Philippine Bar review · Question

Practice question: Distinguished from Estafa

Multiple Choice Hard Jurisprudence

Practice question

For one charge, competent proof establishes recruitment without authority. For a separate alleged estafa transaction, the prosecution offers only a receipt and no proof of the alleged false statement or reliance. It asks to transfer every finding from the first offense automatically. Which is best?
  1. The distinct estafa elements still require proof; unlicensed recruitment does not supply every missing fact.
  2. All recruitment findings automatically establish all fraud counts.
  3. The receipt conclusively establishes the missing statement.
  4. Separate offenses necessarily share every element.
  5. The defendant must prove the allegation false without prosecution evidence.

Legal references

  • People v. Valle y Lapurga, G.R. No. 235010, August 7, 2024, main decision: https://lawphil.net/judjuris/juri2024/aug2024/gr_235010_2024.html
  • People v. Marzan, G.R. No. 227093, September 21, 2022, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/68766

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