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Chapter Six

This document discusses the law on estafa or swindling in the Philippines. It defines estafa as defrauding another through unfaithfulness, abuse of confidence, false pretenses, or fraudulent acts. Estafa can be committed through abuse of confidence or by deceit. For deceit-based estafa, damage or prejudice must be pecuniary in nature to determine the penalty. Estafa by abuse of confidence involves altering the substance, quality, or quantity of something delivered by obligation or misappropriating money, goods, or property received in trust, commission, or administration, causing prejudice to another. Key elements of estafa by abuse of confidence are an onerous obligation to deliver, alteration, and damage caused.

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74 views3 pages

Chapter Six

This document discusses the law on estafa or swindling in the Philippines. It defines estafa as defrauding another through unfaithfulness, abuse of confidence, false pretenses, or fraudulent acts. Estafa can be committed through abuse of confidence or by deceit. For deceit-based estafa, damage or prejudice must be pecuniary in nature to determine the penalty. Estafa by abuse of confidence involves altering the substance, quality, or quantity of something delivered by obligation or misappropriating money, goods, or property received in trust, commission, or administration, causing prejudice to another. Key elements of estafa by abuse of confidence are an onerous obligation to deliver, alteration, and damage caused.

Uploaded by

Charles Cornel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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CHAPTER SIX

THE LAW ON ESTAFA


ART. 315. SWINDLING (ESTAFA)
What is Estafa?
It is the act of defrauding another by means of:
a. With unfaithfulness OR abuse of confidence
b. By means of false pretenses OR fraudulent acts
c. Through fraudulent means.
Notes:
(1)The first is known as Estafa with abuse of confidence, while
the last two is committed by means of deceit.
(2)Deceit is not an essential element of estafa with abuse of
confidence.
(3)For the last two, it is necessary that damage and prejudice be
capable of pecuniary estimation, because the amount will
become the basis of penalty.
How is the first one committed?
1. Unfaithfulness or abuse of confidence:
(a) ALTERING the substance, quantity, or quality of ANYTHING
OF VALUE which the OFFENDER shall deliver by virtue of
an obligation to do so, even though such obligation is based
on an immoral or illegal consideration. (ESTAFA BY
ALTERING)

Elements:
Onerous obligation to deliver
Alteration
Damage or prejudice caused
Onerous Obligation: The thing delivered must be paid
either fully or partially. Otherwise the obligor will not be
held liable for estafa even if there is an alteration. Reason:
damage/prejudice.
Alteration (substance, quality, quantity) There must be
an agreement with regard to the substance, quantity, or
quality.
(b)By MISAPPROPRIATING or CONVERTING to the prejudice of
another, money, goods, or any other personal property
received by the offender in TRUST, or on COMMISSION, or
for ADMINISTRATION, or under any other obligation
involving the duty to make delivery of, or to return the
same, even though such obligation be totally or partially
guaranteed by a bond; or
DENYING having received
MISAPPROPRIATING)

such

MGP.

(ESTAFA

BY

Elements:
Receipt in TRUST, COMMISSION, or ADMINISTRATION
or under any obligation involving a duty to make delivery
of, or to return, the same;
Misappropriation or conversion, or denial of receipt;
Prejudice to another

Demand. (no need


misappropriation).

if

there

is

an

evidence

of

RECEIPT The MPG must be RECEIVED, not taken


away. Otherwise, the crime is THEFT. Receipt in trust
involves both Physical/material possession and Juridical
possession.

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