R.A.8484 (Republic of the Philippines Act No. 8484)
R.A. 8484 Is All About Faking Cards!
Section 3. Definition of Terms.
- (b) Counterfeit Access Device
- (c) Unauthorized Access Device
- (d) Access Device Fraudulently Applied For
- (g) Device Making or Altering Equipment
It is all about faking cards!
Section 9. Prohibited Acts.
- (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;
What are the indications that you got that motive ?
Section 14. Presumption and Prima Facie Evidence of Intent to Defraud.
A cardholder who abandons or surreptitiously leaves the place of employment, business or residence stated in his application or credit card:
- (a) without informing the credit card company of the place where he could actually be found
- (b) 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 ?
What is abandonment or surreptitious leaving ?
- Abandonment is that to which a person has voluntarily relinquished possession without vesting ownership to any other person.
- Surreptitious (adj.) - Conducted with or marked by hidden aims or methods; Marked by quiet and caution and secrecy.
Why would he do that ?
Because in the first place, he faked his cards!
Bottom line, if you never faked the application, never left home and got no money to pay for what's due - no problem!
Small Claims Court
- Purely money claims not to exceed One Hundred Thousand Pesos (P100,000.00);
- And does not include interest and costs.
2. Kinds Of Claims Covered
- Actual damages caused to vehicles, other personal property, real property or person.
- Money owed under a contract of lease, contract of loan, contract of services, contract of sale or contract of mortgage.
- It also includes purely civil actions for payment of money covered by a bounced or stopped check.
- An amicable settlement reached in the barangay or an arbitration award involving a money claim may also be enforced under this rule.
3. Are Lawyers Allowed At The Hearing ?
- Hell No! Lawyers are not allowed to appear at the hearing unless they are the plaintiff or the defendant.
4. What Happens If The Parties Do Not Appear At The Hearing ?
- If the plaintiff does not appear, the claim shall be dismissed without prejudice.
- If the defendant does not appear, the effect will be "Failure To File A Response".
- If both parties do not appear, the claim and counterclaim shall be dismissed.
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