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ESTAFA

1. Define Estafa
Estafa is a criminal offense wherein a person defrauds another by the following means:
1) By UNFAITHFULNESS or ABUSE OF CONFIDENCE;
2) By DECEIT;
3) By FRAUDULENT MEANS/

Estafa is committed by a person who defrauds another causing him to suffer damage, by
means of unfaithfulness or abuse of confidence, or of false pretense or fraudulent acts.

2. Explain “Estafa through unfaithfulness or abuse of confidence.”


Estafa through unfaithfulness or abuse of confidence is done by:
(a) Altering quality, quantity and substance of subject matter of contract;
(b) Misappropriating or converting goods/property of another;
(c) Taking advantage of a signature in blank

3. Explain “Estafa through deceit or fraudulent acts.”


Estafa through deceit or fraudulent acts executed prior to or simultaneously with the
commission of the fraud is done by:
(a) Using fictitious name as means of deceit;
(b) Altering quality, fineness or weight of anything pertaining to art or business;
(c) By issuing unfunded checks or postdated checks;
(d) Availing of services of hotel, inn, restaurants etc. without paying therefor.

4. Explain “Estafa through fraudulent means.”


Estafa through fraudulent means is done by:
(a) Inducing another, by means of deceit, to sign any document;
(b) Resorting to some fraudulent practice to ensure success in a gambling game;
(c) Removing, concealing, or destroying, in whole or in part, any record, office files,
document and other papers.

In the case of ROSITA SY vs. PEOPLE OF THE PHILIPPINES, G.R. No. 183879, April 14,
2010 discussed the ways of committing the felony of estafa, thus:
" The sole issue for resolution is whether Sy should be held liable for estafa, penalized
under Article 315, paragraph 2(a) of the Revised Penal Code (RPC).
Swindling or estafa is punishable under Article 315 of the RPC. There are three ways of
committing estafa, viz.: (1) with unfaithfulness or abuse of confidence; (2) by means of
false pretenses or fraudulent acts; or (3) through fraudulent means. The three ways of
committing estafa may be reduced to two, i.e., (1) by means of abuse of confidence; or (2)
by means of deceit.
The elements of estafa in general are the following: (a) that an accused defrauded another
by abuse of confidence, or by means of deceit; and (b) that damage and prejudice capable
of pecuniary estimation is caused the offended party or third person.
The act complained of in the instant case is penalized under Article 315, paragraph 2(a) of
the RPC, wherein estafa is committed by any person who shall defraud another by false
pretenses or fraudulent acts executed prior to or simultaneously with the commission of
the fraud. It is committed by using fictitious name, or by pretending to possess power,
influence, qualifications, property, credit, agency, business or imaginary transactions, or
by means of other similar deceits.
The elements of estafa by means of deceit are the following, viz.: (a) that there must be a
false pretense or fraudulent representation as to his power, influence, qualifications,
property, credit, agency, business or imaginary transactions; (b) that such false pretense
or fraudulent representation was made or executed prior to or simultaneously with the
commission of the fraud; (c) that the offended party relied on the false pretense,
fraudulent act, or fraudulent means and was induced to part with his money or property;
and (d) that, as a result thereof, the offended party suffered damage."

QUALIFIED THEFT
The elements of the crime of theft as provided for in Article 3089 of the Revised Penal
Code are as follows:
(1) that there be taking of personal property;
(2) that said property belongs to another;
(3) that the taking be done with intent to gain;
(4) that the taking be done without the consent of the owner; and
(5) that the taking be accomplished without the use of violence against or intimidation of
persons or force upon things.

Theft becomes qualified when any of the following circumstances under Article 310 is
present: (1) the theft is committed by a domestic servant;
(2) the theft is committed with grave abuse of confidence;
(3) the property stolen is either a motor vehicle, mail matter or large cattle;
(4) the property stolen consists of coconuts taken from the premises of a plantation;
(5) the property stolen is fish taken from a fishpond or fishery; and
(6) the property was taken on the occasion of fire, earthquake, typhoon, volcanic eruption,
or any other calamity, vehicular accident or civil disturbance.