The document discusses Article 315 of the Revised Penal Code which defines the crime of estafa by false pretenses. It states that estafa involves (1) a false pretense, fraudulent act or means, (2) done prior to or simultaneously with committing the fraud, (3) which induces the victim to part with their money or property, and (4) causes damage to the victim. It also notes that under the Cybercrime Prevention Act of 2012, any crime in the Revised Penal Code or special laws that is committed using information and communications technologies will be penalized under the provisions of that Act, with the penalty one degree higher than normally prescribed.
The document discusses Article 315 of the Revised Penal Code which defines the crime of estafa by false pretenses. It states that estafa involves (1) a false pretense, fraudulent act or means, (2) done prior to or simultaneously with committing the fraud, (3) which induces the victim to part with their money or property, and (4) causes damage to the victim. It also notes that under the Cybercrime Prevention Act of 2012, any crime in the Revised Penal Code or special laws that is committed using information and communications technologies will be penalized under the provisions of that Act, with the penalty one degree higher than normally prescribed.
The document discusses Article 315 of the Revised Penal Code which defines the crime of estafa by false pretenses. It states that estafa involves (1) a false pretense, fraudulent act or means, (2) done prior to or simultaneously with committing the fraud, (3) which induces the victim to part with their money or property, and (4) causes damage to the victim. It also notes that under the Cybercrime Prevention Act of 2012, any crime in the Revised Penal Code or special laws that is committed using information and communications technologies will be penalized under the provisions of that Act, with the penalty one degree higher than normally prescribed.
By means of any of the following false pretenses or
fraudulent acts executed prior to or simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits.chanrobles vir The elements of the crime of estafa, are:
1) there must be a false pretense, fraudulent act or
fraudulent means;
2) such false pretense, fraudulent act or fraudulent means must
be made or executed prior to or simultaneously with the commission of the fraud;
3) the offended party must have relied on the false pretense,
fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means; and
4) as a result thereof, the offended party suffered damage
RA 10175 ( CYBERCRIME PREVENTION ACT OF 2012)
SEC. 6. All crimes defined and penalized by the Revised Penal
Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.