Article 315 Estafa
Elements of estafa in general:
a.) Accused defrauded another by means of
deceit
b.) Damage or prejudice capable of pecuniary
estimation is caused to the offended party
Three subdivisions:
a.) With unfaithfulness or abuse of confidence
b.) By means of false pretenses or fraudulent
acts
c.) Through fraudulent means.
 Deceit not needed with abuse of confidence
as the money or property is voluntarily
entrusted to the person.
Elements of estafa with unfaithfulness
1. Offender has an onerous obligation to deliver
something of value
2. He alters substance, quantity, or quality
3. Damage or prejudice is caused to another
 Even though obligation be based on an
immoral or illegal consideration
 When no agreement as to the quality, the
delivery merely being unacceptable, is not
estafa.
Elements of estafa with abuse of confidence
1.) Money goods, or other personal property
received by the offender in trust for the duty
to deliver or return the same.
2.) There be misappropriation or conversion of
such money or property by another, or denial
that he received it.
3.) Misappropriation or conversion or denial is
to the prejudice of another
4.) Demand made by the offended party to the
offender.
 If offender takes property without the
consent of owner, crime may be theft and
not estafa.
 It is different to theft that in theft, the owner
expects an immediate return of the thing.
 Difference to malversation of funds: estafa is
about private things; malversation is about
public things.
Elements of estafa by taking undue advantage of the
signature of the offended party in blank
1.) The paper with the signature of the offended
party be blank.
2.) Offended party should have delivered it to
the offender
3.) Above signature of the offended party a
document is written by the offender without
authority to do so
4.) Document so written creates liability or
causes damage to the offended party.
Elements of estafa by deceit
1.) There must be a false pretense, fraudulent
act, or fraudulent means.
2.) Said three means must be made or executed
prior to or simultaneously with the
commission of the fraud.
3.) Offended party relied on the fraud, that is, he
was induced to party with his money or
property because of it.
4.) Offended party suffered damage.
 By using fictitious name
 By falsely pretending to possess: power,
influence, qualifications, property, credit,
agency, business, or imaginary transactions
 By means of other similar deceits.
Ways of Estafa by obtaining food or accommodation
at a hotel, etc.
1.) By obtaining food, accommodation, without
paying, with the intent to defraud
2.) Obtaining credit in said establishments by the
use of false pretenses
3.) Abandoning or removing part of his baggage
from any of said establishments after
obtaining credit without paying therefor.
Elements of estafa by inducing another
1.) Offender induced offended party to sign a
document
2.) Deceit be employed to make him sign the
document
3.) Offended party personally signed the
document
4.) Prejudice be caused