Philippine Bar review · Question

Practice question: Distinguished from Estafa

Multiple Choice Medium Jurisprudence

Practice question

A prosecution proves that an intermediary performed unlicensed recruitment acts but offers no proof of a false pretense, victim reliance, or resulting property damage. Is that evidence alone enough for estafa by false pretenses?
  1. Yes, illegal recruitment automatically includes estafa
  2. Yes, every referral creates financial damage
  3. No, estafa requires separate proof of its deceit, reliance, and damage elements
  4. Yes, if the intermediary has no office
  5. No, because estafa can never arise from recruitment

Legal references

  • https://lawphil.net/judjuris/juri2024/aug2024/gr_235010_2024.html — People v. Valle y Lapurga, GR 235010, August 7, 2024, main decision.
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/68766 — People v. Marzan, GR 227093, September 21, 2022, main decision; estafa under Revised Penal Code Article 315(2)(a) and distinct recruitment offenses.

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