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All Jurisprudence based

0 tracked cards Criminal Law

Four persons P, Q, R, and S form a four-person syndicate to defraud six victims by selling non-existent 'Guaranteed Growth Certificates' tied to a fictitious development project called Aurora Prime City. They collect PHP 22,000,000 via bank deposits, issue receipts, and later divide the funds among themselves; the project never materializes. Victims demand refunds; the syndicate evades. They are charged with swindling by syndicate under P.D. No. 1689. Regarding their liability, which statement is correct? (a) Is P liable for swindling by syndicate? (b) Distinguish swindling by syndicate from ordinary estafa (RPC Art. 315). (c) If R is the leader and P and Q are the co-conspirators, discuss their liability under the syndicate doctrine.

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Yes; P is liable for swindling by syndicate; the four-person conspiracy to defraud six victims satisfies the 'syndicate' requirement; under the syndicate doctrine, all conspirators are principals and liable for the entire amount defrauded, regardless of each member’s level of participation; ordinary estafa under Art. 315 requires a single offender or lacks conspiracy. Swindling by syndicate cannot be charged unless there is a formal written agreement among conspirators; mere collusion or a plan to commit fraud is insufficient. If R is the leader, R would be liable for the entire loss as mastermind, while P and Q would be liable only for what they personally contributed; the syndicate doctrine does not automatically extend to all equal liability. Even if refunds are made before prosecution, the offense remains swindling by syndicate if deceit occurred; the refund does not automatically absolve liability.

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