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Estafa

The document outlines two common types of estafa: estafa by abuse of confidence and estafa by false pretenses. Estafa by abuse of confidence occurs when someone misappropriates property entrusted to them, while estafa by false pretenses involves misrepresentation that induces a victim to part with money or property. Specific examples illustrate each type, highlighting the elements and consequences of these fraudulent acts.

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Gerard Baltazar
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30 views3 pages

Estafa

The document outlines two common types of estafa: estafa by abuse of confidence and estafa by false pretenses. Estafa by abuse of confidence occurs when someone misappropriates property entrusted to them, while estafa by false pretenses involves misrepresentation that induces a victim to part with money or property. Specific examples illustrate each type, highlighting the elements and consequences of these fraudulent acts.

Uploaded by

Gerard Baltazar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Alright!

Let’s break down two of the most common types of estafa with
specific examples:

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1. Estafa by Abuse of Confidence

(Article 315, paragraph 1[b])

Elements:

The offender received money, goods, or property:

In trust, or

On commission, or

For administration, or

Under any other obligation involving the duty to deliver or return.

The offender misappropriated or converted the property for their own


benefit.

The act caused prejudice or damage to another person.


Example:

A friend entrusts you with P100,000 to buy a laptop on their behalf. Instead
of purchasing the laptop, you spend the money for personal use and refuse
to return it or give an accounting. That’s estafa by abuse of confidence.

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2. Estafa by False Pretenses

(Article 315, paragraph 2[a])

Elements:

A person misrepresented themselves (e.g., using a fake name, claiming to be


someone they are not, or pretending to have power or influence).

The misrepresentation was made before or at the time of the transaction.

The victim was induced to give money or property based on that


misrepresentation.

The victim suffered damage as a result.


Example:

Someone pretends to be a real estate agent and shows you fake documents
to sell a house they don’t own. You believe them, pay them P500,000 as a
down payment, and later find out the house was never for sale. That’s estafa
by false pretenses.

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Let me know if you want to go deeper into the penalties, defenses, or a case
study from the Supreme Court.

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