Article315-332 Flashcards
Elements:
Accused defrauded another
With unfaithfulness or abuse of confidence
By means of false pretenses of fraudulent acts; or
Through fraudulent means
Damage or prejudice capable of pecuniary estimation is caused to the offended party of third person.
ARTICLE 315: SWINDLING (ESTAFA)
Altering the substance, quantity, or quality of 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.
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 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.
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 any third person.
Estafa By Means of False Pretenses or Fraudulent Acts
By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits.
By altering the quality, fineness or weight of anything pertaining to his art or business.
By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender.
By post-dating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check
Elements
The postdating or issuance of a check in payment of an obligation contracted at the time the check was issued;
Lack of sufficiency of funds to cover the check;
Damage to the payee
By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or apartment house and the like without paying thereof, or by obtaining credit hotel, inn, restaurant, boarding house, lodging house or apartment house, by the use of false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house, or apartment house after obtaining credit, food, refreshment or accommodation therein without paying his food, refreshment or accommodation.
Estafa Through Fraudulent Means
By inducing another, by means of deceit, to sign any document.
By resorting, concealing or destroying, in whole or in part, any court record, office files, document or any other papers.
Estafa With Unfaithfulness or Abuse of Confidence
•Accuse defrauded another
•With unfaithfulness or abuse of confidence
•By means of false pretendness of fraudulent act.
•Through fraudulent means (deceit)
•damage or prejudice capable of pecuniary estimation is caused to the offended party of third person.
Article 315 swindling (estafa)
•Accuse defrauded another
•With unfaithfulness or abuse of confidence
•By means of false pretendness of fraudulent act.
•Through fraudulent means (deceit)
•damage or prejudice capable of pecuniary estimation is caused to the offended party of third person.
Article 315 swindling (estafa)
Altering the substance quantity or quality of anything of value which the offender which the offender shall deliver by virtue of an obligation based on an emerald or illegal consideration.
Estafa with unfaithfulness or abuse of confidence (1)
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 return to the same even though such obligation be totally or partially guaranteed by a band or by denying having receives such money goods or other property
Estafa with unfaithfulness or abuse of confidence (2)
By taking undue advantage of the signature of the offended party in the blank and by writing any document above such signature in blank to be prejudice of the offended party or any third person.
Estafa with unfaithfulness or abuse of confidence
By using fictitious name, or falsely pretending to possess power, influence, qualification, property, credit, agency, business or imaginary transactions or by means of other similar deceit.
Estafa by means of false pretenses or fraudulent acts
By altering the quality finest or weight of anything pertaining to his art or business
Estafa by means of false pretenses or fraudulent acts
By pretending to have bribe any government employee without prejudice to the action for calumny which the offended party may deem proper to bring against the offender
Estafa by means of false pretenses or fraudulent acts
By post dating a check or is issuing a check in payment of an obligation when the offender had no funds in the bank or his funds deposited there in were not sufficient to cover the amount of the check
Estafa by means of false pretenses or fraudulent act
