Article 318 “Other Deceits” & Case Verification (Philippines): A Complete Legal Guide

Philippine context • For complainants, respondents, HR/compliance, and investigators • Explains what Article 318 is, how it differs from estafa (Art. 315), how prosecutors and courts handle it, and how to verify the existence/status of a case end-to-end. General info, not legal advice.

1) What is Article 318 (“Other Deceits”)?

Article 318 of the Revised Penal Code (RPC) penalizes deceitful acts not specifically covered by other swindling/estafa provisions. Think of it as a catch-all offense for frauds that cause damage or prejudice but don’t fit Articles 315 (classic estafa modes), 316 (other forms of swindling), or special penal laws.

Core idea: If there is (a) deceit (fraud, trick, false pretense) not enumerated elsewhere and (b) resulting damage (actual loss or prejudice capable of pecuniary estimation), Art. 318 can apply.

“Other deceits” is criminal, separate from mere breach of contract. Civil disputes with no fraud usually don’t qualify.

2) How Article 318 differs from Estafa under Article 315

Topic	Art. 315 Estafa	Art. 318 Other Deceits
Nature	Enumerated modes (e.g., misappropriation/abuse of confidence; false pretenses; fraudulent acts)	Residual/catch-all for deceits not specifically listed in 315/316
Elements	(1) Deceit or abuse of confidence via specific modes; (2) Damage	(1) Any deceit not otherwise penalized; (2) Damage
Charging choice	Prosecutors file when facts match an enumerated mode	Filed when deceit is real but doesn’t match 315’s modes
Defenses	No deceit; purely civil breach; no damage; payment/extinguishment	Same defenses, plus misclassification (i.e., not criminal deceit)

Practical tip: If the deceit fits Art. 315, expect Art. 315. If it doesn’t, but there’s provable trickery + loss, Art. 318 may be used.

3) Typical fact patterns charged under Article 318

“Service/processing” scams: collecting fees to process documents or bookings with no intention/capacity to deliver.
Misrepresentation of credentials or authority: posing as an agent/broker/recruiter without authority and taking money.
Bait-and-switch in private deals: delivering materially different goods/services after inducing payment through false representations.
Fabricated scarcity/urgency: false “last unit/last day” claims that induce payment, with loss when performance never comes.
Device or scheme to obtain property where Art. 315 doesn’t neatly apply.

The common thread: there is affirmative deception that causes financial prejudice.

4) Elements and proof (what prosecutors look for)

Deceit: A positive act or representation, or a fraudulent scheme that induced the complainant to part with money/property or to act to their prejudice.
Damage or prejudice: Actual loss, out-of-pocket expense, lost property, or prejudice capable of pecuniary estimation (e.g., being deprived of use/value).

Evidence that helps

Written/recorded representations (messages, ads, emails, chats).
Receipts, proof of transfer, deposit slips, e-wallet logs.
Timeline showing the deceit preceded the payment or prejudicial act.
Follow-up conduct showing lack of intent to perform (ghosting, shifting excuses).
Witnesses and corroboration.

5) Penalty, civil liability, and prescription (big-picture guide)

Penalty band under Art. 318 is in the lower to mid range of RPC penalties (compared with many Art. 315 cases). Courts may also impose a fine.
Civil liability (restitution + damages + interest) survives even if the criminal case falters; you can sue for sum of money/damages in civil court or pursue the civil aspect in the criminal case.
Prescription (time to file) follows RPC Article 90 rules and depends on the imposable penalty—shorter than for afflictive crimes, longer than light offenses. When in doubt, file early; prescription defenses can defeat late complaints.

Because exact figures can change by statute or jurisprudence, check the current RPC text and latest rulings for precise penalty brackets and prescriptive periods relevant to your facts.

6) Venue & jurisdiction

Venue: where any element occurred—place of deceit, place of payment, place where damage materialized (e.g., where goods should have been delivered).
Court: Article 318 cases commonly fall within first-level courts (MeTC/MTCC/MCTC) given the penalty range, but always confirm against your case’s actual charge/penalty.

7) Building a strong Complaint-Affidavit (for complainants)

Include:

A. Parties & context – Identities, addresses, relationship (if any). B. Deceit – Quote specific representations (who said what, when, where), attach screenshots/recordings. C. Reliance & payment – Show that you paid/acted because of the deceit (attach receipts). D. Damage – Compute loss (principal, fees, consequential costs) and attach proof. E. Conduct after payment – Broken promises, evasions, non-delivery. F. Prayer – Criminal prosecution under Art. 318, plus civil indemnity.

Annexes: Conversations, ads, IDs, proof of payment, timeline, and any prior demand letter (not an element, but persuasive).

