b. Special Cybercrime Courts

Special Cybercrime Courts

Concept

Special cybercrime courts are designated courts, manned by specially trained judges, that handle cybercrime cases. The designation is stated in Section 21 of the Cybercrime Prevention Act of 2012, alongside the rule that the Regional Trial Court (RTC) has jurisdiction over violations of the Act. (Sec. 21, Rep. Act No. 10175)¹ (Sec. 1, Rep. Act No. 10175)²

Governing provisions

Section 21 governs RTC jurisdiction and the designation of special cybercrime courts. Sections 4 and 5 identify offenses under the Act, while Section 6 addresses crimes defined and penalized by the Revised Penal Code or special laws when committed by, through, and with the use of information and communications technologies (ICT). (Sec. 21, Rep. Act No. 10175)¹ (Sec. 4, Rep. Act No. 10175)³ (Sec. 5, Rep. Act No. 10175)⁴ (Sec. 6, Rep. Act No. 10175)⁵

Requisites / Rules

• The RTC has jurisdiction over any violation of the Act, including a violation committed by a Filipino national regardless of the place of commission. (Sec. 21, Rep. Act No. 10175)¹
• Jurisdiction lies if any element of the violation was committed within the Philippines, or if it was committed using a computer system wholly or partly situated in the country. (Sec. 21, Rep. Act No. 10175)¹
• Jurisdiction also lies when the commission of the violation causes damage to a natural or juridical person who was in the Philippines when the offense was committed. (Sec. 21, Rep. Act No. 10175)¹
• Special cybercrime courts shall be designated and manned by specially trained judges to handle cybercrime cases. (Sec. 21, Rep. Act No. 10175)¹

Distinctions

Distinguish the court’s jurisdiction from the designation of judges and courts to handle cases. Section 21 first places jurisdiction over violations of the Act in the RTC; it then directs the designation of special cybercrime courts. The designation should not be mistaken for a separate grant of jurisdiction to a different level of court. (Sec. 21, Rep. Act No. 10175)¹

Also distinguish offenses specified in the Act from crimes defined and penalized under the Revised Penal Code or special laws that are committed by, through, and with the use of ICT. Section 6 covers the latter under the relevant provisions of the Act and provides for a penalty one degree higher than that prescribed by the applicable penal law. (Sec. 4, Rep. Act No. 10175)³ (Sec. 5, Rep. Act No. 10175)⁴ (Sec. 6, Rep. Act No. 10175)⁵

Key doctrines

For a cybercrime jurisdiction question, identify the alleged violation and then check the connecting circumstances stated in Section 21: an element committed in the Philippines, use of a computer system wholly or partly situated here, or damage to a person present here at the time of the offense. The provision expressly includes violations committed by Filipino nationals regardless of where committed. (Sec. 21, Rep. Act No. 10175)¹

Bar tip

State the RTC jurisdiction rule before discussing the specially designated court. Do not treat the place of commission as the only circumstance relevant to jurisdiction; apply the alternatives in Section 21 to the facts given. (Sec. 21, Rep. Act No. 10175)¹