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One of the elements of estafa is that “The false pretense or fraudulent act must be committed prior to or simultaneously with the commission of the fraud.” If deceit was not present or occurred after the commission of the fraud, there is no estafa. Its absence is fatal to the prosecution of the case. 1958) iii) By means of other similar deceits b) Art.
19602-R, ) It might also consist in a fraudulent misrepresentation or contrivance by which one man deceives another who has no means of detecting the fraud to the injury of another. Babel, 10 CAR 133) There is no deceit if the complainant was aware if the fictitious nature of the pretense. What if the element of deceit was done AFTER the fraudulent act? Other differences between the two also include the following: (a) Damage and deceit are essential elements in Article 315 2(d) but they are not required in B.
That the two 2 checks were delivered by the accused to the complaining witness on October 15, at Laoag City; 5.
Any person who shall defraud another by means of false pretenses or fraudulent acts as defined in paragraph 2 d of Article of the Revised Penal Code, as amended by Republic Act No.
There was sufficient evidence established by the prosecution that the checks were issued by the accused to the complainant in exchange of the pieces of jewelry given to her on two separate occasions.
b) Juridical Possession – It is present when the possession of the personal property arises from a lawful causation, contract or agreement, express or implied, written or unwritten or by virtue of a provision of law. However, if the offender has been given Juridical Possession and Material Possession of the personal property and he misappropriates the same, he is liable for the crime of ESTAFA. However, there may be theft even if the accused has possession of the property. There must be a formal demand on the offender to comply with his obligation before he can be charged with estafa. The law does not require a demand as a condition precedent to the existence of the crime of embezzlement. A query as to the whereabouts of the money is tantamount to a demand. The appropriation or conversion of money received to the prejudice of the owner thereof [is] the sole essential [fact] which constitute the crime of [ Even if demand is not required by law, it is necessary to prove misappropriation. Otherwise if the check is issued in payment of a pre-existing obligation, no estafa is committed. Without my knowledge, my husband had emptied my account. You will not be charged for the crime of estafa since there is already a pre-existing obligation between you and your grocer, with the check as payment for the groceries he would be delivering to you.
There are two kinds of possession: a) Material Possession – The actual physical possession of personal property, where the possessor cannot claim a better right to such a property than that of its owner. If the offender has been given Material Possession of the personal property and he misappropriates the same, he is liable for the crime of THEFT. Aquino in his book on the Revised Penal Code, "The principal distinction between the two crimes is that in theft the thing is taken while in estafa the accused receives the property and converts it to his own use or benefit. What is the nature of Demand needed as element of Estafa? L-9811, 22 April 1957) The word "Demand" need not be used to show that demand had, indeed, been made upon the person charged with the offense. does not depend on the fact that a request for the return of the money is first made and refused in order that the author of the crime should comply with the obligation to return the sum misapplied. e) Art 315, 2 (e) i) By obtaining food, refreshment or accommodation at hotel, inn, restaurant, boarding house, lodging house or apartment house without paying thereof, with intent to defraud the proprietor or manager thereof; ii) By obtaining credit at any of the said establishments by the use of any false pretense; iii) By abandoning or surreptitiously removing any part of his baggage from any of the said establishment after obtaining credit, food, refreshment or accommodation therein, without paying thereof. Is mere issuance of a check with no funds, a crime of estafa? The issuance of the check by the offender prior or simultaneous with the transaction must be for the purpose of contracting the obligation. I issued a check to my grocer as advance payment for the groceries he would be delivering.
(b) A drawer of a dishonored check may be convicted under B. 22 even if he had issued the same for a pre-existing obligation, while under Article 315 2(d) of the Revised Penal Code, such circumstance negates criminal liability; (c) Specific and different penalties are imposed in each of the two offenses; (d) Estafa is essential a crime against property, while violation of B. 22 is principally a crime against public interest as it does injury to the entire banking system; (e) Violations of Article 315 are (Nierras v.