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Art Critique Paper of Guillermo Tolentino’s Andres Bonifacio’s Monument

The artist who created the artwork was Guillermo Estrella Tolentino. One of his artworks that really stand out was the Andres Bonifacio’s Monument. It was a sculpture and it was made on November 30, 1933.  It was made during the time when the issue of Philippine independence from the American government was being deliberated which many of those who participated in the revolution was still around. Nationalistic feeling around the country was very much intense during that time. Others would say that although Tolentino sculpted all the other figures in the realistic style, the figure of Bonifacio in Barong Tagalog was the only figure done in the classical style. The reason for that was that is what the Americans wanted because a rebellious-looking Bonifacio might inspire another rebellion.

The monument shows Bonifacio as a man dressed in camisa de chino with a bolo at one hand and the Katipunan flag on the other. The statue or monument was known for its details. It has a crowned figure with wings that symbolizes triumph or victory. The molded images of human figures are the classic style with detailings marked by realistic expressions symbolizing revolutionary spirit.

The literal objects seen in the monument was the lifework of Andres Bonifacio. It consists of a 45-foot pylon topped by the winged figure of victory. Its base is a platform-like structure with figures that symbolizes the Philippine Revolution. The pylon encompasses five parts which corresponds to the five aspects of the Kataastaasan, Kagalanggalang na Katipunan ng mga Anak ng Bayan (KKK). The statue stood in a base in the shape of an octagon whose eight sides symbolize the first eight provinces placed under martial law for revolting against Spain and the eight rays in the Philippine flag. The three steps leading to the monument, symbolizes the three centuries of Spanish rule.

When I looked at the artwork, I notice that Filipinos have shown their patriotism and courage throughout the ages as shown by the many heroes who have given up their lives the country’s freedom, and perhaps the Filipino who is best known for his bravery is Andres Bonifacio.  Because of his unparalleled legacy and sacrifices for Philippine independence, there have been many tributes to him, but probably the most well-known is the Andres Bonifacio Monument in Caloocan.

The colors that I have noticed in the sculpture was a combination of black and brown. I can describe the sculpture as heroism. Because it portrays people who gives a big contribution to our country. They are the reason why Filipinos have now their rights and freedom.  My critique for the artwork was it was a very beautiful artwork that depicts a thousand words and meanings. The medium that was used by the artist was modelled in clay and specifically it was cast in bronze and welded metals. The general condition of the artwork was it was still stable and amazing to look at. The display of this monument is considered as a complex sculptural. In addition to that it is best when placed on a base with a higher elevation. The sculpture is a representational of recognizable people who fought of independence in our country. The sculpture was a group of figures that can be considered physical and psychological relationships among figures. Movements from figure to figure can be identified as rhythmic and patterned. The line in the sculpture depicts a contour because it has a closed silhouette. And no linear elements are present in the sculpture. The color of the sculpture with a mix combination of black and brown. The artwork is descriptive, because it really gives information to the viewers what the sculpture is all about. It can also be expressive because the artist itself has its own reason in creating that artwork of sculpture.

The elements of arts are the visual components of color, form, line, shape, space, texture and value.  From the Elements of Art, the element of line the sculpture can be distinguished as a 3-dimensional object. The element of line defined by a point moving in space. The element of shape that the sculpture can be said as a 3- dimensional object and has its height and width. The element of form that the sculpture is similar to the line, can also be a 3-dimensional object but what differs is that it involves or encloses with volume, height, width and depth. It can also be a free flowing. The element of value in the sculpture was considered as in between of darkness because the color is a combination of black and brown. That value halfway between this colors is called the middle grey. The element of space in the sculpture was both the positive and negative areas that is considered to be sense of depth achieved in a work of art. The element of color in the sculpture, combination of brown and black. The aspect of intensity that belongs to the part of color wherein it has the intensity of low intensity because it has the color of faint and dull. And lastly the element of texture wherein of you can touch it, it’s very smooth and nice to look at.

