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

1. Scope

  • 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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Comments 22 comments

mike 4 years ago

hi sir. what if hindi nmn po aq nag transfer ng residence but i did not inform the bank that i am no longer connected with the company. will this be a ground for defrauding?


monk3ybidzness profile image

monk3ybidzness 2 years ago from Antartica Author

it is normal to change job, you still live in the same residence


mar 2 years ago

Hi Po,

I have question - possible po ba ito?

“For Collection of Sum of Money, under the Rule on Small Claims Cases, and/or criminally prosecute you for Violation of R.A 8484 (Defrauding of Creditors), if legally warranted, before the Metropolitan Trial Court of Makati City, Metro Manila.” Please be advised that the Rule on “Small Claims Cases” requires only one (1) hearing and any court’s decision rendered shall become immediately final and non-appealable. Your spouse, if any, shall be included as mandatory party-defendant, under Rule 3 Sec.4 of the New Rules of Court.


Gretchen Cruz 2 years ago

Hi! Just want to ask po that if a civil case is filed against a person in Makati, will he be obligated to go to Makati for the hearing kahit walang capacity to pay for the travel from the province? Will a person be in prison if a civil case on not paying his credit card dues is filed against him? He did not transfer residence and did not change his contact details. The only reason he was not able to pay for te past months is that he had no job and he is a single father to three kids, everytime the collectors called he will just say that at the very moment he do not have the money to pay but he will slowly pay his credit card due, asking the agent to stop the interest. All that is left in the dues are all interest he has already settled all amount that he charged to the credit card.....bali interest nalang ang lumalabo monthly. Need your advise po on this one cause the collector is always harrassing him, hope to get an advise from you po....thank you very much.


monk3ybidzness profile image

monk3ybidzness 2 years ago from Antartica Author

Gretchen,

The collectors and their so-called Atty. Hibok-Hibok does not have anything against you if you are not hiding and you did not faked your identity when you obtained the credit card.

R.A.8484 simply means - you did not lie about your identity when you applied for the card. And you are not hiding from the bank now that you are not able to pay for it.

To add: You are NOT in anyway obligated to pay these collectors, they are just simply collectors. You can throw a dirty finger on their faces. Have them cross your gate and apply violent force for trespassing.

Pay directl to the bank that issued your card.


chel 2 years ago

Hi! Just want to ask po, my boyfriend received a demand for payment from bayantel through their attorney, were not using the devices po for how many months now kasi po ang pangit ng service so ngpalit po kmi ng telephone and internet provider, ngayon po ngdedemand po sila n byran yung balance or else they will file a civil case, criminakl case under RA No. 8484, administrative case due to failure of payment, his name will be endorse to the nbi, barangay and police records, and will be blacklisted from PAPTELCO and CMAP, are all these cases possible po against him?


Mark A. 2 years ago

Sir,

Ask ko lang po, medyo malaki po kasi yun nakuha ko gamit ang mga credit cards ko, may 87K, 50K at 40K sa mag kakaibang credit cards from different banks. Wala po interest yan. Bigla na lang po kasi ako nawalan ng trabaho. Pano po ang gagawin ko? Nana nakot na po sila. Pano po gagawin ko mung may mag punta na pulis dito or sheriff, totoong pulis at sheriff po kaya ang mga yun?? Tapos may papa pirmahan sa akin na demand letter or what?? Tapos nanakot pa po na kukuhanin saw nila gamit etc etc. Ano po ang pwede ko gawin or sabihin sa kanila para hindi nila gawin yun??

Pano na po gagawin ko? ? Pasensya na po. Litong lito na ako at takot na po ako, pati po mga magulang ko po.


Leaziel 2 years ago

Hi Sir,

I would just like to ask if a case is filed for RA 8484 and this is because of unpaid bills for globe plan would that person be put to jail? What would happen?


jm 2 years ago

when i had the credit card, i used the address of my gf not because i intended to flee after sometime but because i want to have privacy with my finances. now that i am now in abroad ex ko n ung gf ko i received a message from my sister n they received a call that i had a warrant because of swindler case. possible po ba ito?actually i am a good payer when i was still in pinas but since break n kame ng gf wala ng magaasikaso ng card ko and nagkaproblema ako sa abroad ... all written in my card is true ung address lang iba nilagay ko would it be possible makasuhan ako?pls help kc pauwi pa naman ako...


rain 2 years ago

hello!

i would like to ask regarding my situation. I had a long-time complaint with East West Bank regarding a late payment charge. What happened was that I did not receive my statement so i called them up, they adviced me to pay my balance but i asked them if i can wait for the statement kasi i had to clarify the charges. they adviced na ok lang because i had informed them beforehand. i had the mistake before of not paying within the due date since i waited for the statement so i paid for the late charge, so nanigurado na ako at nagtanong.

since ok naman na mag wait, i waited. about a week later dumating yung bill and i paid for it. Sad to say, the next month eh may charges na. I asked them about it and they said not to worry kasi irereverse. The month after lumaki na yung charges. Every month i called them up regarding it and they said na gagawan ng investigation. every investigation iba ang result, merong inihulog ng mailman sa gate slot (wala kaming gate), the next month sa ilalim daw ng door inilagay ang bill kasi walang tao (not true since may tindahan kami and always may tao), next alibi di daw tinanggap ng kuya ko (not true uli kasi lahat ng bills ko with my phone and other cards xa ang tumatanggap kasi sa kanila yung tindahan), meron pang alibi na sa bintana inipit..

