Dear Atty. Angela,
I am a senior citizen who was a recent victim of a phishing scam. I was deceived by a caller who represented himself as a bank agent and I gave him my personal details. I then got a notice that a credit card was being applied under my name but it will be delivered to a different address. I coordinated with the police and they helped me entrap the man who tricked me. We found out that there are other victims he had similarly defrauded. We want to file a case but first, I want to understand what crime was committed and what penalties would he face having done this. Thank you.
Delfa
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Dear Delfa,
You are a victim of identity theft which means the thief used your personal information to apply for a new credit card account with your details.
Under the Cybercrime Prevention Act of 2012 (Republic Act 10175), computer-related identity theft is defined as “the intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right” [Sec. 4(b)(3)].
Under the law, specifically on penalties, “any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least two hundred thousand pesos (P200,000) up to a maximum amount commensurate to the damage incurred or both” [Sec. 8].
This cybercrime covers fake accounts, or accounts using the name or other identifying information of another person, without the authority of that person. The accused may be punished for identity theft even if the victim does not suffer any damage.
The act of identity theft must be done without right, which refers to: (i) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law. This was established in the narration of facts you provided.
Since there are other victims aside from you, a joint or consolidated criminal case on cybercrime offense can be filed and the perpetrator shall face criminal charges and penalties as mentioned.
Atty. Angela Antonio