Dear IBP,
Isa po akong Online Seller at marami na po akong followers. Nagulat po ako at may isang tao sa facebook na ginamit ang pangalan ko at saka picture ko. Nag benta po siya ng mga fake products at ngayon po, ako ang hinahabol ng mga clients niya. May kasama po siya sa online selling na nagkukunwari po na kasamahan ko sa office. Ano po ba gagawin sa nagpanggap ng pangalan ko at kasamahan ko sa office ?
Fanny.
Dear Fanny,
Your problem is a probable case of identity theft. This is a type of crime in which someone wrongfully obtained your name and used your personal data using fraud or deception for economic gain. In your case, using your name and picture to mislead buyers to buy fake products is a Serious Cyber Crime. Under RA 10175, the intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information belonging to another, whether natural or juridical, without right is punishable imprisonment of prision mayor (6 years and 1 day to 12 years) or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both. As to the other people pretending to be your ofice-mates and at the same time helping the impostor, they are liable for Aiding or Abetting Cyber Criminals of Computer-related Identity Theft. The act shall be punished with imprisonment of 6 months and 1 day to 6 years or a fine of at least One hundred thousand pesos (PhP100,000.00) but not exceeding Five hundred thousand pesos (PhP500,000.00) or both.
In Jose Disini, Jr., et. al., vs. the Secretary of Justice, et. Al [ G.R. No. 203335. February 18, 2014 ], it was stated that a cyberspace, is a system that accommodates millions and billions of simultaneous and ongoing individual accesses to and uses of the internet. The cyberspace is a boon to the need of the current generation for greater information and facility of communication. But all is not well with the system since it could not filter out a number of persons of ill will who would want to use cyberspace technology for mischiefs and crimes. One of them can, for instance, avail himself of the system to unjustly ruin the reputation of another or bully the latter by posting defamatory statements against him that people can read. Also, the penalties for the above crimes are affirmed in the above case.
Also, since you mentioned Facebook, just because you have similar names, it does not follow that your identity is stolen because there are many people on Facebook with the same names unless your name is uncommon. Also, the picture you mentioned must clearly originate from your stockpile. There are “doppelgangers” in Facebook, or people who are biologically unrelated, but they look-alike in facial features. Having similar facial feature is not enough evidence. But if you are certain that these posers and impostors, used your digital footprints and/or online reputation to trick people to the monetary loss of your online business, you can report them at the Facebook, or you can make a disclaimer to let your online customers be aware to deal only directly to your account. But if in the event that you are harassed, you can file at the Philippine National Police or National Bureau of Investigation.
In this era of internet and online transactions, the best move is to always look over your shoulders for fraudsters. Do not give your name, birthday, birthplace or other personal circumstances over the phone, emails, messages or chats. Only those who do not safeguard their private information could become victims of identity theft.
