ACCESS DEVICES REGISTRATION ACT (R.A.

No. 8484)
TRAFFICKING
 REMEMBER:
o This is new in the bar examination
o Remember those acts that would
constitute a violation of the act
o Examiner might focus on CREDIT
CARDS

ACCESS DEVICES (SECTION 3)

KEY TERMS PROHIBITED ACTS (SECTION 9)

ACCESS DEVICE

a) producing, using, trafficking in one or

more counterfeit access devices;
 If one would produce, fake or manufacture
access devices fraudulently, then that is a
prohibited act

b) trafficking in one or more

unauthorized access devices or
access devices fraudulently applied
for;
COUNTERFEIT ACCESS DEVICE  The respondent will apply for several
access devices without prior authority or
using fraudulent documents

c) using, with intent to defraud, an

unauthorized access device;
 Was able to picked up a credit card and
used it for transaction. when caught, then
will be charged by a violation of this law

d) using an access device fraudulently

applied for;
UNAUTHORIZED ACCESS DEVICE
 Those who applied for a credit card with
fraudulent intention

e) possessing one or more counterfeit

access devices or access devices
fraudulently applied for;
 One who is caught in possession of several
access devices fraudulently applied for,
even if he is NOT USING it, is already liable
under this law
o He cannot interpose the defense
ACCESS DEVICE FRAUDULENTLY APPLIED that he is not using those cards
FOR when he was caught because mere
possession is already a violation of
this law

f) producing, trafficking in, having

control or custody of, or possessing
device-making or altering equipment
without being in the business or
employment, which lawfully deals
with the manufacture, issuance, or
distribution of such equipment;
 Those who will be caught having in his
possession the device making
machines/equipment (e.g. card making
 E.g. credit card issued by the credit card eqpt), who is not in the business of
company to someone who, in the first producing cards, then mere possession of
place, intending to make use of the the device used for making card can
counterfeited access device and was already be punished under this law
acquired by providing false information,
falsified documents, etc. g) inducing, enticing, permitting or in
any manner allowing another, for
 consideration or otherwise to p) without the authorization of the
produce, use, traffic in counterfeit credit card system member or its
access devices, unauthorized access agent, causing or arranging for
devices or access devices another person to present to the
fraudulently applied for; member or its agent, for payment,
 If one would induce another to prepare one or more evidence or records of
fraudulent cards, he can be liable just for transactions made by credit card.
inducing
KEY TAKEAWAY
h) multiple imprinting on more than one  since this is a new law included in the bar,
transaction record, sales slip or focus on the GENERAL PRINCIPLES
similar document, thereby making it o no person shall be imprisoned for
appear that the device holder has non-payment of debt
entered into a transaction other than o meaning, you cannot be
those which said device holder had imprisoned because you have an
lawfully contracted for, or submitting unpaid obligation
without being an affiliated merchant,  HOWEVER, when his unpaid obligation was
an order to collect from the issuer of made through the use of a credit card, and
the access device, such extra sales he has that fraudulent intention to use the
slip through an affiliated merchant card and without paying it (like applying
who connives therewith, or, under for a card without the intention, from the
false pretenses of being an affiliated very beginning to pay his purchases or use
merchant, present for collection such of the card), then he can be made liable
sales slips, and similar documents; under the law

i) disclosing any information imprinted

on the access device, such as, but not
limited to, the account number or
name or address of the device holder,
without the latter's authority or
permission

j) obtaining money or anything of value

through the use of an access device,
with intent to defraud or with intent
to gain and fleeing thereafter;
 While it is a rule that no person shall be
k) having in one's possession, without
imprisoned for death, the use of a
authority from the owner of the
counterfeit credit card is considered a
access device or the access device
violation under this law.
company, an access device, or any
material, such as slips, carbon paper,
or any other medium, on which the
access device is written, printed,
FRUSTRATED AND ATTEMPTED ACCESS
embossed, or otherwise indicated;
DEVICE FRAUD (SECTION 12)
l) writing or causing to be written on
SEC. 12. Frustrated and Attempted Access
sales slips, approval numbers from
Device Fraud. – Any person who performs all the
the issuer of the access device of the
acts of execution which would produce any of the
fact of approval, where in fact no
unlawful acts enumerated in Section 9 of this Act,
such approval was given, or where, if
but which nevertheless does not produce it by
given, what is written is deliberately
reason of causes independent of the will of said
different from the approval actually
person, shall be punished with two-thirds (2/3) of
given;
the fine and imprisonment provided for the
consummated offenses listed in said section. Any
m) making any alteration, without the
person who commences the commission of any of
access device holder's authority, of
the unlawful acts enumerated in Section 9 of this
any amount or other information
Act directly by overt acts and does not perform all
written on the sales slip;
the acts of execution which would produce the
said acts by reason of some cause or accident
n) effecting transaction, with one or
other than said person's own spontaneous
more access devices issued to
desistance, shall be punished with one half (1/2)
another person or persons, to receive
of the fine and imprisonment provided for the
payment or any other thing of value;
consummated offenses listed in the said section.
o) without the authorization of the
issuer of the access device, soliciting
a person for the purpose of –
1) offering an access device; or
2) selling information regarding
or an application to obtain an
access device; or