Philippine Bar review · Question

Practice question: Distinguished from Estafa

Multiple Choice Medium Jurisprudence

Practice question

A recruiter knowingly lies that a confirmed overseas job exists. An applicant relies on the lie, pays a processing fee, and suffers financial loss. Does the absence of proof that the recruiter lacked a license automatically defeat estafa by false pretenses?
  1. Yes, non-license status is indispensable to every estafa charge
  2. No, the alleged deceit, reliance, payment, and damage must be assessed independently of license status
  3. Yes, unless there are three applicants
  4. Yes, because only a recruitment regulator may determine deceit
  5. No, because any failed job application automatically proves estafa

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.

Answer this question in flashcards to review your response and continue practicing.