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All Jurisprudence based

0 tracked cards Criminal Law

Three persons A, B, and C form a three-person syndicate to defraud seven victims by offering non-existent 'LiraTech Certificates' for a fictitious project 'Lira Tech Park.' They collect funds through bank deposits, issue receipts, and later divide the proceeds 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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C, as leader, and A and B, as the co-conspirators, are all liable as principals in swindling by syndicate; the conspiracy doctrine makes each member liable for the entire offense. The presence of a "syndicate" is an essential element of the offense; Without a proven conspiracy, the act cannot be charged as swindling by syndicate; the acts would be charged as estafa. The offense carries the same penalty as ordinary estafa; PD 1689 does not impose any enhanced penalty for swindling by syndicate. Even if A and B withdrew from the plot before any money was collected, they would still be liable under the syndicate doctrine since their initial participation constituted conspiracy.

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