When does One Commit Estafa?

By: Atty. Karissa Faye R. Tolentino

Estafa or swindling in general is committed when:

(1) the accused defrauded another (a) by abuse of confidence; or (b) by means of deceit;
and

(2) that damage or prejudice capable of pecuniary estimation is caused to the offended
party or third person. 
(Article 315, Revised Penal Code)

SPECIFIC Ways of Committing ESTAFA

I. WITH ABUSE OF CONFIDENCE

1. With unfaithfulness or abuse of confidence 315 par(1)(A-C)

a) Altering substance, quantity or quality of object subject of

obligation to deliver (315 par 1(a)) 


b) Misappropriation and Conversion (315 par.1(b)) 


c) Taking advantage of signature in blank (315 par .1(c)) 


II. BY MEANS OF DECEIT

2. By means of false pretenses or fraudulent acts;
 315 par(2)(A-E), BP22

a) Using fictitious name or false pretenses of power, influence... or

other similar deceits (315, par 2(a)) 


b) By altering the quality, fineness or weight of anything pertaining to

art or business (315 par 2(b)) 


c) By pretending to have bribed any government employee (315 par.

2(c)) 


d) By postdating a check or issuing a bouncing check (315 par 2(d))





e) By obtaining food, refreshment or accommodation w/ intent to

defraud through nonpayment (315 par 2(e)) 


3. Through fraudulent means 315 par(3)(A-C)

a) By inducing another , through deceit, to sign any document (315

par 3(a)) 

b) By resorting to some fraudulent practice to ensure success in a
gambling game (315 par.3(b)) 


c) By removing, concealing or destroying any court record, office files,

document or any other papers (315 par.3(c))