ESTAFA

Article 315, paragraph 1 and 2

Danica Lou S. Flores

 General Elements of Estafa

A
1. Accused defrauded another by
abuse of confidence or by means of
deceit.

a. With unfaithfulness or abuse of

confidence;

b. By means of false pretenses or

fraudulent acts; or

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c. Through fraudulent means 2
 General Elements of Estafa

A
2. Damage or prejudice
capable of pecuniary
estimation is caused to
the offended party or
third person.
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MATERIAL POSSESSION vs. JURIDICAL POSSESSION
 Material Possession vs. Juridical Possession
MATERIAL POSSESSION JURIDICAL POSSESSION
Material possession means the actual Juridical possession contemplated
physical possession of the personal for the estafa refers to the delivery of
property, where the possessor does the thing to the offender in trust, or
not have a better right over such on commission, or for administration
property than the owner. or under any other circumstance
involving the duty to deliver or to
return the same thing received.

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THREE WAYS OF COMMITTING ESTAFA

1. With unfaithfulness or abuse of confidence;

2. By means of false pretenses or fraudulent acts; or
3. Through fraudulent means.
Elements of Estafa with Unfaithfulness or Abuse of
Confidence
Article 315 (1) of the Revised Penal Code
 Elements of Estafa with Unfaithfulness or
Abuse of confidence under Art. 315 (1)
a. By altering the substance
b. By misappropriation or conversion
c. By taking undue advantage of the
signature of the offended party in blank

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Elements of Estafa with Unfaithfulness or Abuse of confidence under Art. 315
(1)

a. By altering the substance

 Elements of Altering the Substance:

1. Offender has an onerous obligation to deliver something of

value;
2. He alters its substance, quantity, or quality; and
3. Damage or prejudice is caused to another.

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 PEOPLE OF THE PHILIPPINES VS. TOMAS MANANSALA, ET AL.,
G.R. No. L-38948, November 18, 1933

Ruling of the Court:

The crime committed by the appellants is that of estafa as defined in
article 315, paragraph 1 (a) of the Revised Penal Code, which provides
that any person who shall defraud another through unfaithfulness or
abuse of confidence by 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 be based on an
immoral or illegal consideration.

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Elements of Estafa with Unfaithfulness or Abuse of confidence under Art. 315
(1)

b. By misappropriation or conversion;
 Elements of Misappropriation or Conversion

1.Money, goods, or other personal property are 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;
2.Such money or property is misappropriated by the offender, or is denied being
received by him;
3.Such misappropriation or conversion or denial is to the prejudice of another;
and
4.There is a demand made by the offended party to the offender to account for
the property.

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 Theft vs. Estafa
THEFT
Theft is committed when the
offender has taken a personal
property of another, without the
owner’s consent. Such taking,
since it is unknown to the
owner, only gives the offender
material possession of the
property.
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ESTAFA
If the possession of the property
by the offender arouse from a
contract or an agreement, then
the possessor has juridical
possession of the property – a
right over the property, which
he can claim and set up even
against the owner.
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Qualified Theft vs. Estafa
 Estafa vs. Theft with abuse of confidence
ESTAFA
Offender receives the thing
from the offended party
In receiving the thing, the
offender acquires not only
material but also juridical
possession of the thing.
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THEFT WITH ABUSE OF
CONFIDENCE
Offender takes the thing from
the offended party
In receiving the thing, the
offender acquires only material
or transitory possession, while
the juridical possession remains
with the offended party.
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Elements of Estafa with Unfaithfulness or Abuse of confidence under Art. 315
(1)
c. By taking undue advantage of the signature of the offended party in blank
 Elements of taking undue advantage of
signature of the offended party in blank
1. The paper with the signature of the offended party is blank;
2. The offended party should have delivered it to offender;
3. Above the signature of the offended party in the otherwise blank paper, a
document is written by the offender without authority to do so; and
4. The document so written creates a liability of, or causes damage to, the offended
party or any third person.

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Elements of Estafa by means of False Pretenses or Fraudulent Acts

Article 315 (2) of the Revised Penal Code

 Elements of Estafa by means of False Pretenses or
Fraudulent Acts under Article 315 (2)

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.
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 ELEMENTS OF DECEIT
a. That there must be a false pretense or fraudulent representation as to the offender’s 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 means and was induced to
part with his money or property; and
d. That, as a result thereof, the offended party suffered damage.

Article 315, paragraph 2 (a) of the RPC

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 Elements of Estafa by means of False
Pretenses or Fraudulent Acts under Art. 315(2)
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.

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 Estafa by means of Deceit vs. Theft
ESTAFA BY MEANS OF
THEFT
DECEIT
Involves both material or Involves only material or
physical possession and physical possession
juridical possession
Always involves deceit May or may not involve
deceit
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 Elements of Estafa by means of False
Pretenses or Fraudulent Acts under Art. 315(2)
b. By altering the quality, fineness or
weight of anything pertaining to his
art or business.

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 Elements of Estafa by means of False Pretenses
or Fraudulent Acts under Art. 315(2)
c. By pretending to have bribed any
Government employee, without prejudice to
the action for calumny which the offended
party may deem proper to bring against the
offender.

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 Elements of Estafa by means of False Pretenses
or Fraudulent Acts under Art. 315(2)
d. By postdating a check, or issuing a
check in payment of an obligation when
the offender had no funds in the bank, or
his funds deposited therein were not
sufficient to cover the amount of the check.

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 Elements of Estafa by means of False Pretenses
or Fraudulent Acts under Art. 315(2)

e. By any of the following acts committed

at a hotel, inn, restaurant, boarding house,
lodging house, or apartment house

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