A practical legal article for complainants: what estafa is, what it isn’t, where to file, what to prepare, how much it typically costs, and how the case moves from complaint to court

This article is for general information and education in the Philippine legal context. Estafa cases are fact-sensitive, and outcomes often turn on documents, timing, and how the transaction is characterized.

1) What “estafa” means under Philippine law (and why it’s not just “unpaid debt”)

Estafa (swindling) is primarily punished under Article 315 of the Revised Penal Code (RPC). In plain terms, it covers fraud and misappropriation that causes damage or prejudice to another.

Estafa is commonly charged in situations like:

Investment scams / “double your money” schemes
Online selling scams (payment received, item never delivered)
Agent/collector fails to remit collections
Money or property received “in trust,” then not returned
Deceitful representations that induced you to give money/property

What estafa is NOT (by itself)

Not every failure to pay is estafa. Many disputes are purely civil (collection of sum of money, breach of contract) when:

There was no deceit at the start, and
The issue is simply non-payment of a loan or obligation.

Criminalizing a purely civil debt is a frequent reason complaints get dismissed.

2) The main “types” of estafa you’ll see in real life

Article 315 is long, but most complaints fall into two big buckets:

A. Estafa by false pretenses / fraudulent acts (deceit)

Typical theory: The accused lied or committed fraud first, and because of that you gave money/property, and you suffered damage.

Common examples:

Pretending to be an authorized seller/agent
Fake identities, fake documents, fake authority
Promising a specific transaction while hiding a material fact
Online marketplace scams using fraudulent representations

Key idea: the deceit is prior to or simultaneous with your delivery of money/property.

B. Estafa by misappropriation or conversion (breach of trust)

Typical theory: You voluntarily entrusted money/property to the accused under an obligation to:

Return the same thing, or
Deliver it to someone else, or
Use it for a specific purpose, and instead the accused misappropriated/converted it, causing damage.

Common examples:

Collections received “for remittance”
Funds given to buy something for you but used elsewhere
Property handed over for safekeeping/administration then not returned

Key idea: the transaction starts with trust/entrustment, then later the accused acts inconsistently with the obligation.

3) Estafa vs. B.P. Blg. 22 (bouncing checks): know the difference

Many complainants mix these up:

B.P. Blg. 22 punishes issuing a check that bounces (a malum prohibitum offense; intent to defraud isn’t the core issue).
Estafa requires elements like deceit or misappropriation/conversion and damage.

A single bad-check situation can sometimes lead to both cases, depending on facts. But B.P. 22 also has its own documentary and notice requirements (notably notice of dishonor).

4) Before filing: what to gather (your case is only as strong as your proof)

Whether you file yourself or through counsel, most prosecutors decide estafa cases on paper. Prepare:

A. Identity and participation of the accused

Full name, address, contact details, IDs (if available)
Proof of who actually dealt with you (messages, emails, receipts, account names)

B. Proof of the transaction and your payment/transfer

Contracts, receipts, acknowledgments, invoices
Bank transfer slips, deposit records, e-wallet screenshots
Delivery documents, waybills, booking confirmations (for online sales)

C. Proof of deceit or the trust obligation

Advertisements, chats, listings, representations
Authorization claims (screenshots)
Agreements showing “in trust,” “for remittance,” “for purchase,” “for administration”

D. Proof of damage

Amount lost, items not delivered, property not returned
Computation of losses and supporting documents

E. Demand/notice (often crucial in practice)

A demand letter is not always a strict legal element, but it’s highly useful:

It can show refusal to return/remit (strong evidence of conversion)
It clarifies timelines and issues
It helps defeat defenses like “misunderstanding” or “no demand was made”

Send demand by a method you can prove (personal service with receipt, courier with tracking, email plus proof, etc.).

5) Where to file an estafa complaint (venue and office)

A. Usual route: Office of the City/Provincial Prosecutor (preliminary investigation)

Most estafa complaints are filed with the Office of the Prosecutor that has territorial jurisdiction over the place where:

The deceit was committed, or
The money/property was delivered/received, or
Any essential element of the offense occurred.

In many cases, multiple places could be arguable. Filing where an essential element happened is generally safest.

B. If the case involves online transactions (possible cybercrime angle)

If the estafa was committed using information and communications technology, prosecutors may treat it as estafa under the RPC, potentially with implications under the Cybercrime Prevention Act (RA 10175) (e.g., penalty considerations and specialized handling). Venue questions can become more flexible depending on where elements occurred and where harm was felt, but documentation must support it.

