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    Aw - Theft Is Closely Related To The Crime of Estafa

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    Nardz Andanan
    The document discusses the differences between theft and estafa. Theft involves taking property without consent and misappropriating it for one's own use. Estafa involves gaining juridical possession of property through an agreement or contract and then misappropriating or converting it for an unauthorized use. The key difference is whether possession is merely material or coupled with a legal right or juridical possession. An example is provided of qualified theft versus estafa based on a court case where an employee failed to remit payments to their employer.

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    Aw - Theft Is Closely Related To The Crime of Estafa

    Uploaded by

    Nardz Andanan
    85 views2 pages
    The document discusses the differences between theft and estafa. Theft involves taking property without consent and misappropriating it for one's own use. Estafa involves gaining juridical possession of property through an agreement or contract and then misappropriating or converting it for an unauthorized use. The key difference is whether possession is merely material or coupled with a legal right or juridical possession. An example is provided of qualified theft versus estafa based on a court case where an employee failed to remit payments to their employer.

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    Theft is Closely Related to the Crime of Estafa

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    Aw - Theft is Closely Related to the Crime of Estafa

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    The document discusses the differences between theft and estafa. Theft involves taking property without consent and misappropriating it for one's own use. Estafa involves gaining juridical possession of property through an agreement or contract and then misappropriating or converting it for an unauthorized use. The key difference is whether possession is merely material or coupled with a legal right or juridical possession. An example is provided of qualified theft versus estafa based on a court case where an employee failed to remit payments to their employer.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    85 views2 pages

    Aw - Theft Is Closely Related To The Crime of Estafa

    Uploaded by

    Nardz Andanan
    The document discusses the differences between theft and estafa. Theft involves taking property without consent and misappropriating it for one's own use. Estafa involves gaining juridical possession of property through an agreement or contract and then misappropriating or converting it for an unauthorized use. The key difference is whether possession is merely material or coupled with a legal right or juridical possession. An example is provided of qualified theft versus estafa based on a court case where an employee failed to remit payments to their employer.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    The crime of theft is closely related to the crime of estafa.

    Oftentimes, it creates confusion to the victim


    as to what should be charged against his offender. However, although having similarities, these two
    crimes are very much different from each other.
    Theft = Material Possession + Misappropriation
    Theft is committed when the offender has taken a personal property of another, without the owners
    consent. Such taking, since it is unknown to the owner, only gives the offender material possession
    of the property. To define, material possession means the actual physical possession of the personal
    property, where the possessor does not have a better right over such property than the owner. Then,
    after taking the property, the offender misappropriates the property. The offender takes the property
    and uses it as if he is really the owner.
    For example, if Ana takes the mobile phone of Maria from Marias pouch without her consent, then Ana
    should be liable for theft. In this case, Ana has physical possession of the mobile phone, and after taking
    it she may use it as if it was her own.
    Estafa = Material Possession + Juridical Possession + Misappropriation/Conversion
    If the possession of the property by the offender arose from a contract or an agreement, then the
    possessor has juridical possession of the property (it is coupled with juridical possession) a right over
    the property, which he can claim and set up even against the owner.
    To distinguish theft from estafa, it is important to know whether the possession of the property by the
    offender is only material or if it is coupled with juridical possession.
    For example, in the case of Ana and Maria, if Maria agrees to lend Ana her mobile phone for a week, then
    Ana has a right over the mobile phone for that week. Maria cannot take the mobile phone from Ana during the
    week that they have agreed upon. Because of their agreement, Ana acquired juridical possession over the
    property.
    But, if Ana sells the phone during the week that it was within her possession, then it is obvious that she
    has converted the use of the property. She was permitted to use it, but she was not authorized to sell
    it. If this happens, estafa is committed.
    Qualified Theft and Estafa
    Both qualified theft and estafa may be committed by abuse of confidence. However, it will be easier
    to determine whether the crime is qualified theft or estafa once it is settled if the possession is merely
    material or juridical.
    If it is only material possession and there was misappropriation, then the crime committed is qualified
    theft.
    If there was juridical possession and it was misappropriated or converted, then the crime committed is
    estafa.
    Case in point is Sheala Matrido vs. People of the Philippines, GR. No. 179061, July 13, 2009. In this
    case, Sheala was the credit and collection assistant of Empire East Land Holdings, Inc. whose duty was
    to collect payments from buyers of real estate properties developed by Empire East Land Holdings,

    Inc., issue receipts therefor, and remit the payments to employer in Makati City. Sheala failed to remit
    payments received from its clients, so she was charged with estafa.
    The Supreme Court ruled that Sheala is liable for qualified theft, not estafa. She did not have juridical
    possession over the amount involved. A sum of money received by an employee in behalf of the
    employer is considered to be only in the material possession of the employee. For there to be juridical
    possession, the employer must recognize such, otherwise the crime committed remains to be qualified
    theft.

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