by President Aquino, which contains

provisions which go counter to basic human freedoms enshrined in

the Universal Declaration of Human Rights and even the Philippine

Constitution. And it would seem that the campaign have fallen to deaf

ears as the Supreme Court earlier today refused to issue a restraining

order against the implementation of the law (which takes effect just an
40

hour from now). The high court has yet to render its judgment on seven

petitions against the law filed by various lawyers, journalists, bloggers

and human rights activists.

Local studies

Manila Months after the high tribunal upheld its constitutionality the

Cybercrime Prevention Act of 2012 is facing its first test, in the case of a

woman charged with using computer fraud to have P1.4 million in non-

existent remittances sent to her account.

Based on a complaint by the Philippine National Bank, the Las Pinas City

prosecutors office filed two counts of computer-related forgery against

Karla Martinez Ignacio.

The six-page resolution by assistant prosecutor Sylvia Inciso-Butial dated

May 30, 2014 said prosecutors found probable cause to indict Ignacio with

computer-related forgery under Section 4, (b) (1) Chapter II of Republic

Act 10175.

Ignacio allegedly used the computer-contrived data to withdraw

from the PNBs branch in Barangay Almanza, Las Pinas part of a total

P1,373,053 deposited in her savings account and another account in the

name of Ostrich Business Services, which she owns. The fraudulent

transactions started when the PNB branch in Guam informed the head

office of the questionable transactions, triggering an internal probe. In the

course of the investigation, the PNB discovered several unauthorized

transactions, including the purported remittance of P1.2 million by one

41

Sunny Pulan Juan to Ostrich Business Services, and another one for

P173,053 made by Gretchen Quilit Andres to the same branch in

Almanza, and credited also to an account of Ostrich Business Services.

The bank discovered that Ignacio managed to withdraw P150, 000

from these supposed deposits. She was unable to withdraw the rest of the

amount after the bank noticed the fraud.

The prosecutors resolution said there was enough evidence to show

fraudulent transactions, especially since no deposit of money were made

at PNB Guam and that there was an illegal or unauthorized access to the

computer of the said bank branch which allowed the inputting of

inauthentic computer computed data by the remitters (Sunny Pulan Juan

and Gretchen Quilit Andres) whose real identities and whereabouts are

still unknown. Using such inauthentic data, Ignacio went to the bank

branch in Almanza to withdraw the amount on May 16 and that she went

again last May 22 to withdraw the remainder of the account but was

unsuccessful after the bank reversed the amount, prosecutors said. She

knowingly used the said inauthentic data to with intent to gain and with

intent to cause damage to the bank. She probably knew that the money

credited to her accounts are results of illegal access to the computer

system of the PNB, the resolution said.

The Cybercrime Prevention Act was part of a trio of laws meant to

curb various emergent crimes using the internet, but its implementation
42

was stalled for one year after various groups questioned its

constitutionality over provisions seen as violative of the Bill of Rights.

The Supreme Court ruled early this year it is constitutional, but

declared unconstitutional provisions on the takedown clause and one that

allowed real-time monitoring of internet traffic.

CHAPTER 3

METHODOLOGY

This chapter is about the research method and procedures that were use

in the completion of this study. These include research design, research

locale, respondents, research instrument/s, sources of data and methods

of collecting data, and treatment of data.

Research Design

This study employs the descriptive research method to determine the

following: the level of awareness of the Polytechnic College of Davao del

Sur, Inc. students on the Cybercrime prevention act of 2012 in terms of

Cyber Terrorism, Pornography, Cyber Bullying, Cyber Prostitution, Cyber

Laundering, Plagiarism, Piracy, Cyber Trespass (hacking).

Sampling Design and Technique

43

This study employed the purposive sampling design to determine the

Level of awareness of the Cybercrime Prevention Act of 2012 and the

extent self control among the students of Polytechnic College of Davao

Del Sur. Inc .S. Y. 2016 2017 as the respondents of this study.

Slovins Formula:

n = N/ (1+Ne2)

Whereas:

n - No of samples

N Total Population

C- Error Margin / Margin of error

Respondents of the study

The respondents of this study were 100 randomly selected students from

BS Criminology, BS Radiologic Technology, BS Information Technology, BS

Nursing, BS Hospitality Management of Polytechnic College of Davao Del

Sur Who were Enrolled S. Y. 2016 2017.

Research Locale

Polytechnic College of Davao Del Sur, Inc. is one of the pioneer collegiate

institutions in Davao del Sur. It offers Bachelor of Science in Criminology

44

course. It has produced competitive professionals both in the public and

private sectors. It is located in McArthur Highway 8002 Digos City,

Philippines.

Research instruments/s

The instrument that was used in this study Is the survey questionnaires

that was prepared by the researcher and were evaluated by the panelists

during their defense.

Data Gathering Procedure

During the conduct of the study, the researchers Secure permission from

the Dean of Criminology of

the Polytechnic College of Davao Del Sur. Inc. to conduct the study

entitled Level of awareness of the cybercrime Prevention Act of 2012

and the extent self control among students of Polytechnic College of

Davao Del Sur, Inc S. Y. 2016 2017.

Furnish every program head a letter of permission to conduct a

survey of the study in order to solicit their support and cooperation.

Arrange with the program head the schedule of the researchers to

personally conduct the survey. All accomplished questionnaires were

immediately retrieved right after the test administration. The data were

encoded and tabulated for statistical analysis.

45

Statistical Treatment of Data

The data was analyzed using descriptive statistics. The data was treated

with the use of the Arithmetic mean and pearson-R

Frequency Count - A frequency count is a measure of the number of times

that an event occurs

1. Average Weighted Mean

Awm=fx
N

Where:

X- Weighted mean

fx Sum of the product of f and x scores

2. Pearson r

(N-1)(sdx)(dy)
Rp =dxdy

Where:

Rp =Persons coefficient of correlation

46

dxdy =the sum of the product of the deviation of x and y variables

Sdx = Standard deviation of

Dy = Standard deviation of y

= Number of subject
47

Bibliography

https://thepsychologist.bps.org.uk/volume-25/edition-2/self-control-
%E2%80%93-moral-muscle

http://en.wikipilipinas.org/index.php/Cybercrime_Prevention_Act_of_201
2
http://definitions.uslegal.com/c/cybercrimes/

http://freudhistoryandconcepts.blogspot.com/2008/04/3-levels-of-
awareness.html

]. Id. (citing City of Chicago v. Morales, 527 U.S. 41 at 64, 119 S.Ct.
1849).
http://www.ndtv.com/india-news/cyber-criminals-to-be-more-aggressive-
in-2011-study-443824

http://www.nationalcrimeagency.gov.uk/crime-threats/cyber-crime

http://www.kaspersky.com/internet-security-center/threats/cybercrime

http://www.cybercrimejournal.com/ngo2011ijcc

http://astro.temple.edu/~tuc16417/papers/Kirwan

https://www.helpnetsecurity.com/2010/09/08/the-emotional-impact-of-
cybercrime/

http://interaksyon.com/article/89143/cybercrime-law-test-case--
bizwoman-charged-with-drawing-funds-from-forged-remittances

InterAksyon.com
The online news portal of TV5

International Journal of Engineering Sciences & Emerging Technologies,

October 2013. ISSN: 22316604 Volume 6, Issue 2, pp: 142-153 IJESET
48

http://www.ndtv.com/india-news/cyber-criminals-to-be-more-aggressive-
in-2011-study-443824