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Nevertheless, what is clear from RA 8484 is that “mere failure to pay credit card debts,” in the absence of fraud, will never give rise to any criminal liability on the part of any credit card holder.
Even assuming, just for the sake of discussion, that “mere failure to pay credit card debts” is among the prohibited acts constituting access device fraud, which, as discussed, are declared to be unlawful and, thus, punishable with a fine and imprisonment, still, it will be struck down as void and, as such, of no effect for being unconstitutional, it being in direct contravention of the constitutional prohibition against imprisonment for debts.
Under Section 20 of Article III (Bill of Rights) of the 1987 Constitution, it is explicitly provided that “no person shall be imprisoned for debts,” and, this, no doubt, includes, within its scope, credit card debts.
Please can some one explain this to me?
Even assuming, just for the sake of discussion, that “mere failure to pay credit card debts” is among the prohibited acts constituting access device fraud, which, as discussed, are declared to be unlawful and, thus, punishable with a fine and imprisonment, still, it will be struck down as void and, as such, of no effect for being unconstitutional, it being in direct contravention of the constitutional prohibition against imprisonment for debts.
Under Section 20 of Article III (Bill of Rights) of the 1987 Constitution, it is explicitly provided that “no person shall be imprisoned for debts,” and, this, no doubt, includes, within its scope, credit card debts.
Please can some one explain this to me?