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Art Critique Paper of Guillermo Tolentino’s Oblation

The Oblation, sometimes called as Pahinungod Oblasyon in Filipino, is a concrete statue by Guillermo Estrella Tolentino. The statue serves as the iconic symbol of the University of the Philippines (UP). The statue is a man who is facing upward with his arms outstretched, which symbolizes his selfless offering to his union. The work was situated at U.P. Padre Faura on November 30, 1931. The sculpture or statue was originally made of reinforced concrete that was painted to look like bronze when it was created in 1935. The statue symbolizes Jose Rizal’s Mi Ultimo Adios in which all unknown heroes who died to free our country from the hands of the Spaniards. In conclusion, this statue symbolizes freedom, selfless dedication and service to the nation.

The sculpture has a height of 3.5 meters, which symbolizes the 350 years of Spanish occupation in the Philippines. Tolentino describes the sculpture as the selfless dedication and service to the nation of the Filipino heroes. The sculpture was originally naked, but as morality was customary at that time, it was modified by former U.P. President, Jorge Bocobo, adding a fig leaf to cover the statue’s genitals. U.P. students of batches 1935 to 1936 funded the sculpture.

Upon the creation of the statue, Tolentino applied the elements and principles of art in his work of the Oblation. The elements of arts used is organic shape which takes the shape of a human tactile structure as you can see the bronze like skin. Obviously if an artwork is composed of shapes, it will also have lines since shapes are made of lines. Form is also present in the statue given that it is three dimensional. With the details of the artwork to make it more realistic, Tolentino applied the element of texture. The principles of art used are harmony as the whole thing looks whole, balance as it supports itself upright and the body is symmetrical, emphasis because it is the first thing you see when you go to U.P., rhythm because it gives you a certain emotion, and lastly, proportion as it gives you a hierarchical scale of an person and it’s proportionate to everything. The application of the elements gave realism to the art piece because it did not present idealization or distortion. Also, it gave a depth in the statue’s symbolisms.

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Art Critique Paper of Guillermo Tolentino’s Filipino Illustres

“Filipino Illustres” is an illustration finished by Guillermo Estrella Tolentino around 1911. It depicts the prospect of gathering the prominent figures of Filipino nationalism in to one eloquent frame. Tolentino became a renowned artist but did not receive any remuneration for his work. The work acts as a formal portrait and was accustomed from photos in Philippine history textbooks.

The work constituted the different Filipino beau ideals. The front encompassed Jose Rizal, Andres Bonifacio, Antonio Luna, Jacinto Zamora, Marcelo Del H. Del Pilar, Apolinario Mabini, and Jose Burgos with the absence of Mariano Gomez and Jacinto Zamora, while standing in the back were the obscure Filipino icons such as Zulueta, Paterno, Regidor, and the others. The Partido Nacionalista emblem was hung above the group of Filipino heroes, though there are other versions that shows otherwise.

The work manifests the elements of art which were line, shape, value, space, color, and texture. The illustration consisted lines, which were used to connect the shapes to form a formal portrait of the Filipino heroes in one setting. Colors and value were also present in the masterpiece. They were used to emphasize the shadows and texture of the portrait to delineate the naturalism and to show the depth of space of the artwork. With the elements of art shown, the principles of art were also present in the illustration such as the balance, emphasis, proportion, gradation, harmony, and variety. The work was both asymmetrical and symmetrical. It is asymmetrical in the sense that it disperse a sense of possibility of having the renowned exemplars in Philippine history in one ambient frame. It was also symmetrical with the balance presentation of the curtains above the group. Proportion and emphasis were also present to accentuate the illustration and the message it insinuated to its audience. The role of color and value was distinguished in the artwork as the color represented the luminosity while the value controlled the colors to highlight the texture and shadow of the work. In gradation, the transition of the light color to dark color gives a whole new depth to the illustration making it more realistic to the point that you will almost believe that a formal group picture was taken in history. Also, there was harmony which combines similar elements such as lines to shapes, and color to value. Since Tolentino applied almost all of the elements of art in his art piece, it gave variety making the piece appealing to its audience and viewers.

