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    Sources Art 315 Par 1b

    Uploaded by

    Jimi Solomon
    This document discusses several Supreme Court cases related to the crime of estafa or fraud under Philippine law. It establishes that for estafa with abuse of confidence, the very same thing received must be returned if there is an obligation to do so, and if ownership is transferred there is only civil liability. It also notes that jurisdiction over a criminal case depends on where the offense or essential elements occurred, and that venue is jurisdictional - a court cannot try a case for an offense committed outside its territory. The document discusses the elements of estafa, including the receipt of money/goods in trust and their misappropriation or conversion to the prejudice of another.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Sources Art 315 Par 1b

    Uploaded by

    Jimi Solomon
    162 views3 pages
    This document discusses several Supreme Court cases related to the crime of estafa or fraud under Philippine law. It establishes that for estafa with abuse of confidence, the very same thing received must be returned if there is an obligation to do so, and if ownership is transferred there is only civil liability. It also notes that jurisdiction over a criminal case depends on where the offense or essential elements occurred, and that venue is jurisdictional - a court cannot try a case for an offense committed outside its territory. The document discusses the elements of estafa, including the receipt of money/goods in trust and their misappropriation or conversion to the prejudice of another.

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    sources for estafa

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    This document discusses several Supreme Court cases related to the crime of estafa or fraud under Philippine law. It establishes that for estafa with abuse of confidence, the very same thing received must be returned if there is an obligation to do so, and if ownership is transferred there is only civil liability. It also notes that jurisdiction over a criminal case depends on where the offense or essential elements occurred, and that venue is jurisdictional - a court cannot try a case for an offense committed outside its territory. The document discusses the elements of estafa, including the receipt of money/goods in trust and their misappropriation or conversion to the prejudice of another.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    162 views3 pages

    Sources Art 315 Par 1b

    Uploaded by

    Jimi Solomon
    This document discusses several Supreme Court cases related to the crime of estafa or fraud under Philippine law. It establishes that for estafa with abuse of confidence, the very same thing received must be returned if there is an obligation to do so, and if ownership is transferred there is only civil liability. It also notes that jurisdiction over a criminal case depends on where the offense or essential elements occurred, and that venue is jurisdictional - a court cannot try a case for an offense committed outside its territory. The document discusses the elements of estafa, including the receipt of money/goods in trust and their misappropriation or conversion to the prejudice of another.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    1.

    that money, goods, or other personal properties are 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;
    2. that there is a misappropriation or conversion of such money or
    property by the offender or a denial of the receipt thereof;
    3. that the misappropriation or conversion or denial is to the prejudice of
    another; and
    4. that there is a demand made by the offended party on the offender.
    5. February 27, 2017
    6. G.R. No. 211917
    7. NORMA C. GAMARO and JOSEPHINE G. UMALI, Petitioners
    vs.
    PEOPLE OF THE PHILIPPINES
    8. \

    Gamaro vs. People of the Philippines, G.R. No. 211917, 27 February 2017

    In estafa with abuse of confidence under paragraph (b), subdivision No. 1 of


    Article 315, the very same thing received must be returned, if there is an
    obligation to return it. If there is no obligation to return the very same thing
    received, because ownership is transferred, there is only civil liability. (U.S.
    vs. Figueroa, 22 Phil. 270)

    A person receiving money from another and failing to return it does not
    commit the crime of estafa unless it is clearly demonstrated that he received
    it “for safekeeping, or on commission, or for administration; or under any
    other circumstances giving rise to the obligation to make delivery of or
    return the same.” (U.S. vs. Villareal, 27 Phil. 481)

    Rule 110 Section 10. Place of commission of the offense. — The complaint or information is
    sufficient if it can be understood from its allegations that the offense was committed or some of the
    essential ingredients occurred at some place within the jurisdiction of the court, unless the particular
    place where it was committed constitutes an essential element of the offense or is necessary for its
    identification.

    The place where the criminal offense was committed not only determines the venue of the action but is an
    essential element of jurisdiction ([Alfelor v. Intia G.R. No. L-27590 (1976)]
    For jurisdiction to be acquired by courts in criminal cases, the offense should have been
    committed or any one of its essential ingredients took place within the territorial jurisdiction of
    the court. Thus, it cannot take jurisdiction over a person charged with an offense allegedly
    committed outside of the limited territory. (Uy vs. CA, G.R. No. 119000, 1997)

    in criminal cases, venue is jurisdictional. A court cannot exercise jurisdiction


    over a person charged with an offense committed outside its limited
    territory. G. R. No. 195002 January 25, 2012

    HECTOR TREÑAS, Petitioner,


    vs.
    PEOPLE OF THE PHILIPPINES, Respondent.

    G.R. No. L-6748 March 16, 1912

    THE UNITED STATES, plaintiff-appellee,


    vs.
    AMBROSIO FIGUEROA, defendant-appellant.

    The third element of this crime consists in that the things mentioned (money, goods or any other
    chattel) shall have been received as a deposit, on commission or for administration, or under any other
    title from which arises the obligation to deliver them or return them, that is, to deliver or return
    the same thing received (not another of the same kind and quality),

    July 4, 2016

    G.R. No. 210192

    ROSALINDA S. KHITRI and FERNANDO S. KHITRI, Petitioners,


    vs
    PEOPLE OF THE PHILIPPINES, Respondent.

    The essence of estafa committed with abuse of confidence is the appropriation


    or conversion of money or property received to the prejudice of the entity to
    whom a return should be made. The
    words "convert" and "misappropriate" connote the act of using or disposing of
    another's property as if it were one's own, or of devoting it to a purpose or use
    different from that agreed upon. To misappropriate for one's own use includes
    not only conversion to one's personal advantage, but also every attempt to
    dispose of the property of another without right.
    As is required of the other elements of a felony, the existence of malicious
    intent must be proven beyond reasonable doubt.

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