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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Perpetrators of online love scams may held criminally liable for Estafa under the Revised Penal Code (RPC). Republic Act No. 10175 or the Cybercrime Prevention Act of 2012 increases the penalty prescribed for estafa under the RPC when the offense is committed through information and communications technologies.
Online love scams have become a growing concern in the Philippines, with many individuals falling victim to scammers who exploit emotions for financial gain. These scams typically involve perpetrators posing as romantic partners to manipulate victims into sending money or personal information.
One of the most common legal bases for prosecuting online love scams is the crime of Estafa under Article 315 of the Revised Penal Code (RPC). When committed through the internet, estafa can be considered a cybercrime, making it subject to more severe penalties under Republic Act No. 10175 or the Cybercrime Prevention Act of 2012.
Under Article 13 of the RPC, estafa can be committed in various ways: (a) with unfaithfulness or abuse of confidence; (b) by means of false pretenses or fraudulent acts; and (c) through fraudulent means.
The elements of Estafa under paragraph 2(a), Article 315 of the RPC are:
(a) that there must be a false pretense or fraudulent representation as to his power, influence, qualifications, property, credit, agency, business or imaginary transactions;
(b) that such false pretense or fraudulent representation was made or executed prior to or simultaneously with the commission of the fraud;
(c) that the offended party relied on the false pretense, fraudulent act, or fraudulent means and was induced to part with his money or property; and
(d) that, as a result thereof, the offended party suffered damage. (Favis-Velasco v. Gonzales, G.R. No. 239090, June 17, 2020)
When estafa is committed through online platforms, it falls under Section 6 of the Cybercrime Prevention Act, which states:
Section 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.
This means that if the crime of estafa is perpetrated online, as in the case of online love scams, the penalties for estafa under the RPC will be increased by one degree.
RELATED ARTICLES:
- What is the difference between Estafa and Violation of BP Blg. 22?
- PENALTIES FOR CYBERCRIME OFFENSES
- CYBERCRIME OFFENSES UNDER THE CYBERCRIME PREVENTION ACT
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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