Identity Theft

What is involved in the crime of theft?

As provided in the Revised Penal Code, it is only personal property that is involved in the crime of theft.  Otherwise, the crime would not be theft.

Personal Property refers to the property that is basically movable.  Meaning this is the property that can be carried with ease by the owner.  For instance, cellphone, appliances, money, and the likes.

However, with the internet age we are in today, what is commonly stolen is the identity of a person.  Identity thieves are swarming in the cyberspace with the purpose to deceive somebody inorder to exact some money or to bash some persons inorder to conceal the real identity of the culprit.

A lot of victims have already asked whether they could file this so-called identity theft case.  However, considering that we did not have yet, at that moment, any specific law defining and punishing such crime, the victims would just get frustrated.

Fortunately, with the recent decision of the Supreme Court declaring the constitutionality of Republic Act No. 10175 or otherwise known as the "Cybercrime Prevention Act of 2012", identity theft is one of the crimes defined and penalized by the said law.

Accordingly, IDENTITY THEFT is 

"the intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right:  Provided, that if no damage has yet been caused, the penalty imposable shall be one (1) degree lower."

In this law, damage is not necessary inorder to consummate the crime.  As provided above, whether or not there is damage done, the crime of identity is already committed.  However, the penalty shall be lowered by one degree if no damage has committed yet.

Imposable Penalty:

"Any person found guilty of this punishable act shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred Thousand (P200,000.00) Pesos up to a maximum amount commensurate to the damage incurred or both."