With unfaithfulness or abuse of confidence

(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.
(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.
(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.
By means of false pretenses or fraudulent acts
Article 315, paragraph (2) of the Revised Penal Code covers the commission of estafa by means of false pretenses or fraudulent acts executed prior to
or simultaneously with the commission of the fraud. The elements of estafa by means of deceit, whether committed by false pretenses or
concealment, are the following: (1) There must be a false pretense, fraudulent act or fraudulent means; (2) Such false pretense, fraudulent act or
fraudulent means must be made or executed prior to or simultaneous with the commission of the fraud; (3) The offended party must have relied on
the false pretense, fraudulent act or fraudulent means, that is, he was induced to part with his money or property because of the false pretense,
fraudulent act or fraudulent means; and (4) As a result thereof, the offended party suffered damage.
[1]
The fraudulent acts under Article 315 (2) are:
(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) 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.
(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.
(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.
Under Article 315 (2)(a)
Article 315 (2)(a) covers estafa by means of false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud,
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.
In the prosecution for estafa under Article 315, paragraph 2(a) of the RPC, it is indispensable that the element of deceit, consisting in the false
statement or fraudulent representation of the accused, be made prior to, or at least simultaneously with, the delivery of the thing by the
complainant.
[2]
The false pretense or fraudulent act must be committed prior to or simultaneously with the commission of the fraud, it being essential
that such false statement or representation constitutes the very cause or the only motive which induces the offended party to part with his money. In
the absence of such requisite, any subsequent act of the accused, however fraudulent and suspicious it might appear, cannot serve as basis for
prosecution for estafa under the said provision.
[3]

Under Article 315 (2)(b)
By altering the quality, fineness or weight of anything pertaining to his art or business.
Under Article 315 (2)(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.
Under Article 315 (2)(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.
Under Article 315 (2)(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.

Through fraudulent means
(a) By inducing another, by means of deceit, to sign any document.
(b) By resorting to some fraudulent practice to insure success in a gambling game.
(c) By removing, concealing or destroying, in whole or in part, any court record, office files, document or any other papers.

Penalties
The penalty for any person found guilty of committing estafa under Article 315 of the Revised Penal Code depends on the amount involved.
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.
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.
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.
By arresto mayor in its maximum period, if such amount does not exceed 200 pesos.
Complex crime of estafa through falsification of documents
Whenever a person carries out on a public, official or commercial document any of the acts of falsification enumerated in Article 171 of the RPC as a
necessary means to perpetrate another crime, like estafa, theft, or malversation, a complex crime is formed by the two crimes.
[4]
The falsification of a
public, official, or commercial document may be a means of committing estafa, because before the falsified document is actually utilized to defraud
another, the crime of falsification has already been consummated, damage or intent to cause damage not being an element of the crime of falsification
of public, official or commercial document. In other words, the crime of falsification has already existed. Actually utilizing that falsified public,
official or commercial document to defraud another is estafa. But the damage is caused by the commission of estafa, not by the falsification of the
document. Therefore, the falsification of the public, official or commercial document is only a necessary means to commit the estafa.
[5]
See
also Complex crimes and Falsification of documents.

Other forms of swindling
Under Article 316 of the Revised Penal Code, 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.
2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded.
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.
4. Any person who, to the prejudice of another, shall execute any fictitious contract.
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.
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.

CHECK
3-502. DISHONOR.
(a) Dishonor of a note is governed by the following rules:

(1) If the note is payable on demand, the note is dishonored if presentment is duly made to the maker and the note is not paid on the day of
presentment.

(2) If the note is not payable on demand and is payable at or through a bank or the terms of the note require presentment, the note is dishonored if
presentment is duly made and the note is not paid on the day it becomes payable or the day of presentment, whichever is later.

(3) If the note is not payable on demand and paragraph (2) does not apply, the note is dishonored if it is not paid on the day it becomes payable.

(b) Dishonor of an unaccepted draft other than a documentary draft is governed by the following rules:

(1) If a check is duly presented for payment to the payor bank otherwise than for immediate payment over the counter, the check is dishonored if the
payor bank makes timely return of the check or sends timely notice of dishonor or nonpayment under Section 4-301 or 4-302, or becomes
accountable for the amount of the check under Section 4-302.

(2) If a draft is payable on demand and paragraph (1) does not apply, the draft is dishonored if presentment for payment is duly made to the drawee
and the draft is not paid on the day of presentment.

(3) If a draft is payable on a date stated in the draft, the draft is dishonored if (i) presentment for payment is duly made to the drawee and payment is
not made on the day the draft becomes payable or the day of presentment, whichever is later, or (ii) presentment for acceptance is duly made before
the day the draft becomes payable and the draft is not accepted on the day of presentment.

(4) If a draft is payable on elapse of a period of time after sight or acceptance, the draft is dishonored if presentment for acceptance is duly made and
the draft is not accepted on the day of presentment.

(c) Dishonor of an unaccepted documentary draft occurs according to the rules stated in subsection (b)(2), (3), and (4), except that payment or
acceptance may be delayed without dishonor until no later than the close of the third business day of the drawee following the day on which payment
or acceptance is required by those paragraphs.

(d) Dishonor of an accepted draft is governed by the following rules:

(1) If the draft is payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and the draft is not paid on the
day of presentment.

(2) If the draft is not payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and payment is not made on
the day it becomes payable or the day of presentment, whichever is later.

(e) In any case in which presentment is otherwise required for dishonor under this section and presentment is excused under Section 3-504, dishonor
occurs without presentment if the instrument is not duly accepted or paid.

(f) If a draft is dishonored because timely acceptance of the draft was not made and the person entitled to demand acceptance consents to a late
acceptance, from the time of acceptance the draft is treated as never having been dishonored.

(a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to
the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft
made to the drawee.
(b) The following rules are subject to Article 4, agreement of the parties, and clearing-house rules and the like:
(1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a
bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective
when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or
more makers, acceptors, drawees, or other payors.
(2) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit theinstrument, (ii) give reasonable
identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the
instrument for any payment made or surrender the instrument if full payment is made.
(3) Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary indorsement, or
(ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other
applicable law or rule.
(4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to
whom presentment is made has established a cut-off hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment
or acceptance and presentment is made after the cut-off hour.