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?
- That the present accused cannot be convicted merely because the other accused have not all been arrested.
- That the State still must establish the accused’s actual participation.
- That the legally defined syndicate must be proved.
- That the predicate fraud must be established.
- 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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