Question & AnswerQ&A (Commonwealth Act No. 157)
The main purpose of Commonwealth Act No. 157 is to amend Article 315, paragraph two, of the Revised Penal Code by adding subsection (e), which criminalizes obtaining food, accommodation, or credit at certain establishments without paying, with intent to defraud.
The establishments covered include hotels, inns, restaurants, boarding houses, lodging houses, apartment houses, and similar establishments.
The offense includes obtaining food, refreshment, or accommodation without payment and with intent to defraud; obtaining credit by false pretenses; and abandoning or surreptitiously removing baggage after obtaining credit, food, refreshment, or accommodation without paying.
The intent required is the intent to defraud the proprietor or manager of the establishment.
Yes, a person can be liable if they surreptitiously remove any part of their baggage from the establishment after obtaining credit, food, refreshment, or accommodation without paying.
Obtaining credit means being allowed to receive services, food, accommodation, or refreshment on the promise or agreement to pay later, without immediate payment.
Yes, obtaining credit by the use of any false pretense at the specified establishments is punishable under this amendment.
It took effect upon its approval on November 9, 1936.
The amendment expands the scope of Article 315 to explicitly include offenses related to the nonpayment or fraudulently obtaining food, accommodation, or credit in certain hospitality establishments, providing clearer legal grounds for prosecution.
No, the law specifically addresses scenarios where a person obtains services or goods without paying or promises to pay but intends to defraud the establishment.