Presidential Decree No. 818 (PD 818) — 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
false pretenses or fraudulent acts as defined in paragraph 2(d) of
Article 315 of the Revised Penal Code, as amended by Republic Act No.
4885, shall be punished by:
1st. The penalty of reclusion temporal if the amount of the
fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if
such amount exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding one year for
each additional 10,000 pesos but the total penalty which may be imposed
shall in no case exceed thirty years. In such cases, and in connection
with the accessory penalties which may be imposed under the Revised
Penal Code, the penalty shall be termed reclusion perpetua:
2nd. The penalty of prision mayor in its maximum period,
if the amount of the fraud is over 6,000 pesos but does not exceed
12,000 pesos;
3rd. The penalty of prision mayor in its medium period, if
such amount is over 200 pesos but does not exceed 6,000 pesos; and,
4th. By prision mayor in its minimum period, if such amount
does not exceed 200 pesos.
SEC. 2. This decree shall take effect
immediately.
Done in the City of Manila, this 22nd day of October, in the
year of our Lord, nineteen hundred and seventy-five.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
ALEJANDRO MELCHOR
Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