I started questioning bakit iba-iba results ng investigations nila and sabi nila may tatawag na aayos ng problem, may tumawag nga na di ko nasagot, i followed up eh ang sinisisi nila ako kasi di ko sinagot yung tawag tapos sabi nila wala na sa kanila yung account ko kasi na forward na sa collection agency so di na nila masasagot mga queries ko.

after that call sunod sunod na tawag from a law firm ang tinanggap ko, halos everyday and ang lagi kong sagot/tanong sa kanila eh bakit kinuha nila yung account na hindi pa nasesettle ng bank yung reklamo? the agents were rude by the way and very demanding regarding sa payments. I told them na wala silang makukuha from me cause all i bought using the card was paid and the balance left were all late charges. Huminto sila ng pangungulit after that. Tapos kanina, mga a month ng katahimikan, may natanggap na uli ako, this time saying na collecting department ng East West uli.

I'm not really sure how this will end up but i would love to hear your opinion regarding this kind of situation. thanks!


paul 2 years ago

Hi sir

Good afternoon

Nag text ang law office sa misis said na nag file ng complain and east west bank ng r.a 8484 na nakipag ugnayan daw sila as amin brgy official at sa pinag tratrabahuhan ng misis ko and as harap daw Nila gagawa ng black and white agrrement. Possible po ba un kc wala na po work misis ko kaya Hindi po sya nakakapag bayad ng credit card and Hindi nman po naming tinatakobohan Hindi rin po kame lumilipat ng bahay. Hindi LNG po makapag bayad kc wala po work misis


cutie 2 years ago

gud eve po globe telecom is filling civil case for me dahil may existing balance po ako amounting 15t nkiusap po ako sa 2mawag sa akin na dahan2 ko xa bayaran dhil as of now ala me work but gusto nila in 3 months time mbyaran ko na lahat kaya di ko na pinansin until just this evening nagtxt na naman cla na nagfile na ng civil case R.A 8484 ano po ba dapat ko gawin.salamat po.


Michelle 2 years ago

Hi Cutie, I received the same text regarding the filing of civil case. Ano palang ginawa mo? ngbayad kb?


DONS 23 months ago

hi I receive a summon from a credit card company ,stating that I have hearing etc etc from Makati RTC.. i don't know what to do.. a months ago i called the bank that i will settle my cc and pay them but i will not pay the interest. but they refuse to accept. kasi sabi ko if lalagyan ni la ng lalagyan ng interest so di na ako lalo mkakbayad. last month i paid a small portion of the card. unfornately yon may na received pa rin akong summon. i called the bank to settle but i will pay only the charges last August, but they refuse it. They ask me to settle all the bills , they can only give 6 months 0%. they ask me pa to pay the court charges etc etc. Can i tell them why should i pay the court charges e sila namn ang nagfile so bkit ako ang mag sho shoulder dun. buti nga i 'am willing to settle the account. please advise what is the right move. thanks


bee 22 months ago

hello po....i wud lyk to ask....po...f the card holder is unable to pay the amnesty settlement po..dahil wla na po syang trabaho..cud the bank file a criminal case against the cardholder...

ano ang dpat gawain ng cardholder...po


maruko 21 months ago

I'm also waiting for a response regarding the globe case


19 months ago

pahelp nman po..


len 18 months ago

may nakukulong po b sa kapag hindi nabayaran ang utang sa credit card?may natanggap po kc letter attorneys letter n pina babayran sakin yung buong amount pero wala po ako ganun kalaki pera wl n po ako trabaho kailangan mabayaran ko with in 5 days ano po b ang dapat ko gawin...


EM 17 months ago

Pano po kung lumipat na ko ng tirahan and hindi ko nainform yung credit card company na meron akong past due? pwede ba nila akong kasuhan ng criminal case?


Mae 10 months ago

hi, ask lng po ako tungkol sa credit card kc may mga demand letter kc ako gling sa mga attorneys, kung kani-kaninong firm, parang nananakot. actually yng utang ko 18, 000.00 lang , pero may nabayaran ko na worth 8k+ something tpos ngayon umabot na ng 100k+ . , yng halaga na yn wla na akong mababayad kc isa pa breadwinner ako sa amin maski pangkonsulta ko sa sarili ko dko na magawa kc kapos na kapos ako.Sana mabigyan nyo ako ng paraan kung papaano...tnx po..


Kylie 5 months ago

Good day. Just want help dont know what to do. I've got an nbi hit and all i can think of are my unpaid credit cards last 10years ago. I resigned frm my job in manila and gone home to our province and di not inform the credit card company. Is it possible that they filed a criminal case on me on ra8484? Thanks in advance


Beal 6 days ago

Good day po itong batas na to intended only in the philippines?

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