What is the crime of estafa?
Estafa is the legal term for the criminal offense of swindling. It is when someone represents themselves as someone else or as someone who says they can do things they cannot, with such fraud resulting in the victim suffering damages.
What are the elements of estafa?
In general, the elements of estafa are: (1) that the accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and (2) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.
What is the punishment for estafa in the Philippines?
Syndicated estafa, however, is punishable by life imprisonment to death regardless of the value of the damage or prejudiced caused.
How do you prove estafa?
1. CRIMINAL LAW; ESTAFA; ELEMENTS IN GENERAL. — The elements of estafa in general are: (1) that the accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and (2) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.
What are the examples of estafa?
There are different ways of committing estafa under Article 315 of the Revised Penal Code (“RPC”). Estafa is committed a) with unfaithfulness or abuse of confidence; b) by means of false pretenses or fraudulent acts; and c) through fraudulent means.
Is there a minimum amount for estafa?
Depending on how it is committed, penalty for estafa may be, among others, minimum of aresto menor (imprisonment from one to thirty days) to a maximum of reclusion temporal (imprisonment from 12 years and one day to twenty years). However, when estafa is syndicated, the penalty become life imprisonment to death.
How do you qualify for the estafa case?
The elements of estafa in general are: (1) that the accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and (2) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.
What is Article 354 of the Revised Penal Code?
Under Article 354 of the Revised Penal Code, “every defamatory imputation is presumed to be malicious even if it be true, if no good intention and justifiable motive for making it is shown.” This means that once it is established that the imputation is defamatory, the one who made the imputation is presumed to have …
What is RA 9292 all about?
[REPUBLIC ACT NO. 9292] AN ACT PROVIDING FOR A MORE RESPONSIVE AND COMPREHENSIVE REGULATION FOR THE REGISTRATION, LICENSING AND PRACTICE OF PROFESSIONAL ELECTRONICS ENGINEERS, ELECTRONICS ENGINEERS AND ELECTRONICS TECHNICIANS, REPEALING REPUBLIC ACT NO.
What is Article 355 and 358 Revised Penal Code?
ART. 358. Slander. — Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos”.
What is Article 318 Revised Penal Code?
Article 318. Other Deceits. – The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding articles of this chapter.
What is the title for Section 31 of RA 9292?
— The Board shall adopt a Code of Ethics and the Code of Technical Standards of Practice for Electronics Engineers and Electronics Technicians, which shall be promulgated by the Accredited Professional Organization. SEC 31. Continuing Professional Education (CPE) and/or Development Programs.
What is the title of Section 41 of RA 9292?
Appropriations. – The Chairperson of the Professional Regulation Commission shall include in the Commission’s program the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act. Section 41. Separability Clause.