close your eyes and make a wish

She stared at the Sky above her and instantly she knew it was wrong, but when she stared beside where he lay, she wasn't so sure after all.

She looked at him as if they were the only people in the world, he closed his eyes as if in a dream. She looked up the Sky and closed her eyes.

She wished to be with him forever or maybe just a little bit longer. She felt like there was an expiration for what they have, for whatever it is they have.

He closed his eyes and wished for serenity or even for clarity. He knew he had to face the fact that someday he needs to get his act together.

They both opened their eyes...

She was in front of her computer finishing her financial proposals, it's half past five and she was snoozing off at work.

He was at home on his bed, he was sleeping the whole day. He wasn't sure what time he got home from the party he went to the night before.

Sexing the Cherry by Jeanette Winterson

“When my husband had an affair with someone else I watched his eyes glaze over when we ate dinner together and I heard him singing to himself without me, and when he tended the garden it was not for me.

He was courteous and polite; he enjoyed being at home, but in the fantasy of his home I was not the one who sat opposite him and laughed at his jokes. He didn't want to change anything; he liked his life. The only thing he wanted to change was me.

It would have been better if he had hated me, or if he had abused me, or if he had packed his new suitcases and left.

As it was he continued to put his arm round me and talk about being a new wall to replace the rotten fence that divided our garden from his vegetable patch. I knew he would never leave our house. He had worked for it.

Day by day I felt myself disappearing. For my husband I was no longer a reality, I was one of the things around him. I was the fence which needed to be replaced. I watched myself in the mirror and saw that I was mo longer vivid and exciting. I was worn and gray like an old sweater you can't throw out but won't put on.

He admitted he was in love with her, but he said he loved me.

Translated, that means, I want everything. Translated, that means, I don't want to hurt you yet. Translated, that means, I don't know what to do, give me time.

Why, why should I give you time? What time are you giving me? I am in a cell waiting to be called for execution.

I loved him and I was in love with him. I didn't use language to make a war-zone of my heart.

'You're so simple and good,' he said, brushing the hair from my face.

He meant, Your emotions are not complex like mine. My dilemma is poetic.

But there was no dilemma. He no longer wanted me, but he wanted our life

Eventually, when he had been away with her for a few days and returned restless and conciliatory, I decided not to wait in my cell any longer. I went to where he was sleeping in another room and I asked him to leave. Very patiently he asked me to remember that the house was his home, that he couldn't be expected to make himself homeless because he was in love.

'Medea did,' I said, 'and Romeo and Juliet and Cressida, and Ruth in the Bible.'

He asked me to shut up. He wasn't a hero.

'Then why should I be a heroine?'

He didn't answer, he plucked at the blanket.

I considered my choices.

I could stay and be unhappy and humiliated.

I could leave and be unhappy and dignified.

I could Beg him to touch me again.

I could live in hope and die of bitterness.

I took some things and left. It wasn't easy, it was my home too.

I hear he's replaced the back fence.”

― Jeanette Winterson, Sexing the Cherry

lavish

KRIS BERNAL

Photo by Arojo Santos
Styling by Sky Gavin
Hair and Make-up by Allyson Azarraga
Shot at Bright Eyes Studio

Shot for Tweak Magazine

when morning comes

As the night goes deeper, he pulled me closer. His hands clasped mine, his lips touched my shoulder. His kiss crept up my neck to my lips. He pulled me in and touched my face then whispered how beautiful I was. The night sky turned darker as sparkles of stars came through. We lay there face to face, his smile was genuine and perfect, his laugh is like music to my ears and harmony to my heart. He asked me how we ended up there in that moment, when a few years ago we we're just strangers on different ends of the world. I never thought of it, we we're just there hand in hand like the world didn't matter, like the world didn't know. We we're a secret, he was my best kept secret, my darkest one.

He held me closer, my head against his chest his hands around my shoulders. I can hear his heart beat and I wished every beat calls out my name. I closed my eyes and felt him kiss me on the forehead. He held my hand and wished it can only hold mine.

Slowly, I opened my eyes to the morning light. I sat beside the window with my back against the wall. He is like a dream that goes away when you wake up, like how the moon looms over another when daylight comes.

