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Module 13 Computer Crimes: Research on ten Philippine e-commerce related crimes that were successfully solved by the government. State the crime committed, name of criminals, court's decision and include the source of your information.

1. Name of criminals: JJ Maria Giner
Crime committed: Cyber-crime particularly hacking
Courts decision: The first Filipino to be convicted in September 2005 by Manila MTC Branch 14 by Judge Rosalyn Mislos-Loja. Giner pleaded guilty to hacking the government portal "gov.ph" and other government websites. He was sentenced to one to two years of imprisonment and fined Php100,000. However, he immediately applied probation, which was eventually granted by the court.
Source of information:http://www.unafei.or.jp/english/pdf/RS_No79/No79_12PA_Sosa.pdf

2. Name of criminals: Cyber City Teleservices
Crime committed: Allegedly running a porn business and selling sex toys in the internet.
Courts decision: The management of Cyber City is charged with violation of Article 201 of the Revised Penal Code, otherwise known as “Immoral doctrines, obscene publications and exhibitions and indecent shows”, in relation to Republic Act 8792 “Electronic Commerce Act”. A joint team from the CIDG Davao and CIDG-Task Force Maverick from Camp Crame, Quezon City raided the call center on Thursday, based on the search warrant issued by Robillo. The court issued three search warrants to cover three floors of the call center. Listed on the search warrants were a) more or less 200 computer units, inclusive of desktop computer, laptops, and its peripherals connected or remote; b) modem routers connected either by cable or remote; c) documents and article used in recruitment's; d) other communication/electric devices connected or remote; e) CD’s, DVD’s flash disks, diskettes; f) camera, video camera, photocopiers/Xerox machines, scanners and other storage media.
Source of information: http://durianpost.wordpress.com/category/sex-video/

3. Name of criminals: MCC INDUSTRIAL SALES CORPORATION, petitioner VS. SSANYONG CORPORATION, respondents
Crime committed: The two corporations conducted business through telephone calls and facsimile or telecopy transmissions. On November 16, 2001, Ssangyong then filed a civil action for damages due to breach of contract against defendants MCC when they refused to open the L/C in the amount of US$170,000.00 for the remaining 100MT of steel under Pro Forma Invoice Nos. ST2-POSTS0401-1 and ST2-POSTS0401-2.
Courts decision: After trial on the merits, the RTC rendered its Decision on March 24, 2004, in favor of Ssangyong. The trial court ruled that when plaintiff agreed to sell and defendants agreed to buy the 220MT of steel products for the price of US$1,860 per MT, the contract was perfected. The subject transaction was evidenced by Pro Forma Invoice Nos. ST2-POSTS0401-1 and ST2-POSTS0401-2, which were later amended only in terms of reduction of volume as well as the price per MT, following Pro Forma Invoice Nos. ST2-POSTS080-1 and ST2-POSTS080-2. The RTC, however, excluded Sanyo Seiki from liability for lack of competent evidence. The fallo of the decision reads:
WHEREFORE, premises considered, Judgment is hereby rendered ordering defendants MCC Industrial Sales Corporation and Gregory Chan, to pay plaintiff, jointly and severally the following:
1) Actual damages of US$93,493.87 representing the outstanding principal claim plus interest at the rate of 6% per annum from March 30, 2001.
2) Attorney's fees in the sum of P50,000.00 plus P2,000.00 per counsel's appearance in court, the same being deemed just and equitable considering that by reason of defendants' breach of their obligation under the subject contract, plaintiff was constrained to litigate to enforce its rights and recover for the damages it sustained, and therefore had to engage the services of a lawyer.
3) Costs of suit.
No award of exemplary damages for lack of sufficient basis.
Source of information: http://www.lawphil.net/judjuris/juri2007/oct2007/gr_170633_2007.html

4. Name of criminals: Roschelle Claro
Crime committed: Accused of stealing company secrets from VMC using a universal serial bus USB thhumb drive which was used to copy proprietary company information.
Courts decision: The case was resolved a year later. Although details of the settlement was held by the courts, the license of the chemist was permanently revoked.
Source of information:http://technology.inquirer.net/infotech/infotech/view/20080708-147196/First-cybercrime-case-for-2008-filed-at-DoJ

5. Name of criminals: Alvin Lazo, Shift Manager; Catherine Joy dela Cruz, Operation Manager; Roxanne Tala; Lito Guaro, both Supervisors and thirty-two (32) chat sales agents and Albert Atienza who is the owner.
Crime committed: Disguised as a call center but is actually engaged in selling of pornographic sites through online chatting using Yahoo messenger and iMesh applications.
Courts decision: They are all arrested, however, Albert Atienza was not around and nowhere to be found during the operation. Seized were the following pieces of evidence: sixty (60) sets of computer, 3 hubs, 3 modems, 4 routers, 1 printer with scanner, 1 telephone landline and 1 printer.
Source of information:http://cidg.pnp.gov.ph/accomplishments/2011/MOAR%20%28January%202011%29.pdf

