Sunday, February 5, 2017

Stealing a credit card and using the same

If a person steals a credit card and uses the same to obtain services, he is liable of the following:

1.) Theft of the credit card (Art. 308, Revised Penal Code);
2.) Violation of R.A. 8484 (Access Devices Regulation Act of 1998); and
3.) Estafa (Art. 315, Revised Penal Code).

In Francisco vs. People (G.R. No. 177720, February 18, 2009), the Supreme Court held that the third element of estafa under Article 315(a) merely requires that the offended party must have relied on the false pretense, fraudulent act or fraudulent means. "It does not require that the false pretense, fraudulent act or fraudulent means be intentionally directed to the offended party."
"Thus, in this case wherein a person pretended to possess credit in order to defraud third persons (Solidbank Mastercard and AIG Visa), but the offended party nevertheless relied on such fraudulent means and consequently suffered damage by virtue thereof, such person is liable for estafa under Article 315(a), even though the fraudulent means was not intentionally directed to the offended party. A person committing a felony is criminally liable although the consequences of his felonious act are not intended by him."

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