I love the way you hold my hand, And if I can, I would love to hold them forever.
I love the way you smile, And if I can, I would love to be the reason of that smile everyday.
I love the way you pull me closer, And if I can, I would love to be close to you always.

Maybe it's wrong to feel like this, to feel like I want you and always wanna be with you, But no matter what the gamble is, I'm all in.

I don't know how to tell you, when to tell you or even find the right words to say. But I wish I can be the one who will always make you smile, the one who will always be by your side, to be the one who will never leave you astray. I will always be beside you, will hold your hand and will make you feel better. When people try to bring you down I will hold you up, when they try to break you I will cover you.

I love watching you fall asleep and be the one who first sees you. I'd love to keep those tears from falling, I'd love to take all your sadness.

I know I cannot love you enough or that much, but I can always try to make you feel love like you never imagined. 

But why am I saying this? Maybe because I am a trooper, or maybe just a wild sky dreamer.

“It's very tempting when you really want to be with someone to settle for much, much less -- even a vague pathetic facsimile of less -- than you would have ever imagined. Remember always what you set out to get and please don't settle for less." ― Greg Behrendt

Alter Ego

Attraction is an emotional concept defined by things we learn and carry within.
You look at yourself at the mirror and you are unsure of what you see.
The only way I can find out is to let go. See how far this world will take me.
All my expectations, attachments and memories. Just let go, see what happens.
The fear that I have is the fear of knowing.
Knowing that whoever you are, whoever you wanna be,
You can just be yourself.

-This is from H&M's short entitled Alter Ego

etiquette, free platform and free minds.

I remember a few years back, I started my podcast then I started my blog. I switched to a different kind of medium because I thought, writing will give me more time to think about the things I put out there. I wanted to be responsible for all the things I post on my site. It's sad to think that we are now in the verge of having our somewhat "earned freedom" taken down.

It all starts with etiquette.
I know I said this hundreds of times before. Everyone should be careful of  what they say, post, like or share on the internet. Whether its facebook, twitter, tumblr or a blog/site. Some people may find the things you post as offensive or annoying. 

Etiquette, it may seem normal in day-to-day activities, but we have to keep in mind that etiquette is also vital to our online interactions. Rants about everyday life and to the little-st things aren't necessary. When someone is having a bad day and posted "Having a really bad day" on facebook, people "like" it. What's there to like? Someone likes that the other one is having a pretty crappy day or making them feel that they are having a bad day too?

We might have different attitude towards the internet, but here are some excerpts from reputation.com about Online Etiquette.

• You may have heard the “Golden Rule” from your parents or grandparents growing up, but it helps to have a refresher. Simply put, you should always treat people the way you would like to be treated. These simple words of wisdom are especially important when it comes to what you say and how you say it on the World Wide Web.

• When you’re sitting in front a computer screen, it can be hard to empathize with the people you’re talking to online. In real life, you wouldn’t brazenly insult someone to his or her face (hopefully), so why do it on the Web? Reading hurtful words online is just as bad as hearing them in person. Cyberbullying is a growing problem for children, teens and adults, and it often has tragic consequences.

• Before posting any kind of online content, think about what you’re saying. Is it mean-spirited? Would you be comfortable if someone attacked you in the same way? The Golden Rule works as well on the Web as it does in real life, so do your best to obey it.

Free platform.
The internet has been a platform where everyone can express their opinions or showcase their talents. Lets take YouTube for instance, for the past few months YouTube has undergo changes and whether the users and subscribers like it or not, the change will take effect. YouTube has been the biggest platform where anyone can upload videos. And it has been a place where talents are discovered and information are stored. Some videos went viral and it became the source of formal news.

Blogger, like what I use here in my blog has helped me publish articles and promote myself as a stylist. Other writers used blogger, as their online journal and it is the closest thing to get our ideas and thoughts out there.

Facebook and Twitter is our way to connect to other people, it has been used to call out help when needed and as a basic means of communication.

It saddens me that we have to come to this, because the internet has been a really good platform for me and my business. For more than 10 years that I have been using the internet, it has been a vital part of my everyday life. Putting words together for my blog and making art for my deviantart. Maybe for some, the internet is just something they use, but for us who work mainly through and for the internet, its more than that. It is a platform where we can express ourselves, for free. Without paying anyone to have our works published. Without paying airtime for our work to be shown.


