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epubhc of tbe ~bilippines

~upreme <!Court
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OCA CIRCULAR NO. 131-2019

TO ALL JUDGES AND CLERKS OF COURT OF

COMMERCIAL CYBERCRIME COURTS

SUBJECT FAITHFUL COMPLIANCE WITH SECTION 2.1

(VENUE OF CRIMINAL ACTIONS) AND
SECTION 2.2 (WHERE TO FILE AN
APPLICATION FOR A WARRANT) OF THE
RULE ON CYBERCRIME WARRANTS DULY
APROVED BY THE COURT EN BANC
THROUGH A.M. NO. 17-11-03-SC DATED 3
JULY 2018

Acting on the letter dated 8 July 2019 of Hon. Estela M . Perlas-

Bernabe, Associate Justice and Chairperson, Sub-Committee on
Commercial Courts, requesting for the circularization of the specific
provisions, particularly Section 2.1 (Venue of Criminal Actions) and
Section 2.2 {Where to File an Application for a Warrant} of the Rule on
Cybercrime Warrants (RCW) which was approved by the Court En Banc
through A.M. No. 17-11-03-SC dated 3 July 2018, all concerned are
hereby EXHORTED to OBSERVE and COMPLY with said Sections 2 . 1
and 2.2 of RCW, the full text of which is as follows:

Section 2.1. Venue of Criminal Actions. - The

criminal actions for violation of Section 4 (Cybercrime
offenses) and/or Section 5 (Other offenses). Chapter II of RA
10175, shall be filed before the designated cybercrime court
of the province or city where the offense or any of its
elements is committed, or where any part of the computer
system used is situated, or where any of the damaged
caused to a natural or juridical person took place: Provided,
that the court where the criminal action is first filed shall
acquire jurisdiction to the exclusion of the other courts.

All other crimes defined and penalized by the Revised

Penal Code, as amended, and other special laws, committed
by, through, and with the use of ICT, as provided under
Section 6, Chapter II of RA 10175, shall be filed before the
regular or other specialized regional trial courts, as the case
may be.
 Section 2.2. Where to File an Application for a
Warrant. - An application for a warrant under this Rule
concerning a violation of Section 4 (Cybercrime Offenses)
and/or Section 5 (Other Offenses). Chapter II of RA 10175
shall be filed by the law enforcement authorities before any
of the designated cybercrime courts of the province or the
city where the offense or any of its elements has been
committed, is being committed, or is about to be
committed, or where any part of the computer system used
is situated, or where any of the damage caused to a natural
or juridical person took place. However, the cybercrime
courts in Quezon City, the City of Manila, Maka ti City,
Pasig City, Cebu City, Iloilo City, Davao City and Cagayan
de Oro City shall have the special authority to act on
applications and issue warrants which shall be enforceable
nationwide and outside the Philippines.

On the other hand, an application for a warrant

under this Rule for violation of Section 6, Chapter II of RA
10175 (all crimes defined and penalized by the Revised
Penal Code, as amended, and other special laws, if
committed by, through, and with the use of ICT) shall be
filed by the law enforcement authorities with the regular or
other specialized regional trial courts, as the case may be,
within its territorial jurisdiction in the places above-
described. (Emphasis underlined)

Strict compliance is enjoined.

23 Ju ly 2019

,,
J ~~ ~ARQUEZ
~;~~dministrator
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