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.
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