Swindling a minor, A317 Revised Penal Code

1. Concept

Swindling a minor – under the Revised Penal Code, refers to the crime of committing fraud against a minor under the Revised Penal Code.

2. Mode of commission

The following is the mode of committing the offense:

1) By taking advantage of the inexperience, emotions, or feelings of a minor.

a. Taking advantage of the inexperience, emotions, or feelings of a minor

Elements of the crime of swindling a minor:

1) The offender takes advantage of the inexperience or emotions or feelings of a minor, to his detriment; and

2) The offender induces the minor to assume any obligation or to give any release or execute a transfer of any property right in consideration of some loan of money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form. (REVISED PENAL CODE, Article 317)

1) Element 1: Taking advantage of a minor

For the 1^st element, the offender takes advantage of the inexperience, emotions, feelings of a minor, to his detriment.

Minors are impressionable, i.e. they tend to easily believe what adults tell them. Thus, minors are susceptible to being misled or defrauded. The crime of swindling a minor under Article 317 RPC is a measure of protection for minors and a deterrence against adults who defraud minors.

2) Element 2: Inducement

For the 2^nd element, the offender induces the minor to assume any obligation or to give any release or execute a transfer of any property right in consideration of some loan of money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form.

a) Assume any obligation

The assumption of obligation may come in many forms, such as taking on/paying a debt, committing to deliver goods, or undertaking to perform certain acts.

b) Give any release

The minor may have some rights or interests, which could be the subject of release. For example, in a commodatum or loan for personal property, the minor have been the bailee/borrower who was granted a right to possess a valuable personal property by the bailor/lender.

The rights or interest may also include commitments, undertakings, or obligations that the offender or any third party owes to the minor.

In these cases, the offender induces the minor to release his/her rights or interests in certain properties or his/her rights arising from commitments, undertakings, or obligations in favor of the minor, whether or not in favor of the offender or a third party.

The release is in consideration of some loan of money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form.

c) Execute a transfer

The minor may have properties, as well as rights or interests to properties, which could be the subject of a transfer. For instance, the minor could be the owner of real properties or have rights to certain properties as an heir. In this case, the offender induces the minor to execute a transfer, whether or not in favor of the offender or a third party.

The transfer is in consideration of some loan of money, credit or other personal property, whether the loan clearly appears in the document or is shown in any other form.