What is the difference between estafa and qualified theft?

The principal distinction between the two crimes is that in theft the thing is taken while in estafa the accused receives the property and converts it to his own use or benefit.


However, there may be theft even if the accused has possession of the property.
If he was entrusted only with the material or physical (natural) or de facto possession of the thing, his misappropriation of the same constitutes theft,

but if he has the juridical possession of the thing, his conversion of the same constitutes embezzlement or estafa.

("Juridical possession" means a possession which gives the transferee a right over the thing which the transferee may set up even against the owner.)


A sum of money received by an employee in behalf of an employer is considered to be only in the material possession of the employee.