C. Direct filing in court (less common for estafa)

For some offenses that do not require preliminary investigation, complaints may be filed directly with the proper MTC/MeTC/MCTC. Many estafa variants and amounts, however, typically trigger preliminary investigation, so the prosecutor route is the usual path.

6) Step-by-step procedure from complaint to criminal case in court

Step 1: Prepare the Complaint-Affidavit package

You typically submit:

Complaint-Affidavit (narrative + legal allegations)
Supporting affidavits of witnesses
Annexes (documents, screenshots, proofs) properly marked
Sometimes: a verification/certification depending on office practice All affidavits should be notarized.

Step 2: File with the Prosecutor’s Office (docketing/raffle)

The prosecutor’s office will:

Receive and docket the case
Assign it for evaluation/investigation

Step 3: Issuance of subpoena to the respondent

If the complaint is sufficient on its face, the investigating prosecutor issues a subpoena to the respondent with copies of your complaint and annexes, requiring a Counter-Affidavit and evidence.

Step 4: Submission of Counter-Affidavit (and your Reply)

Respondent files Counter-Affidavit + supporting evidence
You may file a Reply-Affidavit addressing defenses and clarifying facts Some offices allow or require a Rejoinder after reply, depending on practice.

Step 5: Clarificatory conference/hearing (if needed)

The prosecutor may set a clarificatory conference to ask questions, but many cases are resolved on submissions.

Step 6: Resolution (probable cause determination)

The prosecutor issues a Resolution either:

Finding probable cause and recommending filing of an Information in court, or
Dismissing the complaint for lack of probable cause or for being purely civil, etc.

Step 7: Review processes if you lose at the prosecutor level

Common options (depending on facts, deadlines, and office rules):

Motion for reconsideration within the prosecutor’s office
Petition for review to the Department of Justice (DOJ) Further court challenges exist in narrow situations (typically via special civil actions), but these are technical and remedy-specific.

Step 8: Filing in court (Information) and court proceedings

Once an Information is filed:

Court evaluates and may issue warrant of arrest (or summons in some situations)
Arraignment (accused pleads)
Pre-trial (stipulations, marking evidence, witness lists)
Trial
Judgment
Appeal (if pursued)

Civil liability is usually included

In criminal actions, the civil action for recovery is often impliedly instituted unless you waive or reserve it. Practically, estafa cases often aim for:

Restitution of the amount/property
Damages (actual, moral, exemplary, interest), as appropriate and provable

7) How much it costs to file an estafa case (realistic cost components)

There is no single fixed price. Costs vary by location, complexity, number of accused, and whether you hire counsel.

A. Government filing costs (prosecutor stage)

Filing a criminal complaint at the Prosecutor’s Office is commonly free of “filing fees” as a practical matter. Your out-of-pocket costs are usually for documents and preparation.

However, you should anticipate incidental administrative expenses depending on local practice (certifications, photocopy requirements, etc.).

B. Typical out-of-pocket expenses you will almost always pay

Notarization

Complaint-affidavit, witness affidavits, and certifications Notarial fees vary widely by city and document length.

Printing/photocopying/scanning

Prosecutors often require multiple sets (original + copies for each respondent + office file).

Documentary costs

Certified true copies (e.g., bank certifications, official records), if needed.

Transportation and time costs

Attending conferences, follow-ups, hearings, and court dates.

C. Lawyer’s fees (optional, but common in estafa complaints)

You may file without a lawyer, but many complainants retain counsel because drafting and evidence framing matter a lot.

Fee structures commonly include:

Acceptance fee (fixed upfront)
Appearance fees per hearing
Pleading fees for motions/appeals
Sometimes a contingent component for civil recovery

There is no standard market rate; complexity and region drive pricing.

D. Court-related fees (when the case reaches court)

For the criminal aspect, the case is prosecuted in the name of the People of the Philippines, and the mechanics of filing are handled by the prosecutor.

For the civil aspect (damages/restitution):

Courts may assess legal fees under Rule 141 (Legal Fees) and related issuances depending on how claims are stated and the court’s assessment practices.
If you claim specific amounts of damages, there can be fee implications in some setups.

Because schedules and assessments depend on the current rules and the clerk’s computation, complainants typically get the exact assessment from the Office of the Clerk of Court once the case is docketed.

