Other deceits, A318 Revised Penal Code

1. Concept Other deceits – refers to the crime of deceit other than those in the Articles 315 to 317 of the RPC. a. Legal basis Art. 318. Other deceits. – The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding articles of this Chapter. Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the credulity of the public in any other similar manner, shall suffer the penalty of arresto mayor or a fine not exceeding Forty thousand pesos (₱40,000). (As amended by R.A. 10951) (Revised Penal Code) 2. Mode of commission The following is the mode of committing the offense: 1) By committing false pretense, fraudulent act, or pretense other than those in the Articles 315 to 317 of the RPC. a. False pretense, fraudulent acts, etc. Elements of the crime other deceits: 1) False pretense, fraudulent act, or pretense other than those in the preceding articles; 2) Such false pretense, fraudulent act, or pretense must be made or executed prior to or simultaneously with the commission of the fraud; and 3) As a result, the offended party suffered damage or prejudice. (Marcos v. People, G.R. No. 252839, November 10, 2021, Per Carandang, J.) 1) Element 1: False pretense, etc. For the 1st element, the offender commits false pretense, fraudulent act, or prete...