You cannot box free minds.
Artists, sometimes, well, most of the time, they are pain in the asses. Believe me, I grew up with hundreds of them. Whether they are writers, painters, directors or actors. They know how they can go overboard and they are in constant search for something new. The internet has been the destination of these artists.

Film makers, who cannot fund or produce their shorts use the internet as their movie house where they can show their film. Writers use the internet to publish their novels or articles. Painters use the internet as their museum to showcase their art. Actors use the internet to meet people who can cast them.

So whom are we to shut down the freedom in the internet if its the means of expression of the creatives? Whom are we to box them down and tell them to find other ways to put their craft out there? This leads me to another point, which is the benefits of the artists here in the Philippines. I don't want to go into detail about the government projects and programs, because I know for a fact that the Arts here in the Philippines is in the verge of just... giving up. My mom has been an artist all her life, but there we're no benefits or programs to help them get through. My mom is a published artist, she was featured in international books and publications. But she did this by herself.

Rewind a bit.
I remember sitting with my colleagues about this. We we're looking into having people talk about the cybercrimes and the looming issues in the internet. We wanted everyone to have a say on this. We wanted at least 1 person to represent a side and explain the pros and cons. I remember what one colleague said, I can't remember the exact words but I can remember the gist. It's something like.... You cannot stop the internet, It's constantly growing. Maybe a minimum of 100 people join the cyberworld everyday, and it's the destination of everyone.. Something like that. We we're actually talking about piracy through the internet at that time. And that is whole other issue that everyone should be looking at. A month after, we saw how the OPM industry struggled to put their craft out there, and this time, through the internet. If they can't sell cd's at the record stores, they offer song download through the internet in a very minimal price.

I remember how everyone was affected by all sorts of cyber-crimes but no "big guy" stood up and voiced out. Everyone tried to make their own little steps. All we can do now is to tell everyone to use the internet responsibly because the internet will never be controlled...

Republic Act No. 10175, Cybercrime Prevention Act of 2012

We have access to public information, if we just have time to look for the right ones. The Philippines' official gazette published one of the most controversial acts. Do read on about it below. If you want to download this, there's a link at the bottom.

Disclaimer: This is from the Philippines' official gazette, no parts we're altered or etc.

--

Republic Act No. 10175

S. No. 2796
H. No. 5808

Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday the Twenty-fifth day of July two thousand eleven.

[ Republic Act No. 10175 ]

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I
PRELIMINARY PROVISIONS

SECTION 1. Title. — This Act shall be known as the “Cybercrime Prevention Act of 2012″.

SEC. 2. Declaration of Policy. — The State recognizes the vital role of information and communications industries such as content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation.

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms are hereby defined as follows:

(a) Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system or communication network.

(b) Alteration refers to the modification or change, in form or substance, of an existing computer data or program.

(c) Communication refers to the transmission of information through ICT media, including voice, video and other forms of data.

(d) Computer refers to an electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such devices, capable of performing logical, arithmetic, routing, or storage functions and which includes any storage facility or equipment or communications facility or equipment directly related to or operating in conjunction with such device. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the internet.

(e) Computer data refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable to cause a computer system to perform a function and includes electronic documents and/or electronic data messages whether stored in local computer systems or online.

(f) Computer program refers to a set of instructions executed by the computer to achieve intended results.

(g) Computer system refers to any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automated processing of data. It covers any type of device with data processing capabilities including, but not limited to, computers and mobile phones. The device consisting of hardware and software may include input, output and storage components which may stand alone or be connected in a network or other similar devices. It also includes computer data storage devices or media.

(h) Without right refers to either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law.

(i) Cyber refers to a computer or a computer network, the electronic medium in which online communication takes place.

(j) Critical infrastructure refers to the computer systems, and/or networks, whether physical or virtual, and/or the computer programs, computer data and/or traffic data so vital to this country that the incapacity or destruction of or interference with such system and assets would have a debilitating impact on security, national or economic security, national public health and safety, or any combination of those matters.

