Practice question
An owner wrongfully takes machinery from a lessee entitled to possess it, prejudicing the lessee. All Article316 paragraph3 elements are established. Is ownership alone a complete defense?
- No; the provision protects lawful possession against the stated wrongful taking
- Yes; title always defeats lawful possession
- Yes; a lease eliminates all prejudice
- Yes; only land can be covered
- Yes; a lessee can never suffer prejudice
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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