8) Defenses (for respondents)

No deceit: statements were opinions/estimates or honest mistakes, not fraudulent inducements.
Purely civil breach: there was a contract, but no fraudulent device at inception; non-performance alone ≠ crime.
No damage: payment was refunded; or complainant suffered no quantifiable loss.
Good faith: diligent efforts to perform; supervening impossibility (documented).
Misvenue, misjoinder, prescription: technical defenses where facts permit.

Paper trail of performance (purchase orders, supplier messages, refunds) strengthens “no criminal deceit” arguments.

9) Case verification: How to confirm if an Art. 318 case exists or its status

A) Before court filing (Prosecutor’s Office)

Docket format: “I.S. No. (Investigation Slip) ____.”
How to verify:
- Inquire at the City/Provincial Prosecutor’s Office where the complaint was filed.
- Provide full name (with middle name/suffix), birth date, and any reference number from notices/demand letters.
- Ask for: status (pending evaluation, for resolution, dismissed, for filing in court), and if resolved, copy of the Resolution (if you’re a party/authorized).

Privacy note: Non-parties typically need written authorization from a party, plus IDs.

B) After filing in court (Criminal Case No.)

Docket format: “Criminal Case No. ____ (Violation of Art. 318).”
How to verify:
- Go to the Office of the Clerk of Court or the branch named in any notice.
- Request Index/Calendar check and certified copies of: Information, Order(s), Warrant status, and latest minutes.
- If you’re the accused, bring ID; your counsel can secure complete copies.

Tip: Namesakes are common. Verify with middle name, DOB, address, and, if available, mother’s maiden name.

C) NBI/Police angles

NBI Clearance: A “HIT” may indicate a pending or past case; you’ll be told to verify/clear it at the NBI with supporting court/prosecutor documents.
Warrants: Law enforcement keeps warrant lists, but the definitive source is the issuing court. To check if a warrant exists, ask the court branch; parties can request written confirmation.

D) Corporate/HR background checks

Obtain the applicant’s written consent to verify criminal records.
Request from the applicant: prosecutor resolution or court certification showing case status (dismissed, archived, pending, no warrant, or cleared).

10) Practical timelines & outcomes

Prosecutor stage: weeks to months (subpoena, counter-affidavits, resolution).
Court stage: arraignment → pre-trial → trial; plea-bargain or mediation (civil) may resolve the civil aspect.
Compromise/Payment: Payment can extinguish civil liability and may mitigate penalty, but does not automatically erase the crime once deceit is complete—though it often aids favorable outcomes (e.g., plea to a lesser offense, dismissal if evidence is weak).

11) Templates you can adapt

A) Status Request – Prosecutor’s Office

Re: Request for Status – I.S. No. ______ (Art. 318 – Other Deceits) I am [Name], [Complainant/Respondent] in the above case. Kindly inform me of the current status and whether a Resolution has been issued. Attached are my ID and, if representative, Authorization/SPA. Respectfully, [Signature / Contact]

B) Court Certification Request

Re: Criminal Case No. ______ (Art. 318 – Other Deceits) Please issue certified true copies of the Information, latest Order, and Warrant status for the above case where I am a [party/counsel]. [Signature / ID / Roll No. (if counsel)]

C) Complaint-Affidavit (Outline)

Parties and addresses

Factual narrative (chronological; verbatim deceit quotes)

Reliance and payments (attach proof)

Damage computation

Prayer (prosecution under Art. 318, restitution, damages)

Annexes (A-__): screenshots, receipts, IDs, demand letter

12) Frequently asked questions

Q: The person didn’t deliver, but there was no lie—criminal case? A: Likely civil, not Art. 318. You need deceit + damage. Non-performance alone usually isn’t a crime.

Q: We already settled and I got paid back. Will the case be dismissed? A: Restitution may moot the civil aspect and can lead to dismissal in practice if the prosecution’s evidence of deceit is weak, but there’s no automatic extinguishment of criminal liability once an offense is consummated.

Q: How long do I have to file? A: Don’t wait. Prescription hinges on the exact imposable penalty and when the offense was discovered/committed. File ASAP to avoid a prescription defense.

Q: Where do I file? A: City/Provincial Prosecutor where an element occurred (deceit made, payment made, damage felt). They’ll determine venue for court filing.

Q: Can HR verify if an applicant has an Art. 318 case? A: With written consent, ask the Prosecutor’s Office or court for certifications. An NBI Clearance is a baseline screen; clarify any HIT with documents.

13) Bottom line

Article 318 punishes real frauds that don’t fit enumerated estafa modes—but you still must prove deceit + damage.
For verification, follow the prosecutor → court → NBI chain and demand documentary proof (resolutions, informations, orders, certifications).
Distinguish criminal deceit from civil breach early; it guides charging, defenses, settlement leverage, and timelines.

If you tell me your role (complainant/respondent/HR), the city, and what documents you already have (I.S. number, court case number, notices), I can draft a tailored status-request letter, a Complaint-Affidavit, or a counter-affidavit outline on the spot.