Electronic Discovery of Truth in the Philippines: The Computer Crimes Seminar of CTVAI [The CyberLawyer Issue 8]

July 31 and August 1, 2007 were important days in the annals of the burgeoning field of electronic discovery of e-data in the Philippines. The organizer of the event, Citizens Truth Verifier Academy Inc. (CTVAI), is a training academy for private detectives, and is affiliated with the Truth Verifier System Inc. (TVSI), a multi-awarded detective agency with branches in the Philippines and the United States. TVSI has over forty years of experience and has been recognized by private and government agencies in the Philippines for its exemplary services, through its many awards and citations.

CTVAI held a seminar devoted exclusively to the many aspects of computer crimes on July 31. This is the first of its kind with the focus on the concerns of businesses. Even the venue had an auspicious name: New Horizon Hotel. The result: a jampacked seminar where people (including foreigners) from so many different professions and companies were exposed to various facets of cybercrimes to help them protect themselves and their businesses.

The TVSI booth located in the foyer teemed with curious and genuinely interested participants who marveled at the latest electronic gadgets that TVSI uses to conduct its electronic surveillance and other cyber sleuthing activities.

Starting the seminar was the lecture on the "Nature, Elements and Extent of Computer Crimes" by Ms. Helen Macasaet, the CEO of Pentathlon Systems Resources, Inc. Culling examples from movies, literature, and her actual experiences, she ably explicated the complex nature of computer crimes by discussing their types and she alluded to their extent by pointing out to literature that documents cases and statistics of computer crimes. Probably the most interesting part of her lecture was her discussion of the elements of computer crimes, from a technological perspective. Being a software developer, she infused her discussion with insights as to the practical challenges of recognizing and proving the elements of these crimes.

The most visually arresting presentation, and certainly a very informative lecture was on "Electronic Monitoring" by Mr. Antonio Angeles, the Managing Director of ACA Technologies and Security Solutions. He presented the gamut of monitoring activities and technologies (e.g., KeyKatcher, KeyRaptors, pen and trap trace devices, Nokia spy phones, infinity transmitters, etc.) which are available and used in the Philippines. They show that no information, particularly e-data, is truly and absolutely immune from detection and interception. With over decades of experience and training, Mr. Angeles also offered valuable countermeasures to a grateful audience [majority of whom are married or attached males].

The National Bureau of Investigation (NBI), the counterpart of the US FBI, has an established "CyberLab" in its headquarters in Taft, Manila. Its very able and amiable "top" agent, Mr. Palmer Mallari, presented a lecture on the "Investigation of Cybercrimes". Mr. Mallari discussed the development of the concept and prosecution of cybercrimes in the Philippines, which evolved from the "I LOVE YOU" virus that was made by a creative but misguided student. He presented the challenges and limitations faced by NBI as an agency in its efforts to address the increasing incidence of computer abuses and misuses in the country.

Rounding out the seminar was the lecture on "The Legal Significance of E-Data in Computer Crimes" given by private practitioner, Attorney Noel Ramiscal. Since 1997, Atty. Ramiscal has been writing on the legal issues that implicate e-data in various contexts. For the seminar, he discussed at length the potential sources of e-data and their legal consequences, including evidentiary considerations. He delved on the legal issues that can arise from a Supreme Court memorandum on the search and seizure of computer data in intellectual property rights proceedings. He also pointed out several gaps in the Revised Penal Code, the Rules on Electronic Evidence, the Rules on Criminal Procedure, The Anti-Wire Tapping Law, The Human Security Act of 2007 and several other laws, which can be used by computer criminals to evade or escape prosecution.

CTVAI's August 1 afternoon seminar was on "The Truth About Lying." Attorney Benjamin Delos Santos' presentation on "Interview/Interrogation Techniques" and Ms. Josefina Castillo's "How to Tell if Someone is Lying" are valuable lectures that probe into the mind and body language of people who are lying to conceal a crime or protect a criminal. The most significant lecture as far as electronic evidence is concerned is that of Captain Dumlao. The indefatigable founder of TVSI expounded on the benefits of taking a polygraph test (which can be the conventional type or the digital test) which includes an average confirmed validity or accuracy of 96%. TVSI is the pioneer in digital polygraph test in the Philippines. In terms of its acceptability to the court, Captain Dumlao cited several US cases that point to it as an "accurate form of circumstantial evidence."

