The situation, in brief
The Philippines’ cybercrime law is outdated and increasingly unable to address AI-driven online scams, with authorities constrained by court rulings that limit the government’s power to block malicious sites without judicial approval, according to the Cybercrime Investigation and Coordinating…
The Philippines’ cybercrime law is outdated and increasingly unable to address AI-driven online scams, with authorities constrained by court rulings that limit the government’s power to block malicious sites without judicial approval, according to the Cybercrime Investigation and Coordinating Center (CICC).
“So it’s a combination of both, na we need our laws to be flexible enough to allow na makapag-block tayo,” CICC Undersecretary Renato “Aboy” Paraiso said during the DZRH News program “Special on Saturday” on February 7.
Paraiso said enforcement agencies remain bound by the Supreme Court’s (SC) 2014 Disini ruling, which struck down warrantless website blocking and now shapes how authorities respond to online scams.
In Disini v. Secretary of Justice, the High Court upheld the constitutionality of the Cybercrime Prevention Act of 2012 but invalidated key provisions, including the Justice Department’s authority to restrict or block access to computer data without a warrant.
“’Yung mga identified crimes don’t, hindi pa nasasakop kasi ’yung RA 10175 or the Cybercrime Prevention Act of 2012, at 2012 pa ho, hindi pa natin na-update,” Paraiso said.
He said the ruling, while intended to protect free speech, privacy, and due process, now poses challenges as scammers exploit legal safeguards meant for constitutional protection.
“And then there’s also that need to upgrade our capabilities pagdating sa mga firewalls natin at tsaka ’yung mga systems natin para sa detection tools natin para ho to combat these mga iba’t ibang types of scammers,” he said.
Paraiso said many AI-driven scam operations are run by well-funded and organized groups based overseas, making prosecution difficult under territorially bound laws.
“’Yung mga organized types of love scam, gumagamit ng mga AI-generated na videos and photos, well-organized at tsaka well-funded na mga scam hubs, at nasa ibang bansa sila,” he said.
He said long-term solutions require both domestic reforms and international coordination to close legal gaps while preserving constitutional rights.
“Ang pinaka-solusyon talaga dito is ’yung mga kaalyado nating bansa and the group of nations come together to formulate a universal policy and law, at kasabay nito ang pag-upskill ng mga hukom para sa tamang appreciation ng digital evidence,” Paraiso said.
