False representation

Dear Atty. Joji Alonso,

I bought a house and lot in Metro Manila. I got it from a friend who introduced himself as an owner of a 500-square meter land. I immediately paid the full payment of P5 million for the house since I am eager to move and he needs the money for his US Visa application.
However, he failed to deliver the Certificate of Title and the keys to the house despite several demands. The other day, I learned that he wasn't the owner of the house and has no authority to sell it.
Please help me Atty.

Buboy

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Dear Buboy,

This may fall under Article 315 (2) (a) of the Revised Penal Code of the Philippines, which says:

"Article 315. Swindling (estafa). — Any person who shall defraud another by any of the means mentioned xxx."

(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 a fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits" (Emphasis supplied).

The Supreme Court in the case of RCL Feeders PTE., LTD. vs Hon. Hernando Perez and Feliciano Zuluaga (GR 162126, 9 December 2004) through Associate Justice Consuelo Ynares Santiago elucidated:

"The elements of the crime of estafa under Art. 315 (2) (a) are: (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 simultaneously with the commission of the fraud; (3) the offended party must have relied on the false pretense, fraudulent act or fraudulent means and was thus induced to part with his money or property; and (4) as a result thereof, the offended party suffered damage. In other words, to sustain a charge and subsequent conviction for estafa under the aforecited provision, respondent must be alleged to have actually made fraudulent representations which, in turn, caused petitioner to part with its money. xxx."

The fraud must be alleged to have been personally committed by respondent prior to or simultaneously with the payment or delivery of money. If there be no such prior or simultaneous false statement or fraudulent representation, any subsequent act of the accused, however fraudulent or suspicious it may appear, cannot serve as basis for prosecution for that class of estafa" (Emphases supplied).

To answer your query, based on the aforementioned, you must prove that your friend made fraudulent representations, which, in turn, caused you to part with your own money. Your friend made you believe that he owned the house and lot which made you trust him and pay the price of the property.

The claim made by your friend that he was the owner of the house was indeed a false representation, belonging to the category of false pretense under Section 2 (a) of Article 315 of the Revised Penal Code. The fraudulent representation made by your friend prior to or simultaneous with the payment you made constitutes the crime of estafa.

Hope this helps.

Atty. Joji Alonso