FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENYS69 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
1 Q II.IL 20 All :4f) 
The Constitution, Article 2, Section 11 provides "The State values the dignity of every 
human person and guarantees fuJI 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 tum 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. l 
According to the non-profit Identity Theft Resource Center,2 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 drugs) 
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 
insurance. ] 
I http://www.identitytheft.com/index. php/article/fag/. 
2 hltp:l/www.idtheftcenter.org/. 
3 http://www.worldprivacyforum.org/medidtheftconsnmertips.html. 
1 


SDme individuals may impersDl1ate Dthers fDr nDn-financial reasons - for instance, to 
receive praise or attention for the victim's achievements. This is sometimes referred to as identity 
theft in the media.4 
In a widely publicized account,S Michelle Brown, a victim of identity fraud, testified 
before a U.S. 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.'6 
tLtw", ) .\,t.v4<r- ~Y~f~ 
QlPY'MIRIAM Dilll~NSOR S1\NT~O 
4 Fonner Major League Baseball player Bill Hemy was impersonated for over twenty years by an 
individual born with the same name. There is no evidence that the impersonator gained financially from the 
impersonation, but he did receive significant local attention. 
S Verbal Testimony by Michelle Brown, July 2000, U.S. Senate Committee Hearing on the Judiciary 
Subcommittee on Technology, Terrorism and Government Information - "Identity Theft: How to Protect and 
Restore Your Good Name". 
6 This bill was originally filed in the Fourteenth Congress, Second Regnlar Session 
2 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
10 
JOL 20 
~.11:41/} 
SENAJ'Jl. 
S. No. 
.1.069 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
ESTABLISHING AN IDENTITY THEFT PREVENTION AND 
3 
MITIGATION OFFICE UNDER THE DEPARTMENT OF JUSTICE 
4 
5 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
6 
Congress assembled: 
• 
7 
8 
SECTION 1. Short Title. - This Act shall be known as the "Identity Theft Prevention and 
9 
Mitigation Act." 
10 
SECTION 2. Identity Theft Prevention and Mitigation Office. - The Department of 
11 
Justice shall establish an Identity Theft Prevention and Mitigation Office under the Office of the 
12 
Secretary for the purpose of receiving and resolving complaints affecting victims of identity theft 
13 
and when appropriate referring these complaints to appropriate investigatory agencies and acting 
14 
in concert with such agencies; 
15 
SECTION 3. Powers and Duties. The Office shall have the following powers and duties: 
16 
1. To adopt, promulgate, amend and rescind suitable rules and regulations to carry out 
17 
the provisions and purposes of this sections; 
18 
2. To identify, investigate and resolve complaints that are made by, or on behalf of, 
19 
identity theft victims and that relate to actions, inaction or decisions that may 
20 
adversely affect the welfare, health, safety or financial security or rights of such 
21 
persons; 
22 
3. To provide services to assist identity theft victims in protecting their identity, 
23 
including but not limited to advocating for the interest of such persons before 
24 
governmental agencies and seeking appropriate administrative, legal and other 
• 
25 
remedies to protect their welfare, safety and rights; 
1 


I 
4. To provide services to assist identity theft victims in clearing their financial records 
2 
of fraudulent 
activity, 
reestablishing 
their credit 
and 
preventing further 
3 
victimization; 
4 
5. To coordinate government. programs and activities relating to identity theft 
5 
prevention, including but not limited to the preparation and distribution of identity 
6 
theft prevention pamphlets to all government lawyers and the creation of an identity 
7 
theft prevention and mitigation website. 
Such 
website 
shall serve as a 
8 
comprehensive source to obtain information on preventing identity theft and 
9 
mitigating the impacts of identity theft; 
, 
10 
6. To track and compile nationwide reported cases of identity theft; 
II 
7. To request from appropriate government departments and agencies, such assistance 
12 
and data as will enable the Office to carry out its duties; and 
13 
8. To render to the President of the Philippines and to the Corrgress, on or before 
14 
September first of each year, a written report on the Office's activities. 
15 
SECTION 4. Investigations. - The Identity Theft Prevention and Mitigation Office may 
16 
conduct investigations and may request in writing the production of documents and records as 
17 
part of its investigation. 
18 
1. If the person upon. whom a request for documents and records was made fails to 
19 
produce the documents or records within thirty (30) days after the date of the request, 
20 
the Office may issue and serve subpoenas to compel the production of such 
21 
documents and records. 
22 
2. If any person refuses to comply with a subpoena issued under this section, the Office 
23 
may petition a court of competent jurisdiction to enforce the subpoena and such 
24 
sanctions as the court may direct. 
25 
SECTION 5. Appropriations. - The funds needed for the initial implementation of this 
26 
Act shall be charged against the appropriations of the Department of Justice. Thereafter, such 
27 
amount as may be necessary for its full implementation shall be included in the annual General 
28 
Appropriations Act as a distinct and separate item. 
2 


1 
SECTION 6. Separability Clause. - If any provision or part hereof, is held invalid or 
2 
unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain 
3 
valid and subsisting. 
4 
5 
SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, executive 
6 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
7 
with the provisions of this Act is hereby repealed, modified or amended accordingly. 
8 
9 
SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
10 
publication in at least two (2) newspapers of general circulation. 
11 
12 
Approved, 
13 
14 
15 
Ifldp 
3