(k) Cybersecurity refers to the collection of tools, policies, risk management approaches, actions, training, best practices, assurance and technologies that can be used to protect the cyber environment and organization and user’s assets.

(l) Database refers to a representation of information, knowledge, facts, concepts, or instructions which are being prepared, processed or stored or have been prepared, processed or stored in a formalized manner and which are intended for use in a computer system.

(m) Interception refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content of data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring.

(n) Service provider refers to:

(1) Any public or private entity that provides to users of its service the ability to communicate by means of a computer system; and

(2) Any other entity that processes or stores computer data on behalf of such communication service or users of such service.

(o) Subscriber’s information refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which identity can be established:

(1) The type of communication service used, the technical provisions taken thereto and the period of service;

(2) The subscriber’s identity, postal or geographic address, telephone and other access numbers, any assigned network address, billing and payment information, available on the basis of the service agreement or arrangement; and

(3) Any other available information on the site of the installation of communication equipment, available on the basis of the service agreement or arrangement.

(p) Traffic data or non-content data refers to any computer data other than the content of the communication including, but not limited to, the communication’s origin, destination, route, time, date, size, duration, or type of underlying service.

CHAPTER II
PUNISHABLE ACTS

SEC. 4. 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.

(i) The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of:

(aa) A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under this Act; or

(bb) A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act.

(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of the offenses under this section.

(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.

(b) Computer-related Offenses:

(1) Computer-related Forgery. —

(i) The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or

(ii) The act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.

(2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if no

damage has yet been caused, the penalty imposable shall be one (1) degree lower.

(3) Computer-related Identity Theft. – The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower.

(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.

(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.

SEC. 5. Other Offenses. — The following acts shall also constitute an offense:

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.

SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.

CHAPTER III
PENALTIES

SEC. 8. Penalties. — 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.

SEC. 9. Corporate Liability. — When any of the punishable acts herein defined are knowingly committed on behalf of or for the benefit of a juridical person, by a natural person acting either individually or as part of an organ of the juridical person, who has a leading position within, based on: (a) a power of representation of the juridical person provided the act committed falls within the scope of such authority; (b) an authority to take decisions on behalf of the juridical person: Provided, That the act committed falls within the scope of such authority; or (c) an authority to exercise control within the juridical person, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Ten million pesos (PhP10,000,000.00).

If the commission of any of the punishable acts herein defined was made possible due to the lack of supervision or control by a natural person referred to and described in the preceding paragraph, for the benefit of that juridical person by a natural person acting under its authority, the juridical person shall be held liable for a fine equivalent to at least double the fines imposable in Section 7 up to a maximum of Five million pesos (PhP5,000,000.00).

The liability imposed on the juridical person shall be without prejudice to the criminal liability of the natural person who has committed the offense.

CHAPTER IV
ENFORCEMENT AND IMPLEMENTATION

SEC. 10. Law Enforcement Authorities. — The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) shall be responsible for the efficient and effective law enforcement of the provisions of this Act. The NBI and the PNP shall organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations of this Act.

SEC. 11. Duties of Law Enforcement Authorities. — To ensure that the technical nature of cybercrime and its prevention is given focus and considering the procedures involved for international cooperation, law enforcement authorities specifically the computer or technology crime divisions or units responsible for the investigation of cybercrimes are required to submit timely and regular reports including pre-operation, post-operation and investigation results and such other documents as may be required to the Department of Justice (DOJ) for review and monitoring.

SEC. 12. Real-Time Collection of Traffic Data. — Law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.

Traffic data refer only to the communication’s origin, destination, route, time, date, size, duration, or type of underlying service, but not content, nor identities.

All other data to be collected or seized or disclosed will require a court warrant.

Service providers are required to cooperate and assist law enforcement authorities in the collection or recording of the above-stated information.

The court warrant required under this section 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 the 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: (2) that there are reasonable grounds to believe that evidence that will be obtained is essential to the conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and (3) that there are no other means readily available for obtaining such evidence.

SEC. 13. Preservation of Computer Data. — The integrity of traffic data and subscriber information relating to communication services provided by a service provider shall be preserved for a minimum period of six (6) months from the date of the transaction. Content data shall be similarly preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation.

