NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
s. No. 1'^36
tej S-fiiafe
v^„-,sr (©ffitp of Ilji' ^fUfttirp
*22 NOV-2 P2:01
RECEIVED BY;
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
ESTABLISHING AN ONLINE DEATH VERIFICATION (ODV) SYSTEM UNDER 
THE PHILIPPINE STATISTICS AUTHORITY (PSA), THEREBY ENSURING 
GOVERNMENT EFFICIENCY AND FACILITATING THE ADMINISTRATION OF 
JUSTICE BY STRENGTHENING THE FRAUD DETECTION, PREVENTION AND 
ELIMINATION CAPABILITY OF THE GOVERNMENT
EXPLANATORY NOTE
In June 2019, it was reported that a certain diaiysis center was fiiing claims 
before the Philippine Health Insurance Corporation (Philhealth) on behalf of their 
dead patients since 2016. During that period, the health facility received payments 
and reimbursements from Philhealth for such bogus claims. Dubbed as "ghost 
dialysis," the scheme highlighted weaknesses in the bureaucracy and lack of 
cooperation among government agencies as it provided impetus for stronger anti­
fraud mechanisms and more effective fraud detection and prevention efforts.
Meanwhile, it has been a perennial problem of the electoral system that 
"ghost voters" or those who have already departed, even many years prior, still 
appear in the list of registered voters. Come Election Day, their names could be used 
by unscrupulous individuals to manipulate the results, hence undermining the 
integrity and credibility of the electoral process. The bloated book of voters, along 
with double and multiple registrations, also leads to unnecessary expenditures as 
funds are spent to the printing of such additional ballots.


This proposed measure seeks to facilitate the sharing of information between 
the Philippine Statistics Authority (PSA) and government bodies which manage 
insurance and pension funds to suppress any fraudulent acts. It seeks to create a 
centralized and integrated online database from which the Philhealth, Social Security 
System (SSS), Philippine Veterans Affairs Office (PVAO), Government Service 
Insurance System (GSIS), Home Development Mutual Fund (HDMF) and the 
Commission on Elections (COMELEC) can access timely information on mortality data 
which would enable them to easily verify claims and update their own records.
A version of this bill was originally filed by Senator Richard Gordon and was 
heard before the Senate Committee on Economic Affairs during the Eighteenth 
Congress.
The immediate passage of this legislation is earnestly sought.
^—
^dlNGSOY EJERCITO ESTRADA


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S>ciiatr
o( t!)f S'l'i: eMi p
*22 NOV-2 P2 :01
S. No.
SENATE
1436
RECEIVED BY:
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
ESTABLISHING AN ONLINE DEATH VERIFICATION (ODV) SYSTEM UNDER 
THE PHILIPPINE STATISTICS AUTHORITY (PSA), THEREBY ENSURING 
GOVERNMENT EFFICIENCY AND FACILITATING THE ADMINISTRATION OF 
JUSTICE BY STRENGTHENING THE FRAUD DETECTION, PREVENTION AND 
ELIMINATION CAPABILITY OF THE GOVERNMENT
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. - This Act shall be known as the "Online Death
2 
Verification System Act."
3 
Sec. 2. Declaration of Policy. - The State acknowledges that lack of
4 
immediate access to death data is being exploited by criminals and syndicates in
5 
perpetrating fraudulent activities and corrupt practices. The State recognizes the
6 
vital role of information and communication technology in protecting the government
7 
and Filipinos against identity fraud. Therefore, it is hereby declared the policy of the
8 
State to establish an efficient, integrated and centralized online death verification
9 
system that allows immediate access to death data by government instrumentalities,
10 
such as the Commission on Elections (COMELEC), Philippine Health Insurance
11 
Corporation (PHIC), Government Service Insurance System (GSIS), Social Security
12 
System (SSS), Home Development Mutual Fund (HDMF), and Philippine Veterans
13 
Affairs Office (PVAO) in order to ensure early detection and toward the prevention of
14 
identity fraud perpetrated against the Government and its instrumentalities and
15 
agencies.


