Practice question
Assume the accused's relationship to the property owner would qualify under Article 332 for simple estafa. The accused instead falsifies a public document as a necessary means of committing estafa, and the complex crime is adequately charged and proved. Under Carungcong, may the accused automatically invoke the simple-estafa family exemption against that complex crime?
- Yes, because the presence of estafa always exempts the entire complex offense.
- No; the complex offense includes public-document falsification and falls outside that simple-property exemption.
- Yes, because public-document falsification affects only the family.
- Yes, if no stranger receives the proceeds.
- No, because Article 332 has been repealed in its entirety.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 19, 20 and 332.
- Intestate Estate of Manolita Gonzales Vda. de Carungcong v People, G.R. No. 181409, February 11, 2010, main decision, necessary means and falsification-estafa: https://lawphil.net/judjuris/juri2010/feb2010/gr_181409_2010.html
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