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All Jurisprudence based

0 tracked cards Criminal Law

Four persons A, B, C, and D form a syndicate to defraud six victims by selling non-existent 'OptiYield Bonds' for a fictitious project named Summit Ridge Tech Park. They collect PHP 28,000,000 through bank deposits, issue receipts, and later divide the funds among themselves; the project never materializes. Victims demand refunds; the syndicate evades. They are charged with swindling by syndicate under P.D. No. 1689. Regarding their liability, which statement is correct?

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The liability extends only to those who personally received the funds; others who merely conspired but did not participate in the receipt are not liable. Each of A, B, C, and D is liable for swindling by syndicate as a principal, because participation in a syndicate makes all members answerable for the offense. Swindling by syndicate is a separate offense with its own penalty structure, distinct from ordinary estafa, and the penalty depends on the amount involved. Swindling by syndicate requires three or more conspirators; with four participants the offense exists, whereas with two participants the crime would be ordinary estafa.

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