6/9/2020
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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
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