Estafa by removing, concealing or destroying document is committed by any person who defrauds another by removing, concealing or destroying, in whole or in part, any court record, office files, document or any other paper (Art. 315, par. 3(c), RPC)


● The offender must be a private individual or a public officer not officially entrusted with the document.


●  Bar Question (2011)

(36) Removing, concealing or destroying documents to defraud another constitutes the crime of estafa if committed by

(A) any public officer.

(B) a public officer officially entrusted with the document.

(C) private individuals who executed the same.

(D) private individuals.


● Removing, concealing or destroying documents constitute infidelity in the custody of public documents if committed by a public officer entrusted with the custody of the documents (Art. 226, RPC). Intent to defraud is not an element.


● In estafa by removing, concealing or destroying document, intent to defraud is an element.