As a Filipino citizen, I can truly say that the “Filipino Illustres” is truly a masterpiece. Its composition augmented concinnity to the elements and principle of art. The expression of Tolentino’s ideas and message was clearly expressed to the audience. The creativity of the design and idea is unique given that it was the first artwork that reimagines the unity of the Filipino national heroes. In a generation where nationalism is gradually deteriorating, Tolentino’s artwork dispels Filipino pride. The assemblage of the country’s heroes symbolizes unity and Filipino freedom. It also symbolizes Filipino patriotism to the motherland, given the depth of its application of the elements and principle of art which creates a sensational effect to the viewers especially to the Filipinos.

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Infographic

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ICT as a Platform for Change

As a Digital Citizen, I would make sure that I would properly utilize the information technology has given to us. It is my responsibility as a citizen to have an adequate amount of knowledge of the different technologies, especially the internet. With that, we have to know and understand the digital citizenship elements so that we can apply it to ourselves which will create a ripple of positive effect in the digital world.

Choose one from nine elements of digital citizenship. Write the element title, its definition, importance, advantage and disadvantage.

 From the nine elements, I choose digital security. Digital security is electronic precautions to guarantee safety. Because of the rapid and prevalent use of technology specifically the internet, it is important as digital citizens to be secured online. The digital world, like in real life, is also full of deceptive individuals. We must be prepared and cautious to the people we trust. The advantage of digital security is that it gives us safety in the digital world, while its disadvantage is that it’s harder for us to trust other people.

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Interactive Multimedia

From Interactive Multimedia, choose one uses of it (e.g. Education, Training, Games and likes), give example of websites or application out from it and discuss a brief importance and function about it. 

For me, I think the most important use of interactive multimedia is education. Because of interactive multimedia, I can interact with my teachers outside school premises. Also, whenever there was something I didn’t understand from the teacher in school, I can always watch videos from YouTube. In YouTube, people can post their videos and show it to the world. There are videos with educational content that can help me understand the lessons discussed by the teacher. Interactive multimedia helped me and my group mates in making our Filipino research last year by the online survey forms in Google. Instead of conducting a survey using the traditional method, we used Google Forms to make our work more efficient. Interactive multimedia allows us to expand our views. It made our lives easier especially in the field of education.

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Guillermo Tolentino Infographic PT

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Curriculum Vitae

*Details are Not Real

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Google Tool

What Google Tool is best for you and why? You may include situation where it is helpful in work, school or community. 

Answer: Aside from Google Docs and Google Drive which are the major contributors of my education, Google Maps is also helpful in school and in the community. In our research, the fabricator’s house was unfamiliar to us. We need a map for us to go there. By using Google Maps, we were able to know the specific location.

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Online Safety, Security, Ethics, and Etiquette

Share an experience that you have always tend to do but later did you discover that it is not a standard of ONLINE SAFETY, SECURITY, ETHICS, AND ETIQUETTE.

Answer:

I have a lot of exploit wherein I did not follow the standard of online safety, security, ethics, and etiquette. My hobbies comprise watching movies, reading, and playing games in the computer especially the sims 4. Since my mother doesn’t want me to spend a lot of money, I tend to download them freely on the internet. The lesson made me aware that we should not result to piracy because it would be unfair to the developers of the program, game, or movie. Also, because I tend to forgot things, my passwords are usually weak which I just realized from the lesson that it should be strong so that it will protect your account from unfortunate events.

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Information Communication and Technology

Question #1: Which sector (business, education, energy, health, entertainment, manufacturing, construction and etc.) do you think had the biggest impact in terms of effect of ICT in the Philippines? Give a brief statement explaining how did this sector contributed from ICT? 

Answer #1: I think the sector that had the biggest impact in terms of effect of ICT in the Philippines is entertainment and business. Entertainment includes games and social medias such as Facebook, Twitter, and Instagram. The entertainment sector contributed from ICT given that Filipinos are fond of using social medias in their everyday lives because they communicate a lot with their loved ones, and express their opinions and ideas. Also, some of the Filipinos especially the youth are addicted in playing different games. In the business sector, ICT plays an essential role especially in online stores and databases in companies. Some Filipinos are now shopping online for convenience 

Question #2: Name an application or website that helped you in your life as a person and also tell how this application or website helped you. 

