Philippine Bar review · Question

Practice question: Swindling by Syndicate (PD 1689)

Multiple Choice Hard

Practice question

Investors lose money after a genuine enterprise fails. The evidence establishes no prior fraudulent representations inducing their investments. Investigators invoke Baladjay’s Ponzi discussion solely because losses were large. Which is correct?
  1. Every unsuccessful investment is automatically syndicated estafa.
  2. The deceit-based predicate requires its own proof; loss alone does not establish a fictitious investment operation.
  3. Large loss proves all prior representations false beyond reasonable doubt.
  4. Business failure alone proves an unlawful agreement among five people.
  5. The prosecution need not identify the predicate fraud.

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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