6. Name of criminals: Macnell Gracilla, Francisco Manalac, Regina Balura and Paul Michael Kwan.
Crime committed: The group was allegedly behind attacks which is hacking on the US telecommunication firm AT&T that resulted in $2 million losses to the company in 2009 financed by Saudi terrorists cell.
Courts decision: They are being arrested and confiscated computers and telecommunication equipment believed to be used by them in their hacking activities.
Source of information: http://technology.inquirer.net/6397/pnp-fbi-bust-group-of-filipino-hackers-backed-by-saudi-terrorists

7. Name of criminals: Wu Yen Jung
Crime committed: Involve hacking into merchant's websites, stealing credit card account used to purchase goods online; and putting up a bogus shopping website and turns out wanted for murder in Taiwan
Courts decision: Wu is now undergoing deportation proceedings after he was arrested by elements of the BI-Fugitive Search Unit (FSU) last Sept. 19. inside the National Bureau of Investigation (NBI) headquarters in Taft Ave., Manila. It was learned that the BI operatives picked up Wu at the NBI where he was detained since Sept. 14 when he, along with 14 other Taiwanese, were arrested inside their safe houses in Quezon City for involvement in credit card fraud transactions.
Source of information:http://immigration.gov.ph/index.php?option=com_content&task=view&id=1129&Itemid=78

8. Name of criminals: Lim King alias Young Ma Park and Leung Hung Ying alias Sung Seub Lee
Crime committed: Conviction for fraud were found to have obtained dgital camera worth Php521,498 at Avid Sony Shop and furniture worth Php28, 661 from SM Home World. They used counterfeit American Express Cards to effect the purchase.
Courts decision: They sentenced each to three years in jail and a fine of Php121, 738. The two pleaded guilty when charged, which explained the lighter jail term, normally a maximum of five years and lower fine.
Source of information: http://www.philstar.com/Article.aspx?articleId=95600

9. Name of criminals: Jiang Ming Zhi, Jhuang Shang Ti, Zheng Huo Yan, Joshua Chen, Lee Hokbeng, Johan Ang, Uang Zhu Sy, Wen Jhong, William Tan, Kim Diang and Ong Wen San
Crime committed: Convicted for video piracy
Courts decision: Guilty beyond reasonable doubt and meted them three months and one day terms and each to pay a fine of P500,000 with subsidiary imprisonment in case of insolvency.
Source of information: http://www.philstar.com/Article.aspx?articleId=231564

10. Name of criminals: Lee Dewook, 41, the operations manager of the said illegal gambling den; Mini Ji Su, 25; An Bong Hee, 36; Cho Hyun Woo, 31; Jean Miae, 36; and Kin Jungho, 29; all maintainers and operators of the said illegal gambling den. 14 card dealers identified as Lea Enolba, 23; Irish Tumbado, 20; Joy Anne Laron, 20; Mary Jessica Clarissa Banila, 18; Jonalyn Niegas, 18; Marvin Biagtas, 21; Karl Gabino, 20; Romeo Abes Jr., 22; Junalyn Malate, 24; Gina Malate, 22; Evangeline Alfaro, 20; Jennilyn Alcanzare, 20; Renilyn Macatbag, 18; and Maribeth Young, 25.
Crime committed: Operating illegal on-line gambling which is the baccarat games.
Courts decision: confiscated at Unit OB-2 some six complete set of computer with CCTV and effect mixer, four computer set with scanners, six baccarat tables, three cartons of game cards and several gambling paraphernalia. Also confiscated at Unit OC-2 in the same condominium were 11 computer sets and other computer parts. All seized items and arrested persons were brought to the ATCCD office. They were charged with violation of Anti-Illegal Gambling law.
Source of information: http://cidg.pnp.go

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Module 12 Intellectual Property Rights

              1. What is there for to rejoice if you have the intellectual property on something? Would it be a great instrument to the economic growth of the country? Or you are just the sole beneficiary of the fruits you have reaped from what you have sowed? Explain.

             YES. It means of what I learned, I can share for others by making an intellectual property on something. It would be a great instrument to the society because it can add help to someone who wants to use this kind of materials for their own sake. I can also benefit with it because if they buy and use it, my name always attached to that intellectual property. If it just for me, it means that I am an egoistic person that I can’t share my knowledge.

Module 11 Free Speech Issues

1. Facebook’s marketing director, who happens to be Mark Zuckerberg’s sister, proposed last year that banning online anonymity would help curtail cyber-bullying and Internet harassment. Then-Google CEO Eric Schmidt made a similar observation in year 2010, noting that “privacy is incredibly important” but “not the same thing as anonymity.” If banning is already imposed or will be imposed would this stop annoying comments against someone freely posted by an anonymous FB user? Is this ethical? Is this against the freedom of speech? Support your answer.           

       No, it won’t stop to post bad words, comments that can hurt anyone else, videos that can cause scandals rather it can lessen to post bad comments and words. There are people who use Facebook to burst his feeling. And it is against freedom of speech because it is our freedom to be able to notify those people who have cause bad emotional feelings. There are lots of users on Facebook which there profiles are not as who they are. They are the one who uses names of others to commit unethical words for bullying others.  And also Facebook is not the only social network that can be use for any bullying on the Internet, there are lots like Twitter. The freedom of speech is a way to express emotional feelings. The other way of saying using words and letters of what you believe.