Answer #2: The website or application that helped me the most is YouTube and Google Search Engine. As a student, I watched videos in YouTube to help me understand the lessons in school. Also, Google helped me whenever I needed information especially in our research class.

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Philippine Laws

RA 9239 Optical Media Act

It is hereby declared to be the policy of the State to ensure the protection and promotion of intellectual property rights. The unregulated mastering, manufacture, replication, importation and exportation of optical media in all forms is inimical to economic growth and public interest. Towards this end, the State shall institute the means to regulate the manufacture, mastering, replication, importation and exportation of optical media.

Offenses and Penalties. 

Imprisonment of at least three (3) years but not more than six (6) years, and a fine of not less than Five Hundred thousand pesos (Php 500,000.00) but not exceeding One Million five hundred thousand pesos (Php 1,500,000.00), at the discretion of the Court, shall be imposed on any person, natural or juridical.

Imprisonment of at least one year but not more than three years and a fine not less than one hundred thousand pesos, but not exceeding five hundred thousand pesos, at the discretion of the court, for the following offenses:

For purposes of this subsection, violators who will employ armed resistance against agents of the OMB shall be penalized under other applicable laws in addition to those provide in this Act; and

Imprisonment of at least 30 days but not more than 90 days or a fine of not less than 25,000.00 pesos but not exceeding fifty thousand pesos at the discretion of the court:

 Knowingly possess items of the same content or title, produced in violation of this Act, and used for the purpose with the intent to profi;

 Engaging in the sale, rental, distribution, importation, exportation of, or any other commercial activity involving optical media that are in violation of this Act.

For subsequent offenses in Section 19(a), uniform imprisonment of six (6) years but not more than nine (9) years and a fine of not less than One Million five hundred thousand pesos (Php 1,500,000.00) but not exceeding Three million pesos (Php 3,000,000.00) at the discretion of the Court, shall be imposed.

For subsequent offenses in Section 19(b), uniform imprisonment of three (3) years but not more than six (6) years and a fine of not less than Five hundred thousand pesos (Php 500,000.00) but not exceeding One million five hundred pesos (PHp 1,500,000.00) at the discretion of the Court, shall be imposed.

SOURCE: https://lawphil.net/statutes/repacts/ra2004/ra_9239_2004.html

RA 4200 Anti-wire Tapping Act

It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described: It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the next preceding sentence, to knowingly possess any tape record, wire record, disc record, or any other such record, or copies thereof, of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law; or to replay the same for any other person or persons; or to communicate the contents thereof, either verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to any other person: Provided, That the use of such record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses mentioned in section 3 hereof, shall not be covered by this prohibition.

Any person who willfully or knowingly does or who shall aid, permit, or cause to be done any of the acts declared to be unlawful in the preceding section or who violates the provisions of the following section or of any order issued thereunder, or aids, permits, or causes such violation shall, upon conviction thereof, be punished by imprisonment for not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification from public office if the offender be a public official at the time of the commission of the offense, and, if the offender is an alien he shall be subject to deportation proceedings.

Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authorized by a written order of the Court, to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other offenses against national security: Provided, That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed or is being committed or is about to be committed: Provided, however, That in cases involving the offenses of rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, and inciting to sedition, such authority shall be granted only upon prior proof that a rebellion or acts of sedition, as the case may be, have actually been or are being committed; (2) that there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for, or to the solution of, or to the prevention of, any of such crimes; and (3) that there are no other means readily available for obtaining such evidence. The order granted or issued shall specify: (1) the identity of the person or persons whose communications, conversations, discussions, or spoken words are to be overheard, intercepted, or recorded and, in the case of telegraphic or telephonic communications, the telegraph line or the telephone number involved and its location; (2) the identity of the peace officer authorized to overhear, intercept, or record the communications, conversations, discussions, or spoken words; (3) the offense or offenses committed or sought to be prevented; and (4) the period of the authorization. The authorization shall be effective for the period specified in the order which shall not exceed sixty (60) days from the date of issuance of the order, unless extended or renewed by the court upon being satisfied that such extension or renewal is in the public interest. All recordings made under court authorization shall, within forty-eight hours after the expiration of the period fixed in the order, be deposited with the court in a sealed envelope or sealed package, and shall be accompanied by an affidavit of the peace officer granted such authority stating the number of recordings made, the dates and times covered by each recording, the number of tapes, discs, or records included in the deposit, and certifying that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the envelope or package deposited with the court. The envelope or package so deposited shall not be opened, or the recordings replayed, or used in evidence, or their contents revealed, except upon order of the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded. The court referred to in this section shall be understood to mean the Court of First Instance within whose territorial jurisdiction the acts for which authority is applied for are to be executed.

