Originally Posted by
attyatlast
Depende yan pag may fraudulent intent ang tao sa pagiwas ng pagbayad ng credit card...See RA 8484 Access device regulation act of the Philippines, the law that governs access device such as credit cards...Here are some offenses that may imprison a person for not paying his debt....
SECTION 9. Prohibited Acts. — The following acts shall constitute access device fraud and are hereby declared to be unlawful:
(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 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.(take note of this highlighted provisions, because this is the oftenly used provision of credit card companies in going after the recalcitrant credit card holders)
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