How to File a Case in the Philippines (Legal Article)

Introduction

When another person uses your name, signature, ID details, or personal data to create or alter documents—then presents them as genuine—they expose you to legal, financial, and reputational harm. In the Philippine setting, these acts usually fall under (1) falsification of documents, (2) use of falsified documents, and, when done through computers or online systems, (3) computer-related identity theft and related cybercrime offenses. Depending on what the impostor did, you may also have remedies under fraud/estafa, the Data Privacy Act, and civil damages.

This article explains:

what counts as identity theft and falsification in Philippine law,
which offenses commonly apply,
what evidence you need,
where and how to file a criminal case (and other parallel actions),
what to expect from the process, and
practical steps to protect yourself while the case is pending.

This is general legal information. For case-specific strategy, consult a Philippine lawyer or the nearest prosecutor’s office.

1) Key Concepts and Typical Scenarios

A. “Identity theft” in real life

In practice, “identity theft” means someone uses your identity attributes (name, signature, photo, government ID numbers, biometrics, accounts, personal data) to:

open bank/loan/credit accounts,
execute contracts (leases, deeds, promissory notes),
apply for jobs, benefits, or permits,
register SIMs/accounts,
receive deliveries, or
sign official forms—making it look like you did it.

B. “Falsification” in Philippine criminal law

Philippine criminal law focuses less on the label “identity theft” and more on the act of making a document untruthful or forged (falsification) and using it as if genuine.

Common examples:

A deed of sale “signed” by you but you never signed it.
A notarized SPA (Special Power of Attorney) authorizing a sale you never authorized.
A bank loan application or credit card form bearing your forged signature.
A fabricated barangay clearance, certificate, company ID, payslip, COE, or affidavit in your name.
A tampered government record (birth certificate, marriage record, court order, permits).
Online account creation using your details to defraud others.

2) Laws Commonly Used for These Cases

A. Revised Penal Code (RPC): Falsification and Related Offenses

The RPC punishes falsification depending on who falsified and what kind of document was falsified.

1) Falsification of public, official, or commercial documents Typically covered when the falsified document is issued/kept by government or is “official/commercial” in nature (e.g., public instruments, notarized documents, government certificates, clearances, receipts/invoices in certain contexts).

If committed by a public officer taking advantage of official position: usually Article 171.
If committed by a private individual: usually Article 172 (falsification by private individuals and use of falsified documents).

2) Falsification of private documents When the document is private (contracts, letters, internal company documents) and falsification causes damage or is used to cause damage, it is commonly prosecuted under Article 172 (private document falsification provisions).

3) Use of falsified document Even if you didn’t forge it, presenting/using a forged document as genuine is a separate punishable act (commonly within Article 172). This is crucial: sometimes the forger is unknown, but the person who used it is identifiable.

4) Other related RPC crimes that often attach

Estafa (fraud) (Article 315) if the falsification/identity use was part of a scheme to obtain money, property, loans, goods, or services.
Perjury (Article 183) if someone executed sworn statements containing deliberate falsehoods.
Use of fictitious name / concealing true name (Article 178) may apply in some impersonation settings, depending on facts.
Forgery-type acts are generally treated within falsification provisions, depending on document class.

B. Cybercrime Prevention Act (RA 10175): Computer-Related Identity Theft

If identity theft is done through a computer system (online forms, digital account opening, email/social media impersonation, online banking, e-wallets, digital submission of forged IDs, etc.), RA 10175 commonly applies. The law recognizes computer-related identity theft, and cyber-related fraud offenses may also be charged.

Important practical effect: cybercrime charges can be filed even if you never met the offender, and investigative support often routes through cybercrime units.

C. Access Devices Regulation Act (RA 8484)

If your identity was used to access or misuse credit cards/access devices, RA 8484 may apply alongside falsification/estafa/cybercrime depending on the fact pattern.

D. Data Privacy Act (RA 10173) and NPC Complaints

If someone unlawfully processed your personal information, or an entity negligently allowed data exposure leading to misuse, there may be:

administrative complaints before the National Privacy Commission (NPC),
possible criminal liability for certain data privacy violations (fact-specific), and
strong documentary support for damages claims.

E. Notarial Practice: When notarization is involved

If the forged document is notarized (SPA, deed, affidavit), you may pursue:

criminal case for falsification/use of falsified document, and
administrative complaint against the notary (if the notary failed to require personal appearance/competent evidence of identity, or notarized a forged signature), typically filed with the appropriate court/executive judge handling notarial commissions.

3) Choosing the Right Charges (A Practical Mapping)

Scenario 1: Someone forged your signature on an SPA or deed (notarized)

Likely charges:

Falsification of public document (because notarized instruments are treated as public documents),
Use of falsified document (against whoever presented it),
Estafa if property/money was obtained,
Possible perjury if sworn statements contain lies.

Scenario 2: Someone used your name and details to get a loan/credit card

Likely charges:

Estafa (if there’s deceit and damage),
Falsification / use of falsified documents (loan application, IDs, pay slips, certificates),
RA 8484 (if credit card/access device misuse),
RA 10175 if done online/digitally.

