Amending Article 315 Of The Revised Penal Code By Increasing The Penalties For Estafa Committed By Means Of Bouncing Checks

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Amending Article 315 Of The Revised Penal Code By Increasing The Penalties For Estafa Committed By Means Of Bouncing Checks

Presidential Decree No. 818

October 22, 1975

Case Overview and Summary

PRESIDENTIAL DECREE No. 818

Amending Article 315 of the Revised Penal Code by Increasing the Penalties for Estafa Committed by Means of Bouncing Checks

• Rationale:
- To address the upsurge of estafa (swindling) cases committed by means of bouncing checks.
- To prevent erosion of public confidence in using negotiable instruments for commercial transactions.
- To curb the rise in estafa cases by increasing penalties.

• Penalties for Estafa by Bouncing Checks (Section 1):
- If amount defrauded exceeds ₱22,000: Reclusion temporal in its maximum period, plus 1 year for every additional ₱10,000, up to 30 years maximum (termed reclusion perpetua).
- If amount is over ₱12,000 but not exceeding ₱22,000: Reclusion temporal.
- If amount is over ₱6,000 but not exceeding ₱12,000: Prision mayor in its maximum period.
- If amount is over ₱200 but not exceeding ₱6,000: Prision mayor in its medium period.
- If amount does not exceed ₱200: Prision mayor in its maximum period.

• Effectivity (Section 2):
- This decree shall take effect immediately.

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Amending Article 315 Of The Revised Penal Code By Increasing The Penalties For Estafa Committed By Means Of Bouncing Checks

Presidential Decree No. 818

October 22, 1975

MALACAÑANGM a n i l a PRESIDENTIAL DECREE No. 818 October 22, 1975 AMENDING ARTICLE 315 OF THE REVISED PENAL CODE BY INCREASING THE PENALTIES FOR ESTAFA COMMITTED BY MEANS OF BOUNCING CHECKS WHEREAS, reports received of late indicate an upsurge of estafa (swindling) cases committed by means of bouncing checks; WHEREAS, if not checked at once, these criminal acts would erode the people's confidence in the use of negotiable instruments as a medium of commercial transaction and consequently result in the retardation of trade and commerce and the undermining of the banking system of the country; WHEREAS, it is vitally necessary to arrest and curb the rise in this kind of estafa cases by increasing the existing penalties provided therefor; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree as part of the law of the land the following amendment to Article 315 of the Revised Penal Code: Section 1. Any person who shall defraud another by means of...
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Amending Article 315 Of The Revised Penal Code By Increasing The Penalties For Estafa Committed By Means Of Bouncing Checks

Amends

n/a

Amended by

n/a

Tags

Executive Issuances

Presidential Decrees

estafa

swindling

bouncing checks

negotiable instruments

commercial transactions

penalties

reclusion temporal

reclusion perpetua

prision mayor

fraud amount

revised penal code

MALACAÑANGM a n i l a PRESIDENTIAL DECREE No. 818 October 22, 1975 AMENDING ARTICLE 315 OF THE REVISED PENAL CODE BY INCREASING THE PENALTIES FOR ESTAFA COMMITTED BY MEANS OF BOUNCING CHECKS WHEREAS, reports received of late indicate an upsurge of estafa (swindling) cases committed by means of bouncing checks; WHEREAS, if not checked at once, these criminal acts would erode the people's confidence in the use of negotiable instruments as a medium of commercial transaction and consequently result in the retardation of trade and commerce and the undermining of the banking system of the country; WHEREAS, it is vitally necessary to arrest and curb the rise in this kind of estafa cases by increasing the existing penalties provided therefor; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree as part of the law of the land the following amendment to Article 315 of the Revised Penal Code: Section 1. Any person who shall defraud another by means of...
Login to see full content

Amending Article 315 Of The Revised Penal Code By Increasing The Penalties For Estafa Committed By Means Of Bouncing Checks