Being a victim of deceit that results in financial or property loss can be one of the most uniquely devastating things an ordinary citizen can experience. This crime is known as estafa, and it covers a large range of acts such as scamming, deceitful representation, breaches of trust, and more. It’s important for more people outside the legal profession to understand the intricacies of estafa, especially as the offense continues to evolve and as bad actors get even better at swindling unaware individuals.
With better knowledge of this complex aspect of Philippine law, you’ll be better equipped to recognize the crime and, if you become a victim to it, take legal action with the help of a reputable law firm in the Philippines. Here’s everything your lawyer would want you to know about estafa:
The Definition of Estafa
Estafa, also known as swindling or fraud, is a criminal offense under Philippine law that refers to the act of unlawfully obtaining property, goods, or money through misrepresentation, abuse of confidence, or other deceitful practices. Its legal basis is defined in the Revised Penal Code, under Articles 315 to 318. Estafa that is committed online, such as internet scams, is also covered in the Cybercrime Prevention Act of 2012.
The Elements of Estafa
Under Article 315 of the Revised Penal Code, the following elements must be present in order to successfully prosecute a case of estafa:
- Deceit or fraudulent acts. The offender must have committed an act of intentional deceit, fraud, or misrepresentation to convince the victim to part with their money, property, or goods. Examples of this include but aren’t limited to making false promises, showing false documents, and other deceitful actions.
- Damage or prejudice to the victim. The victim must have suffered actual harm or loss because of the offense, such as financial loss or property damage.
- Intent. The offender must have shown intent to deceive the victim and gain an unlawful benefit from their actions. They must have also shown a deliberate and conscious effort to do so.
The Types of Estafa
According to Article 315 of the Revised Penal Code, estafa can be committed in various ways, each of which can fall into the following categories:
- Estafa by Unfaithfulness or Abuse of Confidence. These include the misappropriation of any property, goods, or funds entrusted to the offender; taking advantage of the victim’s signature in blank; or altering anything of value that the offender is obligated to deliver.
- Estafa by Means of Deceit or False Pretense. These include any forms of misrepresentation, such as using fictitious names or falsely pretending to possess power; knowingly issuing a check with insufficient funds; or deceiving the victim about the quality or quantity of a product.
- Estafa by Other Fraudulent Means. These include deceitfully inducing the victim into signing a document, practicing fraud to ensure success in a gambling game, or altering any court record, office file, document, or other papers. This also serves as a catch-all provision for any other deceitful action causing damage or prejudice not already mentioned.
The Penalty for Estafa
The penalty for estafa differs depending on the severity of the case. A penalty is decided upon after considering the significance of the loss done towards the victim and the presence of other aggravating factors, such as premeditation, abuse of authority, or the use of force.
- If the financial or property loss does not exceed PHP 200, the penalty for estafa is a fine ranging from PHP 200 to PHP 1,000, as well as imprisonment for a period of around one to two months.
- If the loss exceeds PHP 200 but does not exceed PHP 6,000, the offender is penalized with either a fine ranging from PHP 6,000 to PHP 12,000, or imprisonment for a period of four to fourteen years, or both.
- Finally, if the loss exceeds PHP 12,000, the penalty for estafa is either imprisonment for fourteen to twenty years, or a fine of PHP 12,000 to the amount of the fraud, or both.
The Distinction Between Estafa and Similar Offenses
While there are other offenses that involve unlawfully taking another party’s property, goods, or money, it’s important to recognize how these differ from estafa. Crimes that are similar yet do not fall under cases of estafa include:
- Theft, which is the offense of taking personal property or money from its rightful owner without said owner’s consent or knowledge. In contrast, offenders guilty of estafa take property through deceitful means by taking advantage of the victim’s prior consent or knowledge.
- Qualified theft, which is theft that was committed with grave abuse of confidence. An offender is guilty of qualified theft if they unlawfully take property or money from the victim without using fraudulent means, thereby differentiating the crime from estafa. An example of this crime is if an employee were to steal funds from their employer.
Protect Yourself from Estafa By Consulting a Reputable Law Firm
If you have been a victim of estafa, it’s crucial to act immediately. The first and most important step you should take is to enlist the services of an experienced lawyer from a reputable law firm. Your lawyer will help you file the complaint, gather evidence, and represent you during the trial so that you can get your rightful reparations.
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