[Criminal Law II]: ADDITIONAL NOTES FOR LECTURE | Assignment 5 - Lecture!
Assignment 5 - Lecture!
TOPIC: Article 315 (1), RA 10883 + last week’s coverage
Title 10: Crimes Against Property
Chapter 6: Swindling And Other Deceits
Article 315. Swindling (estafa). - Any person who shall defraud another by any of the
means mentioned hereinbelow shall be punished by:
1st. The penalty of prision correccional in its maximum period to prision mayor in its
minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed
22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding one year for each additional
10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years.
In such cases, and in connection with the accessory penalties which may be imposed
under the provisions of this Code, the penalty shall be termed prision mayor or reclusion
temporal, as the case may be.
2nd. The penalty of prision correccional in its minimum and medium periods, if the
amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos;
3rd. The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period if such amount is over 200 pesos but does not exceed 6,000 pesos; and
4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos,
provided that in the four cases mentioned, the fraud be committed by any of the
following means:
1. With unfaithfulness or abuse of confidence, namely:
(a) By altering the substance, quantity, or quality or 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.
(b) By misappropriating or converting, to the prejudice of another, money, goods, or any
other personal property 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, even though such obligation be totally or partially guaranteed by a
bond; or by denying having received such money, goods, or other property.
(c) By taking undue advantage of the signature of the offended party in blank, and by
writing any document above such signature in blank, to the prejudice of the offended
party or of any third person.
Elements of Estafa in general:
1. That the accused defrauded another (a) by abuse of confidence, or (b) by means of
deceit
2. That damage or prejudice capable of pecuniary estimation is caused to the
offended party or third person
First element covers three ways of committing Estafa:
1. With unfaithfulness or abuse of confidence
2. By means of false pretenses or fraudulent acts
3. Through fraudulent means
NOTE: Deceit – not an essential requisite of Estafa with abuse of confidence
Second element – basis of the penalty
● It is necessary that the damage or prejudice be capable of pecuniary estimation –
basis of the penalty
● If there is no deceit, no abuse of confidence – no Estafa, just civil liability
● Element of damage may consist in
○ The offended party being deprived of his money or property, as result of
the defraudation
○ Disturbance in property rights
○ Temporary prejudice
● The crime of Estafa is not obliterated by acceptance of the offended property of a
promissory note
● The accused cannot be convicted of Estafa with abuse of confidence under an
information alleging Estafa by means of deceit
FIRST TYPE: WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE
ESTAFA WITH UNFAITHFULNESS
Elements:
1. That the offender has an onerous obligation to deliver something of value
2. That he alters its substance, quantity, or quality
3. That damage or prejudice is caused to another
Points to remember:
● “By virtue of an onerous obligation” – the delivery of anything of value must be by
virtue of an onerous obligation to do so
● Thus, if the thing delivered had not been fully or partially paid, there is no Estafa
since no damage is caused
● Altering the substance, quality, or quantity (examples)
○ Substance
■ Delivering molasses instead of the opium promised
○ Quantity
■ Delivering 98 instead of 100 shirts promised
○ Quality
■ Delivering poor class instead of the first class rice promised
● When there is no agreement as to the quality – the delivery of the thing not
acceptable to the complainant is not Estafa
● Even though such obligation be based on an immoral or illegal consideration - the
crime of Estafa may arise even if the thing to be delivered is not a subject of lawful
commerce, such as opium
[Criminal Law II]: ADDITIONAL NOTES FOR LECTURE | Assignment 5 - Lecture!
