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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

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