See - 168903.pdf
"x x x.
The elements of estafa in general are:
1) That the accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and
2) That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.
The first element covers the following ways of committing estafa:
1) with unfaithfulness or abuse of confidence;
2) by means of false pretenses or fraudulent acts; or
3) through fraudulent means.
The first way of committing estafa is known as estafa with abuse of confidence, while the second and the third ways cover estafa by means of deceit.
This Court finds that the present case does not constitute estafa in either form.
x x x."
