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Jurisprudence provides for the elements of Estafa under Article 315, paragraph 1
(b) of the Revised Penal Code which are as follows:
1. That money, goods or other personal properties are 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 to
return, the same;
2. That there is a misappropriation or conversion of such money or
property by the offender or denial on his part of such receipt;
3. That such misappropriation or conversion or denial is to the
prejudice of another; and
4. That there is a demand made by the offended party on the offender.
1
(emphasis provided)
In relation to the case at hand, it would be proper to understand the phrase
to the prejudice of another. The Supreme Court in several cases provided that the
above phrase should not be taken as prejudice to the owner of the property
misappropriated. In the case of First Producers Holdings Corporation vs. Luis Co 2
citing Hernandez v. Court of Appeals3, states,
xxx Ownership is not a necessary element of the crime of estafa x x x.
In estafa, the person prejudiced or the immediate victim of the fraud
need not be the owner of the goods. Thus, Article 315 of the Revised
Penal Code provides that Any person who shall defraud another (it
does not say owner) by any means mentioned is that the loss should
have fallen on someone other than the perpetrators of the crime xxxx
Further, in the case of People v. Yu Chai Ho 4, the Supreme Court depend its
interpretation of the above phrase from a ruling of the Spanish Supreme Court. The
Supreme Court speaking through Justice Ostrand said,
xxx The language of the paragraph is clear and requires no special
construction. As will be seen, the person whose interests are
prejudiced through the conversion or misappropriation of the money,
1 Andre L. D Aigle v. People, G.R. No. 17418, June 27, 2012 citing Cruzvale, Inc. v.
Eduque, G.R. Nos. 172785-86, June 18, 2009
2 G.R. No. 139655. July 27, 2000
3 G.R. No. 104874, December 14, 1993
4 G.R. No. L-29278, October 3, 1928
5 Emphasis Supplied