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Machinations in public auctions, Revised Penal Code

1. Concept

Article 185. Machinations in public auctions. - Any person who shall solicit any gift or promise as a consideration for refraining from taking part in any public auction, and any person who shall attempt to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with intent to cause the reduction of the price of the thing auctioned, shall suffer the penalty of prision correccional in its minimum period and a fine ranging from 10 to 50 per centum of the value of the thing auctioned. (Act No. 3815, Revised Penal Code)

2. Mode of commission

2 modes of committing the offense:

1) By soliciting any gift or promise as a consideration for refraining from taking part in any public auction; or

2) By attempting to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice.

a. By soliciting any gift or promise as a consideration for refraining from taking part in any public auction

Elements of the offense:

1) There is a public auction; and

2) The offender solicits any gift or promise as a consideration for refraining from taking part in any public auction.

b. By attempting to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice

Elements of the offense:

1) There is a public auction;

1) The offender attempts to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice; and

3) It is with i...

 



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