FIFTEENTH CONGRESS OF THE 
REPUBLICc OF THE PHILIPPINES 
First Reg~lar Session 
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SENATE 
ScR 1130 
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Introduced by Senator Manny Villar 
EXPLANATORY NOTE 
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These two true stories are harrowing tales of people victimized by identity theft: 
• 
A local administrator in Bulacan admitted that someone used her e-mail 
account to send messages to her family, friends and colleagues, saying 
that she badly needed money because she was stranded in West Africac 
Her friends received on June 27, 2007, an email with the subject "Please, 
I need your helpc" 
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 
valuablesc 
The person who was using the identity and sensitive 
information of the administrator asked the latter's contacts to send the 
money through a money gram so she could pay for hotel accommodationc 
The administrator said she learned about the hoax when she received 
several calls from her contacts in the Philippines and abroad asking about 
her whereabouts and to verify if she indeed needed financial helpc 
Shocked, the administrator whose personality was clearly stolen, tried to 
open her e-mail account but she was permanently barred from accessing 
her 10 number and password. 1 
• 
A woman applied for a passport at the Department of Foreign Affairs 
(DFA) in Roxas Boulevard, Manila. However, her application was 
, immediately denied because another person already owned the identity as 
per records of the DFA. 
The unfortunate lady had to go to the National Bureau of Investigation to 
seek help. 
She will have to undergo the nitty-gritty of proving her 
personality and that she was victimized by identity theft.2 
Identity theft has become a widespread phonemenon. It has become a common 
scam. 
The country's pension funds, 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. 
1 Philippine Daily Inquirer, "Bulacan Official Falls Victim to Identity Theft", July 8, 2007 
2 Philippine News, www.philippinenews.com. August 1, 2007 


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. 
MANNY ILLAR 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
s.B.1130 
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Introduced by Senator Manny 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 
d. 
all other forms that tend to establish new identity to defraud the 
government or further a crime defined in existing laws. 
SEC. 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. 
SEC. 3. The National Statistics Office, as repository of personal records, 
in coordination with the Department of Justice and other relevant offices shall 
establish a framework of nationwide process to assist victims of identity theft, to 
facilitate the victim's correction of false records and assist law enforcement in 
obtaining evidence to apprehend the identity thieves. 
SEC. 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. 


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SEC. 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. 
SEC. 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. 
SEC. 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, 
2