FOURTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
OF THE PHILIPPINES 
S E N A T E  
S.B. 
Introduced by Senator Villar 
Explanatory Note 
These two true stories are harrowing tales of people victimized by identity 
the& 
A local administrator in Bulacan admitted that someone used here- 
mail account to send messages to her family, friends and 
colleagues, saying that she badly needed money because she was 
stranded in West Africa. Her friends received on June 27, 2007, 
an email with the subject “Please, I need your help.” 
The e-mail said the administrator said she was attending a 
conference in West Africa when she lost her wallet, ATM card, 
passport and other valuables. The person who was using the 
identity and sensitive information o f  the administrator asked the 
latter’s contacts to send the money through a money gram so she 
could pay for hotel accommodation. 
The administrator said she learned about the hoax when she 
received several calls &om her contacts in the Philippines and 
abroad asking about her whereabouts and to veri6 is she indeed 
needed financial help. 
Shocked, the administrator’s whose 
personality clearly stolen, tried to open her e-mail account but she 
was permanently barred from accessing her ID number and 
password.’ 
Very recently, a woman applied for a passport at the Department 
of Foreign Affairs in Roxas Boulevard, Manila. However, her 
application was immediately denied because another person 
already owned the identity as recorded by the DFA. 
The unfortunate lady had to go to the National Bureau of 
Investigation (NBI) to seek help. She will have to undergo the 
nitty-gritty of proving her personality and that she was victimized 
by identity theft? 
Philippine Daily Inquirer, “Bulacan Official Falls Victim to Identity Theft”, July 8,2007 
Philippine News, www.nhilipninenews.com, August 1,2007 


Identity theft has become a widespread phonemenon. It has become a 
common scam. The country’s pension h d s ,  the Social Security System and the 
Government Service Insurance System separately expressed alarm over the 
problem of identity theft in the country. 
Credit card companies have likewise noted the substantial increase in 
cases involving wanton use of fake credit cards or misrepresented plastics. 
This bill attempts to address cases of identity theft. It is submitted too in 
honour of the constitutional provision on the right to privacy and the country’s 
commitment to the mandates of the United Nations Declaration on Human Rights 
stating that “no one shall be subjected to arbitrary interference with his privacy” 
and “everyone has the right to the protection of the law against such interferences 
or attacks.” 
Early recognition of this bill is honestly recommended. 
I 


FOURTEENTH CONGRESS OF THE REPUBLIC 
.7 q[ if 
, ': : 
~ 
OF THE PHILIPPINES 
First Regular Session 
S E N  
S.B. 5 
Introduced by Senator Villar 
AN ACT 
DEFINING THE CRIME OF IDENTITY THEFT, 
PROVIDING 
PENALTIES THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Identity theft is hereby defined as a crime. The crime is 
committed when an individual with fraud, malice, ill will, intent to malign or 
with perversion, uses another's relevant and sensitive personal information to take 
on that person's identity. 
The crime of identity theft covers: 
a. 
the misuse of one's personal identification cards including 
passports, social security, documents relating to tax matters and 
employment, credit cards and other dossiers that distinguishes a 
person from another; 
b. 
mail fraud; 
c. 
stolen personalities in the internet, chatrooms, text messaging 
system and other advanced technology gadgets or in the 
mechanisms or modes of information highway; and 
all other forms that tend to establish new identity to defraud the 
government or further a crime defined in existing laws. 
d. 
SECTION 2. Any person who Violates the provisions of this Act shall, 
upon conviction, be penalized by imprisonment of not less than six (6) years nor 
more than twenty (20) years, or a fine of not more than five hundred thousand 
pesos (Php 500,000.00) nor more than five million pesos (Php 5,000,000.00) or 
both such fine and imprisonment at the discretion of the court. 
SECTION 3 
The National Statistics Office, as repository of personal 
records, in coordination with the Department of Justice and other relevant offices 
shall establish a eamework of nation-wide process to assist victims of identity 
theft, 
facilitate the victim's correction of false records and assist law 
enforcement in obtaining evidence to apprehend the identity thieves. 
to 


SECTION 4. Implementing Rules and Regulations. Within ninety (90) 
days after the approval of this Act, the Department of Justice, shall promulgate 
the rules and regulations to supplement the enforcement of this Act. 
SECTION 5. If any portion or provision of this Act is declared void or 
unconstitutional, the remaining portions or provisions shall not be affected by 
such declaration. 
SECTION 6. All laws, decrees, rules and regulations, other issuances or 
parts thereof inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly. 
SECTION 7., 
This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in two (2) newspapers of general 
circulation. 
Approved,