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TI-IIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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First Regular Session 
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S. B. No 
E NATB%3 
Introduced by Senator Miriam Defensor Santiago 
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THIRTEENTH CONGRESS OF THE REPUBLIC) 
’04 JUL -1 
Rlrj:45 
First Regular Session 
OF THE PHILIPPINES 
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S E N A T E  
S.B.No. 
128 
.Introduced by Senator Miriam Defensor Santiago 
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fjr it erictcted by the .yetiate nrid Hoirse of Representatives in Congress ,assembled: 
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AN ACT PENALIZING CREDIT CARD FRAUD 
.AND PROVIDING PENALTEES THEREFOR 
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, SECTION I ,  7i’flc. This Act shall be known as the “Credit Card Fraud Act.” 
SECTION 2 . ’  Lhfini/io/i. As used in this Act. 
(1) the term “access device” means any card, plate, code, account number, 
electronic serial number, personal identification number, or other telecommunication 
senicc. equipment, or instrumental identifier, or other means of account acce 
tised. alone or in conjunction with another access device, to obtain’ n> 
services, or any other thing of value, or that can be used to initiate a .tra 
(oilier than a transfer originated solely by paper instrument); 
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(2) the term “counterfeit access device” means any access device that i s  
counrcrfeit, fictitious, altepxl, or forged, or an identifiable component of an access device 
o r  a counterfeit access device; 
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(3) the term “unauthorized access’device” means any access device that is 
Iosi. stolen. expired, revoked, cancelled, or obtained with intent to defraud; 
(4) the term “produce” includes esign, alter, authenticate, duplicate, or 
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assemble; 
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(5) the term “traffic” means transfer, or otherwise dispose of, to another, 
or obrain control of with intent to transfer or dispose of, 
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(6) the teCm "device-making equipment” means any equipment, mechanism, 
or irnpres3ion designed !or primarily used for making an access device or a counterfeit 
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device; 
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(7j the iierm “credit card system member” means a financial institution or 
other entity that is a m&nb& a credit card system, including an entity, whether affiliated 
v.itli or identical to the Fretlit card issuer, that is the sole member of a credit card system; 
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used to intercept a wire or electronic communication. 
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SECTION 3 .  I rohibired c& 
of frnird and relaled nclivily iii connection with 
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(ICL‘L’.\.S devices. Whoever 7 
(1) knowingly and with intent to defraud produces, yes, or trafics in one 
or more counterfeit access devices; 
(7) Lnowingly and with intent to defraud traffcs’in or uses one or more 
unauthorized access devices during any one-year period, and by such conduct obtains 
arzj.lliing of value aggregating P2,OOO.OO or more during that period; 
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(3) knowingly and with intent to defraud possesses fifteen or more devices 
irhicli are counrerfeit or unauthorized access devices; 
14) knowingly, and with intent to defraud, produces, traffics in, has control 
or c c w x l y  of, or possesses device-making equipment; 
( 5 )  knowingly, and with intent to defraud uses, produces, traffics in, has 
centrot or custody of, or possesses a telecommunications instrument that has been 
iiwdifi4 or altered to obtain unauthorized use of telecommunications devices; 
( 6 )  knowingly and with intent to defraud uses, produces, trafics in, has 
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c.f,!itrrjl or custody of: or possesses - 
(a) a scmning rcceiver, or 
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hardware or software used for altering or modifying 
!c.ic;Cf:mniunications instruments to obtain unauthorized access to telecommunicat.ions 
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( 7 )  knowinsly and $ith intent to defraud effects transaction, with one or 
niore access devices issued to another person or persons, to receive payment or any other 
thing of value during any one-year period the aggregate value of which is equal or greater 
than P2,OOO.OO; 
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(8) without the authorization of the issuer of the access device, knowingly 
and :..irh intent to defraud solicits a person for the purpose of - 
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(a) offering an access device, or 
Ib) selling information regarding or an application to obtain an 
access device; or .e 
(9) without the authorization of the credit card system member or its 
agent. knowingly and with intent to deliaud causes or arranges for another person to 
present to the member or'ilr; agent, for payment, one or more evidences or records of 
lranjactions made by an access device; 
shall, i f  the offense aff'ects interstate or foreign commerce, be punished as provided in 
iectiun 4 of this Act 
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SECT10N 3 .  /'circd/ic.s. The punishment for an offense under section 3 of this 
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(a) a fine of I' 10,000.00 or twice the value obtained by the ofense, which 
c., cr is greater, or imprisonment of prision mayor in its minimum and medium periods, or 
hili. i n  the case of an o h s e  undcr section 3 (2), (3), (7, (8), or (9) of this section 
,.vhich does not occur after a conviction for another offense under either such section, 
(bj a line of Pi0,OOO.OO or twice the value obtained by the offense, 
~ihichever is greater, or iniprisonment of prision mayor in its medium and mqximum 
periodj. or both: in the case of an affair under section 3(1), (4), ( 5 ) ,  or (6) of this Act 
,,.'. hich does nut occur after a conviction for another offense under either such section; and 
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(c) a fine of PIO,OOO.OO or twice the value obtained by the offense, 
'.~.iiiclic.:er is greater, or imprisonment of reclu$ion temporal in its minimum and maximum 
p c r i r d i  or both; in thc case of an olrense under section 3 of this Act which occtlrs after a 
cw-'. iciion for another offciisc under such section. 
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SEc-rIOrq 5 .  'rile National Bureau of Investigation (NBI) shall, in addition to any " 
:,[her agency havipg such authority, have the authority to investigate offenses under this, 
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SECT104 6 .  LScpwddi& Ckrrrse. If any provision, or part hereof, is held invalid 
i or unconstitutiondl, the remainder of the law or the provision not otherwise affected shall 
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remain valid and subsisting. 
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SECTION, 7. k p w h g  ~.~k~u.se. Any law, presidential decree or issuance, 
L-.;ecurive order, Iktter of instruction, administrative order, rule or regulation contrary to, 
o r  iticonsibtent with: the provisions ol'this Act is hereby repealed, modified, or amended 
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accordingly. 
SECTIOd.8. ly/hcrivify. This Act shall take effect fifteen (15) days after its 
publicalion.in at leiast two (2) newspapers of general circulation. 
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.Approved. 
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