1 
Sec. 3. Definition of Terms. - As used in this Act:
2 
a) Authentication - refers to the process of verifying the death of any person
3 
with the Philippine Death 
Check Register through the Online Death
4 
Verification System;
5 
b) COMELEC- refers to the Commission on Elections;
6 
c) Data subject- refers to an individual whose death is being verified;
7 
d) GSIS- refers to the Government Service Insurance System;
8 
e) HDMF- refers to the Home Development Mutual Fund;
9 
f) Mortaiity Data - refers to the information indicated in the Death Certificate
10 
duly registered with the Local Civil Registrar in accordance with Act No.
11 
3753;
12 
g) Personai Information - refers to any information whether recorded in a
13 
material form or not, from which the identity of an individual is apparent
14 
or can be reasonably and directly ascertained by the entity holding the
15 
information, or when put together with other information would directly
16 
and certainly identify an individual;
17 
h) PHIC - refers to the Philippine Health Insurance Corporation;
18 
i) SSS - refers to the Social Security System.
19 
Sec. 4. Philippine Death Check Register. - There shall be established a
20 
Philippine Death Check (PDC) Register to be maintained by the Philippine Statistics
21 
Authority (PSA). The PDC is a centralized and electronic database containing
22 
mortality data registered with the Local Civil Registrar. PSA shall ensure the security
23 
and integrity of the PDC by safeguarding these from data breach and any other
24 
mode of tampering data to perpetuate fraud.
25 
The PDC Register may take the form of any existing information and
26 
communications technology (ICT)-enabled or online civil registry database
27 
established, maintained and managed by the PSA, which can be reconfigured,
28 
modified or upgraded for purposes and objectives of this Act.
29 
Once death is registered with the Local Civil Registry, the information shall be
30 
immediately uploaded to the PDC Register Electronic System.
31 
The PSA, in coordination with the Department of Information and
32 
Communications Technology (DICT) and the National Privacy Commission (NPC),


1 
shall implement programs to facilitate immediate and timely access to mortality data
2 
registered with the Local Civil Registrars.
3 
The PSA shall have the exclusive authority to make changes and amendments
4 
in the PDC Register to ensure security and integrity thereof and to safeguard the
5 
same from data breach, tampering and data loss.
6 
Sec. 5. Online Death Verification System. - The PSA shall establish an Online
7 
Death Verification System, which shall be a centralized and online system for death
8 
verification that shall ensure timely detection and prevention of identity theft of
9 
deceased persons and strengthen efforts against insurance fraud and fraudulent
10 
claims.
11 
The PSA, through the Online Death Verification System, shall verify the death
12 
of the data subject upon receipt of information necessary to verify the identity of the
13 
data subject as may be required in the Implementing Rules and Regulations, and
14 
shall immediately notify COMELEC, PHIC, GSIS, SSS, HDMF, and PVAO of the death
15 
verification result.
16 
Except for COMELEC, PHIC, SSS, GSIS, HDMF, and PVAO, an Information
17 
Sharing Agreement between PSA and other government instrumentalities or
18 
government agencies shall be required prior to being granted access to the Online
19 
Death Verification System.
20 
Sec. 6. Information Sharing. - The PSA shall immediately make available to
21 
the COMELEC, Philhealth, GSIS, SSS, HDMF, and PVAO, without cost, other
22 
information, such as date of death, age at death, place of death, civil status, in the
23 
PDC Register as may be necessary for the validation of any member or beneficiary
24 
claim made with said agencies.
25 
Provisions of the Republic Act No. 10173, otherwise known as the "Data
26 
Privacy Act of 2012" on the processing of personal information, particularly the
27 
principles of proportionality, legitimate purpose and transparency, shall be strictly
28 
complied with.
29 
Sec. 7. Data Privacy and Confidentiality. - Government instrumentalities and
30 
agencies granted access under Section 5 of this Act shall ensure that all times the
31 
confidentiality of any personal information that comes to its knowledge and
32 
possession, and the same shall be used exclusively for verification and


