How could you

swindle those good SWINDLING You can’t swindle

people who don’t
people who trusted and Other Deceits trust you.
you?
 Difference between
SWINDLING (ESTAFA) Estafa and Theft
a.) The accused defrauded another by:
Abuse of Confidence / unfaithfulness
Deceit / False Pretense
b.) There is a damage or prejudice capable JURIDICAL SWINDLING /
of pecuniary estimation POSSESSION
ESTAFA
IMPRISONMENT UP TO 20
YEARS
(Taken with intent to
THEFT /
gain- physical
possessions)
QUALIFIED
THEFT
 ESTAFA
“The return of money and reparation of
the damages will not negate the crime of
estafa for it is a public offense committed
against the People of the Philippines
which must be prosecuted by the
Government on its own motion.”
 1st.
The penalty of prisión correccional in its maximum
ARTICLE 315 period to prisión mayor in its minimum period, if
the amount of the fraud is over 12,000 pesos but
Swindling (Estafa) 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,
- Any person who shall defraud adding one year for each additional 10,000 pesos;
another by any means mentioned but the total penalty which may be imposed shall
not exceed twenty years. In such cases, and in
herein below shall connection with the accessory penalties which may
be punished by: be imposed and for the purpose of the other
provisions of this Code, the penalty shall be termed
prisión mayor or reclusión temporal, as the case
may be.
 1st.
PRISION CORRECCIONAL in its The penalty of prisión correccional in its
MAXIMUM PERIOD to PRISION maximum period to prisión mayor in its minimum
period, if the amount of the fraud is over 12,000
MAYOR in its MINIMUM PERIOD 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
Minimum: 4 years, 2 months and 1 day to additional 10,000 pesos; but the total penalty which
5 years, 5 months and 10 days may be imposed shall not exceed twenty years. In
Medium: 5 years, 5 months and 11 days to such cases, and in connection with the accessory
6 years, 8 months and 20 days penalties which may be imposed and for the
purpose of the other provisions of this Code, the
Maximum: 6 years, 8 months and 21 days penalty shall be termed prisión mayor or reclusión
to 8 years temporal, as the case may be.
 1st.
The penalty of prisión correccional in its maximum
period to prisión 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
RECLUSION TEMPORAL paragraph shall be imposed in its maximum period,
adding one year for each additional 10,000 pesos;
Minimum: 12 years, and 1 day to 14 years but the total penalty which may be imposed shall
and 8 months not exceed twenty years. In such cases, and in
Medium: 14 years, 8 months and 1 day to connection with the accessory penalties which may
17 years and 4 months be imposed and for the purpose of the other
provisions of this Code, the penalty shall be termed
Maximum: 17 years, 4 months and 1 day to prisión mayor or reclusión temporal, as the case
20 years may be.
2nd. 4th.
The penalty of prisión correccional in its
minimum and medium periods, if the By arresto mayor in its
amount of the fraud is over 6,000 pesos medium and maximum
but does not exceed 12,000 pesos. periods, if such amount does
3rd. not exceed 200 pesos,
The penalty of arresto mayor in its provided that in the four cases
maximum period to prisión correccional mentioned, the fraud be
in its minimum period, if such amount is
over 200 pesos but does not exceed committed by any of the
6,000 pesos; and following means:
 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.
 1. With unfaithfulness or abuse of confidence namely:
(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 or partially guaranteed by a
bond; or by denying having received such money, goods, or other property.
 1. With unfaithfulness or abuse of confidence namely:
(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.
2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:

(b) By altering the quality, fineness or weight of anything pertaining

to his art or business.
2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:

(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.
2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:

(d) By post-dating a check, or issuing such check in payment of an obligation, the offender
knowing that at the time he had no funds in the bank, or the funds deposited by him in the bank
were not sufficient to cover the amount of the check, and without informing the payee of such
circumstances.
 3. Through any of the following fraudulent means:
(a) By inducing another, by means of deceit, to sign any document.
 3. Through any of the following fraudulent means:
(b) By resorting to some fraudulent practice to insure success in a
gambling game.
 3. Through any of the following fraudulent means:
(c) By removing, concealing or destroying, in whole or in part, any
court record, office files, document or any other papers.
ARTICLE 316. Other Forms of
Swindling.

The penalty of arresto mayor in its

minimum and medium periods Arresto Mayor Minimum
and a fine of not less than the value and Medium
of the damage caused and not more
than three times such value, shall be Minimum: 1 month and 1 day to 2 months
imposed upon: Medium: 2 months and 1 day to 3 months
Maximum: 3 months and 1 day to 4 months
ARTICLE 316. Other Forms of 1. Any person who, pretending to be the owner of any real
Swindling. property, shall convey, sell, encumber or mortgage the same.
2. Any person who, knowing that real property is
encumbered, shall dispose of the same, although such
The penalty of arresto mayor in its encumbrance be not recorded.
minimum and medium periods and 3. The owner of any personal property who shall wrongfully
a fine of not less than the value of take it from its lawful possessor, to the prejudice of the latter
the damage caused and not more or any third person.
4. Any person who, to the prejudice of another, shall execute
than three times such value, shall be any fictitious contract.
imposed upon:
ARTICLE 316. Other Forms of 5. Any person who shall accept any compensation given him
Swindling. under the belief that it was in payment of services rendered or
labor performed by him, when in fact he did not actually
perform such services or labor.
The penalty of arresto mayor in its 6. Any person who, while being a surety in a bond given in a
minimum and medium periods and criminal or civil action, without express authority from the
a fine of not less than the value of court or before the cancellation of his bond or before being
the damage caused and not more relieved from the obligation contracted by him, shall sell,
mortgage, or, in any other manner, encumber the real
than three times such value, shall be property or properties with which he guaranteed the
imposed upon: fulfillment of such obligation.
ARTICLE 317. Swindling a Minor.

Any person who, taking advantage of the inexperience or emotions or feelings

of a minor, to his detriment, shall induce him to assume any obligation or to
give any release or execute a transfer of any property right in consideration of
some loan of money, credit or other personal property, whether the loan clearly
appears in the document or is shown in any other form, shall suffer the penalty
of arresto mayor and a fine of a sum ranging from 10 to 50 per cent of the value
of the obligation contracted by the minor.
ARTICLE 317. Swindling a Minor.

Arresto Mayor
Minimum: 1 month and 1 day to 2 months
Medium: 2 months and 1 day to 4 months
Maximum: 4 months and 1 day to 6 months
ARTICLE 318. Other Deceits. Any person who, for profit or gain, shall
The penalty of arresto mayor and a
interpret dreams, make forecasts, tell
fine of not less than the amount of fortunes, or take advantage of the
the damage caused and not more than credulity of the public in any other
twice such amount shall be imposed
upon any person who shall defraud or
similar manner, shall suffer the penalty
damage another by any other deceit of arresto menor or a fine not exceeding
not mentioned in the preceding 200 pesos.
articles of this chapter.
ARTICLE 318. Other Deceits. Any person who, for profit or gain, shall interpret dreams,
make forecasts, tell fortunes, or take advantage of the
credulity of the public in any other similar manner, shall
The penalty of arresto mayor and a
fine of not less than the amount of suffer the penalty of arresto menor or a fine not
the damage caused and not more than exceeding 200 pesos.
twice such amount shall be imposed
upon any person who shall defraud or The duration of the penalty shall be from
damage another by any other deceit
not mentioned in the preceding 1 day to 30 days
articles of this chapter.