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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSL. Generality Principle of Penal Laws (Civil Code, Art. 14)

Question

I. EFFECT AND APPLICATION OF LAWS: Generality Principle of Penal Laws

In a certain jurisdiction, a new penal law was recently enacted by the legislative branch. The said law is intended to address the increasing incidents of cybercrimes in the country. One of the provisions of this law states that "Any person who willfully and maliciously uses computer systems or networks to commit unauthorized access, interference, or disruption of computer data shall be liable for a maximum penalty of imprisonment for 10 years and a fine of PHP 1,000,000."

Assuming that the law is clear and does not violate any constitutional provision, address the following practical scenarios based on the generality principle of penal laws (Civil Code, Art. 14):

  1. A group of journalists discovers a vulnerability in the computer systems of a government agency and decides to exploit this vulnerability to expose corrupt practices. They gain unauthorized access to the sensitive files of officials involved in corruption and publish evidence online. Can the journalists be held liable under the new penal law?
  2. A high school student, out of curiosity, gains unauthorized access to his classmate's social media accounts and posts embarrassing messages on her behalf. The student claims that he didn't intend to cause harm and was merely joking with his classmate. Can the student be held liable under the new penal law?
  3. An employee of a private company accidentally triggers a disruption in the computer system while trying to perform a routine upgrade. The disruption leads to a temporary shutdown of the company's operations, causing financial losses. Can the employee be held liable under the new penal law?



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Bar Review Question: I. EFFECT AND APPLICATION OF LAWS: Generality Principle of Penal Laws In a certain jurisdiction, a