In the case of ROSITA SY vs. PEOPLE OF THE
PHILIPPINES, G.R. No. 183879, April 14,
2010 discussed the ways of
committing the felony of estafa, thus:
"X x x.
The sole issue for resolution is whether Sy should be held liable
for estafa, penalized under Article 315, paragraph 2(a) of the Revised
Penal Code (RPC).
Swindling or estafa is punishable under Article 315 of the
RPC. There are three ways of committing estafa, viz.: (1) with
unfaithfulness or abuse of confidence; (2) by means of false pretenses or
fraudulent acts; or (3) through fraudulent means. The three ways of committing estafa
may be reduced to two, i.e., (1) by means of abuse of confidence; or (2)
by means of deceit.
The elements of estafa in general are the following: (a)
that an accused defrauded another by abuse of confidence, or by means of
deceit; and (b) that damage and prejudice capable of pecuniary estimation is
caused the offended party or third person.
The act complained of in the instant case is penalized under
Article 315, paragraph 2(a) of the RPC, wherein estafa is
committed by any person who shall defraud another by false pretenses or
fraudulent acts executed prior to or simultaneously with the commission of the
fraud. It is committed by
using fictitious name, or by pretending to possess power, influence,
qualifications, property, credit, agency, business or imaginary transactions,
or by means of other similar deceits.
The elements of estafa by means of deceit are the
following, viz.: (a) that there must be a false pretense or fraudulent
representation as to his power, influence, qualifications, property, credit,
agency, business or imaginary transactions; (b) that such false pretense or
fraudulent representation was made or executed prior to or simultaneously with
the commission of the fraud; (c) 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 (d) that, as a result thereof, the offended party
suffered damage.