Scenario 3: Someone impersonated you online (accounts, e-wallets, marketplace scams)

Likely charges:

Computer-related identity theft (RA 10175),
Computer-related fraud (RA 10175, fact-dependent),
Estafa (if victims were defrauded),
Unjust vexation/other offenses only if the facts fit (often secondary).

Scenario 4: Fake government certificates or records in your name

Likely charges:

Falsification of public/official documents,
Use of falsified documents.

Tip: Prosecutors often prefer filing multiple charges when supported by evidence, because each offense covers different acts (forging vs using vs defrauding).

4) What You Must Prove (General Elements)

While the exact elements vary by article/section, these ideas are central:

Falsification (general)

A document exists (public/official/commercial/private).
It was made untruthful, altered, or forged (e.g., forged signature, fake entries, fabricated issuance).
The falsification is intentional.
For some private document settings, damage or intent to cause damage is relevant.

Use of falsified document

The document is falsified.
The respondent knew or should have known it was falsified.
The respondent introduced/used it as genuine (submitted to bank, government, buyer, employer, etc.).

Estafa (fraud)

Deceit was employed.
Damage or prejudice resulted.
The deceit caused the victim to part with money/property/rights.

Computer-related identity theft (cyber context)

Identity information was used/appropriated.
The act was facilitated by or occurred through a computer system/online process.
Intent is typically inferable from circumstances.

5) Evidence Checklist (What to Gather Before Filing)

A. Core proof that it wasn’t you

Government-issued IDs (specimen signatures if available).
Signature comparison materials (old signed documents, passport records if you can obtain certified copies through proper channels, bank signature cards—usually via bank request/subpoena later).
Proof of whereabouts when document was signed (work logs, travel records, CCTV requests, time stamps, receipts).

B. The questioned documents

Certified true copies if from a government registry, court, or notarial register.
Copies of notarized instruments, including the notarial details (notary name, commission, doc number, page number, book number, series).
Transaction records: bank application forms, loan documents, delivery receipts, emails, screenshots.

C. Digital evidence (if online)

Screenshots with visible URLs, timestamps, usernames.
Emails/SMS headers where possible.
Chat logs and platform reports.
Reference numbers, wallet addresses, bank accounts used.
Preserve original files (don’t just screenshot; keep the file/metadata if available).

D. Witnesses

People who can testify you did not sign/appear.
Bank/office personnel who received the document.
Notary office staff (later, through subpoena).

E. Damage documentation

Demand letters, collection notices, credit report entries (if you have).
Police blotter/NBI referral (if obtained).
Proof of financial loss, legal expenses, reputational harm.

Preservation tip: Keep a “case folder” with a timeline, and store backups (cloud + external drive). Avoid editing screenshots; keep originals.

6) Where to File in the Philippines (Criminal, Cyber, Administrative, Civil)

A. Criminal case (main track): Office of the City/Provincial Prosecutor

Most falsification/estafa/cybercrime cases are initiated by filing a criminal complaint for preliminary investigation before the Office of the City Prosecutor (OCP) or Provincial Prosecutor where:

the crime was committed, or
any essential element occurred (especially relevant in cyber cases), or
where the document was used/processed.

B. Law enforcement assistance: PNP / NBI (supporting track)

You may report and seek help from:

PNP (local station for blotter; Anti-Cybercrime Group for cyber matters), and/or
NBI (especially for document fraud syndicates or cross-jurisdiction issues).

They can help:

identify suspects,
preserve evidence,
coordinate with banks/platforms,
prepare investigative reports that strengthen your prosecutor filing.

C. Cybercrime-specific routing

If the core act is online/digital:

coordinate with a cybercrime unit for proper preservation of electronic evidence, and
consider filing RA 10175 charges with the prosecutor with cybercrime attachments.

D. National Privacy Commission (NPC): Data privacy complaints

If your personal data was misused—or a company’s weak safeguards enabled misuse—you can file an NPC complaint (administrative). This can coexist with criminal and civil cases.

E. Administrative case against notary (if notarized document involved)

If your forged signature appears on a notarized document, consider a complaint against the notary public with the proper court authority supervising notaries in the area. This is separate from the criminal case and can be powerful leverage for obtaining notarial records.

F. Civil case for damages

Even if a criminal case is pending, you may pursue damages under the Civil Code (often through:

civil action impliedly instituted with the criminal case (typical), or
separate civil action depending on strategy and circumstances).

7) Step-by-Step: How to File a Criminal Case (Philippine Procedure)

Step 1: Lock down and notify (immediate practical protection)

Before filing, reduce ongoing harm:

Notify banks, lenders, e-wallets, credit card companies of identity misuse; request account freezes/investigation.
If property is involved (deed/SPA), consult counsel fast for protective actions (e.g., adverse claim/annotation strategy is fact-specific).
Report to the platform (if online impersonation), preserve reports/ticket numbers.

Step 2: Prepare your complaint package

A standard prosecutor complaint usually includes:

Complaint-Affidavit A sworn narrative containing:

your identity and contact details,
the timeline (how you discovered the falsified/identity use),
specific acts committed,
the documents involved,
the harm/damages suffered,
the charges you believe apply (you may propose, prosecutor determines final), and
a list of attachments (“Annexes”).

