Draft Protocol in Handling Cases for Viol of RA 8484

(Access Device Regulation Act of 1998)

JABRACCC Conference
PNP Main Conference Room, 3rd Floor NHQ
Bldg., Camp Crame, Quezon City

December 12, 2017

I. REFERENCES:

a. PNP ACG Administrative and Operational Annual dated

March 2014;
b. Police Operational Procedures dated March 2010;
c. DIDM Investigation Manual;
d. RA 7438 (An Act Defining Certain Rights of Person
Arrested, Detained or under Custodial Investigation as
well as the Duties of the Arresting, Detaining and
Investigating Officers and Providing Penalties for Violation
Thereof);
e. RA 10175 also known as “Cybercrime Prevention Act of
2012”; and
f. RA 8484 also known as “Access Device Act of 1998”.
g. E-Commerce Act of 2000
II. PURPOSE:

This SOP, sets forth the operational and

investigative guidelines and procedures to be adhered to
by the local police, BSMA and the PNP ACG to ensure
the proper investigation, treatment of evidence and
disposition of suspect/s arrested for ATM/Credit Card
Fraud in violation of RA 8484, otherwise known as the
Access Device Regulation Act of 1998.
III. SCOPE OF APPLICATION:

This covers the operations and investigation of the

local police, BSMA, the CIDG and the PNP prohibited acts
defined and penalized under RA 8484 otherwise known as
the Access Devices Regulation Act of 1998 falling under the
hereunder modus operandi, to ensure the successful arrest,
investigation and prosecution of suspects through proper
identification and handling of needed pieces of evidence
recovered or confiscated from the suspect:

a. Account Take-Over (ATO);

b. Card Fraudulently Applied for;
c. Possession and Use of Counterfeit Cards;
d. Possession and Use of Lost /Stolen Credit Card; and
e. Illegal Manufacturing of Credit Cards.
IV. POLICIES AND GUIDELINES:

The following policies and guidelines are hereby

promulgated and presented for guidance of the BSMA and
compliance of all territorial units concerned, the CIDG and the
PNP ACG::

BSMA:

• Upon discovery of the particular violations covered by herein

MO, bank personnel must immediately effect the arrest of
suspect/s if applicable;
• Upon arrest, restraint the suspect/s by any humanely means
available and secure all evidence in the possession of the
suspect/s or within the vicinity where the crime was committed
to prevent its contamination and/or destruction;
 Inform the local police to provide security to
both the BSMA personnel and the suspect/s
 Initiate the standard operating procedures on
arrest and the preservation of evidence
properly observing its chain of custody;
 Provide access to the bank premises and its
effects for investigation purposes; and
 Provide witness/es that in support to the filing
of appropriate charges against the suspect/s
and during court proceedings;
 Local Police:

• Local police shall ensure police presence within their area of

responsibilities and visitation of establishments and vital
installation to prevent commission of offense, particularly
violations of RA 8484;
• Local police shall immediately respond to any call for
assistance from BSMA who discovered the commission of a
crime and provide security to both the BSMA personnel and
suspect/s;
• Local police shall ensure the presence of investigators that
shall process the crime scene and ensure the preservation of
evidence in accordance to the to be provided guides in the
identification, collection, handling and preservation of digital
evidence;
• Investigators from the local police if necessary, through
ACG/CIDG Telephone Hotlines may coordinate to seek further
guidance on the appropriate steps and procedure to ensure
the proper processing of the crime scene and securing of
available evidence through the to be provided with ACG and
CIDG
 PNP ACG HOTLINE NUMBERS
ACG NHQ HOTLINE NO. 414-15-60
Tactical Opns Center – 0998598816

NORTHERN LUZON FILED UNIT

(AOR: PR01, PRO2, PR03, PROCAR)

Chief, NLFU: 09985988110

Chief, RACO 3: Tel. No. 09985988102
Pampanga: Camp Olivas, City of San Fernando
Tel. No.

 Chief, RACO 1:
La Union: Camp Florendo, San Fernando City
Tel. No. 09236048233

 Chief, RACO CAR:

Benguet: Camp Dangwa, La Trinidad, Benguet
Tel. No. 09987914105

 Chief, RCIDU2:
Camp Adduru, Tuguegarao City
Tel. No. 09987598013
• Investigator from local police, shall prepare and submit all requests
for examination of digital evidence to PNP ACG Digital Forensic
Laboratory;
• Investigator from the local police, shall prepare all necessary
documents that shall be needed for the filing of appropriate cases
against the suspect/s before the City Prosecutor’s Office in
accordance to the to be provided guides/steps in the investigation
of Modus Operandi of RA 8484 cases covered by this SOP; and
• Shall take custody and disposition of the suspect/s after the filing
of appropriate charges against them.
 PNP ACG:

• Shall provide assistance to BSMA and the local police in the

investigation of cybercrime-related crimes particularly RA 8484
cases by providing guides/steps in the investigation of Modus
Operandi of RA 8484 cases covered by this SOP;
• Shall provide guides in the procedures and steps to investigators
from local police in the identification, collection, handling and
preservation of digital evidence of RA 8484 cases covered by this
SOP;
• Shall provide technical assistance by examining digital evidence
submitted in relation to the investigation and provide expert
testimony in court;
• Shall deploy cybercrime-investigators to assist investigators of local
police, if necessary;
• Shall assist the investigator from local police in the preparation of
documents and presentation of evidence for filing of appropriate
cases;
• Shall take over the investigation if the case false under its mandate or the
investigation requires the cybercrime investigators technical expertise.
CIDG:

In areas where there is no Anti-Cybercrime Offices, the CIDG

shall provide assistance to BSMA and the local police in the
investigation of RA 8484 cases covered by this SOP by
undertaking the following:

• Providing guides in the procedures and steps to

investigators from local police in the identification,
collection, handling and preservation of digital evidence of
RA 8484 cases covered by this SOP;
• Assist the BSMA and the local police in the preparation of request
for the needed digital forensic examination of seized/confiscated
digital evidence to the PNP ACG;
• Assist the investigator from the local police in the preparation of
documents and presentation of evidence for the filing of
appropriate cases;
• Deploy investigators to assist the investigators of local police or to
take over the investigation if the case requires technical expertise
where only the CIDG can provide.
IV. PENAL CLAUSE:

Any violation of this SOP shall be dealt with

administratively as may be warranted by evidence. All Unit
Commanders shall be included in the investigation under the
principle of command responsibility. If evidence further warrants,
criminal complaints shall also be filed against those who may
have committed acts or omissions contrary to the Revised Penal
Code or any special penal laws.

V. REPEALING CLAUSE:

Any issuance, memoranda, rules and regulations

issued by the PNP inconsistent herewith are deemed repealed or
amended accordingly.

VI. EFFECTIVITY:

This SOP shall take effect upon approval immediately.

END OF PRESENTATION