Here’s a practical, everything-you-need guide to handling a double-charging incident at a food stall in the Philippines, with angles for criminal, administrative, and civil remedies—plus templates and evidence checklists you can use immediately.

What “double charging” usually looks like

You’re billed twice for the same order (e.g., two swipes on your card/ewallet, duplicate POS entries, or a price higher than what’s displayed).
You’re quoted a price at the stall but charged more at the cashier.
You’re denied exact change or shortchanged alongside an overcharge.

Your legal options at a glance

Criminal: Estafa under the Revised Penal Code (RPC), Art. 315 (fraud/deceit) or Art. 318 (other deceits), if there’s deceit and damage.
Administrative/Regulatory: File a consumer complaint with the DTI for deceptive sales acts (Consumer Act of the Philippines, R.A. 7394), Price Tag Law violations (R.A. 71 as reinforced by the Consumer Act), and related retail rules.
Civil: Sue for refund and damages (breach of contract/quasi-delict). Often filed as Small Claims if within the current monetary cap (check the latest Supreme Court rules).

A. When is it Estafa?

Core elements (you must show all):

Deceit or fraud (panloloko) at the time of the transaction, or abuse of confidence.
Damage or prejudice to you (even a small amount counts).

How “deceit” can appear in a food-stall setting

Deliberately charging twice after representing that it’s a single payment.
Charging higher than the displayed/advertised price and misrepresenting that it’s correct.
Conspiring to conceal duplicate charges (e.g., void slip hidden, or cashier refuses to cancel/refund despite proof, patterned practice).

⚠️ Honest mistake vs. estafa: If it’s a mere cashiering error and they promptly correct/refund when shown proof, criminal estafa may not stand (lack of intent to defraud). Persistently refusing to correct, falsifying, or a pattern of overcharges strengthens a criminal case.

Possible criminal provisions

Art. 315 (Estafa)—deceit with damage. Penalties scale with the amount (as amended by R.A. 10951).
Art. 318 (Other deceits)—a fallback when conduct is fraudulent but doesn’t neatly fit specific estafa modes.

Even if the amount is small, criminal liability isn’t erased by refund alone (though restitution may mitigate penalty).

Who can be charged?

The cashier or staff who personally committed the deceit.
The owner/manager if evidence shows participation, instruction, or tolerance. (Criminal liability is personal; mere ownership without participation usually isn’t enough. For DTI/admin cases, the establishment can be liable as a business entity.)

B. Administrative route (DTI) for faster relief

Laws/Rules commonly invoked

Consumer Act (R.A. 7394): Prohibits deceptive or unfair sales acts (e.g., charging more than advertised; misrepresenting price).
Price Tag Law (R.A. 71): Requires clear price tags and that the tagged price prevails if there’s a discrepancy.
No Shortchanging Act (R.A. 10909): If they also failed to give exact change.
Price Act (R.A. 7581, as amended): In extreme cases of profiteering (usually for basic necessities/prime commodities) the DTI/DA may act.

Why use DTI?

Mediation can compel a refund and impose fines/penalties for deceptive practices.
Lower proof threshold than criminal cases; faster than court.

How to file with DTI

Gather docs (see evidence checklist below).
File a Consumer Complaint with the DTI Provincial/City Office where the stall operates or via their consumer protection channels.
Attend mediation; if unresolved, adjudication may follow.

C. Civil action (refund + damages)

Sue for breach of contract (price charged ≠ price agreed/displayed) and/or quasi-delict (negligence causing loss).
Ask for actual damages (the money lost and related expenses), and when justified, moral and exemplary damages plus attorney’s fees.
If within the Small Claims monetary cap (no lawyers required for appearance), consider filing in the first-level court where the stall is located or where you reside (venue rules apply). Always check the current cap and forms under the latest Small Claims rules.

D. Step-by-step game plan

1) On the spot

Stay calm and ask for a supervisor/manager.
Show proof of double charge (POS slip, e-wallet logs, bank SMS).
Request cancellation/refund immediately and ask for a written acknowledgment or incident report.
Record interactions (audio/video if lawful and safe) and note names/positions.

2) Preserve evidence (do this right away)

Receipt(s), itemized bill, POS merchant copy.
E-wallet/credit-card/bank app screenshots showing two identical charges (timestamps, auth codes).
Photos of price tags/menu/posted promos.
Witness statements (names, contact numbers).
CCTV request (note date/time; ask the mall/admin to preserve).
Any chat/email exchanges with the stall.

3) Send a short demand/complaint letter (optional but helpful)

Give 48–72 hours for refund and written explanation.
State that if unresolved, you’ll file with DTI and consider criminal/civil action.

4) Choose your track(s)

A. DTI complaint (quick, administrative remedies).
B. Criminal complaint for estafa (if deceit is clear).
C. Civil/small claims (refund + damages).

You can combine: e.g., DTI for quick relief and criminal complaint if facts warrant.

E. How to file a Criminal Estafa Complaint

Where to file

Office of the City/Provincial Prosecutor where the stall is located (or where the deceit occurred).

What to file

Affidavit-Complaint (narrative of facts establishing deceit + damage).
Annexes: receipts, duplicate charge proof, photos, price tags, demand letter, replies, witness affidavits, ID copies.
If you first reported to police: attach blotter and referral (not required, but helpful).

Process in brief

Filing: Submit affidavit-complaint with annexes.
Preliminary Investigation: Prosecutor issues subpoena; parties file counter-affidavits/rejoinders.
Resolution: If probable cause exists, Information is filed in court; if not, case is dismissed (you may move for reconsideration).
Trial: Arraignment → trial → judgment. Civil liability (refund/damages) is generally deemed instituted with the criminal case unless you waive/reserve/previously filed separately.

Venue & Jurisdiction

Venue is where the deceit and payment occurred (usually the stall’s location).
The penalty depends on amount defrauded under Art. 315 as amended by R.A. 10951 (amount-based brackets). The court’s jurisdiction likewise hinges on the penalty/amount involved.

Common defenses you should anticipate

No deceit (mere mistake promptly corrected).
No damage (immediate refund).
Good faith (clerical error; system glitch).
Lack of participation (owner not personally involved).
Wrong party sued (charge the cashier, not the entity; or vice-versa).

Counter these with clear timelines, duplicate transaction proofs, refusal to refund, and—if available—pattern evidence (others with similar experiences, multiple duplicate charges in the same hour/terminal).

F. DTI Consumer Complaint playbook (short version)

Prepare: Complaint form + proof of purchase + screenshots + demand letter (if any).
File: DTI office where the stall operates (or via their consumer hotline/portal).
Mediation: Aim for refund + commitment to correct practices.
Adjudication (if needed): DTI may impose fines/penalties for deceptive pricing, order refunds, or recommend other sanctions (including coordination with the LGU for permits).

G. Civil (Small Claims) route—when to pick it

When you want money back quickly and damages without proving criminal intent.
Prepare: Statement of Claim, receipts, duplicate charge proofs, demand letter, proof of identity/residence.
File in the first-level court (where you or the defendant resides, or where cause of action arose).
Lawyer appearance not required (but you may consult one to prepare your papers).
Check the current monetary cap and latest forms under the Small Claims rules before filing.

H. Evidence that wins these cases (checklist)

☐ Original receipt(s) and POS merchant/customer copies
☐ Bank/ewallet app screenshots showing two authorizations/settlements
☐ Price tag/menu photos proving the represented price
☐ Demand letter + proof of service (email, courier, or messenger delivery with timestamp)
☐ Refusal messages or statements from staff/manager
☐ Witness affidavits
☐ CCTV request/preservation letter (date/time/branch/terminal)
☐ Any pattern evidence (other customers’ statements; multiple duplicate charges)

I. Templates you can copy-paste

1) Demand/Complaint Letter to the Stall

[Date]

[Owner/Manager]
[Food Stall Name]
[Address]

Subject: Demand for Refund for Double Charging and Explanation

On [date] at approximately [time], I purchased [items] at your [location] store. I was charged twice for the same transaction, as shown by the enclosed [receipt/POS slips/bank screenshots]. The displayed price was [₱___], yet I was billed [₱___].

I demand a full refund of the duplicate/overcharged amount totaling ₱[amount] within 72 hours from receipt of this letter and a written explanation of the incident. Failing which, I will file a consumer complaint with the DTI and consider criminal and civil action without further notice.

Sincerely,
[Your Name]
[Contact Details]

2) Affidavit-Complaint (Criminal Estafa) – Skeleton

REPUBLIC OF THE PHILIPPINES )
CITY/PROVINCE OF _________ ) S.S.

AFFIDAVIT-COMPLAINT

I, [Name], Filipino, of legal age, with address at [address], after being duly sworn, depose and state:

1. On [date/time], at [stall/location], I purchased [items]. The displayed price and the price initially quoted was ₱[amount].
2. Respondent [name/position] processed my payment. I later discovered I was charged twice/charged higher than the displayed price, as shown by the attached [Annexes A–C: receipts/POS/bank logs].
3. I immediately confronted the cashier/manager. Despite notice and demand, Respondent(s) refused to cancel/refund and falsely represented that the charges/prices were correct.
4. Respondent(s) knowingly and fraudulently misrepresented the charges, causing me damage in the amount of ₱[amount]. Their acts constitute Estafa under Article 315 of the Revised Penal Code (deceit with damage), or in the alternative, Other Deceits under Article 318.
5. Attached are true copies of my evidence [list annexes].

I respectfully pray that criminal charges be filed and that I be awarded restitution and damages.

[Affiant’s Signature]
[Name]

SUBSCRIBED AND SWORN to before me this ___ day of ______, 20__, affiant exhibiting [ID details].

3) DTI Complaint – Bullet Points to Include

Parties (your name; business name; branch/location)
Transaction details (date/time, items, advertised price, charged price)
What happened upon complaint (refund refusal, statements)
Relief sought (refund, penalties, assurance it won’t happen again)
Annex list (receipts, screenshots, photos, correspondence)

J. Practical tips & pitfalls

Ask for the void/cancel slip if they say they reversed it; monitor your card/ewallet until the reversal actually posts.
Document the terminal ID and authorization codes (often on the receipt).
If it’s a mall kiosk, notify mall administration—they can nudge compliance and preserve CCTV.
Don’t exaggerate. Keep your story tight, chronological, and evidence-driven.
If you genuinely just want your money back fast, DTI first is often the most efficient route.
Barangay conciliation: Criminal estafa cases generally aren’t subject to mandatory barangay conciliation (penalties exceed the KP thresholds). But purely civil/small claims between residents of the same city/municipality may require barangay conciliation first—check your local setup.

K. What outcomes to expect

DTI: Refund, fines/penalties for deceptive sales act/price tag violations; compliance orders.
Criminal court: Possible conviction (amount-based penalties under Art. 315), plus civil liability (restitution and, when justified, moral/exemplary damages).
Civil court/small claims: Refund + costs/damages; faster judgment focused on the money.

If you want, I can turn this into filled-out DTI forms, a complete affidavit-complaint using your actual dates and evidence, or a small-claims packet (statement of claim + annex tabs).