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All Jurisprudence based

0 tracked cards Criminal Law

Four persons P, Q, R, and S form a syndicate to defraud five victims by selling non-existent 'LunaTech Investment Certificates' for a fictitious project called 'LunaTech Park.' They collect PHP 15,000,000 through bank deposits, issue receipts to victims, 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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A formal written agreement among conspirators is a necessary element to convict of swindling by syndicate. Conspiracy to commit swindling by syndicate may be inferred from the combined acts of the participants and need not rest on a formal written agreement. All four members P, Q, R, and S are liable for swindling by syndicate, because the conspiracy to defraud multiple victims makes each co-conspirator liable for the offense and for the acts committed in furtherance of the common plan. If one member joined after the deceit began, he is not liable as a co-conspirator.

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