6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly Article 315, paragraph 2(a) of the Revised Penal Code defines estafa as: Art. 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned hereinbelow x x x: xxxx 2. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud: (a) By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions; or by means of other similar deceits. The elements of estafa are: (a) that the accused defrauded another by abuse of confidence or by means of deceit, and (b) that damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.[56] Both elements are present in Criminal Case Nos. 98-77301, 98-77302, and 98-77303. Ochoa's deceit was evident in her false representation to private complainants Gubat, Cesar, and Agustin that she possessed the authority and capability to send said private complainants to Taiwan/Saudi Arabia for employment as early as one to two weeks from completion of the requirements, among which were the payment of placement fees and submission of a medical examination report. Ochoa promised that there were already existing job vacancies overseas for private complainants, even quoting the corresponding salaries. Ochoa carried on the deceit by receiving application documents from the private complainants, accompanying them to the clinic for medical examination, and/or making them go to the offices of certain recruitment/placement agencies to which Ochoa had actually no connection at all. Clearly deceived by Ochoa's words and actions, private complainants Gubat, Cesar, and Aquino were persuaded to hand over their money to Ochoa to pay for their placement and medical fees. Sadly, private complainants Gubat, Cesar, and Aquino were never able to leave for work abroad, nor recover their money. The penalty for estafa depends on the amount of defraudation. 315 of the Revised Penal Code: According to Article Art. 315. Swindling (estafa). - Any person who shall defraud another by any of the means mentioned hereinbelow shall be punished by: 1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/26427 17/23