PAREDES V. CALILUNG (CRIM)

Estafa by means of deceit: Elements

1. That there must be

• false pretense;
• fraudulent act; or
• fraudulent means;

2. That such false pretense, fraudulent act, or fraudulent means be made or executed PRIOR TO OR SIMULTANEOUS WITH THE COMMISSION OF THE FRAUD;

3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, i.e., he was induce to part with his money or property because of the false pretense, fraudulent act, or fraudulent means; and

4. That as a result thereof, the offended party suffered damage.

The conduct of preliminary investigation (PI) for the purpose of determining the existence of probable cause is EXECUTIVE in nature. The main function of a government prosecutor during his conduct of PI is to determine the existence of probable cause and to file the corresponding information should he find it to be so.