2. Is it ethical to blog both awful and pleasant experiences with your ex-girlfriend / ex-boyfriend? Discuss.

 

            Well, it’s either ethical or unethical because these two words are very different to each other. The awful word is unpleasant which the opposite of pleasant. Sometimes those awful experiences that can be post make an educational benefit to those who follow the blog and the pleasant experience would make a point of what you believe of LOVE. These experiences is in the past and if you let go it by posting it to the blog site, it will lessen your hurt for those unpleasant memories and have a wonderful love for the future boyfriend or girlfriend.

Module 10: Social Justice Issues

             Is social justice evident in the impeachment trial of Chief Justice Corona? Discuss.

            What is Impeachment? Impeachment is a fundamental constitutional power belonging to Congress to formally charge a serving government official with an impeachable offense. It is a safeguard against corruption and the ultimate check on abuse of power. By providing this power to Congress, the framers of the Constitution drew on a long tradition of democratic skepticism about leaders. These provisions ensure that leaders will serve the people only so long as they respect the law and their offices. In this sense, the power of impeachment stands ready to thwart tyranny.
           The Power of Impeachment however, is a double edged sword and can, by itself, be an act of tyranny. A case in point is the recent impeachment of the Chief Justice of the Philippine Supreme Court. Generally, under the Constitution, a citizen with an endorsement of a member of the House of Representative may file an impeachment complaint. The House Committee on Justice will decide by majority vote if the complaint is sufficient in substance and in form. If there is probable cause, the House of Representatives then will vote to impeach the official for which a one-third vote is required.
(http://www.abrenian.com/3/post/2011/12/corona-impeachment-an-act-of-tyranny.html)

        At this impeachment trial of Chief Justice Corona, it's bad enough that the Philippine society suffer from a basic lack of an ethic of trust.The lack of the right kind of trust in Philippines society is evident in how the seemingly lack of admissible evidence or credible witnesses demonstrated in court. Since day one they have shown that they were not very prepared what was supposed to be their actions for their explosive evidence agaist CJ Corona. A lot of people are baffled by how the prosecutors are getting frustrated with having to follow the rules of the court.

        The issue of what standard of evidence will be used in determining the fate of Chief Justice Renato Corona has cropped up in the impeachment trial at the Senate. The prosecution is of the opinion that the standard should be “substantial evidence”, while the defense claims that it should be “proof beyond reasonable doubt”. Substantial evidence is more than a mere scintilla of evidence.  It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, even if other minds equally reasonable might conceivably opine otherwise. [Montemayor v. Bundalian, 453 Phil. 158, 167 (2003).]
        Proof beyond reasonable doubt means proof to the satisfaction of the court and keeping in mind the presumption of innocence that precludes every reasonable hypothesis except that for which it is given.  It is not sufficient for the proof to establish a probability, even though strong, that the fact charged is more likely true than the contrary.  It must establish the truth of the fact to a reasonable certainty and moral certainty – a certainty that convinces and satisfies the reason and conscience of those who are to act upon it. [People v. Castillo, G.R. No. 132895, March 10, 2004, 425 SCRA 136, 166, citing United States v. Reyes, 3 Phil. 6 (1903).]

        At this time, the impeachment trial wouldn't conclude for social justice.

Module 9: Privacy Issues

           Talking about privacy, how far would you go for the sake of social justice? Justify.

               

                   As for me, privacy is very important for every human being. It includes the confidential information of oneself or organization. Talking about privacy of how far I go for the sake of social justice, well, I'd go in a good path. For the sake of my privacy, I've been praying that no trouble will come after me like illegal cases that can cause dirt to my family reputations. I don't want to be part of any religious discrimination so that I could not harm other people beliefs only I accepted of what I have been faith to God for the long years of my existence.

Module 5: Today, it is a fact that a lot of Filipino women are into online GOLD digging. You know what it means, right? Suppose one of them is your sister who happens to be your family's breadwinner. What would you do on this matter?

      Actually I have no sibling, I am the only child in the family but this matter reflects to my two cousins who married a foreigner and they are much very happy. As long as they are okay with it and happy, there's no problem at all.  I know also the reason why they want a foreigner; first is for the greener pastures and others. I give you the short details.

She graduated with a degree of Information Technology, but nowadays, there are lots of people but less vacancies for any kind of work and also have small salaries. The other reason is for convenience, to help the family to be able to pay all the debts. And I believe that the feelings between them can grow as time goes by and as long they respect each other. I don't have rights to control her decisions only I accepted those reasons. I also met the guy and he is good in character.

The other of my cousin was very lucky. They met in Korea where my cousin worked there. The guy is only in twenties and have a really good job. He courted my cousin and the reason for him because he loves the culture of Philippines where Filipina are caring, loving, thoughtful and have great patience and a good material for a wife.

In a relationship, it's give and take. It may sound too good to be true and it still happens for some. They have their own rights what's good for them and I wouldn't mind. I accept their decisions and be happy with them.