Notes on Estafa by Deceit

ESTAFA BY MEANS OF DECEIT

Elements — Estafa by means of deceit is committed when these elements
concur: (a) the accused used fictitious name or false pretense that he possesses
power, influence, qualifications, property, credit, agency, business or imaginary
transactions, or other similar deceits; (b) he used such deceitful means prior to
or simultaneous with the commission of the fraud; (c) the offended party relied
on such deceitful means to part with his money or property; and (d) the
offended party suffered damage; accused committed Estafa against the
complainants.  (People vs. Racho, G.R. No. 227505, Oct. 02, 2017)

—     The elements of estafa by means of deceit under Art. 315 (2)(a) of the RPC
are the following: (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.
(People vs. Mateo, G.R. No. 210612, Oct. 09, 2017)

          (People vs.  Sison, G.R. No. 187160, Aug. 09, 2017)

Fraud and deceit — Fraud, in its general sense, is deemed to comprise anything

calculated to deceive, including all acts, omissions, and concealment involving a
breach of legal or equitable duty, trust, or confidence justly reposed, resulting in
damage to another, or by which an undue and unconscientiously advantage is
taken of another; deceit is the false representation of a matter of fact, whether
by words or conduct, by false or misleading allegations, or by concealment of
that which should have been disclosed which deceives or is intended to deceive
another so that he shall act upon it to his legal injury. (People vs. Mateo, G.R.
No. 210612, Oct. 09, 2017)

Penalty  — Accused is found guilty of five (5) counts of Estafa; penalty,

discussed. (People vs. Racho, G.R. No. 227505, Oct. 02, 2017)

Republic Act 4566 or the Contractors’ License Law

RA 4566 or the Contractors License Law maintains that there will be no
contractors that will be allowed to conduct the business of contracting if
they haven’t secured first a PCAB License. There is an increasing
number of unlicensed construction professionals in the country who get
away with their shady operations. The biggest concern of the presence
of unlicensed contractors is that uncertainty of the quality of their
services. Moreover, this republic act requires engineers and architect to
stipulate a bidder’s PCAB license before they will consider the
implementation of their designs, plans, and specification of their work.
More importantly, Contractors License Law aims filter construction
services to only reliable and competent contractors. This will ultimately
lead to the safety of the public.