SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.B.No. 
2771 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'15 
MAY 18 P 4 :39 
AMENDING SECTION 10 OF REPUBLIC ACT NO. 8484, ALSO KNOWN AS AN 
ACT REGULATING THE ISSUANCE AND USE OF ACCESS DEVICES, 
PROHIBITING FRAUDULENT ACTS COMMITTED RELATIVE THERETO, 
PROVIDING PENAL TIES AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 5, provides: 
The maintenance of peace and order, and the protection of 
... property, and the promotion of the general welfare are essential for he 
enjoyment by all the people of the blessings of democracy. 
The current law prohibiting fraudulent acts in relation to the production, 
acquisition, and use of access devices is outdated, such that the penalties prescribed are 
no longer commensurate to the crimes committed. In effect, as recent news reports would 
claim, those responsible for trafficking numerous access devices and those who are repeat 
offenders do not feel the full brunt of the law. Likewise, those who simply possess 
fraudulently obtained access devices or counterfeit access devices suffer the same penalty 
as those who traffic fraudulent devices. 
This bill seeks to update the penalties prescribed in the Access Devices Regulation 
Act in order to curb the increasing number of those who engage in the trafficking of 
fraudulently obtained access devices, and to deter syndicates from committing any of the 
prohibited acts enumerated under R.A. No. 8484. This bill also aims to address the 
iniquitous disparity between the law's prohibited acts and their corresponding penalties. 
·~4~~)~ 
MIRIAM nEF~SOR SANT~GO 
1l' 


_'t. 
SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
SENATE 
S.B.No. 
2771 
Introduced by Senator Miriam Defensor Santiago 
'15 
MAY 18 P4 :39 
RECEIVEH BY; __ _ 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
I 
AN ACT 
2 
AMENDING SECTION 10 OF REPUBLIC ACT NO. 8484, ALSO KNOWN AS AN 
3 
ACT REGULATING THE ISSUANCE AND USE OF ACCESS DEVICES, 
4 
PROHIBITING FRAUDULENT ACTS COMMITTED RELATIVE THERETO, 
5 
PROVIDING PENAL TIES AND FOR OTHER PURPOSES 
6 
SECTION 1. Republic Act No. 8484, Section 10 is hereby amended to read as 
7 
follows: 
8 
Section 10. Penalties. - Any person committing any of the acts 
9 
constituting access device fraud enumerated in the immediately preceding 
10 
section shall be punished with: 
11 
(a) A FINE OF TWENTY THOUSAND PESOS (P20,OOO.OO) OR 
12 
TWICE THE VALUE OBTAINED BY THE OFFENDER, 
13 
WHICHEVER IS GREATER AND IMPRISONMENT FOR 
14 
NOT LESS THAN TWO (2) YEARS AND NOT MORE 
15 
THAN SIX (6) YEARS, IN THE CASE OF AN OFFENSE 
16 
UNDER SECTION 9 (E), (I), (K), (L), (0), AND (P), WHICH 
17 
DOES NOT OCCUR AFTER A CONVICTION FOR 
18 
ANOTHER OFFENSE UNDER SECTION 9; 
19 
(b) a fine of +en TWENTY thousand pesos (PlO,OOO.OO) 
20 
(P20,OOO.OO) or twice the value obtained by the offense, 
1 


1 
whichever is greater and imprisonment for not less than six (6) 
2 
years and not more than ten (10) years, in the case of an offense 
3 
under Section 9 (b) (e) and (g) (P) (C), (D), (H), (J), (M), AND 
4 
(N), which does not occur after a conviction for another offense 
5 
under Section 9; 
6 
(b) a fine of +en FIFTY thousand pesos (plO,OOO.OO) (P50,OOO.OO) 
7 
or twice the value obtained by the offense, and imprisonment for not less 
8 
than ten (10) years and for not more than twelve (12) years, in the case of 
9 
an offense under Section 9 (a)-(B), and (t}(G) of the foregoing section, 
10 
which does not occur after a conviction for another offense under Section 9; 
11 
and 
12 
(c) a fine of +en ONE HUNDRED thousand pesos (P10,OOO.OO) 
13 
(PIOO,OOO.OO) or twice the value obtained by the offense, or imprisonment 
14 
for not less than twelve (12) years and not more than twenty (20) years, or 
15 
both, in the case ANY OFFENSE UNDER SECTION 9 WAS 
16 
COMMITTED BY A SYNDICATE OF THREE OR MORE PEOPLE 
17 
OR IN THE CASE ANY offense under Section 9 which occurs after a 
18 
conviction for another offense under said subsection, or an attempt to 
19 
commit the same. 
20 
SECTION 2. Separability Clause. - If any provision, or part hereof, is held invalid 
21 
or unconstitutional, the remainder of the laws or the provision not otherwise affected 
22 
shall remain valid and subsisting. 
23 
SECTION 3. Repealing Clause. - Any law, presidential decree or issuance, 
24 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
2 


I 
or inconsistent with the provisions of this Act is hereby repealed, modified, or amended 
2 
accordingly. 
3 
SECTION 4. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
4 
its publication in at least two (2) newspapers of general publication. 
Approved, 
at30April20 15 
3