B. ESTAFA WITH ABUSE OF CONFIDENCE
Elements:
1. That 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
4. That there is a demand made by the offended party
5. Note: 4th element is not necessary when there is evidence of misappropriation of
the goods by the defendant
Points to remember:
● Check is included in the word “money”
● Money, goods, or other personal property must be received by the offender (if taken
without consent of the owner, the crime maybe theft, not Estafa)
● Must be received under certain kinds of transaction transferring judicial possession
to him – acquisition of both physical and juridical possession of the thing received
■ a. In trust
■ b. On commission
■ c. For administration
● “Juridical possession” – possession which gives the transferee a right over the thing
which the transferee may set up against the owner
○ § When the delivery of a chattel has not the effect of transferring the
juridical possession, or title, it is presumed that the possession of, and title
to, the thing so delivered remain in the owner
● Illustration
■ a. In trust – instead of returning something left in trust with
them, they appropriated it to their own use (e.g. failure to turn over
to the bank the proceeds of the sale of goods covered by trust
receipts)
■ b. On commission –
■ c. For administration – when appointed to the court to
administer the property of the deceased, offender
misappropriated the money for his personal benefit
● The phrase “or under any other obligation involving the duty to make delivery
of, or to return the same” includes quasi-­‐contracts and certain contracts of
bailment
○ In quasi contracts and contracts of bailment, juridical possession is passed
(they also require the return of the same thing received)
● Obligation to return or deliver the thing – must be CONTRACTUAL without
transferring to the accused the ownership of the thing received
● When ownership of the thing is transferred to the person who has received it, his
failure to return it will give rise to civil liability only
○ When transaction of purchase and sale fails – no Estafa if the accused
refused to return the advance payment
○ When the money or other personal property received by the accused is
not to be used for a particular purpose or to be returned – not Estafa
○ When the thing is received under a contract of sale on credit – no Estafa
○ Criminal liability for Estafa is not affected by novation of contract
■ However, novation of contract from one of agency to one of sale,
or to one of loan, relieves defendant from incipient criminal
liability under the first contract
2nd element of Estafa with abuse of confidence (three ways of committing)
1. Misappropriating the thing received
2. Converting the thing received
3. Denying that the thing was received
Estafa by misappropriation, conversion
● Estafa by misappropriation does not make any distinction between temporary and
permanent misappropriation – as long as there was misappropriation, there is
Estafa
● Conversion – presupposes that the thing has been devoted to a purpose or use
different from that agreed upon
● Example of Estafa by conversion – attempts to dispose of the property of another
without right
● Withholding application by agent of money received – must be judged on a
case-­‐to-­‐case basis (e.g. cannot be indicted for Estafa if there was good faith to
retain the money for the purpose of necessary protection)
● Right of agent to deduct commission from amounts collected
○ If authorized – no Estafa
○ Otherwise – Estafa
● Estafa by denying having received the thing
○ Example: A borrowed a ring from B. When B asked A to return it, the latter
denied having received it -­‐-­‐-­‐ Estafa
3rd element of Estafa with abuse of confidence – prejudice caused
● Gain for the offender is not necessary – Estafa may still be charged even if there was
no benefit
● “To the prejudice of another” – not necessarily of the owner of the property; it is
immaterial whether the loss was suffered by the owner or by a third person
● Partnership – liability of partners for Estafa
○ Partners are not liable for Estafa of money or property received for the
partnership when the business commenced and profits accrued
○ Failure of a partner to account for partnership funds may give rise to only a
civil obligation
■ Exception: if a partner misappropriated the share of another in
the profits – Estafa through misappropriation
■ Exception: when the money or property had been received for
a specific purpose and but was misappropriated -­‐ Estafa
○ A co-­‐owner is not liable for Estafa
■ Exception: he is liable if, after the termination of the co-­‐
ownership, he misappropriated the things which has become the
exclusive property of the other
[Criminal Law II]: ADDITIONAL NOTES FOR LECTURE | Assignment 5 - Lecture!
