30/10/2018
WHAT IS 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.
5. What are the indispensable elements of estafa?
Estafa has two indispensable basic elements:
(a) Fraud; and
(b) Resulting damage or intent to cause damage capable of pecuniary estimation.
6. What is Fraud?
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 unconscientious advantage is taken of another. It is a generic term embracing all multifarious means which human ingenuity can device, and which are resorted to by one individual to secure an advantage over another by false suggestions or by suppression of truth and includes all surprise, trick, cunning, dissembling and any unfair way by which another is cheated. And 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 he shall act upon it to his legal injury. The false pretense or fraudulent act must be committed prior to or simultaneously with the commission of the fraud. (Alcantara v. Court of Appeals, 416 SCRA 418 (1998))
Deceit is a species of fraud. (Garcia v. People, G.R. No. 144785, 11 September 1985)
