ESTAFA O SWINDLING CASE IN THE PHILIPPINES (MAY NAKUKULONG BA SA UTANG / SCAM?) #rpc #tagalog

UPDATE: R.A. No. 10951 DECRIMINALIZED THE FORMER ARTICLE 315 PAR 2(e)

By obtaining food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house or apartment house and the like without paying therefore, with intent to defraud the proprietor or management thereof, or by obtaining credit at a hotel, inn, restaurant, boarding house, lodging house or apartment house by the use of any false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant, boarding house, lodging house or apartment house after obtaining credit, food, refreshment or accommodation.

The crime of Estafa or Swindling is punishable by imprisonment for up to 20 years with the following elements below:

a) The accused defrauded another by;

- Abuse of Confidence / Unfaithfulness
- Deceit / False Pretense

b) There is a damage or prejudice capable of pecuniary estimation.

The main crime involving fraud in the Philippines is "swindling" (estafa), which is punishable under Article 315 of the Penal Code. This offence involves defrauding another through the means of (among others):

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).

Using a fictitious name, or falsely pretending to possess qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits / scams

LAW ON ESTAFA O SWINDLING ( FORMS OF DECEIT AND ABUSE OF CONFIDENCE ) Article 315 of the Revised Penal Code of the Philippines / Criminal Law #TAGALOG

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