In the digital age, identity theft has become a prevalent threat in the Philippines, particularly with the rise of online lending platforms and digital banking. When a third party uses your personal information to secure a loan without your consent, you are a victim of a crime.
The Affidavit of Identity Theft serves as your primary legal tool to dispute these fraudulent obligations and clear your name with financial institutions and credit bureaus.
I. Legal Framework in the Philippines
Identity theft is primarily governed by Republic Act No. 10175, otherwise known as the Cybercrime Prevention Act of 2012. Specifically, Section 4(b)(3) penalizes "Computer-related Identity Theft," which involves the intentional acquisition, use, or transfer of identifying information belonging to another without right.
Additionally, Republic Act No. 10173 (Data Privacy Act of 2012) provides victims with the right to object to the processing of their data and the right to seek indemnity for damages sustained due to inaccurate or unauthorized use of personal information.
II. What is an Affidavit of Identity Theft?
An affidavit is a written statement of facts voluntarily made by an affiant under oath or affirmation, administered by a person authorized by law (usually a Notary Public).
In the context of identity theft, this document serves as:
- Formal Notice: A declaration to the creditor that the loan is unauthorized.
- Evidence: A sworn account that can be used in court or administrative proceedings.
- Basis for Investigation: A requirement for many banks and the Bangko Sentral ng Pilipinas (BSP) to initiate a fraud investigation.
III. Essential Components of the Affidavit
To be legally effective, the affidavit must be detailed and specific. It should generally include the following sections:
| Section | Description |
|---|---|
| Title and Venue | Usually titled "Affidavit of Identity Theft" with the specific city/municipality where it is notarized. |
| Personal Circumstances | Full name, age, civil status, and residence of the affiant. |
| The Incident | A clear narration of how and when you discovered the identity theft (e.g., received a collection call, checked a credit report). |
| The Fraudulent Loan | Specific details: Name of the lending institution, the loan account number, the amount, and the date of the alleged transaction. |
| Denial of Liability | An explicit statement that you did not apply for, receive the proceeds of, or authorize the said loan. |
| Discrepancies | Pointing out differences between your actual data and the fraudster's data (e.g., different signatures, mobile numbers, or addresses used in the application). |
| Request for Action | A formal demand to the creditor to cease collection efforts and remove the record from their system. |
IV. Step-by-Step Filing Process
- Gather Evidence: Collect all correspondence from the lender, copies of your credit report, and your valid government IDs to prove your true identity.
- Draft the Document: You may consult a lawyer or use a standard template. Ensure all facts are accurate; false statements in a sworn affidavit can lead to a charge of Perjury under the Revised Penal Code.
- Notarization: Sign the document in the presence of a Notary Public. You will need to present a valid government-issued ID (e.g., Passport, Driver’s License, UMID).
- Police Report: While the affidavit is a private declaration, filing a "Police Blotter" or getting a certification from the PNP Anti-Cybercrime Group (ACG) or the NBI Cybercrime Division strengthens your case.
- Submission: Serve a copy of the notarized affidavit to the following:
- The Fraud Department of the lending institution.
- The Credit Information Corporation (CIC).
- The Bangko Sentral ng Pilipinas (BSP) via their Consumer Protection Department, if the lender is a regulated bank or financing company.
V. Legal Consequences for the Victim
Under Philippine law, a victim is not civilly liable for contracts entered into through fraud where there was no "meeting of the minds." By filing this affidavit, you are establishing the lack of consent, which is a vital element of a valid contract under the Civil Code of the Philippines.
VI. Practical Tips for Affiants
- Specify "Identity Theft" vs. "Unauthorized Transaction": Be clear that you do not recognize the account at all, rather than just disputing a specific charge on an existing account.
- Keep Originals: Always keep the original notarized copy and provide only photocopies or scanned versions to institutions, unless an original is strictly required.
- Request a Received Copy: When submitting to a bank, ensure your personal copy is stamped "RECEIVED" with the date and signature of the representative.