SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
First Regular Session 
) 
SENATE 
S, No, 1350 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
'stl1lttt 
,4I}ff.;. of 111' £,f(utn'll 
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AUG 22 P5 :14 
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 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 nine 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 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 trafficking in persons, 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.3 
I http://www.identi.tytheft.com/index.php/article/faq/. 
2 htto:llwww.idtheftcenter.org/. 
, http://www, worldprivacyforum.orglmedidtheft conslimertips,html. 
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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 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 within 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 
bw", 4~.~,,- J.,~ 
MIRIAM DEF 
SOR SANTI~6 
",;l 
4 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 impersonator gained financially fi'om the 
impersonation, but he did receive significant local attention. 
, 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 Regular Session. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
-ienatp 
_If,:,· .f lh" jrml"q' 
First Regular Session 
) 
'13 
AUG 22 P5:14 
SEN~Tjl 
S. No. 
1;550 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
ESTABLISHING AN IDENTITY THEFT PREVENTION AND 
MITIGATION OFFICE UNDER THE DEPARTMENT OF JUSTICE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION L Short Title, - This Act shall be known as the "Identity Theft Prevention and 
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Mitigation Act" 
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SECTION 2. Identity Theft Prevention and Mitigation Office. - The Department of 
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Justice shall establish an Identity Theft Prevention and Mitigation Office for the purpose of 
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receiving and resolving complaints affecting victims of identity theft and, when appropriate, 
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referring these complaints to appropriate investigatory agencies and acting in concert with such 
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agencies. 
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SECTION 3. Powers and Duties. ~ The Office shall have the following powers an~ 
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duties: 
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A. 
To recommend to the Secretary of Justice suitable rules and regulations to carry 
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out the provisions and purposes of this Act; 
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B. 
To identify, investigate, and resolve complaints that are made by, or on behalf of, 
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identity theft victims and that relate to actions, inaction, or decisions that may adversely affect 
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the welfare, health, safety, or financial security or rights of such persons; 
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C. 
To provide services to assist identity theft victims in protecting their identity, 
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including, but not limited to, advocating for the interest of such persons before governmental 
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agencies and seeking appropriate administrative, legal, and other remedies to protect their 
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welfare, safety, and rights; 
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D. 
To provide services to assist identity theft victims III clearing their financial 
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records of 
fraudulent 
activity, 
reestablishing 
their credit, 
and 
preventing further 
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victimization; 
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E. 
To coordinate government programs and activities relating to identity theft 
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prevention, including, but not limited to, the preparation and distribution of identity theft 
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prevention pamphlets to all government lawyers and the creation of an identity theft prevention 
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and mitigation website. 
Such 
website shall serve as a comprehensive source to obtain: 
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information on preventing identity theft and mitigating the impacts of identity theft; 
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F. 
To track and compile nationwide reported cases of identity theft; 
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G. 
To request from appropriate government agencies such assistance and data as will 
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enable the Office to carry out its duties; and 
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H. 
To submit to the Office of the President of the Philippines and to the Congress, on 
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or before September first of each year, a written report on the Office's activities. 
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SECTION 4. Investigations. - The Identity Theft Prevention and Mitigation Office may 
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conduct investigations and may request in writing the production of documents and records as 
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part of its investigation. 
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A. 
If the person upon whom a request for documents and records was made fails to 
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produce the documents or records within thirty (30) days after the date of the request, the Office 
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may issue and serve subpoenas to compel the production of such documents and records. 
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B. 
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 implementation of this 
Act shall be charged against the appropl1ations of the Department of Justice. Thereafter, such 
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amount as may be necessary for its full implementation shall be included in the annual General 
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Appropriations Act as a distinct and separate item. 
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SECTION 6. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the Act or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
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with the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 8. Effectivity Clause. - This Act shaH 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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