Practice question
An owner executes a sham sale to prejudice a creditor. The prosecution proves the fictitious contract and required prejudice. The accused says Article316 applies only to persons pretending to own someone else’s land. Which is correct?
- Paragraph4 independently addresses a fictitious contract to another’s prejudice
- Every paragraph requires false land ownership
- A genuine owner cannot execute a sham contract
- Only cash theft is covered
- A sham contract is automatically immune
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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