R.A.
8484
Access Devices Regulation Act
Presented by: PMAJ MARK P. TURINGAN
of 1998
Assistant Chief, CRU,ACG
R.A. 8484
• February 11, 1998
AN ACT REGULATING THE ISSUANCE AND USE OF ACCESS DEVICES,
PROHIBITING FRAUDULENT ACTS COMMITTED RELATIVE THERETO,
PROVIDING PENALTIES AND FOR OTHER PURPOSES
Section 33:
Prohibited Acts and Penalties
Definition
• Access Device – means any card, plate, code, account number,
electronic serial number, personal identification number, or other
telecommunications service, equipment, or instrumental identifier, or
other means of account access that can be used to obtain money,
good, services, or any other thing of value or to initiate a transfer of
funds (other than a transfer originated solely by paper instrument)
Section 9: Prohibited Acts
a) producing, using, trafficking in one or more counterfeit access
devices;
b) trafficking in one or more unauthorized access devices or access
devices fraudulently applied for;
c) using, with intent to defraud, an unauthorized access device;
d) using an access device fraudulently applied for;
e) possessing one or more counterfeit access devices or access devices
fraudulently applied for;
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;
g) inducing, enticing, permitting or in any manner allowing another, for
consideration or otherwise to produce, use, traffic in counterfeit access
devices, unauthorized access devices or access devices fraudulently applied
for;
h) multiple imprinting on more than one transaction record, sales slip or similar
document, thereby making it appear that the device holder has entered into a
transaction other than those which said device holder had lawfully contracted
for, or submitting, without being an affiliated merchant, an order to collect
from the issuer of the access device, such extra sales slip through an affiliated
merchant who connives therewith, or, under false pretenses of being an
affiliated merchant, present for collection such sales slips, and similar
documents;
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;
k) having in one's possession, without authority from the owner of the
access device or the access device company, an access device, or
any material, such as slips, carbon paper, or any other medium, on
which the access device is written, printed, embossed, or otherwise
indicated;
l) writing or causing to be written on sales slips, approval numbers
from the issuer of the access device of the fact of approval, where
in fact no such approval was given, or where, if given, what is
written is deliberately different from the approval actually given;
m) making any alteration, without the access device holder's authority,
of any amount or other information written on the sales slip;
n) effecting transaction, with one or more access devices issued to
another person or persons, to receive payment or any other thing
of value;
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
p) without the authorization of the credit card system member or its
agent, causing or arranging for another person to present to the
member or its agent, for payment, one or more evidence or records
of transactions made by credit card.
Section 10: Penalties
a) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the
offense, whichever is greater and imprisonment for not less than six (6) years
and not more than ten (10) years, in the case of an offense under Section 9 (b)-
(e), and (g)-(p) which does not occur after a conviction for another offense
under Section 9;
b) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the
offense, and imprisonment for not less than ten (10) years and for not more
than twelve (12) years, in the case of an offense under Section 9 (a), and (f) of
the foregoing section, which does not occur after a conviction for another
offense under Section 9; and
c) a fine of Ten thousand pesos (P10,000.00) or twice the value obtained by the
offense, or imprisonment for not less than twelve (12) years and not more than
twenty (20) years, or both, in the case of any offense under Section 9, which
occurs after a conviction for another offense under said subsection, or an
attempt to commit the same.
• Section 11. Conspiracy to commit access device fraud
• Section 12. Frustrated and attempted access device fraud
• Section 13. Accessory to access device fraud
Section 14. Presumption and prima facie evidence of intent to defraud
– The mere possession, control or custody of:
a) an access device, without permission of the owner or without any lawful
authority;
b) a counterfeit access device;
c) access device fraudulently applied for;
d) any device-making or altering equipment by any person whose business or
employment does not lawfully deal with the manufacture, issuance, or
distribution of access device;
e) an access device or medium on which an access device is written, not in the
ordinary course of the possessor's trade or business; or
f) a genuine access device, not in the name of the possessor, or not in the
ordinary course of the possessor's trade or business, shall be prima facie
evidence that such device or equipment is intended to be used to defraud.
• A cardholder who abandons or surreptitiously leaves the place of
employment, business or residence stated in his application or credit
card, without informing the credit card company of the place where
he could actually be found, if at the time of such abandonment or
surreptitious leaving, the outstanding and unpaid balance is past due
for at least ninety (90) days and is more than Ten thousand pesos
(P10,000.00), shall be prima facie presumed to have used his credit
card with intent to defraud.
THANK YOU
