VOLUME: II CYBERCRIME AND COMPUTER RELATED CRIMES Part ID: II Offences (ss 4-19) CHAPTER: 08:06 [Ch0806s4]4. Unauthorised access to a computer or computer system (1) Subject to subsections (2) and (3), any person who(a) accesses the whole or any part of a computer or computer system, knowing that the access he or she intends to secure is unauthorised; or (b) causes a computer or computer system to perform any function as a result of unauthorised access to such system, commits an offence and shall on conviction be liable to a fine not exceeding P10,000 or to imprisonment for a term not exceeding six months, or to both. (2) A person shall not be liable under subsection (1) where the person(a) is a person with a right to control the operation or use of the computer or computer system and exercises such right in good faith; (b) has the express or implied consent of a person empowered to authorise him or her to have access to the computer or computer system; (c) has reasonable grounds to believe that he or she had such consent as specified in subparagraph (b); (d) is acting pursuant to measures that may be taken under Part III of this Act; or (e) is acting in reliance of any statutory power arising under any enactment or a power conferred under any Act, for the purpose of(i) obtaining information, or (ii) taking possession of any document or other property. (3) A person’s access to a computer or computer system is unauthorised where the person(a) is not himself or herself entitled to access of the kind in question; (b) does not have consent, from any person who is so entitled, to access of the kind in question; or