Elucidating on Cybercrimes and Electronic Data Issues in the Civil Service Commission

November 19 and 22, 2013 were important dates in Dr. Atty. Noel G. Ramiscal’s professional advocacies against cybercrime and electronic evidence and management. The venerable Civil Service Commission (CSC), which oversees the ethical conduct and dealings of millions of government employees, together with the University of the Philippines Institute of Administration of Justice (UP IAJ) invited Dr. Atty. Ramiscal to lecture on two Mandatory Continuing Legal Education (MCLE) topics, “Electronic Evidence Issues” and “Prosecution of Cybercrimes” for the CSC’s 2013 Legal Practitioners’ Conference at Ciudad Christia Resort, Mateo, Rizal. It was such a thrill for Dr. Atty. Ramiscal to spend two half days with two hundred legal practitioners who serve as the veritable vanguards of the integrity, honesty and justice in the civil service.

Dr. Atty. Noel G. Ramiscal receiving his first plaque of appreciation and souvenir bag from an appreciative and gorgeous crowd of 200 legal practitioners in the CSC

It was also equally exciting for Dr. Ramiscal to meet one of his fellow MCLE lecturers, Justice Hofileña, in the flesh and hobnob with the CSC “royalty”.

Dr. Atty. Ramiscal with fellow MCLE lecturer, Justice Hofileña and CSC Officials

Dr. Atty. Ramiscal has to state his amazement at the way the CSC practitioners comported themselves during the lectures. They actually had energizing sessions during breaks where everyone participated in dance routines. It was quite a treat seeing grown men and women dance to the moves dictated by two anime characters projected onscreen. The camaraderie between these practitioners was palpable which made it easier for Dr. Atty. Ramiscal to conduct his lectures.

In his lecture on electronic evidence, Dr. Ramiscal took the practitioners from the basics of understanding the nature and different types of electronic data up to the more complex issues of their discovery, use, and authentication in different settings.

Dr. Atty. Ramiscal receiving his first plaque from CSC Dir. Ramos and CSC Commissioner Ronquillo looking on last November 19, 2013

The important role of metadata was highlighted in uncovering digital infractions in trademarks and copyright infringement including the case of a serial infringer of Flickr photos, and in crimes traced through usenet or bulletin boards. The solving of the case of a serial murderer of prostitutes through a digital imaging software called Lucis was discussed. Legal complications arising from emails and other electronic documents were scrutinized using the framework of different Philippine laws and rules.

Dr. Atty. Noel G. Ramiscal “performing” his second lecture for the CSC Legal Practitioners last November 22, 2013

Given that the fifteen or so petitions filed in the Philippine Supreme Court challenging the constitutionality and validity of the provisions of the Cybercrime Prevention Act of 2012 had not been decided by the same court as of November 18, 2013 (upon verification of Dr. Atty. Ramiscal with the Supreme Court’s En Banc Division), Dr. Ramiscal proceeded to discuss the various types of digital crimes with the aim of providing the Legal Practitioners with some guides as to how to assess criminal offenses given the fact that the TRO on the Cybercrime Prevention Act of 2012 is still effective.

Dr. Atty. Noel G. Ramiscal receiving his second plaque from CSC Commissioner Martinez and Atty. Ronquillo looking on

The implications of “traffic data”, the hyperlinking technology, mirroring of sites, the criminalization of “cyber libel” and the jurisdictional rules under this law were also explored. He also provided the counterpart provisions of this law in the Cybercrime Convention, and brought to the attention of the legal practitioners recent and “ancient” Philippine laws that they can use in their arsenal to prosecute those in the civil service that utilize computing networks and systems to perpetrate different kinds of crimes.

It was such an enlightening experience for Dr. Ramiscal. Heartfelt thank you to Commissioner Martinez, Ms. Gina Rodriguez Valera (Dr. Ramiscal’s former classmate in UP), the team of CSC OLA, the UP IAJ Director Atty. Daway, and the UP IAJ team (Mabel, Teocel, Ariel, Ed and Fred) who made the two trips to the resort an adventure for Dr. Ramiscal.

Dr. Atty. Noel G. Ramiscal with wonderful CSC officials, flanked by his gorgeous former UP classmate, Ms. Gina R. Valera and Atty. Ronquillo

A very special thank you to Asst. Commissioner Atty. Ronquillo for being the “Grand Inquisitor” and asking some really good and provocative questions.

To those who bought Dr. Ramiscal’s books at the event, thank you for your generous patronage! To those who won gems from Dr. Ramiscal, remember to bathe them in herbs or running water and meditate on them with good thoughts!

Finally, kudos to the legal practitioners of the CSC in Region 8 who came to the Conference despite experiencing the harrowing effects of super typhoon Yolanda (Hainan). Dr. Ramiscal expressed his sympathy and best wishes for these courageous practitioners.

By striving to make his lectures entertaining, relevant and peppered with jurisprudential, social and technological developments in other jurisdictions, Dr. Ramiscal trusted that he was able to make the CSC Legal Practitioners’ investment of time worth it and they were able to learn, laugh and enjoy themselves during their time with him.