SOURCE: https://lawphil.net/statutes/repacts/ra1965/ra_4200_1965.html

RA 10175 Cybercrime Prevention Act

Cybercrime Offenses. — The following acts constitute the offense of cybercrime punishable under this Act: (A) Offenses against the confidentiality, integrity and availability of computer data and systems: (1) Illegal Access. – The access to the whole or any part of a computer system without right. (2) Illegal Interception. – The interception made by technical means 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. (3) 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. (4) 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. (5) Misuse of Devices. (6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is: (i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration (ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and (iii) Acquired without right or with intellectual property interests in it. (C) Content-related Offenses: (1) Cybersex. — The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration. (2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775 (3) Unsolicited Commercial Communications. — The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless: (i) There is prior affirmative consent from the recipient; or (ii) The primary intent of the communication is for service and/or administrative announcements from the sender to its existing users, subscribers or customers; or (iii) The following conditions are present: (aa) The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject. receipt of further commercial electronic messages (opt-out) from the same source; (bb) The commercial electronic communication does not purposely disguise the source of the electronic message; and (cc) The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message.

Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both. Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with imprisonment of prision mayor or a fine of not more than Five hundred thousand pesos (PhP500,000.00) or both. If punishable acts in Section 4(a) are committed against critical infrastructure, the penalty of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to maximum amount commensurate to the damage incurred or both, shall be imposed. Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) but not exceeding One million pesos (PhPl,000,000.00) or both. Any person found guilty of any of the punishable acts enumerated in Section 4(c)(2) of this Act shall be punished with the penalties as enumerated 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. Any person found guilty of any of the punishable acts enumerated in Section 4(c)(3) shall be punished with imprisonment of arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00) but not exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both. Any person found guilty of any of the punishable acts enumerated in Section 5 shall be punished with imprisonment one (1) degree lower than that of the prescribed penalty for the offense or a fine of at least One hundred thousand pesos (PhPl00,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00) or both.

SOURCE: https://www.lawphil.net/statutes/repacts/ra2012/ra_10175_2012.html

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Philippine Laws

RA 8792 E-commerce Act of 2000

The State recognizes the vital role of information and communications technology (ICT) in nation-building; the need to create an information-friendly environment which supports and ensures the availability, diversity and affordability of ICT products and services; the primary responsibility of the private sector in contributing investments and services in telecommunications and information technology; the need to develop, with appropriate training programs and institutional policy changes, human resources for the information technology age, a labor force skilled in the use of ICT and a population capable of operating and utilizing electronic appliances and computers; its obligation to facilitate the transfer and promotion of technology; to ensure network security, connectivity and neutrality of technology for the national benefit; and the need to marshal, organize and deploy national information infrastructures, comprising in both telecommunications network and strategic information services, including their interconnection to the global information networks, with the necessary and appropriate legal, financial, diplomatic and technical framework, systems and facilities.

The penalties for any persons found guilty are: (a) Hacking or crackling with refers to unauthorized access into or interference in a computer system/server or information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic documents shall be punished by a minimum fine of One Hundred Thousand pesos and a maximum commensurate to the damage incurred and a mandatory imprisonment of six months to three years; (b) Piracy or the unauthorized copying, reproduction, dissemination, or distribution, importation, use, removal, alteration, substitution, modification, storage, uploading, downloading, communication, making available to the public, or broadcasting of protected material, electronic signature or copyrighted works including legally protected sound recordings or phonograms or information material on protected works, through the use of telecommunication networks, such as, but not limited to, the internet, in a manner that infringes intellectual property rights shall be punished by a minimum fine of one hundred thousand pesos and a maximum commensurate to the damage incurred and a mandatory imprisonment of six months to three years; (c) Violations of the Consumer Act of Republic Act No. 7394 and other relevant to pertinent laws through transaction covered by or using electronic data messages or electronic documents, shall be penalized with the same penalties as provided in those laws; (d) Other violations of the provisions of this Act, shall be penalized with a maximum penalty of one million pesos or six years imprisonment.

