Is it illegal for someone to use another person’s identity for fraudulent purposes?

Yes, using another person’s identity for fraudulent purposes is illegal in the Philippines under various laws, including the Revised Penal Code and the Cybercrime Prevention Act of 2012. Identity theft, particularly when used to deceive or defraud others, is a serious offense that can result in criminal liability for the perpetrator.

The Revised Penal Code penalizes any act of fraud, including the misrepresentation of one's identity to obtain an undue benefit at the expense of another. This covers actions such as using another individual’s name, identity, or personal information to engage in fraudulent transactions. Specifically, Article 315 of the Revised Penal Code classifies such acts as estafa, or swindling, which is punishable by imprisonment or fines depending on the gravity of the offense.

The Cybercrime Prevention Act of 2012 (Republic Act No. 10175) further strengthens legal measures against online fraud and identity theft. The law specifically criminalizes the unauthorized use of personal information with the intent to harm, defraud, or deceive another person. Online identity theft, which includes creating fake accounts or using someone else’s name to conduct fraudulent activities, is considered a cybercrime punishable by imprisonment, fines, or both.

Victims of identity theft can pursue both criminal and civil remedies. Criminal complaints may lead to the prosecution of the offender, while civil cases can be filed for damages caused by the fraudulent acts. Additionally, victims may seek to have their names cleared and any fraudulent records corrected.

To protect against identity theft, individuals are encouraged to safeguard personal information, report suspicious activities to authorities, and take immediate legal action if their identity has been misused.