Estafa is a criminal offense that involves deceit, fraud, or misrepresentation, resulting in financial harm or damage to another person or entity. It is considered a criminal case, which means a wrongdoer can be penalized with fines and jail time. Estafa is different from theft in that with theft, the offender has taken material possession of a property, while with estafa, the offender has taken both material and juridical possession of a property by means of a contract or agreement. To establish a case of estafa, the following elements must be proven:
- There must be a false pretense or fraudulent representation as to the offender’s power, influence, qualifications, property, credit, agency, business, or imaginary transactions.
- Such false pretense or fraudulent representation was made or executed prior to or simultaneously with the commission of the fraud.
- The offended party relied on the false pretense, fraudulent act, or fraudulent means and was induced to part with their money or property.
- As a result thereof, the offended party suffered damage.
Estafa can be committed through unfaithfulness or abuse of confidence, by means of false pretenses or fraudulent acts, or through fraudulent means. The penalty for estafa is dependent on the value of the damage or prejudice caused by the perpetrator. If you believe you have been a victim of estafa, it is important to take immediate action by gathering evidence and seeking legal advice from a reputable law firm.
