Dear PAO,

While having lunch at the mall, I left my wallet with my co-worker as I needed to go to the restroom. When I later received my credit card statement, I was surprised to discover unauthorized purchases made at the same mall. Upon confronting my co-worker, she admitted that she had used my credit card to buy clothes and shoes without my knowledge or consent. Although she initially promised to reimburse the amount, two months have already passed and she has yet to pay me. In this situation, what case may I file against her?

Ivory

Dear Ivory,

The answer to your question can be found in Republic Act (RA) 8484, otherwise known as Access Devices Regulation Act of 1998, which was signed into law on February 11, 1998. This statute was enacted to safeguard the integrity of financial transactions by regulating the issuance and use of access devices, while simultaneously protecting the rights and defining the liabilities of all parties involved in commercial dealings.

Under Section 3 (a) of the law, an “access device” is broadly defined to include any card, plate, code, account number, electronic serial number, personal identification number (PIN), or other telecommunications service, equipment, or instrumental identifier, or other means of account access that can be used to obtain money, good, services, or any other thing of value or to initiate a transfer of funds. Corollary thereto, Section 3 (c) of the law defines an “unauthorized access device” as any access device that is stolen, lost, expired, revoked, canceled, suspended, or obtained with intent to defraud.

Section 9 of the same law expressly penalizes a range of fraudulent acts, including, but not limited to, the use, with intent to defraud, of an unauthorized access device. This provision underscores that the mere act of using another person’s access device without authority, coupled with fraudulent intent, constitutes a punishable offense. Correspondingly, Section 10 thereof provides for the imposition of criminal liability, prescribing penalties of fine and imprisonment upon any person found guilty of committing access device fraud. The law further imposes more severe penalties where the offense involves substantial amounts or is committed habitually.

Applying the foregoing provisions to your situation, the unauthorized use of your credit card by your officemate, assuming it was done without your knowledge and consent and with intent to defraud, falls within the acts proscribed under Section 9 of RA 8484. Consequently, you may file a case for violation of the said law against your co-worker before the prosecutor’s office having jurisdiction over the place where the unauthorized use was committed.

In addition, you may likewise elevate the matter to the Human Resources Department or the appropriate administrative body in your workplace. Such act may constitute serious misconduct or fraud, which are valid grounds for the imposition of administrative sanctions.

Finally, you should immediately notify your bank or credit card issuer to block or suspend the compromised access device, initiate dispute proceedings for unauthorized transactions, and mitigate further potential losses. Such action will not only protect your interests, but also strengthen your position in any subsequent legal proceedings.

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]