In general, ang estafa ay krimen kung saan ang akusado ay gumamit ng panlilinlang para maisahan ang biktima, at magdulot ng materyal na pinsala dito.
Ibig sabihin, dahil sa panlolokong ginawa ay nawalan ng pera ang biktima.
Kung guilty sa Estafa, ang tagal ng parusang kulong ay naka-depende sa halaga ng perang nahuthut mula sa biktima.
Sa Article 315 ng Revised Penal Code, maraming nakalistang paraan para ma-commit ang krimen ng Estafa.
1) With unfaithfulness or abuse of confidence, namely:
- a) By altering the substance, quantity, or quality of 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 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 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 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.
- b)By altering the quality, fineness or weight of anything pertaining to his art or business.
- c)By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. In this case, the offender shall be punished by the maximum period of the penalty.
- d)By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack or insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act.”
3)Through any of the following fraudulent means:
- a) By inducing another, by means of deceit, to sign any document.
- b) By resorting to some fraudulent practice to insure success in a gambling game.
- c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers.”
Covered nito yung nagkukunwaring may business at kumukuha ng investment, pero sa totoo aangkinin lang ang pera.
Pasok rin rin kung may bibilhin ka tapos binigay sayo yung item dahil may cheke kang pambayad- pero alam mo namang walang laman ang bank account mo.
Puwede ring may binebenta ka kunwaring pure essential oil, pero sa totoo hinaluan mo ng baby oil.
Basta gumamit ng panloloko para makaisa sa iba at mawalan sila ng pera o value- malaming ang covered yan sa batas ng Estafa.