i 
. ,  
o#.r.,. ' 
j !< !,I,: i,RETAn?' 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
_I ,.._. 
~ 
I 
~ ,. /* 2c r' i:, I: 
1 
i 
OF THE PHILIPPINES 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Philippine society is increasingly dependent on the internet for communication, 
entertainment, commerce, and banking. For the internet to reach its full potential, it must 
continue to be a trustworthy medium. Internet users should be able to trust the origin of internet 
communications and the destination of internet hyperlinks. 
Internet users around the world are increasingly subjected to scams based on misleading 
or false communications that trick the user into sending money, or into revealing information 
that result in financial loss. 
One class of such scams is calledphising. This uses false e-mail return addresses, stolen 
graphics, stylistic imitations, disguised hyperlinks, and other artifices to trick users into revealing 
personal information. After obtaining this information, the phiser then uses the information to 
create unlawful identification documents andor to unlawfidly obtain money or property. 
This bill seeks to criminalize internet scams involving fraudulently obtaining personal 
information, commonly known asphising.* 
* This bill was originally filed during the Thirteenth Congress, First Regular Session. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
SENATE 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO CRIMINALIZE INTERNET SCAMS INVOLVING FRAUDULENTLY 
OBTAINING PERSONAL INFORMATION 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
SECTION 1. Short Title. - This Act shall be known as the “Anti-Phising Act of 2007.” 
SECTION 2. Definition of Terms. -For the purposes of this Act, the term: 
(A) “Phising” means an internet scam based on misleading or false communications that 
trick the user into sending money, or trick the user into revealing enough information 
to enable various forms of identity theft that result in financial loss. 
(B) “Phiser” means any person, firm, 
association, corporation or partnership or other 
organization who engaged or commits the act of phising. 
(C) “Internet” means the combination of computer facilities and electromagnetic 
transmission media, and related equipment and software, comprising the 
interconnected worldwide network of computer networks that employ the 
Transmission Control ProtocoUInternet Protocol (TCPIIP) or any successor protocol 
to transmit information. 
(D) “Domain name” means any alphanumeric designation which is registered with or 
assigned by any domain name registrar, domain name registry, or other domain name 
registration authority as part of an electronic address on the internet. 
(E) “Electronic mail message” means a message sent to a unique electronic mail address. 
(F) “Initiate” means to originate or transmit such message or to procure the origination or 
transmission of such message, but shall not include actions that constitute routine 
1 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
conveyance of such message. For purposes of this paragraph, more than one person 
may be considered to have initiated a message. 
(G) “Procure” means intentionally to pay or provide consideration to, or induce, another 
person to create a website or domain name. 
(H) “Recipient” means an authorized user of the electronic mail address to which the 
message was sent or delivered. If a recipient of a commercial electronic mail message 
has one or more electronic mail addresses in addition to the address to which the 
message was sent or delivered, the recipient shall be treated as a separate recipient 
with respect to each such address. If an electronic mail address is reassigned to a new 
user, the new user shall not be treated as a recipient of any commercial electronic 
mail message sent or delivered to that address before it was reassigned. 
(I) “Internet information location tool” means a service that refers or links users to an 
online location on the worldwide web. Such term includes directories, indices, 
references, pointers, and hypertext links. 
SECTION 3. Criminal Offense and Penalty. - 
(A) Website. - 
Whoever knowingly, with the intent to carry on any activity which would 
be a crime of fraud or identity theft- 
(1) Creates or procures the creation of a website or domain name that represents 
itself as a legitimate online business, without the authority or approval of the 
registered owner of the actual website or domain name of the legitimate online 
business; and 
(2) Uses that website or domain name to induce, request, ask, or solicit any 
person to transmit, submit, or provide any means of identification to another; 
shall be imprisoned for a minimum of six (6) months and one (1) day to a maximum of 
six (6) years and a fine of not more than Six Thousand Pesos (P6,OOO) but not less than Two 
Hundred Pesos (P200). 
(B) Messenger. - Whoever knowingly, with the intent to carry on any activity which 
would be a crime of fiaud or identity theft- 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
(1) Falsely represents itself as being sent by a legitimate online business; 
(2) Includes an Internet information location tool that refers or links users to an 
online location on the world wide web that falsely purports to belong to or be 
associated with such legitimate online business; and 
(3) Induces, requests, asks, or solicits a recipient of the electronic mail message 
directly or indirectly to provide, submit, or relate any means of identification 
to another; 
shall he imprisoned for a minimum of six (6) months and one (I) day to a maximum of 
six (6) years and a fine of not more than Six Thousand Pesos (P6,OOO) but not less than Two 
Hundred Pesos (P200). 
SECTION 4. Liability of OfJicials of Juridical Persons. - If the phiser is a partnership, 
firm, corporation or association, the president or the manager or any officer thereof who knows 
or should have known the commission of the offense shall he liable. 
SECTION 5. Separability Clause. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 6. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation or part thereof, contrary to, or 
inconsistent with, the provision of this Act is hereby repealed, modified, or amended accordingly, 
SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
3