1 
authentication purposes in relation to the lawful performance of their official
2 
functions and mandate.
3 
Sec. 8. Pena! Provisions. -
4 
a) Unauthorized processing of personal information, as defined by RA 10173,
5 
shall be penalized by imprisonment ranging from one (1) year to three (3)
6 
years and a fine of not less than Five hundred thousand pesos
7 
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00).
8 
The unauthorized processing of personal sensitive information shall be
9 
penalized by imprisonment ranging from three (3) years to six (6) years
10 
and a fine of not less than Five hundred thousand pesos (Php500,000.00)
11 
but not more than Four million pesos (Php4,000,000.00).
12 
b) Accessing personal information due to negligence shall be penalized by
13 
imprisonment ranging from one (1) year to three (3) years and a fine of
14 
not less than Five hundred thousand pesos (Php500,000.00) but not more
15 
than Two million pesos (Php2,000,000.00). Accessing sensitive personal
16 
information due to negligence shall be penalized by imprisonment ranging
17 
from three (3) years to six (6) years and a fine of not less than Five
18 
hundred thousand pesos (Php500,000.00) but not more than Four million
19 
pesos (Php4,000,000.00).
20 
c) Processing of personal information for unauthorized purposes shall be
21 
penalized by imprisonment ranging from one (1) year and six (6) months
22 
to five (5) years and a fine of not less than Five hundred thousand pesos
23 
(Php500,000.00) but not more than One million pesos (Phpl,000,000.00).
24 
The processing of sensitive personal information for unauthorized
25 
purposes shall be penalized by imprisonment ranging from two (2) years
26 
to seven (7) years and a fine of not less than Five hundred thousand
27 
pesos (Php500,000.00) but not more 
than Two million pesos
28 
(Php2,000,000.00).
29 
d) Unauthorized access or intentional breach, as defined under RA 10173,
30 
shall be penalized by imprisonment ranging from one (1) year to three (3)
31 
years and a fine of not less than Five hundred thousand pesos
32 
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00).


1 
e) Any personal information controller or personal information processor or
2 
any of its officials, employees or agents, who, with malice or in bad faith,
3 
discloses unwarranted or false information relative to any personal
4 
Information or personal sensitive information obtained by him or her, shall
5 
be subject to imprisonment ranging from one (1) year and six (6) months
6 
to five (5) years and a fine of not less than Five hundred thousand pesos
7 
(Php500,000.00) but not more than One million pesos (Phpl,000,000.00).
8 
f) The maximum penalty in the scale of penalties respectively provided
9 
herein for the preceding offenses shall be imposed when the personal
10 
information of at least one hundred (100) persons is harmed, affected or
11 
involved as the result of the abovementioned actions.
12 
g) When the offender or the person responsible for the offense is a public
13 
officer as defined in the Administrative Code of the Philippines in the
14 
exercise of his or her duties, an accessory penalty consisting in the
15 
disqualification to occupy public office for a term double the term of
16 
criminal penalty imposed shall he applied.
17 
Sec. 9. Implementing Rules and Regulations. - The Philippine Statistics
18 
Authority (PSA), in coordination with the COMELEC, Philhealth, GSIS, SSS, HDMF
19 
and PVAO, shall issue rules and regulations to implement the provisions of this Act
20 
within one hundred twenty (120) days from the effectivity of this Act.
21 
Sec. 10. Appropriations. - The amount necessary to carry out the initial
22 
implementation of this Act shall be sourced from any available funds of the National
23 
Treasury, and is hereby appropriated and authorized to be released for its initial
24 
operations.
25 
Sec. 11. Separability Clause. - If any provision of this Act is declared invalid
26 
or unconstitutional, the remaining provision not affected thereby shall continue to be
27 
in full force and effect.
28 
Sec. 12. Repealing Clause. - All laws, decrees, orders or regulations or part
29 
thereof inconsistent with this Act are hereby repealed or modified accordingly.
30 
Sec. 13. Effectivity. - This Act shall take effect fifteen (15) days following the
31 
completion of its publication in the Official Gazette or in a national newspaper of
32 
general circulation.


Approved,