Law enforcement authorities may order a one-time extension for another six (6) months: Provided, That once computer data preserved, transmitted or stored by a service provider is used as evidence in a case, the mere furnishing to such service provider of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the termination of the case.

The service provider ordered to preserve computer data shall keep confidential the order and its compliance.

SEC. 14. Disclosure of Computer Data. — Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic data or relevant data in his/its possession or control within seventy-two (72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation.

SEC. 15. Search, Seizure and Examination of Computer Data. — Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties.

Within the time period specified in the warrant, to conduct interception, as defined in this Act, and:

(a) To secure a computer system or a computer data storage medium;

(b) To make and retain a copy of those computer data secured;

(c) To maintain the integrity of the relevant stored computer data;

(d) To conduct forensic analysis or examination of the computer data storage medium; and

(e) To render inaccessible or remove those computer data in the accessed computer or computer and communications network.

Pursuant thereof, the law enforcement authorities may order any person who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data therein to provide, as is reasonable, the necessary information, to enable the undertaking of the search, seizure and examination.

Law enforcement authorities may request for an extension of time to complete the examination of the computer data storage medium and to make a return thereon but in no case for a period longer than thirty (30) days from date of approval by the court.

SEC. 16. Custody of Computer Data. — All computer data, including content and traffic data, examined under a proper warrant shall, within forty-eight (48) hours after the expiration of the period fixed therein, be deposited with the court in a sealed package, and shall be accompanied by an affidavit of the law enforcement authority executing it stating the dates and times covered by the examination, and the law enforcement authority who may access the deposit, among other relevant data. The law enforcement authority shall also certify 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 package deposited with the court. The package so deposited shall not be opened, or the recordings replayed, or used in evidence, or then 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.

SEC. 17. Destruction of Computer Data. — Upon expiration of the periods as provided in Sections 13 and 15, service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of a preservation and examination.

SEC. 18. Exclusionary Rule. — Any evidence procured without a valid warrant or beyond the authority of the same shall be inadmissible for any proceeding before any court or tribunal.

SEC. 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data.

SEC. 20. Noncompliance. — Failure to comply with the provisions of Chapter IV hereof specifically the orders from law enforcement authorities shall be punished as a violation of Presidential Decree No. 1829 with imprisonment of prision correctional in its maximum period or a fine of One hundred thousand pesos (Php100,000.00) or both, for each and every noncompliance with an order issued by law enforcement authorities.

CHAPTER V
JURISDICTION

SEC. 21. Jurisdiction. — The Regional Trial Court shall have jurisdiction over any violation of the provisions of this Act. including any violation committed by a Filipino national regardless of the place of commission. Jurisdiction shall lie if any of the elements was committed within the Philippines or committed with the use of any computer system wholly or partly situated in the country, or when by such commission any damage is caused to a natural or juridical person who, at the time the offense was committed, was in the Philippines.

There shall be designated special cybercrime courts manned by specially trained judges to handle cybercrime cases.

CHAPTER VI
INTERNATIONAL COOPERATION

Sec. 22. General Principles Relating to International Cooperation — All relevant international instruments on international cooperation in criminal matters, arrangements agreed on the basis of uniform or reciprocal legislation, and domestic laws, to the widest extent possible for the purposes of investigations or proceedings concerning criminal offenses related to computer systems and data, or for the collection of evidence in electronic form of a criminal, offense shall be given full force and effect.

CHAPTER VII
COMPETENT AUTHORITIES

SEC 23. Department of Justice (DOJ). — There is hereby created an Office of Cybercrime within the DOJ designated as the central authority in all matters related to international mutual assistance and extradition.

SEC. 24. Cybercrime Investigation and Coordinating Center. — There is hereby created, within thirty (30) days from the effectivity of this Act, an inter-agency body to be known as the Cybercrime Investigation and Coordinating Center (CICC), under the administrative supervision of the Office of the President, for policy coordination among concerned agencies and for the formulation and enforcement of the national cybersecurity plan.

SEC. 25. Composition. — The CICC shall be headed by the Executive Director of the Information and Communications Technology Office under the Department of Science and Technology (ICTO-DOST) as Chairperson with the Director of the NBI as Vice Chairperson; the Chief of the PNP; Head of the DOJ Office of Cybercrime; and one (1) representative from the private sector and academe, as members. The CICC shall be manned by a secretariat of selected existing personnel and representatives from the different participating agencies.

