Philippine Bar review · Question

Practice question: Swindling by Syndicate (PD 1689)

Multiple Choice Hard

Practice question

Five or more proven participants operate the covered fraudulent investment scheme. Only one accused is presently before the trial court; the others remain at large. The trial evidence proves the required collective scheme and this accused’s participation beyond reasonable doubt. Which claimed automatic defense fails?
  1. That the present accused cannot be convicted merely because the other accused have not all been arrested.
  2. That the State still must establish the accused’s actual participation.
  3. That the legally defined syndicate must be proved.
  4. That the predicate fraud must be established.
  5. That the covered funds and damage require proof.

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

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