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FOURTEENTH CONGRESS OF THE REPUsLIC) 
OF THE PHILIPPINES 
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Second Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 11 provides “The State values the dignity of 
every human person and guarantees full respect for human rights.” 
An emergent issue in society, “identity theft” is the series of tasks involving the 
theft of one’s personal information, such as your name, credit card number, or social 
security number which in turn is utilized for illegal activity. It is the fastest growing 
crime in America and it is estimated by the Federal Trade Commission (FTC), that 
approximately 9 million individuals get their identities stolen each year. With more 
frequent online use, identity theft abuse is expected to grow and impact individuals of all 
ages. ‘ 
According to the non-profit Identity Theft Resource Center; and other sources 
identity theft is sub-divided into five categories: 
1. Business/commercial identity theft (using another’s business name to obtain 
credit) 
2. Criminal identity theft (posing as another when apprehended for a crime) 
3. Financial identity theft (using another’s identity to obtain goods and services) 
4. Identity cloning (using another’s information to assume his or her identity in 
daily life) 
5. Medical identity theft (using another’s information to obtain medical care or 
dwgs) 
’ I~tto://www.identitvtheR.com/index.phu/ai~icle/faq/, 
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littp://www.idtheAcenter.ore/. 
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Identity theft may be used to facilitate crimes including illegal immigration, 
terrorism, and espionage. Identity theft may also be a means of blackmail. There are also 
cases of identity cloning to attack payment systems, including online credit card 
processing and medical in~urance.~ 
Some individuals may impersonate others for non-financial reasons - for instance, 
to receive praise or attention for the victim’s achievements. This is sometimes referred to 
as identity theft in the media4 
In a widely publicized account,’ Michelle Brown, a victim of identity fraud, 
testified before a US. Senate Committee Hearing on Identity Theft. Ms. Brown testified 
that: “over a year and a half from January 1998 through July 1999, one individual 
impersonated me to procure over $50,000 in goods and services. Not only did she 
damage my credit, but she escalated her crimes to a level that I never truly expected: she 
engaged in drug trafficking. The crime resulted in my erroneous arrest record, a warrant 
out for my arrest, and eventually, a prison record when she was booked under my name 
as an inmate in the Chicago Federal Prison.” 
This bill seeks to establish with the Department of Justice an Identity Theft 
Prevention and Mitigation Office for the purpose of receiving and resolving complaints 
affecting victims of identity theft and when appropriate referring these complaints to 
appropriate investigatory agencies 
http://www.worldprivacyforum.orr/medidtheft consumertips.htm1, 
‘ Former Major League Baseball player Bill Henry was impersonated for over twenty years by an 
individual born with the same name. There is no evidence that the impelsonator gained financially from the 
impersonation, but he did receive significant local attention. 
Judiciary Subcommittee on Technology, Terrorism and Government Information - “Identity Theft: How to 
Protect and Restore Your Good Name”. 
Verbal Testimony by Michelle Brown, July 2000, U.S. Senate Committee Hearing on the 
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FOURTEENTH CONGRESS OF THE REPUBLIC) 
Second Regular Session 
OF THE PHILIPPINES 
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JApj ;Zij j’ .: :I 12 
S.No. 0 
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OFpr. $,,Yb. i\.$ 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ESTABLISHING AN IDENTITY THEFT PREVENTION AND 
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MITIGATION OFFICE UNDER THE DEPARTMENT OF JUSTICE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Identity Theft 
Prevention and Mitigation Act of 2009”; 
SECTION 2. Identity Theft Prevention and Mitigation Office. - The Department 
of Justice shall establish an Identity Theft Prevention and Mitigation Office under the 
Office of the Secretary for the purpose of receiving and resolving complaints affecting 
victims of identity theft and when appropriate referring these complaints to appropriate 
investigatory agencies and acting in concert with such agencies; 
SECTION 3. Powers and Duties. The Office shall have the following powers and 
duties: 
1. To adopt, promulgate, amend and rescind suitable rules and regulations to 
carry out the provisions and purposes of this sections; 
2. To identify, investigate and resolve complaints that are made by, or on behalf 
of, identity theft victims and that relate to actions, inaction or decisions that 
may adversely affect the welfare, health, safety or financial security or rights 
of such persons; 
3. To provide services to assist identity theft victims in protecting their identity, 
including but not limited to advocating for the interest of such persons before 
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governmental agencies and seeking appropriate administrative, legal and 
other remedies to protect their welfare, safety and rights; 
4. To provide services to assist identity theft victims in clearing their financial 
records of fraudulent activity, reestablishing their credit and preventing 
further victimization; 
5. To coordinate government programs and activities relating to identity theft 
prevention, including but not limited to the preparation and distribution of 
identity theft prevention pamphlets to all government lawyers and the creation 
of an identity thefr prevention and mitigation website. Such website shall 
serve as a comprehensive source to obtain information on preventing identity 
theft and mitigating the impacts of identity theft; 
6. To track and compile nationwide reported cases of identity theft; 
7. To request from appropriate government departments and agencies, such 
assistance and data as will enable the Office to carry out its duties; and 
8. To render to the President of the Philippines and to the Congress, on or before 
September first of each year, a written report on the Office’s activities. 
SECTION 4. Investigations. - The Identity Theft Prevention and Mitigation 
Office may conduct investigations and may request in writing the production of 
documents and records as part of its investigation. 
1, If the person upon whom a request for documents and records was made fails 
to produce the documents or records within thirty (30) days after the date of 
the request, the Office may issue and serve subpoenas to compel the 
production of such documents and records. 
2. If any person refuses to comply with a subpoena issued under this section, the 
Office may petition a court of competent jurisdiction to enforce the subpoena 
and such sanctions as the court may direct. 
SECTION 5. Appropriations. - The funds needed for the initial implemenlatioii 
of this Act shall be charged against the appropriations of the Department of Justice. 
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Thereafter, such amount as may be necessary for its full implementation shall be included 
in the annual General Appropriations Act as a distinct and separate item. 
SECTION 6. Separability Clause. - If any provision or part hereof, is held invalid 
or unconstitutional, the remainder of the Act or the provision not otherwise affected shall 
remain valid and subsisting. 
SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to, 
or inconsistent with the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 8. Efectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved, 
Ifldp 
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