SOURCE: https://www.lawphil.net/statutes/repacts/ra2000/ra_8792_2000.html

RA 8484 Access Devices Regulation Act

The State recognizes the recent advances in technology and the widespread use of access devices in commercial transactions. Toward this end, the State shall protect the rights and define the liabilities of parties in such commercial transactions by regulating the issuance and use of access devices.

The following acts shall constitute access device fraud and are hereby declared to be unlawful: (a) producing, using, trafficking in one or more counterfeit access devices; (b) trafficking in one or more unauthorized access devices or access devices fraudulently applied for; (c) using, with intent to defraud, an unauthorized access device; (d) using an access device fraudulently applied for;(e) possessing one or more counterfeit access devices or access devices fraudulently applied for; (f) producing, trafficking in, having control or custody of, or possessing device-making or altering equipment without being in the business or employment, which lawfully deals with the manufacture, issuance, or distribution of such equipment; (g) inducing, enticing, permitting or in any manner allowing another, for consideration or otherwise to produce, use, traffic in counterfeit access devices, unauthorized access devices or access devices fraudulently applied for; (h) multiple imprinting on more than one transaction record, sales slip or similar document, thereby making it appear that the device holder has entered into a transaction other than those which said device holder had lawfully contracted for, or submitting, without being an affiliated merchant, an order to collect from the issuer of the access device, such extra sales slip through an affiliated merchant who connives therewith, or, under false pretenses of being an affiliated merchant, present for collection such sales slips, and similar documents; (i) disclosing any information imprinted on the access device, such as, but not limited to, the account number or name or address of the device holder, without the latter's authority or permission; (j) obtaining money or anything of value through the use of an access device, with intent to defraud or with intent to gain and fleeing thereafter; (k) having in one's possession, without authority from the owner of the access device or the access device company, an access device, or any material, such as slips, carbon paper, or any other medium, on which the access device is written, printed, embossed, or otherwise indicated; (l) writing or causing to be written on sales slips, approval numbers from the issuer of the access device of the fact of approval, where in fact no such approval was given, or where, if given, what is written is deliberately different from the approval actually given; (m) making any alteration, without the access device holder's authority, of any amount or other information written on the sales slip; (n) effecting transaction, with one or more access devices issued to another person or persons, to receive payment or any other thing of value; (o) without the authorization of the issuer of the access device, soliciting a person for the purpose of: 1) offering an access device; or 2) selling information regarding or an application to obtain an access device; or (p) without the authorization of the credit card system member or its agent, causing or arranging for another person to present to the member or its agent, for payment, one or more evidence or records of transactions made by credit card.

Any person committing any of the acts constituting access device fraud enumerated in the immediately preceding section shall be punished with: (a) a fine of Ten thousand pesos or twice the value obtained by the offense, whichever is greater and imprisonment for not less than six years and not more than ten years, in the case of an offense under Section 9, and which does not occur after a conviction for another offense under Section 9; (b) a fine of Ten thousand pesos or twice the value obtained by the offense, and imprisonment for not less than ten years and for not more than twelve years, in the case of an offense under Section 9, and of the foregoing section, which does not occur after a conviction for another offense under Section 9; and (c) a fine of Ten thousand pesos or twice the value obtained by the offense, or imprisonment for not less than twelve years and not more than twenty years, or both, in the case of any offense under Section 9, which occurs after a conviction for another offense under said subsection, or an attempt to commit the same.