These two seminars offered their participants an unparalleled wholistic view of the current issues, challenges, and opportunities for reform in the areas of law, law enforcement and prosecution of computer crimes and their perpetrators, that is truly needed and most welcome in the Philippines, particularly by the business sector.

TheCyberLawyer Issue 7, Special Report: The Government Chief Iinformation Officers’ Forum on Egovernance Center of Excellence

Yesterday (July 26, 2007) was an extra special day for me. The government Chief Information Officers Forum (CIOF) held their second general membership meeting at Dusit Hotel with the focus on the eGovernance Center of Excellence (eGov CoE), something that is closely related to my advocacy on good e-governance relative to electronic data. For those who may not be aware, the CIOF was legally established eleven years ago as an organization that embodies the interests and concerns of senior ICT officials in the Philippine government (with a grade of at least 24, as emphasized by its current president, Lilia Guillermo). It envisioned itself to be the partner of government in the strategic utilization of ICT for greater accountability and improved public service, particularly in information intensive government agencies and critical government operations that employ ICT tools. The CIO Forum engages in advocacy work that is geared towards the formulation of relevant ICT policies and promotion of excellence in the management of information in government.

While it caters to the government sector, private firms and NGOs can join as institutional members. As a private practitioner, I am not a member of any of these groups. The CIOF’s Director of Membership, Josefa Vidal, invited me as her special guest. Jo, as she prefers to be called, is the Deputy Director of the Philippine National Police for ICT Matters and is one of the most insightful and candid persons I met in the ICT sector. Through her kindness, I was privileged to be part of this important event.

The eGov CoE is actually a partnership between the government’s Center for Information Communication Technology (CICT) and members from the ICT industry, namely Oracle, HP, Intel, RedHat (Linux) and ePLDT. Representatives from some of these organizations presented several of the core functions and value that their business technologies and solutions offer, to help the Philippine government’s drive to be enabled and empowered in its in various key and critical operations. Mr. Robin Fong and Ms. Luz Guillermo of Oracle discussed the “Oracle Government Treasury Solution” and the “Oracle Public Sector Budgeting Solution” respectively, which are end to end solutions that are geared to assist government agencies in their fiscal planning, expenditures and accounting tasks, with the end in view of increasing transparency and highlighting the responsibility and accountability of the officials involved in the performance of these functions. Mr. Gerry Lim of Hewlett Packard offered an interesting overview of HP’s solution to the issue of e-Procurement. I just wished that there was a representative from Phil-GEPS who could have initiated a dialogue with Mr. Lim on the issues of e-procurement and the relevance of HP’s products in resolving the glitches that sometimes happen in the Phil-GEPS system. ePLDT’s Andrew Smith showed why an all IP contact center with unified multi-media and multi-channel capabilities can serve clients better at less costs than traditional IP centers which have these capabilities integrated to their closed platforms. I enjoyed the IVVR feature which I think is way cool. Special thanks to ePLDT for offering free international and local calls on their booth.


However, the most important talk was given by CICT Commissioner and OIC Timoteo Diaz de Rivera whose “Situationer on the Center of Excellence” highlighted the fact that while important changes have been made, the Philippine government needs to make great strides and changes in its ICT policies, implementation and management of e-data in order to catch up with its neighbors. I am glad that Commissioner Diaz de Rivera stated that CICT is getting local governments involved, like those in Cebu. I do believe that local governments can serve as the all important catalysts of ICT changes in the country. They should be equipped not only with the ICT tools and training but also with the understanding of the importance of e-data as a mechanism for checking and enforcing government responsibility (Please read my article).

In the second half of the meeting, Directors Vidal and Hector John Manaligod of the University of the Philippines, inducted the members of CIOF. The CIOF’s vivacious President Lilia Guillermo closed the event with her report of the significant accomplishments of the CIOF. Indeed, it is the presence of forums like the CIOF which can bring and uplift the state of e-governance in the Philippines. To all the members and officers of CIOF, MABUHAY PO KAYO!

Copyright by Atty. Noel Guivani Ramiscal. The views expressed are my own and do not constitute legal advice. All Rights Reserved.

Preferred citation for this issue:

Ramiscal, Noel Guivani, TheCyberLawyer Issue 7, Special Report: The Government Chief Information Officers’ Forum on eGovernance Center of Excellence (July 27, 2007) (2007) < URL > Date of Access

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