Practice question
A person guarantees a court bond with real property. Before release from the bond obligation, he mortgages that property without the required express court authority. The prosecution proves the Article316 paragraph6 conditions. He argues only an outright sale can be covered. Which response follows?
- The paragraph expressly includes mortgage and other encumbrance
- Only an outright sale is listed
- Mortgages can never affect bond security
- A private promise replaces court authority
- The bond automatically ends upon mortgage
Legal references
- Revised Penal Code relevant substantive provisions: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html Article316, other forms of swindling.
- RA10951 current amended provisions: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html current monetary amendments; no obsolete fine amounts tested.
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