Dear PAO,
X sold a property to my sister. That property is titled under the name of K. But X convinced my sister that he has lawful authority to transact the property, saying that he is a real estate agent who personally knows K. He even showed my sister a special power of attorney allegedly executed by K. Persuaded by X's representations, my sister paid in full. It is almost a year now, but X still has not given my sister her title. Because my sister was already sensing that X had swindled her, she tried to locate K. She was able to get in touch with K and to my sister's shock, K told her that she did not give X, or any other person, authority to sell her property.
My sister demanded X to return her money to which X made several promises to comply. But he failed to keep his promises. Infuriated, my sister now wants to file a case for estafa against X. What are the essential elements that my sister needs to prove? Is it possible for X to be absolved of criminal liability because, according to him, he only failed to return the money, so his only liability is civil in nature?
Geraldine
Dear Geraldine,
Article 315 of the Revised Penal Code of the Philippines, as amended by Republic Act 10951, penalizes a person who defrauds another by making false pretenses or fraudulent acts which thereby cause damage to the latter. The law particularly states:
“ART. 315. Swindling (estafa).— Any person who shall defraud another by any of the means mentioned hereinbelow x x x: x x x
“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. x x x”
As with all crimes punishable under our laws, all the elements comprising the crime of Estafa by means of deceit must be clearly and convincingly established in order for X to be held criminally liable. To be specific:
“x x x As laid down by jurisprudence, the elements of Estafa by means of deceit under Article 315, Paragraph 2(a) of the RPC are as follows:
“(1) That there must be a false pretense or fraudulent representation as to the offender's power, influence, qualifications, property, credit, agency, business, or imaginary transactions;
“(2) That such false pretense or fraudulent representation was made or executed prior to or simultaneously with the commission of the fraud;
“(3) That the offended party relied on the false pretense, fraudulent act, or fraudulent means and was induced to part with his money or property; and
“(4) That, as a result thereof, the offended party suffered damage.” (Luis T. Arriola vs. People of the Philippines, GR 199975, Feb. 24, 2020, Ponente: Associate Justice Ramon Paul Hernando)
While X made several promises to your sister, which he also failed to make good, such efforts will not excuse him from criminal liability if your sister is able to prove the aforementioned elements. Criminal liability attaches as soon as all the elements of the crime have been accomplished. As elucidated by our Supreme Court:
“Case law instructs that 'the gravamen of the [crime of Estafa] is the employment of fraud or deceit to the damage or prejudice of another.' x x x
“Return of the amount owed to Del Rosario will not cancel Arriola's criminal liability for Estafa. x x x
“The return by the accused of money belonging to the private complainant will not reverse a consummated act of Estafa. Quite the contrary, such action may even uphold a conviction. Section 27, Rule 130 of the Rules of Court states that in criminal cases, except those involving quasi-offenses or criminal negligence or those allowed by law to be compromised, an offer of compromise by the accused may be received in evidence as an implied admission of guilt. x x x” (Arriola vs. People, Id.)
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
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