Supporting Affidavits Affidavits of witnesses and custodians (if possible).
Documentary Evidence Attach copies; bring originals for comparison when required.
Proof of respondent identity (if known) Name, addresses, screenshots, account details, bank accounts used, etc. If unknown, you can file against “John/Jane Doe” while identifying the user accounts and requesting investigative assistance.

Step 3: File with the prosecutor’s office

Submit to the OCP/Provincial Prosecutor with required copies. Pay attention to:

required number of sets,
proper notarization/jurat,
docket/receiving procedures.

If cyber-related, attach a clear explanation of:

what platform/system was used,
what electronic evidence shows,
why RA 10175 applies.

Step 4: Preliminary Investigation

The prosecutor will:

evaluate your complaint,
issue a subpoena to the respondent (if identified and locatable),
allow respondent to submit counter-affidavit,
allow you to reply,
then issue a Resolution (either dismissing or finding probable cause and recommending filing in court).

Step 5: Filing in court and issuance of process

If probable cause is found:

the Information is filed in court,
court action follows (possible warrant, arraignment, trial).

Step 6: Parallel remedies while the case proceeds

Depending on harm:

pursue notary administrative case,
NPC complaint,
bank/platform disputes,
civil damages strategy.

8) Practical Drafting Guide: What to Write in Your Complaint-Affidavit

Include these headings for clarity:

Personal circumstances (name, age, address, ID references).
Statement of facts (chronological narrative with dates/places).
How you discovered the act (who informed you, what notice you received).
Description of falsified/used documents (title, date, notarization details, where submitted).
Why it could not have been you (non-appearance, forged signature differences, alibi/proof, no authority granted).
Damage and risk (financial loss, credit harm, legal exposure, threats/collection, property disposition).
Evidence list (Annex “A”, “B”, etc.).
Respondent identity and participation (who forged, who used, who benefited—separately).
Request for action (find probable cause; file charges; issue subpoenas; coordinate for records).

Tone matters: factual, specific, and attachment-driven. Avoid conclusions not supported by evidence; let the documents and timeline speak.

9) Special Issues and Strategy Points

A. If the forger is unknown

You can still proceed by targeting:

the person who used the document,
the person who received the benefit (loan proceeds, property title transfer, deliveries),
identifiable accounts (bank accounts, e-wallets, platform user IDs), and ask investigators/prosecutor to compel records.

B. If you might be blamed for debts/transactions

Act quickly:

file a police blotter,
issue written disputes to lenders/banks,
gather proof you did not transact,
consider an affidavit of denial (use carefully; it’s not a magic shield but can help document your position).

C. If a notarized instrument is involved

Request and preserve:

notarial details from the document,
later, the notarial register entry, competent evidence of identity used, and any supporting ID copies (availability depends on records and proper legal process).

D. Barangay conciliation (Katarungang Pambarangay) considerations

Some disputes require barangay conciliation before court action, but many falsification and serious fraud offenses are typically outside barangay settlement requirements due to their nature and penalties. Practice varies by locality and the nature of the action (criminal vs civil). If a receiving office asks for a certificate, consult counsel or clarify with the prosecutor’s office; do not let procedural confusion delay urgent reporting and evidence preservation.

E. Prescription (time limits)

Criminal offenses prescribe after a period depending on the offense and penalty. Because falsification and fraud can have longer prescriptive periods, people sometimes delay—but delay can destroy evidence and complicate tracing. File as soon as feasible.

10) What Outcomes to Expect

Possible case results include:

Criminal conviction for falsification/use/estafa/cybercrime with penalties (imprisonment/fines) depending on the specific article/section and document type.
Restitution or damages (often through civil aspect/damages claims).
Cancellation/invalidity of forged instruments (often requiring separate civil/registry actions depending on what changed hands).
Administrative sanctions against notaries or professionals involved.
Institutional corrections (banks reversing fraudulent accounts, platforms removing impersonation accounts).

11) Immediate Self-Protection Checklist (Do This Even Before the Case Moves)

Get a police blotter entry describing identity misuse and listing known documents/accounts.
Notify banks/creditors in writing; request investigation and freeze.
Change passwords, enable MFA, secure email recovery methods.
If SIM or mobile number is involved, coordinate with telco for security measures.
Keep all demand letters/collection messages; do not ignore them.
Build a timeline and evidence index.

12) Quick Reference: Where to Go

Office of the City/Provincial Prosecutor – file the criminal complaint (primary step).
PNP station – blotter and initial report; Anti-Cybercrime Group for online cases.
NBI – document fraud and broader investigations.
National Privacy Commission – data privacy complaints (if personal data misuse/negligent safeguarding is involved).
Court supervisory office for notaries (local practice) – administrative complaint against notary (if notarized forged document).

If you want, provide a short description of what happened (what document, whether notarized, whether online, who benefited, and what harm you suffered). A tailored set of likely charges, a filing roadmap (venue + sequence), and an evidence checklist can be laid out based on that fact pattern.