Philippine Bar review · Question

Practice question: Access Devices Regulation Act (RA 8484, Secs. 3, 9–14, and 17, as amended by RA 11449)

Multiple Choice Hard

Practice question

A cardholder surreptitiously leaves the address stated in her credit-card application without notifying the company where she can be found. Her PHP 150,000 balance has been past due for ninety-five days. The prosecutor invokes the specific abandonment presumption using the old PHP 10,000 threshold, without other fraud evidence. Which answer applies the amended threshold correctly?
  1. The old threshold remains controlling.
  2. The specific presumption's balance condition is not met because RA 11449 requires more than PHP 200,000.
  3. Every unpaid balance automatically proves fraud.
  4. Exactly ninety-five days automatically replaces the balance condition.
  5. No credit-card conduct can ever be criminal.

Legal references

  • RA 8484, Sections 3, 9–14 and 17, retained provisions read with RA 11449 amendments: https://lawphil.net/statutes/repacts/ra1998/ra_8484_1998.html
  • RA 11449, Sections 2–5 amending access-device definitions, prohibited acts, penalties and presumption threshold: https://lawphil.net/statutes/repacts/ra2019/ra_11449_2019.html

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