SEC. 26. Powers and Functions. — The CICC shall have the following powers and functions:

(a) To formulate a national cybersecurity plan and extend immediate assistance for the suppression of real-time commission of cybercrime offenses through a computer emergency response team (CERT);

(b) To coordinate the preparation of appropriate and effective measures to prevent and suppress cybercrime activities as provided for in this Act;

(c) To monitor cybercrime cases being bandied by participating law enforcement and prosecution agencies;

(d) To facilitate international cooperation on intelligence, investigations, training and capacity building related to cybercrime prevention, suppression and prosecution;

(e) To coordinate the support and participation of the business sector, local government units and nongovernment organizations in cybercrime prevention programs and other

related projects;

(f) To recommend the enactment of appropriate laws, issuances, measures and policies;

(g) To call upon any government agency to render assistance in the accomplishment of the CICC’s mandated tasks and functions; and

(h) To perform all other matters related to cybercrime prevention and suppression, including capacity building and such other functions and duties as may be necessary for the proper implementation of this Act.

CHAPTER VIII
FINAL PROVISIONS

SEC. 27. Appropriations. — The amount of Fifty million pesos (PhP50,000,000_00) shall be appropriated annually for the implementation of this Act.

SEC. 28. Implementing Rules and Regulations. — The ICTO-DOST, the DOJ and the Department of the Interior and Local Government (DILG) shall jointly formulate the necessary rules and regulations within ninety (90) days from approval of this Act, for its effective implementation.

SEC. 29. Separability Clause — If any provision of this Act is held invalid, the other provisions not affected shall remain in full force and effect.

SEC. 30. Repealing Clause. — All laws, decrees or rules inconsistent with this Act are hereby repealed or modified accordingly. Section 33(a) of Republic Act No. 8792 or the “Electronic Commerce Act” is hereby modified accordingly.

SEC. 31. Effectivity. — This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

(Sgd.) FELICIANO BELMONTE JR. Speaker of the House of Representatives

(Sgd.) JUAN PONCE ENRILE President of the Senate

This Act which is a consolidation of Senate Bill No. 2796 and House Bill No. 5808 was finally passed by the Senate and the House of Representatives on June 5, 2012 and June 4, 2012, respectively.

(Sgd.) MARILYN B BARUA-YAP Secretary General House of Representatives

(Sgd.) EMMA LIRIO-REYES Secretary of the Senate

Approved: SEP 12 2012

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines

Resources

Download PDF

• Republic Act No. 10175, September 12, 2012

One Winter

I need to put a little sense in my head. So I figured listening to music I don't usually listen to. And this is timely too.

 One Winter
Charlie's mixtape for Patrick on Christmas day

Asleep by the Smiths
Vapour Trail by Ride
Scarborough Fair by Simon Garfunkel
A Whiter Shade of Pale by Procol Harum
Time of No Reply by Nick Drake
Dear Prudence by the Beatles
Gypsy by Suzanne Vega
Nights in White Satin by the Moody Blues
Daydream by Smashing Pumpkins
Dusk by Genesis
MLK by Ubleb
Blackbird by the Beatles
Landslide by Fleetwood Mac

Andrew, Erin and James

And together with Ira Giorgetti, they make the United Kingdom [or United Colors of Benetton]  :)

Models : Andrew Sean Baldwin, Erin Lane and James Alexander

Photos by Ira Giorgetti

Hair and Make-up by Danielle Calma

Styling by Sky Gavin of Pact Clothing

Shot at Bulb Studios Makati

Andrew Sean Baldwin

 

Erin Lane

 James Alexander

 

“The moon’s an arrant thief, 

And her pale fire she snatches from the sun.”

-Shakespeare

 Jed Montero

 (c) Raphael Yu

Hair and Make-up by Mikka Marcaida

Styling by Sky Gavin of Pact clothing

Shot at Art Movement Studios

This is just one of the many amazing photos we made last week. 

