Practice question
A person is authorized to log into an online banking application for a limited legitimate task but accesses it in a fraudulent manner outside that legitimate purpose. He argues that any initial access permission conclusively excludes amended Section 9(s). Is he correct?
- Yes, permission eliminates liability for every later use.
- No; Section 9(s) expressly addresses fraudulent access with or without authority, subject to proof of its elements.
- Yes, if no paper credit card exists.
- Yes, if the account remains open.
- No, because every authorized login is automatically fraudulent.
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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