Committed by misappropriating, Committed by appropriating, taking or
4th element of Estafa with abuse of confidence – demand
converting, or denying misappropriating or consenting,
This is the only kind of Estafa wherein demand may be required
negligence
● Demand is not required by law – but it is NECESSARY because failure to account,
upon demand, is circumstantial evidence of misappropriation C. ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE OF THE OFFENDED
○ Presumption of misappropriation -­‐ arises when explanation of the accused PARTY IN BLANK
is absolutely devoid of merit
Elements:
Some principles in Estafa 1. That the paper with the signature of the offended party be in blank
● NO Estafa through negligence 2. That the offended party should have delivered it to the offender
● Gravity of the crime – determined on the basis of the amount not returned before 3. That above the signature of the offended party a document is written by the
the institution of the criminal action offender without authority to do so
4. That the document so written creates a liability of, or causes damage to, the
Theft vs. Estafa with Abuse of Confidence offended party or any third person
Note: the paper with the signature in blank must be delivered by the
offended party to the offended party (if stolen, crime is falsification)
Theft Estafa
ESTAFA BY MEANS OF DECEIT (Art. 315, Subdivisions 2 and 3)
Material possession Juridical possession
Elements:
Offender takes the thing Offender receives the thing 1. That there must be a false pretense, fraudulent act or fraudulent means
2. That such false pretense, fraudulent act or fraudulent means must be made or
executed prior or simultaneously with the commission of the fraud
The owner expects an immediate return The owner does not expect an
3. That the offended party must have relied on the false pretense, fraudulent act, or
immediate return – subject to
fraudulent means, that is, he was induced to part with his money or property
agreement
because of the false pretense, fraudulent act, or fraudulent means
4. That as a result thereof, the offended party suffered damage
● Exception – servant, domestic, or employee who misappropriates the thing he Note: there is no deceit if the complainant was aware of the fictitious
received from his master or employer is not guilty of Estafa (juridical possession nature of the pretense
remains in the owner) Note: Fraud must be proved with clear and positive evidence
● Selling the thing received to be pledged for the owner is theft, when the intent to
appropriate existed at the time when it was received REPUBLIC ACT No. 10883
New Anti-Carnapping Act of 2016
Estafa with Abuse of Confidence vs. Malversation
Section 3. Carnapping; Penalties. - Carnapping is the taking, with intent to gain, of a motor
vehicle belonging to another without the latter’s consent, or by means of violence against or
Estafa Malversation
intimidation of persons, or by using force upon things.

Offenders are entrusted with funds or property Any person who is found guilty of carnapping shall, regardless of the value of the motor
vehicle taken, be punished by imprisonment for not less than twenty (20) years and one (1)
Continuing offenses day but not more than thirty (30) years, when the carnapping is committed without violence
against or intimidation of persons, or force upon things; and by imprisonment for not less
Always private funds or property Usually public funds or property than thirty (30) years and one (1) day but not more than forty (40) years, when the carnapping
is committed by means of violence against or intimidation of persons, or force upon things;
and the penalty of life imprisonment shall be imposed when the owner, driver, or occupant of
Offender is a private individual or a public Offender is a public officer accountable
the carnapped motor vehicle is killed or raped in the commission of the carnapping.
officer not accountable for public funds or for public funds or property
property
[Criminal Law II]: ADDITIONAL NOTES FOR LECTURE | Assignment 5 - Lecture!
Any person charged with carnapping or when the crime of carnapping is committed by
criminal groups, gangs or syndicates or by means of violence or intimidation of any person or
persons or forced upon things; or when the owner, driver, passenger or occupant of the
carnapped vehicle is killed or raped in the course of the carnapping shall be denied bail when
the evidence of guilt is strong.

Section 4. Concealment of Carnapping. - Any person who conceals carnapping shall be

punished with imprisonment of six (6) years up to twelve (12) years and a fine equal to the
amount of the acquisition cost of the motor vehicle, motor vehicle engine, or any other part
involved in the violation; Provided, That if the person violating any provision of this Act is a
juridical person, the penalty herein provided shall be imposed on its president, secretary,
and/or members of the board of directors or any of its officers and employees who may have
directly participated in the violation.

Any public official or employee who directly commits the unlawful acts defined in this Act or
is guilty of gross negligence of duty or connives with or permits the commission of any of the
said unlawful acts shall, in addition to the penalty prescribed in the preceding paragraph, be
dismissed from the service, and his/her benefits forfeited and shall be permanently
disqualified from holding public office.