The Costs of Filing an Estafa Case in the Philippines: A Complete Guide

Estafa (swindling) is penalized under Article 315 of the Revised Penal Code (as amended by later laws adjusting penalty thresholds). Complainants often ask a practical question at the outset: how much will this actually cost? Below is a comprehensive, step-by-step breakdown of expenses you can expect from first consult through judgment and execution, plus strategies to manage or recover costs.

Quick takeaway: For complainants, there is generally no court “filing fee” to start the criminal case because the People of the Philippines is the plaintiff. Most out-of-pocket expenses arise from lawyer’s fees, document preparation, travel/time costs, and (if you pursue damages) the civil aspect’s fees.

1) Where costs arise in an estafa case

A. Pre-complaint stage (before the prosecutor)

Initial legal consultation. Commonly charged as a flat consult fee or credited toward an acceptance fee if you hire the lawyer.
Drafting the Complaint-Affidavit & annexes. Professional fees for preparing a detailed narrative, attaching documentary proof (receipts, contracts, messages), and organizing exhibits.
Notarization. Each affidavit and witness statement must be notarized; rates vary by city and document length.
Supporting documents.
- Certified true copies from government registries or banks.
- Printing, scanning, and certified photocopies.
Evidence collection costs. Forensic imaging of devices or message exports, private investigators (optional), translations, or transcription.
Barangay proceedings (if applicable). Some disputes require barangay conciliation as a condition precedent (generally when both parties are natural persons residing in the same city/municipality and the offense falls within coverage). Many estafa complaints, due to penalties or party status (e.g., a corporation as complainant), are exempt—but when required, no substantial fees are typically charged beyond incidental costs.

B. Prosecutor’s Office (Inquest or Preliminary Investigation)

Filing the criminal complaint: No filing fee is ordinarily charged to the complainant at the prosecutor’s level.
Service of subpoenas / mailing: Typically handled by the prosecutor; incidental delivery or courier costs may arise for sending your own copies to counsel or witnesses.
Attorney’s fees for the prosecutor phase: May be flat or staged (per draft filed or per conference/appearance).
Sworn statements of additional witnesses: Notarization and preparation fees.

Inquest vs. regular filing:

Inquest (warrantless arrest) moves quickly; counsel may charge a premium for urgency.

Regular filing (no arrest yet) goes through preliminary investigation with set deadlines for counter-affidavit and replies; fees align with the number of submissions.

C. Trial Court (after Information is filed)

Court filing fees: For the criminal case itself, complainants do not pay filing fees—the prosecution is in the name of the People.
Civil aspect of the crime: The civil action for damages is “deemed instituted” with the criminal case unless waived, reserved, or already filed separately.
- Docket fees for the civil aspect may be assessed based on the damages you claim. Practices vary: courts may collect upon arraignment/pre-trial, upon presentation of evidence on damages, or before execution of a monetary award.
- If you reserve the civil action and file a separate civil case, you will pay full civil docket fees at filing in the proper court.
Mediation/settlement costs (if referred): When the civil aspect is mediated (court-annexed mediation or judicial dispute resolution), there can be modest mediation fees and logistical expenses (copies, travel).
Private prosecutor fees: If you engage your own counsel to actively assist the public prosecutor in court, expect appearance fees per hearing, plus drafting time for motions, trial briefs, and preparation of witnesses.
Witness costs:
- Per diem and travel for private witnesses (often minimal and governed by rules or court practice).
- Expert witnesses may charge professional and appearance fees.
Incidental litigation costs: Subpoena duces tecum requests, sheriff’s service fees for certain processes, certified transcript orders, and copy fees.

D. Post-judgment and Execution

Writs and enforcement: If you obtain a judgment for damages, you may need to advance sheriff’s fees/ deposits for levy, garnishment, or asset searches.
Further motions / appeals: Additional attorney’s fees and copy/transmittal expenses if the case is elevated.

2) Typical cost categories & how they add up

Here’s how most complainants see expenses accumulate:

Professional (legal) fees
- Acceptance/retainer for handling the case.
- Drafting: complaint-affidavit, replies, position papers.
- Per-appearance fees in court.
- Strategy conferences and evidence review.
Document & evidence costs
- Notarization of affidavits.
- Certified true copies (banks, registries, agencies).
- Printing, binding, scanning, secure digital storage of exhibits.
- Chain-of-custody packaging, forensic imaging, or expert reports (if needed).
Civil aspect fees
- Docket fees pegged to claimed damages (actual, moral, exemplary, attorney’s fees) if collected during the criminal case or in a separate civil filing.
Hearing logistics
- Transportation, meals, lost work time for you and witnesses.
- Occasional courier services.
Execution costs (if you win damages)
- Sheriff’s fees, publication (rare), asset tracing support.

