Victim or Suspect? The Dilemma of Stolen Phones and Online Scams

In today’s digital age, mobile phones and e-wallet services like GCash have become tools for daily transactions. However, this convenience also comes with risks. One alarming issue is when a cellphone is stolen, and the thief uses the victim’s registered GCash number to scam others. In some cases, the original owner of the GCash account ends up being charged, even if the or she did not commit the fraudulent act. This raises and important question: can a person be held criminally liable when their identity or account is merely used by another in committing a crime?

The Revised Penal Code provides that criminal liability generally rests on the person who actually committed the crime or participated in its execution (Article 4). Criminal liability is personal and cannot be transferred to another unless conspiracy or participation is proven. Additionally, under the Cybercrime Prevention Act of 2012 (Republic Act No. 10175), online fraud and identity theft are punishable acts, but again, liability attaches to the person who committed the fraudulent act, not to the mere owner of a number or account that was stolen and used without consent.

To illustrate, suppose a resident’s cellphone is stolen, and the thief uses the GCash account linked to the SIM card to solicit money from unsuspecting victims. One of the victims files a complaint against the GCash number, and authorities trace it to the original owner. If there is no proof that the owner conspired with the thief or negligently allowed the account to be misused, the owner should not be held criminally liable. Instead, the real offender is the person who stole the phone and carried out the scam. At most, the original owner may be asked to cooperate in the investigation, but without evidence of intent or negligence, liability does not attach.

In conclusion, the law recognizes that criminally liability must be personal. A person cannot be punished for crimes committed by another simply because his or her identity or account was used. However, the dilemma remains: while victims of stolen phones and e-wallet scams are themselves aggrieved parties, they often face suspicion and even prosecution. This underscores the nee for law enforcers, prosecutors, and even digital platforms to carefully evaluate evidence and distinguish between victims and suspects in the complex landscape of cybercrimes.