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Research Paper on Estafa

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INTRODUCTION

[1]Estafa also known as swindling is a crime committed by any person who shall defraud another by any of the means mentioned in the Revised Penal Code (RPC).

Article 315 of the Revised Penal Code of the Philippines enumerates the crime constituting estafa. Estafa is a criminal case that is punishable under the Revised Penal Code and is also classified as a crime against property under the same code.

As to its nature, Estafa is a crime which is mala in se. [2]Mala in se as defined as those so serious in their effects in the society as to call for almost unanimous condemnation of its member as distinguished to Mala prohibita which are crimes in violation of mere rules of convenience designed to secure a more orderly regulation of affairs of society.

The following constitute the crime of estafa:

[3]“1. With unfaithfulness or abuse of confidence, namely:

a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration.

b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property 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, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property.

(c) By 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 the offended party or of any third person.

2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the

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