QuestionsQuestions (Commonwealth Act No. 157)
It amends Article 315, paragraph two, of the Revised Penal Code by adding a new subsection (e).
It expands the crime of estafa to include obtaining food, refreshment, or accommodation (or credit for them) from lodging establishments without paying, through intent to defraud, false pretenses, or surreptitious removal/abandonment after obtaining credit or accommodation.
By obtaining any food, refreshment, or accommodation at a hotel, inn, restaurant, boarding house, lodging house, apartment house, and the like, without paying therefor, with intent to defraud the proprietor or manager.
Intent to defraud the proprietor or manager.
By obtaining credit at a hotel, inn, restaurant, boarding house, lodging house, or apartment house by the use of any false pretense.
The false pretense is the means used to obtain credit.
By abandoning or surreptitiously removing any part of his baggage from the establishment after obtaining credit, food, refreshment, or accommodation therein without paying.
Abandoning or surreptitiously removing any part of his baggage after obtaining credit, food, refreshment, or accommodation without paying.
The text expressly requires obtaining such items 'without paying therefor'; liability hinges on nonpayment coupled with intent to defraud.
Hotels, inns, restaurants, boarding houses, lodging houses, apartment houses, and the like.
It indicates that the list is not exclusive; similar lodging/food/accommodation establishments are included.
The first focuses on obtaining food/accommodation without paying with intent to defraud; the second focuses on obtaining credit through false pretense.
The credit clause involves obtaining credit through false pretense, while the baggage clause involves abandoning or surreptitiously removing baggage after obtaining credit or accommodation without paying.
Upon its approval.
It indicates the Act was enacted without the Executive’s approval on that date, yet it still became law as stated.