Estafa

Question 1

What are the elements of estafa?

Answer 1

Article 316 (1) of the Revised Penal Code enumerated the essential elements of the crime of estafa, to wit:

(1) that the thing be immovable, such as a parcel of land or a building;

(2) that the offender who is not the owner of said property should represent that he is the owner thereof;

(3) that the offender should have executed an act of ownership, e.g., selling, leasing, encumbering, or mortgaging the property; and

(4) that the act be made to the prejudice of the owner or a third person.