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."