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All Jurisprudence based

0 tracked cards Criminal Law

Four persons A, B, C, D form a four-person syndicate to defraud five victims by selling non-existent 'NovaGrow Certificates' for a fictitious Riviera Heights Eco-Development. They collect PHP 12,000,000 via 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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All four members are liable for swindling by syndicate because three or more persons acting in concert to defraud constitute a syndicate, and the 'syndicate doctrine' makes each conspirator responsible for the offense and its penalty. The presence of the word 'syndicate' in the charge requires a formal agreement among the participants; if there is no written contract, the charge cannot stand. Only the designated leader is liable for swindling by syndicate; the other co-conspirators may be charged only with ordinary estafa or as accessories. A member who withdraws before any deceit occurs cannot be liable for swindling by syndicate; liability depends on active participation in the plan; mere membership is insufficient.

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