FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENA.JJ::. 
S.No. 
~~14 
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 called phising. 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 and/or to unlawfully obtain money or property. 
This bill seeks to criminalize internet scams involving fraudulently obtaining personal 
information, commonly known as phising.' 
• This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
1 C AUG -2 All :3' 
IT 'H' I' l;:r) "", (2-
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SEN~~14 
S.No. ___ _ 
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 
assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Anti-Phising Act." 
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SECTION 2. Definition of Terms. - For the purposes of this Act, the term: 
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(A) "Phising" means an internet scam based on misleading or false communications that 
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trick the user into sending money, or trick 'the user into revealing enough information 
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to enable various forms of identity theft that result in financial loss. 
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(B) "Phiser" means any person, firm, association, corporation or partnership or other 
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organization who engaged or commits the act of phi sing. 
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(C) "Internet" means the combination of computer facilities and electromagnetic 
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transmission media, 
and related equipment and software, 
comprising the 
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interconnected worldwide network of computer networks that employ the 
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Transmission Control Protocol/Internet Protocol (TCP/IP) or any successor protocol 
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to transmit information. 
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(D) "Domain name" means any alphanumeric designation which is registered with or 
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assigned by any domain name registrar, domain name registry, or other domain name 
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registration authority as part of an electronic address on the internet. 
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(E) "Electronic mail message" means a message sent to a unique electronic mail address. 
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(F) "Initiate" means to originate or transmit such message or to procure the origination or 
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transmission of such message, but shall not include actions that constitute routine 
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conveyance of such message. For purposes of this paragraph, more than one person 
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may be considered to have initiated a message. 
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(G) "Procure" means intentionally to payor provide consideration to, or induce, another 
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person to create a website or domain name. 
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(H) "Recipient" means an authorized user of the electronic mail address to which the 
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message was sent or delivered. If a recipient of a commercial electronic mail message 
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has one or more electronic mail addresses in addition to the address to which the 
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message was sent or delivered, the recipient shall be treated as a separate recipient 
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with respect to each such address. If an electronic mail address is reassigned to a new 
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user, the new user shall not be treated as a recipient of any commercial electronic 
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mail message sent or delivered to that address before it was reassigned. 
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(I) "Internet information location tool" means a service that refers or links users to an 
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online location on the worldwide web. Such tenn includes directories, indices, 
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references, pointers, and hypertext links. 
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SECTION 3. Criminal Offense and Penalty.-
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(A) Website. -
Whoever knowingly, with the intent to carryon any activity which would 
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be a crime of fraud or identity thefi-
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(1) Creates or procures the creation of a website or domain name that represents 
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itself as a legitimate online business, without the authority or approval of the 
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registered owner of the actual website or domain name of the legitimate online 
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business; and 
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(2) Uses that website or domain name to induce, request, ask, or solicit any 
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person to transmit, submit, or provide any means of identification to another; 
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shall be imprisoned for a minimum of six (6) months and one (1) day to a maximum of 
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six (6) years and a fine of not more than Six Thousand Pesos (P6,OOO) but not less than Two 
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Hundred Pesos (P200). 
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(B) Messenger. - Whoever knowingly, with the intent to carryon any activity which 
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would be a crime offraud or identity thefi-
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(1) Falsely represents itself as being sent by a legitimate online business; 
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(2) Includes an Internet information location tool that refers or links users to an 
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online location on the world wide web that falsely purports to belong to or be 
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associated with such legitimate online business; and 
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(3) Induces, requests, asks, or solicits a recipient of the electronic mail message 
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directly or indirectly to provide, SUbmit, or relate any means of identification 
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to another; 
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shall be imprisoned for a minimum of six (6) months and one (1) day to a maximum of 
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six (6) years and a fine of not more than Six TllOusand Pesos (P6,000) but not less than Two 
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Hundred Pesos (P200). 
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SECTION 4. Liability of Officials of Juridical Persons. - If the phiser is a partnership, 
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firm, corporation or association, the president or the manager or any officer thereof who knows 
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or should have known the commission of the offense shall be liable. 
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SECTION 5. Separability Clause. - If any provision, or part hereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 6. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation or part thereof, contrary to, or 
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inconsistent with, the provision of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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