The disclosures required under Section 4 of this Act may be omitted in any telephone solicitation or application if the credit card issuer: (a) does not impose any fee in connection with paragraph (1), Section 4 of this Act; (b) does not impose any fee in connection with telephone solicitation unless the consumer signifies acceptance by using the card; (c) discloses clearly the information described in Section 4 of this Act in writing within thirty days after the consumer requests the card, but in no event later than the date of delivery of the card; and (d) discloses clearly that the consumer is not obligated to accept the card or account and the consumer will not be obligated to pay any fees or charges disclosed unless the consumer elects to accept the card or account by using the card.

SOURCE: https://www.lawphil.net/statutes/repacts/ra1998/ra_8484_1998.html

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Philippine Laws

RA 8293 Intellectual Property Code of the Philippines

The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act. The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good. It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines. 

The penalties for any person found guilty of violating any of the prohibitions enumerated are (a) Imprisonment of one year to three years plus a fine ranging from Fifty thousand pesos to One hundred fifty thousand pesos for the first offense. (b) Imprisonment of three years and one day to six years plus a fine ranging from One hundred fifty thousand pesos to Five hundred thousand pesos for the second offense.(c) Imprisonment of six years and one day to nine years plus a fine ranging from five hundred thousand pesos to One million five hundred thousand pesos for the third and subsequent offenses. (d) In all cases, subsidiary imprisonment in cases of insolvency.

In exceptional or meritorious cases where substantial benefits will accrue to the economy, such as high technology content, increase in foreign exchange earnings, employment generation, regional dispersal of industries and/or substitution with or use of local raw materials, or in the case of Board of Investments, registered companies with pioneer status, exemption from any of the above requirements may be allowed by the Documentation, Information and Technology Transfer Bureau after evaluation thereof on a case by case basis.

SOURCE: https://www.lawphil.net/statutes/repacts/ra1997/ra_8293_1997.html

RA 9995 Anti-photo & video Voyeurism Act

The acts that are considered punishable in this law are the following: (a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public area, buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy; (b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration; (c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or (d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device.

The penalties for any person found guilty of violating any of the prohibitions enumerated under Section 4 of R.A. 9995 range from an imprisonment of 3 to 7 years and a fine of P100,000.00 up to P500,000.00 at the discretion of the court. Additional penalties are meted for the following violators: juridical persons, public officers or employees, and aliens. Juridical Persons such as Corporations and Partnerships who violate this law will have their licenses or franchises automatically revoked and their officers held liable, including the editor and reporter in the case of print media, and the station manager, editor, and broadcaster in the case of broadcast media. Public officers or employees who violate this law shall also be held administratively liable, whereas aliens who violate the law shall be subject to deportation proceedings after they serve their sentence and pay the fines imposed.

In the case of an exemption, nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authorized by a written order of the court, to use the record or any copy thereof as evidence in any civil, criminal investigation or trial of the crime of photo or video voyeurism: Provided, That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he/she may produce, and upon showing that there are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be committed, and that the evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of such, crime. 

SOURCE: https://www.lawphil.net/statutes/repacts/ra2010/ra_9995_2010.html

RA 9775 Anti-child Pornography Act

The acts that are considered punishable in this law are the following: (a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public area, buttocks or female breast without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy; (b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration; (c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or (d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device.

The penalties for any person found guilty of violating any of the prohibitions enumerated are imprisonment of not less that three (3) years but not more than seven (7) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court shall be imposed upon any person found guilty of violating Section 4 of this Act.If the violator is a juridical person, its license or franchise shall be automatically be deemed revoked and the persons liable shall be the officers thereof including the editor and reporter in the case of print media, and the station manager, editor and broadcaster in the case of a broadcast media.If the offender is a public officer or employee, or a professional, he/she shall be administratively liable.If the offender is an alien, he/she shall be subject to deportation proceedings after serving his/her sentence and payment of fines.

In the case of an exemption, nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authorized by a written order of the court, to use the record or any copy thereof as evidence in any civil, criminal investigation or trial of the crime of photo or video voyeurism: Provided, That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he/she may produce, and upon showing that there are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be committed, and that the evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of such, crime.

SOURCE: https://www.lawphil.net/statutes/repacts/ra2009/ra_9775_2009.html