Negotiable Instruments Law
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- Category: Politics: Political Science
- Date Submitted: 08/26/2011 07:33 PM
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Art. 315 and BP 22
Swindling or Estafa
Art. 315 has three subdivisions classifying the different forms of estafa according to the means by which the fraud is committed.
Thus, estafa is committed –
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;
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, eventhough such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property;
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. 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.
b. By altering the quality, fineness or weight of anything pertaining to his art or business.
c....
Swindling or Estafa
Art. 315 has three subdivisions classifying the different forms of estafa according to the means by which the fraud is committed.
Thus, estafa is committed –
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;
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, eventhough such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property;
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. 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.
b. By altering the quality, fineness or weight of anything pertaining to his art or business.
c....