Period To Prisión Minimum Period Period To Prisión Minimum Period
Period To Prisión Minimum Period Period To Prisión Minimum Period
Period To Prisión Minimum Period Period To Prisión Minimum Period
II. II.
IV. IV.
Amount of Penalty / Amount of Penalty /
FRAUD Imprisonment FRAUD Imprisonment
does not exceed 200 arresto mayor in its Forty thousand arresto mayor in its
pesos medium and pesos (P40,000), medium and
maximum periods maximum periods
Provided that in the four cases mentioned, Provided that in the four cases mentioned,
the fraud be committed by any of the the fraud be committed by any of the
following means: following means:
1. With unfaithfulness or abuse of 1. With unfaithfulness or abuse of
confidence, namely: confidence, namely:
(a) By altering the substance, quantity, or (a) By altering the substance, quantity, or
quality of anything of value which the quality of anything of value which the
offender shall deliver by virtue of an offender shall deliver by virtue of an
obligation to do so, even though such obligation to do so, even though such
obligation be based on an immoral or illegal obligation be based on an immoral or illegal
consideration. consideration.
(b) By misappropriating or converting, to the (b) By misappropriating or converting, to the
prejudice of another, money, goods, or any prejudice of another, money, goods, or any
other personal property received by the other personal property received by the
offender in trust or on commission, or for offender in trust or on commission, or for
administration, or under any other administration, or under any other obligation
obligation involving the duty to make involving the duty to make delivery of or to
delivery of or to return the same, even return the same, even though such obligation
though such obligation be totally or partially be totally or partially guaranteed by a bond;
guaranteed by a bond; or by denying having or by denying having received such money,
received such money, goods, or other goods, or other property.
property. (c) By taking undue advantage of the
(c) By taking undue advantage of the signature of the offended party in blank, and
signature of the offended party in blank, and by writing any document above such
by writing any document above such signature in blank, to the prejudice of the
signature in blank, to the prejudice of the offended party or any third person.
offended party or any third person.
2. By means of any of the following false 2. By means of any of the following false
pretenses or fraudulent acts pretenses or fraudulent acts executed prior to
executed prior to or simultaneously with the or simultaneously with the commission of the
commission of the fraud: fraud:
(a) By using fictitious name, or falsely (a) By using fictitious name, or falsely
pretending to possess power, influence, pretending to possess power, influence,
qualifications, property, credit, agency, qualifications, property, credit, agency,
business or imaginary transactions, or by business or imaginary transactions, or by
means of other similar deceits. means of other similar deceits.
(b) By altering the quality, fineness or weight (b) By altering the quality, fineness or weight
of anything pertaining to his art or business. of anything pertaining to his art or business.
(c) By pretending to have bribed any (c) By pretending to have bribed any
Government employee, without prejudice to Government employee, without prejudice to
the action for calumny, which the offended the action for calumny, which the offended
party may deem proper to bring against the party may deem proper to bring against the
offender. In this case, the offender shall be offender. In this case, the offender shall be
punished by the maximum period of the punished by the maximum period of the
penalty. penalty.
(d) By post-dating a check, or issuing such (d) By post-dating a check, or issuing such
check in payment of an obligation, when the check in payment of an obligation, when the
offender had no funds in the bank, or his offender had no funds in the bank, or his
funds deposited therein were not sufficient funds deposited therein were not sufficient to
to cover the amount of the check. The failure cover the amount of the check. The failure of
of the drawer of the check to deposit the the drawer of the check to deposit the
amount necessary to cover his check within amount necessary to cover his check within
three (3) days from receipt of notice from the three (3) days from receipt of notice from the
bank and/or payee or holder that said check bank and/or payee or holder that said check
has been dishonored for lack or insufficiency has been dishonored for lack or insufficiency
of funds shall be prima facie evidence of of funds shall be prima facie evidence of
deceit constituting false pretense or deceit constituting false pretense or
fraudulent act. fraudulent act.
(e) By obtaining any food, refreshment Any person who shall defraud another
or accommodation at a hotel, inn, by means of false pretenses or
restaurant, boarding house, lodging fraudulent acts as defined in
house, or apartment house and the paragraph 2(d) hereof shall be
like without paying therefor, with punished by:
intent to defraud the proprietor or
manager thereof, or by obtaining 1st. The penalty of reclusin temporal
credit at a hotel, inn, restaurant, in its maximum, if the amount of fraud
boarding house, lodging house, or is over Four million four hundred
apartment house by the use of any thousand pesos (P4,400,000) but does
false pretense, or by abandoning or not exceed Eight million eight hundred
surreptitiously removing any part of thousand pesos (P8,800,000). If the
his baggage from a hotel, inn, amount exceeds the latter, the penalty
restaurant, boarding house, lodging shall be reclusin perpetua.
house, or apartment house after 2nd. The penalty of reclusin temporal
obtaining credit, food, refreshment, or in its minimum and medium periods,
accommodation therein without if the amount of fraud is over Two
paying for his food, refreshment, or million four hundred thousand
accommodation. (P2,400,000) but does not exceed
Four million for hundred thousand
pesos (P4,400,000).
3. Through any of the following fraudulent 3. Through any of the following fraudulent
means: means:
(a) By inducing another, by means of deceit, (a) By inducing another, by means of deceit,
to sign any document. to sign any document.
(b) By resorting to some fraudulent practice (b) By resorting to some fraudulent practice
to insure success in a gambling game. to insure success in a gambling game.
(c) By removing, concealing or destroying, in (c) By removing, concealing or destroying, in
whole or in part, any court record, office whole or in part, any court record, office files,
files, document or any other papers. document or any other papers.
Shall be imposed upon any The penalty of arresto mayor and a fine of The penalty of arresto mayor and a fine of
person who shall defraud or not less than the amount of the damage not less than the amount of the damage
damage another by any other caused and not more than twice such caused and not more than twice such
deceit not mentioned in the amount. amount.
preceding articles of this
Chapter.
Any person who, for profit or The penalty of arresto menor or a fine not The penalty of arresto mayor or a fine not
gain, shall interpret dreams, exceeding 200 pesos. exceeding Forty thousand pesos
make forecasts, tell fortunes, or (P40,000).
take advantage of the credulity
of the public in any other similar
manner, shall suffer: