In common parlance, Filipinos often use the terms "scam" and "estafa" interchangeably. When someone is victimized by a fraudulent investment scheme or a bounced check, the immediate cry is often that they have been "scammed." However, from a legal standpoint in the Philippines, these terms occupy different spaces. While "scam" is a colloquial catch-all for various forms of deceit, Estafa is a specific criminal offense defined and penalized under the Revised Penal Code (RPC) and specialized laws.
1. The Legal Definition of Estafa
Under Article 315 of the Revised Penal Code, Estafa (Criminal Deceit) is committed by any person who defrauds another by any of the means mentioned in the law. To secure a conviction for Estafa, the prosecution must generally prove two essential elements:
- Deceit: The use of false pretenses, fraudulent acts, or fraudulent means.
- Damage: The victim must have suffered pecuniary (monetary) loss or damage capable of pecuniary estimation.
2. Common Modes of Committing Estafa
The law categorizes Estafa into three main types based on how the fraud is executed:
- With Unfaithfulness or Abuse of Confidence: This occurs when a person receives money, goods, or any other personal property in trust, or on commission, or for administration, and then misappropriates or converts it to their own use. (Example: A jeweler takes your diamond to sell it but keeps the money).
- By Means of False Pretenses: This is the most common "scam" scenario. It involves using a fictitious name, pretending to possess power, influence, qualifications, or imaginary transactions. (Example: Someone pretending to be a licensed recruiter for overseas work).
- Through Fraudulent Means: This includes acts like inducing someone to sign a document through deceit or removing/concealing records.
3. The "Scam" Landscape: Special Laws
While "scam" is not a formal crime in the Revised Penal Code, many modern fraudulent activities fall under special penal laws that provide harsher penalties than standard Estafa.
A. Estafa in Relation to PD 1689 (Syndicated Estafa)
If Estafa is committed by a syndicate of five or more persons, and the fraud results in the misappropriation of funds contributed by stockholders or members of the general public, it is elevated to Syndicated Estafa.
- Penalty: Life Imprisonment to Death (though the death penalty is currently prohibited, life imprisonment is non-bailable).
B. BP 22 (Bouncing Checks Law)
While often associated with Estafa, the issuance of a check without sufficient funds is specifically governed by Batas Pambansa Bilang 22. A person can be charged with both Estafa (for the deceit) and BP 22 (for the act of issuing the worthless check) simultaneously.
C. The Cybercrime Prevention Act (RA 10175)
In the digital age, most "scams" occur online (phishing, online selling fraud, investment pyramids). Under RA 10175, if a crime punishable under the Revised Penal Code (like Estafa) is committed by, through, or with the use of information and communications technologies, the penalty is one degree higher than what is provided in the RPC.
4. Key Differences: Scam vs. Estafa
| Feature | "Scam" (Colloquial) | Estafa (Legal) |
|---|---|---|
| Origin | Social and informal terminology. | Defined under Art. 315 of the Revised Penal Code. |
| Legal Standing | Cannot be used as a formal charge in court. | A specific criminal charge used in Information/Complaints. |
| Scope | Broad; includes petty lies, bad deals, and heavy fraud. | Narrow; requires specific elements of deceit and damage. |
| Remedy | Generally refers to the situation. | Leads to criminal prosecution and civil liability. |
5. Elements of Proof
To distinguish a mere civil obligation (a "debt") from Estafa, the timing of the deceit is crucial:
- Fraudulent Intent: In Estafa by false pretenses, the deceit must be prior to or simultaneous with the commission of the fraud. If the intent to defraud arose only after the money was legally received, the case might be civil in nature (collection of sum of money) rather than criminal.
- Abuse of Confidence: There must be a legal obligation to deliver or return the specific item received.
6. Penalties and Gravity
The penalties for Estafa were significantly adjusted by Republic Act No. 10951 in 2017 to reflect modern currency values. The duration of imprisonment now depends strictly on the amount defrauded.
- Small amounts: May result in Arresto Mayor (1 month and 1 day to 6 months).
- Large amounts: Can lead to Prision Correccional to Prision Mayor (up to 12 years or more, depending on the scale).
7. Civil vs. Criminal Aspect
A victim of a "scam" or Estafa can pursue two things in a criminal case:
- Criminal Liability: The imprisonment of the perpetrator to satisfy the offense against the State.
- Civil Liability: The "restitution" or "reparation" of the amount lost (the actual money scammed), plus damages.