Daily Serving of Legal Matters

With the arrest of Delfin Lee in connection to the syndicated estafa he faced, some of us, I guess, would be asking what constitutes the crime of syndicated estafa. To answer this question, we have to discuss first the elements and kinds of estafa cases.  The Revised Penal Code has defined the crime of estafa and as well as provided elements of this crime. The Crime of Estafa: Estafa or otherwise knows as SWINDLING is a criminal offense wherein one person defrauds another by means of: 1.  Unfaithfulness or Abuse of Confidence 2.  False Pretenses or Fraudulent Acts 3.  Fraudulent Means Estafa Through Unfaithfulness or Abuse of Confidence: 1.  By altering the substance, quantity, or quality of anything of 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; 2.  By misappropriating or converting, to the prejudice...

When the law provides for the exemption of filing any criminal liability to supposedly offenders, the aggrieved party cannot do otherwise.  It is the law.  No matter how harsh it may be, it is the law.  Dura lex sed lex. In crimes committed against property, the Revised Penal Code provides persons who are exempt from any criminal liability.  However, they are not entirely without any liability because the victim may still file any civil liability to recover damages it may have from the commission of such crimes.