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Planholders whose children could not go to school because the returns of the hard-earned money that they invested in pre-need firms, and held in trust by such firms could not be given back to them, filed complaints of syndicated estafa against these firms, Pacific Plans Inc. And Legacy. The complaints were filed against the owners, since crimes is always personal of course, it cannot be filed against corporations. In this case, the complaints were filed against the Yuchengcos ( Alfonso Yuchengco Sr., Helen Yuchengco-Dee, Alfonso Yuchengco III, Yvonne Yuchengco and Pacific Plans president Alfredo Non.)of Pacific Plans and San Jose, Albay mayor Celso de los Angeles, former chair of Legacy Group.
Under a DOJ circular, a preliminary investigation must be resolved within 90 days from filing of the complaint.
Syndicated estafa is a capital offense, non-bailable, once arrest warrants are issued, the accused must file an application for bail to have bail hearings held but during bail hearings, he/she would be detained and could be released pending the main trial only if the evidence of guilt is not strong as determined in the bail hearings.
The following are the pertinent criminal provisions:
PRESIDENTIAL DECREE NO. 1689 – INCREASING THE PENALTY FOR CERTAIN FORMS OF SWINDLING OR ESTAFA
WHEREAS, there is an upsurge in the commission of swindling and other forms of frauds in rural banks, cooperatives, “samahang nayon (s)”, and farmers’ associations or corporations/associations operating on funds solicited from the general public;
WHEREAS, such defraudation or misappropriation of funds contributed by stockholders or members of such rural banks, cooperatives, “samahang nayon(s)”, or farmers’ associations, or of funds solicited by corporations/associations from the general public, erodes the confidence of the public in the banking and cooperative system, contravenes the public interest, and constitutes economic sabotage that threatens the stability of the nation;
Section 1. Any person or persons who shall commit estafa or other forms of swindling as defined in Article 315 and 316 of the Revised Penal Code, as amended, shall be punished by life imprisonment to death if the swindling (estafa) is committed by a syndicate consisting of five or more persons formed with the intention of carrying out the unlawful or illegal act, transaction, enterprise or scheme, and the defraudation results in the misappropriation of money contributed by stockholders, or members of rural banks, cooperative, “samahang nayon(s)”, or farmers association, or of funds solicited by corporations/associations from the general public.
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Art. 315. Swindling (estafa). — Any person who shall defraud another by any of the means
1. With unfaithfulness or abuse of confidence, namely:
(a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration.
(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property.chan robles virtual law library
(c) By taking undue advantage of the signature of the offended party in blank, and by writing any document above such signature in blank, to the prejudice of the offended party or of any third person.
2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits.
(b) By altering the quality, fineness or weight of anything pertaining to his art or business.
(c) By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. In this case, the offender shall be punished by the maximum period of the penalty.
(d) [By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)]
(e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house by the use of any false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or apartment house after obtaining credit, food, refreshment or accommodation therein without paying for his food, refreshment or accommodation.
3. Through any of the following fraudulent means:
(a) By inducing another, by means of deceit, to sign any document.
(b) By resorting to some fraudulent practice to insure success in a gambling game.
(c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers.
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