Will post the others as soon as it's done post processing. :)

I know these photos are gorgeous and girls will def scream as I will post photos

of former (UAAP) UE player James Martinez who's now with Globalport (formerly Powerade)

 Jed and James.

disclaimer: this is not a pre-nup shoot, at least not yet.:)

for some feel good feeling

Feeling a bit under the weather and this song is perfect for the bed weather.

I remember when he came here in Manila for his 2nd concert, we helped him eat Balut [video below]. Miss you David!!:)

to the things and people worth keeping

Being in the media and fashion industry simply means people will come and go. Some will make the effort to reach you and some just slip away...

Career Chase
I have jumped from one job to another, in over 2 years I had 6 jobs. From PR to production, and that's not including my styling, hosting, painting and events planning here and there. These things had kept me busy but it doesn't mean I am not looking for a job that I wanna settle in. I want a nice job, where I can grow and hone whatever talent I have. (I should try joining the circus for a balancing act #chos)

I stumbled upon this thought when I was invited for a career talk in my former school. (woah!) When I was in high school, I always wanted to be a reporter. And that's why I took Mass Comm Broadcast when I got to college. But you know, College took me into a whirlwind. Then I wanted to become a director, stylist, PR, art professor and wedding specialist. You don't really chose a career, sometimes you just stumble upon something that will make you happy, whether or not you studied for it.

Now I'm doing PR for sports and I couldn't be any happier. But before I got into this, I took on so many jobs that I had to be tough to get through.  I had the fear of leaving a job that I loved and a job that payed really well. After going through all these, I finally found something that might be it. Something that may be worth keeping. But I'm afraid, I may be messing this up. So today marks the day that I will not mess up ever again.

Friends Forever
That was corny, but I can't find another word to match with 'F'. Anyway, We go our separate ways and times change, but some thing stay the same. Met up with college friends, and we're still the same. Might be better looking than back in college, but definitely same attitude and same antics.

You will eventually find them, friends that are like family to you. They accept you, even though you are stubborn like hell. Or even when you mess up, big time. They will always have your back, and even though it seem like no ones there, they are there. Holding you up from a distance.

And when you find these people, they are worth keeping. forever.

Playboy Magazine September 2012

So yeah, I've been styling for Playboy Philippines for the past couple of months. I'm teaming up with Photographer extraordinaire, Paolo Sy. I've been looking for this issue for the whole week but haven't found one yet, the cover for Playboys  September issue is Mocha and it's their music issue! :)

My good friends from Mighty Miscellaneous is also featured!

And because it's one of their biggest issues, there's an alternate cover!

Be sure to check out the Women in Focus section, where I styled P2BP's Alexis, Gray, Brandy and Alyssa.:)

Playboy Magazine is available on all 7-eleven, Fullybooked and Oddysey stores nationwide!

photo dump

sharing with y'all some photos for the past few months. All of these are pending posts on instagram, I can't seem to find my tablet so I haven't uploaded. anyways, here's stuff that kept me busy for the past months.:)

(note: this is not in chronological order, sorry, been really busy and lazy)

Dinner with Brooklyn Nets' Brook Lopez

 -

Shoot with Mega Fashion Crew's Raphael Yu of Art Movement Studio

with PBA Globalport player James Martinez and Viva Artist Management's Jed Montero

-

NBA Trophy Tour with Coach Spoelstra

-

4byForce with the best team in the world for the best boss' ever birthday party

-

Club Filipino for Dani Arnold's eighteenth

-

 Obsessing with anything gold and trying to hoard as much as I can

watch from MatchWatch Japan, Studded cuff from extremefinds co. and bracelets from Yhancy

-

World Cup of Pool 2012

-

 Foodie Goodie at Size Matters

-

NBA 3X with Brook Lopez, Charlotte Ladycats, Blush and Stuff the Magic Dragon

-

Shoot with Brazilian Model Monica Mendes and Raphael Yu

 -

Playboy Shoot with P2BP (Brandy, Alyssa,  Alexis and Gray) and photographer Paolo Sy

Playboy September issue - Woman in Focus

Brave souls, Wild hearts

His touch lingered in every part of me,

His smell stayed on my skin.

He caressed every part of my soul,

He loved every bit of me.

If brave souls can only,

Stay and forever will be.

Wild hearts can always love truly,

But never in ways that everyone hopes will be.