Naging emosyonal ang actor na si Ricardo Cepeda matapos ang 11 buwan sa kulungan. Nasangkot kasi ang aktor sa kasong syndicated estafa. Ano ba talaga ang ibig sabihin nito?
Alamin ‘yan kasama ang ating #KapusoSaBatas, Atty. Gaby Concepcion. Panoorin ang video.
Hosted by the country’s top anchors and hosts, 'Unang Hirit' is a weekday morning show that provides its viewers with a daily dose of news and practical feature stories. Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.
Alamin ‘yan kasama ang ating #KapusoSaBatas, Atty. Gaby Concepcion. Panoorin ang video.
Hosted by the country’s top anchors and hosts, 'Unang Hirit' is a weekday morning show that provides its viewers with a daily dose of news and practical feature stories. Watch it from Monday to Friday, 5:30 AM on GMA Network! Subscribe to youtube.com/gmapublicaffairs for our full episodes.
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00:00Let's talk about the law. We'll answer that.
00:09And our topic today, for sure you've heard of it, Estafa.
00:14This is how emotional the actor Ricardo Cepeda faced the public
00:19after being in prison for 11 months.
00:23The actor was involved in the case of syndicated estafa.
00:27We've always mentioned and heard of estafa.
00:30But what does it really mean?
00:34Well, ask me, ask Atty. Gabby.
00:39Atty., we've often heard that it's the defense of debtors
00:43who don't go to jail for their debts.
00:46Is this true?
00:48Well, actually, it's true.
00:50According to Section 20, Article 3 of the Constitution,
00:53no one shall be imprisoned for non-payment of a debt.
00:56Meaning, no one can go to jail for not paying their debts.
01:02What a waste.
01:03So, there's no jail, but what's the catch when it comes to paying debts?
01:07Well, it can only be paid in a civil case,
01:10which is called a collection of a sum of money
01:13and there's a possible case for damages.
01:16But if there's something to do with it,
01:20for example,
01:37under Article 315 of the Revised Penal Code
01:40or a law like BP 22 or the Bouncing Checks Law.
01:44If there's a jail, he'll be jailed
01:47not because of non-payment of a debt,
01:50but because of fraud involved.
01:53Atty., in the case of Ricardo Cepeda,
01:55he said that he's just an endorser or brand ambassador
01:59of the product that was included in the case.
02:01If he's just an endorser or promoting a product,
02:05can you really be involved in the case?
02:09Well, if I were to ask,
02:11unless he's actively involved in soliciting money and funds
02:16from the public,
02:17while he's using his reputation and stature as an artist,
02:22there might be a case.
02:24But if he's just a purely endorser
02:27and he doesn't have participation in soliciting money from the public,
02:30then maybe he shouldn't be involved.
02:33Under the law, more specifically,
02:36Presidential Decree 1689,
02:38there's a crime called syndicated estafa
02:41where the penalty is more severe than the ordinary estafa
02:44under Article 315 of the Revised Penal Code.
02:47At first, there was a fraud.
02:50It means that people were fooled,
02:52they were believed,
02:53they were convinced that there's a big return on their investment.
02:57But actually, they know that there's no serious basis or business here.
03:02That's why it became syndicated estafa
03:05because there were 5 people who were fooled.
03:08Second, the frauds and empty promises were made simultaneously with the fraud.
03:13It means that you were able to convince the victims
03:16because of the active misrepresentation,
03:19that's why the money was given.
03:21If there was no such fraud,
03:22these victims wouldn't have invested in them.
03:26And lastly, an element of syndicated estafa,
03:29soliciting money is from the general public.
03:32So, we don't know all the facts and what will happen here.
03:37But for me, if you ask me,
03:39if a person was only paid to smile,
03:43to get a picture,
03:45to be an endorser,
03:46but there's no active fraud and soliciting money from the public,
03:50maybe he shouldn't be involved in the case of syndicated estafa.
03:55But maybe, maybe because 5 people are needed,
03:58maybe he should be included to make the case more difficult.
04:03In any case,
04:04we will clarify the law we are discussing here
04:07for the peace of mind.
04:10Don't hesitate.
04:12Ask me.
04:13Ask Attorney Gato.