President Rodrigo Duterte has signed four new laws which would now become part of the country’s jurisprudence.
The first, now called Republic Act 11449, imposes stiffer penalties to hackers and card fraudsters who can face life imprisonment and up to P5 million in fines.
The second exempts broadcast, online media and wire services from revealing their sources, expanding the measure that used to be confined to print media.
The President signed Republic Act 11458 on Aug. 30 expanding the coverage of RA 53, commonly known as Sotto Law.
Under the 1946 law, journalists are not compelled to reveal their sources published in their news reports, except in cases involving national security or if the Congress requires it.
The President also signed Republic Act 1149, which creates 150 positions—100 regional trial courts and 50 municipal courts assigned by the Supreme Court—or the Judges-at-Large Act which aims to decongest courts handling numerous cases.
The regional trial judges-at-large and municipal trial judges-at-large will be assigned to Regional Trial Courts and to any first-level court in the country, respectively, according to the law.
The Supreme Court will determine the length of their temporary assignment and they will be entitled to the same salaries, privileges, allowances, benefits, and rank and title as those of their counterpart trial court judges, the law read.
The President also signed a new law—the fourth—expanding access to educational services by allowing foreign universities to collaborate with local schools in the country.
Signed on Aug. 28, Republic Act 11448 establishes the administration of transnational higher education in the country to enhance the global competitiveness of students and universities and improve human resource base.
The law provides the framework of operations of foreign higher educational institutions and allows overseas operations of local universities.
Foreign universities may establish branch campuses in the country through a local partner.
Under Republic Act 11449, hacking a bank system and skimming at least 50 debit or credit cards and online bank accounts are now considered as economic sabotage and non-bailable offenses.
It carries a penalty of life imprisonment with fines from P1 million up to P5 million.
Meanwhile, a person possessing at least 10 counterfeit devices and committing bank account access will face 12 to 20 years of jail time and at least P500,000 fine.
If he was unable to access any account, penalties will be reduced to 6 to 12 years of imprisonment with P300,000 fine or twice the equivalent of the aggregate amount of all affected bank accounts.
Fraudulent use of a credit card is also punishable with 4 to 6 years of jail time and a fine that is double that value of the obtained credit.
“The state declares that the commission of a crime using access devices is a form of economic sabotage and a heinous crime and shall be punishable to the maximum level allowed by law,” it read.
The new law also requires all banks, card issuers and stores accepting card payments to conduct initial investigation on any reported fraud incident.
The law requires them to make “real-time reports” to the National Bureau of Investigation and the Anti-Cybercrime Group of the Philippine National Police.
The new measure amends the “Access Device Regulation Act of 1998” and acknowledges that technology on access devices “have been exploited by criminals and criminal syndicates in perpetrating fraudulent activities that ultimately undermine the trust of the public in the banking industry.”
Republic Act 11458 includes publishers, owners, writers, reporters, contributors, opinion writers, editors, columnists, managers, and media practitioners involved in the writing, editing, production, and dissemination of news for any print, broadcast, wire service organization, or electronic mass media, including cable TV and its variants.
Under the law, divulging a journalist’s source will only be required if the court, House of Representatives, or the Senate or any committee of Congress demands such for the state’s security.
Malacañang released a copy of the new law only on Wednesday.
Senator Grace Poe, former chairperson of the Senate committee on public information and mass media, earlier said the law could not be used to protect a person from libel suit but aimed to encourage whistleblowers to expose themselves.
“If they cannot approach government institutions, then they should at least be able to approach the media,” Poe said.
Under the Judges-at-Large Act, only natural-born citizens at least 35 years of age and have practiced law in the country for 10 years shall be appointed as judges-at-large.
Funding for the implementation of the law will come from available appropriations of the judiciary under the current General Appropriations Act.
Copies of the law were made public only Wednesday.
Senator Richard Gordon previously expressed confidence the enactment of the law would ease the overload of cases in trial courts nationwide.
Gordon said there are about 160,000 cases pending in the first-level courts while 640,000 cases remain unsolved in regional trial courts as of 2017.
Data from the Supreme Court’s Court Management Office showed that as of Dec. 31 last year, there were also 528 vacancies in first and second level courts.
Under RA 11448, 60 percent of its voting stocks should be reserved for Filipinos and it must be registered with the Securities and Exchange Commission or the Department of Trade and Industry.
It may maintain its name, offer the education programs through the branch, and award the degree or credit.
Foreign citizens may constitute up to 80 percent of the faculty and academic personnel and up to 40 percent of the administrative personnel and staff in the local branches but foreign students may not compromise more than a third of enrollment.
The law also mandates the Commission on Higher Education to formulate a national strategy to encourage the TNHE programs and institutions.
Local schools with CHED-recognized programs can offer services offshore given that it must preserve the reputation of the country as a provider of quality higher education.
Under the law, TNHE programs include academic franchising, branch campus, international branch campus, joint degree, double degree, online learning, and open distance learning.
TNHEIs may offer undergraduate, graduate and postgraduate degrees.
CHED may determine the propriety of offering other specialized courses, including Bachelor of Laws and Bachelor of Medicine by qualified institutions.
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