Philippine Bar review · Question

Practice question: Swindling by Syndicate (PD 1689)

Multiple Choice Medium

Practice question

An organizer denies ever soliciting investments. Credited direct testimony establishes that the organizer hired recruiters and personally persuaded the victims to invest through proved fraudulent representations. Which approach follows Baladjay?
  1. A denial automatically defeats all contrary evidence.
  2. Recruiter-hiring evidence is categorically forbidden.
  3. Personal solicitation cannot be relevant to participation.
  4. A corporate title alone must replace evaluation of the testimony.
  5. Assess the positive participation evidence rather than treat bare denial as conclusive.

Legal references

  • People v. Baladjay, G.R. No. 220458, July 26, 2017, main decision, deceit, Ponzi operation and participation evidence under PD 1689: https://lawphil.net/judjuris/juri2017/jul2017/gr_220458_2017.html
  • PD 1689, Section 1, covered syndicated swindling: https://lawphil.net/statutes/presdecs/pd1980/pd_1689_1980.html

Answer this question in flashcards to review your response and continue practicing.