No “bond” required from complainants. Bonds (e.g., bail) are for the accused, not the complainant. You only post bonds if you seek special provisional remedies in a separate civil action (e.g., attachment), not in the criminal prosecution itself.

3) Special cost issues unique to estafa

Valuation matters. Estafa penalties and the civil claim both turn on the amount defrauded. The larger the claim, the higher the potential civil docket fees (if and when collected) and the greater the incentive to fund expert accounting, forensic audits, or banking record requests.
Corporate victims. If the complainant is a corporation, barangay conciliation usually does not apply, trimming time (and incidental costs) but emphasizing the need for corporate board authority documents and authenticated records.
Digital evidence. Many estafa schemes ride on e-mails, chats, and e-wallets. Preserving metadata (hashes, exports, device imaging) may require paid forensic services—worth the cost when authenticity will be contested.
Multiple accused or multiple incidents. Your lawyer may structure pleadings to reflect separate counts or consolidated evidence; costs scale with complexity.

4) Cost planning by stage (practical checklist)

Stage 1 – Consult & Build the File (₱: variable)

Engage counsel for a feasibility review.
Compile contracts, receipts, bank slips, chats; get certified copies where available.
Prepare and notarize the complaint-affidavit and witness affidavits.

Stage 2 – Prosecutor’s Office (₱: mainly lawyer time + notarization)

File the complaint (no prosecutor filing fee).
Attend clarificatory meetings if called.
Manage replies/counter-affidavits.

Stage 3 – Trial (₱₱: lawyer’s appearances + potential civil fees)

Decide whether to keep the civil aspect with the criminal case or reserve and file a separate civil suit.
Budget for appearance fees, witness prep, and possible mediation costs.
Anticipate collection of civil docket fees at some point if you claim damages.

Stage 4 – Execution (₱: sheriff & enforcement)

If you win damages, prepare enforcement funds (sheriff’s fees/deposits).
Consider asset discovery support for faster recovery.

5) Strategies to control or recover costs

Make an early evidence map. Well-indexed proof reduces lawyer time and hearings.
Be surgical with damages. Claim what you can prove; over-claiming can increase fees and backfire at trial.
Leverage admissions and paper trails. Demand letters, receipts, and bank certifications often narrow the issues.
Consider settlement windows. Court-annexed mediation on the civil aspect can cut litigation length and cost if recovery is realistic.
Private prosecutor only when needed. Public prosecutors handle the case; a private prosecutor adds advocacy bandwidth but at a price.
Track every peso. Maintain a cost ledger (legal fees, copies, travel). Courts may award attorney’s fees and costs in proper cases; a clean record helps justify them.
Protect digital evidence. Use read-only exports and preserve metadata to avoid repeat expenditures for re-collection.

6) Frequently asked questions

Q: Do I pay a filing fee to start an estafa case? A: Not at the prosecutor’s office and not for the criminal information itself in court. Your main early costs are lawyer’s fees, notarization, and document procurement.

Q: When do civil docket fees come in? A: If you pursue damages with the criminal case, courts may require payment of fees tied to the amount claimed, either during proceedings or before execution of a monetary award. If you instead reserve and file a separate civil case, you pay the civil filing fees at the moment of that filing.

Q: Can I recover my costs? A: Courts may award actual damages (receipted losses) and, in proper cases, moral/exemplary damages and attorney’s fees/costs. Collection requires finding assets; budget for enforcement.

Q: Is barangay conciliation required? A: Often not for estafa (due to party status or penalty), but it depends on residence, party type, and penalty range. If required and skipped, your case can be dismissed without prejudice—ask counsel to screen this early.

Q: What about bail—do I shoulder that? A: No. Bail is the accused’s obligation.

7) Sample budget planner (customize to your case)

Pre-complaint bundle: consultation + drafting + notarization + certified copies.
Prosecutor phase: lawyer time for filings and conferences.
Trial phase: appearance fees × expected hearings; witness travel; potential mediation fee; possible civil aspect docket fees.
Execution: sheriff’s deposit and incidental enforcement costs.
Contingencies: expert opinions (forensic/accounting), translations, additional certified records.

Tip: Ask your lawyer for a phase-based fee quote (Prosecutor Phase, Trial Phase, Execution Phase) with trigger points for additional work (e.g., complex motions, special remedies).

8) Professional caveat

This overview is for general information on Philippine practice. Exact amounts and timing of fees vary by venue, court, and the evolving schedule of legal fees and rules. For a precise quotation and to structure claims (especially the civil aspect) to minimize surprises, consult counsel with your documents in hand.