E. If you cannot afford costs: indigent litigant relief

Philippine procedure allows an indigent litigant to seek exemption from certain fees upon proof of income and property thresholds (procedures vary by court).

F. What you generally do NOT pay as a complainant

Bail (that’s for the accused)
“Case filing money” to prosecutors (any demand for improper payments is not part of lawful procedure)

8) Timeline expectations (why estafa cases can feel slow)

Timelines vary by docket congestion, completeness of submissions, and the accused’s participation. Rough expectations:

Prosecutor stage (preliminary investigation + resolution): often months
DOJ review (if any): often several months to a year+
Court proceedings (from filing to judgment): frequently 1–3 years or more, depending on court load and complexity

Delays commonly come from:

Difficulty serving subpoenas/warrants
Postponements, counsel conflicts, witness availability
Motions and interlocutory remedies

9) Common grounds for dismissal (and how to avoid them)

A. “It’s only a civil case”

If your narrative shows only non-payment with no deceit at inception and no fiduciary/trust obligation breached, the prosecutor may treat it as collection of debt.

Avoidance: Clearly allege and prove either:

Deceit that induced you to part with money/property, or
Entrustment with obligation to return/deliver, followed by conversion

B. Weak identification of the accused

Online scams often fail because the complainant cannot credibly connect a real person to the account.

Avoidance: Gather:

Bank account ownership evidence
Delivery address proofs
Platform records, transaction IDs, courier records
Any KYC details you can lawfully obtain

C. Lack of proof of delivery/payment

Screenshots without corroboration can be attacked.

Avoidance: Pair screenshots with:

Bank/e-wallet transaction logs
Receipts and confirmations
Affidavits explaining how the records were generated and preserved

D. Wrong venue

Filing where no essential element occurred invites dismissal.

Avoidance: Anchor your venue to a provable element: where payment was sent/received, where delivery was supposed to happen, where representations were made, etc.

10) Settlement, restitution, and affidavits of desistance: what they do (and don’t do)

Restitution/payment can help resolve the civil injury and may influence prosecutorial discretion in practical terms, but criminal liability is not automatically erased by settlement in many cases.
An Affidavit of Desistance does not automatically dismiss estafa; prosecutors may still proceed if evidence supports probable cause, but desistance can weaken the case when the complainant is the primary witness.

11) Special situations worth knowing

A. If the accused is a corporation or business

Estafa generally attaches to natural persons who acted with deceit or who received property in trust and converted it. Complaints often name the specific officers/employees who:

Made the misrepresentations, or
Received/controlled the property, or
Directed the conversion

B. If the transaction involves “investment solicitation”

These cases often overlap with potential regulatory issues. Estafa focuses on deceit/damage; other laws may apply depending on how funds were solicited and represented.

C. If there was prior demand and partial payments

Partial payments don’t automatically defeat estafa; they can be argued both ways. The decisive issues remain deceit/entrustment, conversion, and damage.

D. Prescription (time limits to file)

Crimes under the RPC prescribe based on the penalty attached to the offense (Articles 90–91). Because estafa penalties vary with circumstances and amounts, prescription periods can vary (often 10 years, 15 years, or 20 years depending on the applicable penalty bracket). Filing a complaint can affect interruption rules, so timing matters.

12) A complainant’s practical checklist (procedure + cost planning)

Classify the theory: deceit-at-inception vs breach-of-trust conversion
Assemble evidence: transaction proof + identity proof + damage proof
Send a demand (document service and receipt)
Draft complaint-affidavit and witness affidavits; notarize
Print and organize annexes (chronological, labeled)
File at the proper Prosecutor’s Office (venue anchored to an essential element)
Track deadlines for replies and compliance
Prepare for clarificatory hearing if scheduled
If dismissed, evaluate MR/DOJ review options quickly (deadlines are strict)
If filed in court, be ready for arraignment/pre-trial/trial and for proving the civil aspect with documents and testimony

13) Bottom line on cost and procedure

Procedure: Most estafa cases begin with a complaint-affidavit at the Prosecutor’s Office, proceed through preliminary investigation, then—if probable cause is found—move to court via an Information, followed by the standard criminal process (arraignment, pre-trial, trial, judgment).
Cost: The act of filing with the prosecutor is typically not the expensive part. The real costs usually come from document preparation, notarization, logistics, and (if you retain counsel) attorney’s fees. Court-related fee assessments, if any, often relate to how the civil damages/restitution are handled and documented.