Estafa

Question 1

What is swindling or Estafa?

Answer 1

It is a crime against property and it is committed using any fraudulent means. It is also
an abuse of confidence and there are many ways this crime is committed.

Question 2

Give one way to commit Estafa (Article 315 of the Revised Penal Code)?

Answer 2

• Misappropriating or converting to the prejudice of another, money, goods, or other
  personal property received by the offender in trust or commission, or for administration
  or under any other obligation involving the duty to deliver or return such money/
  goods/property.
• 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 another (forgery).
• By using fictitious names, by falsely pretending to possess power, influence,
  qualifications, property, credit, agency, business or imaginary transactions, or by means
  of other similar deceits.

Question 3

What is the penalty to any person who, for profit or gain, shall interpret dreams, make
forecasts, tell fortunes, or take advantage of the credulity of the public in any other similar
manner?

Answer 3

Will suffer the penalty of arresto menor or a fine not exceeding 200 pesos.

Question 4

What is the penalty to any person who, shall defraud or damage another by any other
deceits?

Answer 4

Shall suffer the penalty of arresto mayor and a fine of not less than the amount of the
damage caused and not more than twice such amount.

Question 5

Explain Article 317. (Swindling a Minor) and the penalty imposed

Answer 5

• Article 317. (Swindling a Minor) is when any person who, taking advantage of the
  inexperience or emotions or feelings of a minor, to his detriment, shall induce him to
  assume any obligation.
• The penalty of arresto mayor and a fine of a sum ranging from 10%-50% of the value of
  the obligation contracted by the minor.

Question 6

What does Article 315 Paragraph 2a mean?

Answer 6

In Estafa by means of deceit under Article 315(2)(a) of the RPC, the element of deceit
consisting of the false pretense or representation must be proven beyond reasonable
doubt.

Question 7

What does false pretense in Article 315 of the RPC mean?

Answer 7

False representations concerning past or present facts that are made with the intent to
defraud another.

Question 8

What is the difference between Art. 315 of RPC from BP22?

Answer 8

Estafa is a crime against property while a violation of B.P. 22 constitutes a crime against
public interest.

Question 9

It is when someone represents themselves as someone else or as someone who says
they can do things they cannot, with such fraud resulting in the victim suffering damages

Answer 9

Estafa or in legal term it is the criminal offense of swindling.

Question 10

Is there such a crime as Estafa through negligence?

Answer 10

There is no such thing as Estafa by negligence. Estafa requires that the accused receive
the profit or gain himself, by his own actions, and that his simple carelessness in
enabling someone to take advantage of or benefit from the entrusted chattel does not
constitute Estafa.

Question 11

What are the two basic indispensable elements of Estafa?

Answer 11

Fraud and injury are the two essential elements in every crime of Estafa

Question 12

What is damage in Estafa?

Answer 12

Damage, as an element of Estafa, might take the form of: (1) the offended person losing
money or property as a result of the defrauding; (2) a disruption in property rights; or
(3) temporary prejudice.