Estafa and Other Deceits

Chapter Six
SWINDLING AND OTHER DECEITS
Art. 315. Swindling (estafa). — Any person who shall defraud another by any
of the means mentioned hereinbelow shall be punished by:
1st. The penalty of prision correccional in its maximum period to

prision 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
paragraph shall be imposed in its maximum period, adding one year
for each additional 10,000 pesos; but the total penalty which may be
imposed shall not exceed twenty years. In such cases, and in
connection with the accessory penalties which may be imposed
under the provisions of this Code, the penalty shall be termed prision
mayor or reclusion temporal, as the case may be. chanrobles virtual law library
2nd. The penalty of prision correccional in its minimum and medium

periods, if the amount of the fraud is over 6,000 pesos but does not
exceed 12,000 pesos;
3rd. The penalty of arresto mayor in its maximum period to prision

correccional in its minimum period if such amount is over 200 pesos
but does not exceed 6,000 pesos; and
4th. By arresto mayor in its maximum period, if such amount does

not exceed 200 pesos, provided that in the four cases mentioned,
the fraud be committed by any of the following means:
1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or
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. chanrobles virtual law library
(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. chan robles virtual law library
chanrobles virtual law library
(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 of any third person. chanrobles virtual law library
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.
chanrobles virtual law library
(b) By altering the quality, fineness or weight of anything

pertaining to his art or business. chanrobles virtual law library
(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. chanrobles virtual law library
(d) [By post-dating a check, or issuing a check in payment

of an obligation when the offender therein were not
sufficient to cover the amount of the check. The failure of
the drawer of the check to deposit the amount necessary
to cover his check within three (3) days from receipt of
notice from the bank and/or the payee or holder that said
check has been dishonored for lack of insufficiency of
funds shall be prima facie evidence of deceit constituting
false pretense or fraudulent act. (As amended by R.A. 4885,
approved June 17, 1967.)]
(e) By obtaining any food, refreshment or accommodation

at a hotel, inn, restaurant, boarding house, lodging house,
or apartment house and the like without paying therefor,
with intent to defraud the proprietor or manager thereof,
or by obtaining credit at hotel, inn, restaurant, boarding
house, lodging house, or apartment house by the use of
any false pretense, or by abandoning or surreptitiously
removing any part of his baggage from a hotel, inn,
restaurant, boarding house, lodging house or apartment
house after obtaining credit, food, refreshment or
accommodation therein without paying for his food,
refreshment or accommodation. chanrobles virtual law library
3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any
document. chanrobles virtual law library
(b) By resorting to some fraudulent practice to insure

success in a gambling game. chanrobles virtual law library
(c) By removing, concealing or destroying, in whole or in

part, any court record, office files, document or any other
papers. chanrobles virtual law library
Art. 316. Other forms of swindling. — The penalty of arresto mayor in its
minimum and medium period and a fine of not less than the value of the
damage caused and not more than three times such value, shall be imposed
upon:
1. Any person who, pretending to be owner of any real
property, shall convey, sell, encumber or mortgage the same. chanrobles virtual law library
2. Any person, who, knowing that real property is encumbered,

shall dispose of the same, although such encumbrance be not
recorded. chanrobles virtual law library
3. The owner of any personal property who shall wrongfully

take it from its lawful possessor, to the prejudice of the latter
or any third person. chanrobles virtual law library
4. Any person who, to the prejudice of another, shall execute

any fictitious contract. chanrobles virtual law library
5. Any person who shall accept any compensation given him

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. chanrobles virtual law library
6. Any person who, while being a surety in a bond given in a

criminal or civil action, without express authority from the
court or before the cancellation of his bond or before being
relieved from the obligation contracted by him, shall sell,
mortgage, or, in any other manner, encumber the real property
or properties with which he guaranteed the fulfillment of such
obligation. chanrobles virtual law library
Art. 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.
Art. 318. Other deceits. — The penalty of arresto mayor and a fine of
not less than the amount of the damage caused and not more than
twice such amount shall be imposed upon any person who shall
defraud or damage another by any other deceit not mentioned in the
preceding articles of this chapter. chanrobles virtual law library
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 suffer the penalty of arresto
mayor or a fine not exceeding 200 pesos. chanrobles

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Chapter Six

SWINDLING AND OTHER DECEITS

1st. The penalty of prision correccional in its maximum period to

2nd. The penalty of prision correccional in its minimum and medium

3rd. The penalty of arresto mayor in its maximum period to prision

4th. By arresto mayor in its maximum period, if such amount does

1. With unfaithfulness or abuse of confidence, namely:

(b) By misappropriating or converting, to the prejudice of

(c) By taking undue advantage of the signature of the

2. By means of any of the following false pretenses or

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

(c) By pretending to have bribed any Government

(d) [By post-dating a check, or issuing a check in payment

(e) By obtaining any food, refreshment or accommodation

3. Through any of the following fraudulent means:

(b) By resorting to some fraudulent practice to insure

(c) By removing, concealing or destroying, in whole or in

2. Any person, who, knowing that real property is encumbered,

3. The owner of any personal property who shall wrongfully

4. Any person who, to the prejudice of another, shall execute

5. Any person who shall accept any compensation given him

6. Any person who, while being a surety in a bond given in a

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