What are the elements of estafa?

Answer

The elements depend on the mode of estafa charged, but the common core under Article 315 of the Revised Penal Code is: (1) the accused defrauded another by abuse of confidence or by deceit; and (2) damage or prejudice capable of pecuniary estimation was caused to the offended party or a third person.

For estafa by misappropriation, this includes receiving money or property in trust or under an obligation to return it, and then misappropriating or converting it. For estafa by deceit, the false pretense or fraudulent act must be made before or during the fraud and must be what induced the offended party to part with the property.

Sources & further reading

• Revised Penal Code Art. 315 — estafa / swindling
• Full report: estafa under Article 315