What is the difference between theft and estafa?

Answer

Both are crimes against property, but they differ in how the property is taken. Theft (Article 308) is taking another's property without consent and with intent to gain. Estafa (Article 315) is obtaining property or causing damage through deceit or abuse of confidence — the offender usually receives the property lawfully and then misappropriates it, or induces the transfer by fraud.

A common line: if the offender takes the thing without the owner's consent, it is theft; if the owner parts with it because of deceit or under a trust the offender then violates, it is estafa. The full report compares the two.

Sources & further reading

• RPC Art. 308 — theft
• RPC Art. 315 — estafa
• Full report: theft & qualified theft

Cases on this topic

• Analyn Bondame v. People
• Arlene Homol y Romorosa v. People
• Edwin del Rosario v. People
• El Pueblo de Filipinas v. Jose de la Cruz
• Fernando Pante y Rangasa v. People
• Jain v. People
• Janice Reside y Tan v. People
• Jomar Ablaza y Caparas v. People

Related questions

• What is theft under Philippine law?
• What is qualified theft, and how is it different from theft?
• What is the penalty for theft in the Philippines?
• What is the difference between theft and robbery?