Q. Swindling by Syndicate

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

Frequency: ★★☆☆☆

1. Crime

Swindling by a syndicate: Swindling (estafa) by syndicate is committed by a syndicate consisting of five or more persons formed with the intention of carrying out the unlawful or illegal act, transaction, enterprise or scheme, and the defraudation results in the misappropriation of money contributed by stockholders, or members of rural banks, cooperative, “samahang nayon(s)”, or farmers association, or of funds solicited by corporations/associations from the general public. (Section 1, P.D. 1689)

a. Higher penalty

Any person or persons who shall commit, by a syndicate, estafa or other forms of swindling as defined in Article 315 and 316 of the Revised Penal Code, as amended, shall be punished by life imprisonment to death (Ibid.)

When not a syndicate: When not committed by a syndicate as above defined, the penalty imposable shall be reclusion temporal to reclusion perpetua if the amount of the fraud exceeds 100,000 pesos. (Paragraph 2, Section 1, Ibid.)

Share:

WhatsApp
Telegram
Facebook
Twitter
Subjects

Political Law, Labor Law

Question 15, 2018 Labor Law Bar Exam

XV. (Question XV, Labor Law, 2018 Bar Exam) Nexturn Corporation employed Nini and Nono, whose tasks involved directing and supervising rank-and-file employees engaged in company

1. Mala in se and mala prohibita

Frequency: ★★★☆☆ Mala in se – refers to acts wrong in themselves. (Dungo v. People, G.R. No. 209464, 01 July 2015) Mala prohibita – refers

M. Quasi-offenses

Frequency: ★★★★★ 1. Imprudence and negligence a. Reckless imprudence RECKLESS IMPRUDENCE: Reckless imprudence consists in voluntary, but without malice, doing or falling to do an

C. Anti-Graft and Corrupt Practices Act

Frequency: ★★★★☆ “Government” – includes the national government, the local governments, the government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Republic

J. Crimes against chastity

Frequency: ★★★★★ COMMON PROVISIONS 1) Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness The crimes of adultery and concubinage

error: Content is protected.