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That There Be Misappropriation or Conversion of Such Money or Property by The Offender, or Denial On His Part of Such Receipt

This document summarizes the elements of the crime of estafa with abuse of confidence under Article 315 1(b) of the RPC. It lists the elements as: 1) money, goods or property being received in trust or for administration, 2) misappropriation or conversion of the property by the offender or denial of receiving it, 3) the misappropriation or conversion prejudices another, and 4) a demand is made by the offended party. It also discusses that juridical possession is acquired by the transferee of a thing when certain circumstances are met, and that the essence of this crime is the appropriation or conversion of money or property received to the prejudice of the entity it should be returned to.

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61 views1 page

That There Be Misappropriation or Conversion of Such Money or Property by The Offender, or Denial On His Part of Such Receipt

This document summarizes the elements of the crime of estafa with abuse of confidence under Article 315 1(b) of the RPC. It lists the elements as: 1) money, goods or property being received in trust or for administration, 2) misappropriation or conversion of the property by the offender or denial of receiving it, 3) the misappropriation or conversion prejudices another, and 4) a demand is made by the offended party. It also discusses that juridical possession is acquired by the transferee of a thing when certain circumstances are met, and that the essence of this crime is the appropriation or conversion of money or property received to the prejudice of the entity it should be returned to.

Uploaded by

lawblockb
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The elements of estafa with abuse of confidence under Art.

315 1(b)
are:

1. That the money, goods or other personal property be 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. That there be misappropriation or conversion of such money or
property by the offender, or denial on his part of such receipt;
3. That such misappropriation or conversion or denial is to the
prejudice of another; and
4. That there is a demand made by the offended party to the offender.

[ G.R. No. 192925, December 09, 2016 ]


JOSE RIZAL L. REMO, V. THE HONORABLE SECRETARY OF
JUSTICE AGNES VST DEVANADERA

Juridical possession is the type of possession that is acquired by the


transferee of a thing when he receives the same under the
circumstances mentioned in Article 315(1)(b) of the RPC.[62] When
juridical possession is acquired, the transferee obtains such right
over the thing that he can set up even against its owner.[63] This is
what petitioners lack.

Pamintuan v. People, G.R. No. 172820, June 23, 2010

The essence of this kind of estafais the appropriation or conversion


of money or property received to the prejudice of the entity to whom
a return should be made. The words "convert" and "misappropriate"
connote the act of using or disposing of another’s property as if it
were one’s own, or of devoting it to a purpose or use different from
that agreed upon. Tomisappropriate for one’s own use includes not
only conversion to one’s personal advantage, but also every attempt
to dispose of the property of another without right. In proving the
element of conversion or misappropriation, a legal presumption of
misappropriation arises when the accused fails to deliver the
proceeds of the sale or to return the items to besold and fails to give
an account of their whereabouts.39

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