THE Department of Justice (DOJ) has ordered the filing of the first case under the controversial Cybercrime Prevention Act of 2012 in connection with a computer-related forgery.
The DOJ, through Las Piñas City Prosecutor Marylin Cynthia Luang, recommended two counts of data forgery against a certain Karla Martinez Ignacio, who supposedly made nine unauthorized transactions—two of which involved remittances transacted through her ATM card.
In the complaint, Serafin Agdagdag, Guam branch manager of the Philippine National Bank (PNB), said he found out that his user ID was used to transact the remittances.
“The evidence shows that the remittances of the subject amounts of money to the accounts of herein respondent are fraudulent transactions since they were not duly supported with deposits at PNB Guam Branch and they were transacted without the knowledge of Mr. Agdagdag, whose user ID and user name were used to process the said transactions. Said computer data were discovered three days after Mr. Agdagdag received the email from purported email address . . . ” the DOJ said.
Agdagdag reported the unauthorized transactions to the bank’s administration, which sought the help of the Philippine National Police.
Ignacio was arrested inside the premises of the PNB Almanza Branch in Las Piñas City (Metro Manila).
The crime of computer-related forgery under the cybercrime law covers the act of using computer data for making fraudulent plans or transactions.
“With regard to her [Ignacio’s] claim that she was not at the bank on May 22, 2014 to withdraw money but to be clarified about why her [monies]were reversed cannot prevail over the positive and categorical statement of the complainant. Such is also a matter of defense that should be proven during a full-blown trial,” the ruling said.