Bottom line: You may pursue criminal estafa when someone induces a double payment through deceit or knowingly keeps a second payment made by mistake and refuses to return it despite demand. But many double-payment disputes are purely civil (refund/“sum of money”) unless you can prove deceit (fraud) or misappropriation beyond a reasonable doubt. This guide explains the legal theories, evidence, and the exact complaint workflow—plus practical templates you can use.

1) The legal theories you can use

A) Estafa by deceit (false pretenses)

Applies when the payee fooled you into paying again (e.g., falsely claiming the first payment was not received). Elements (simplified):

Deceit (false representation or fraudulent act) prior to or at the time of payment;
Reliance by the victim;
Damage (the double payment).

Typical proof: chats/emails where the payee denies receiving the first payment; internal ledgers showing prior receipt; bank proofs.

B) Estafa by misappropriation or conversion (abuse of confidence)

Applies when the second payment was made by mistake (e.g., duplicate bank transfer), the recipient knew it was not due, and kept or used it instead of returning it. Key ideas:

The law punishes appropriating money one is obliged to return.
A duplicate payment creates a legal duty to return the excess. Demand isn’t an element but strong evidence of wrongful intent if the recipient refuses or evades.

Typical proof: bank statements showing the duplicate credit; your prompt notice of the error; recipient’s refusal to refund.

⚖️ If there was no deceit and the payee promptly offers to return (or reasonably disputes whether it’s “extra”), prosecutors often treat it as civil (unjust enrichment/solutio indebiti), not criminal.

2) Criminal vs. civil: how to choose (or combine)

File criminal estafa when you have clear evidence of deceit or intentional misappropriation (lies, concealment, evasive conduct after notice).
File civil (sum of money/unjust enrichment) when it’s a billing/ accounting mistake with no fraud.
You can pursue both: the civil action may be impliedly instituted with the criminal case unless you reserve it or have already filed separately. Strategically, many start with a demand letter (below), then decide.

3) Evidence checklist (build this before filing)

Payments & money trail

Bank proofs for both payments (screenshots + official statements), check stubs, receipts, ORs, payment acknowledgments.
The original invoice/contract or agreement showing the amount due, dates, and purpose.

Deceit/misappropriation

Chats, emails, messages showing: (a) denial of first payment or (b) refusal/evasion to return the duplicate after notice.
Any admissions (e.g., “we received two deposits” but still withholding).

Identity & authority

IDs/corp papers of the payee; proof that you dealt with an authorized representative.

Demand

Demand letter with proof of service (courier registry, email read receipt). Set a clear deadline and a refund method.

4) The prosecutor complaint process (step-by-step)

Prepare a Demand Letter (optional but powerful)
- Give 7–10 calendar days to refund to a specified account.
- State that failure to refund will lead to estafa and civil claims.
Draft your Affidavit-Complaint
- Narrate the timeline: first payment, second payment, deceit or error noticed, notice to refund, refusal.
- Attach all documentary exhibits, label them clearly (Annex “A”, “B”, …).
File with the Office of the City/Provincial Prosecutor
- Venue: where any element occurred (payment, deception, receipt, or your domicile if allowed by rule/practice), or where the accused resides/operates—choose what suits your proofs.
Docketing & Subpoena
- Prosecutor issues a subpoena with your annexes; the respondent files a Counter-Affidavit (with annexes).
Reply/Rejoinder (paper clarifications)
- You may submit a Reply-Affidavit addressing defenses (e.g., “it’s civil,” “no deceit,” “we already offered refund”).
Resolution
- Prosecutor dismisses (for lack of probable cause) or finds probable cause and files an Information in court.
Court stage
- Bail (usually recommended unless bailable as a matter of right, depending on penalty band).
- Arraignment & Pre-trial; possible mediation on the civil aspect.
- Trial on the criminal charge; restitution may mitigate but does not automatically erase criminal liability.

Tip: If the respondent refunds in full promptly and you accept, you can move to withdraw or focus on civil settlement—depending on your objective.

5) What you must prove (and common defenses)

You must prove:

Second payment occurred and was not due;
Deceit (for false pretenses) or knowing appropriation + failure/refusal to return (for misappropriation);
Damage (the excess amount, incidental costs).

Common defenses:

Good-faith dispute (e.g., they claim the “first payment” wasn’t actually received/credited to your account).
Accounting set-off (they say they applied the duplicate to another charge you owed).
Immediate offer to refund (negates criminal intent).
Mistaken identity/authority (you paid a different entity/agent).

Your counter-moves:

Match value dates and reference numbers across both sides’ bank records.
Show lack of any other payable at the time of the duplicate.
Emphasize post-notice conduct (stonewalling, evasions, contradictions).

6) Penalties, restitution, and prescription (high-level)

Penalties for estafa are amount-based (recalibrated by later laws), generally ranging from prisión correccional to prisión mayor, plus fine—the higher the amount, the higher the band.
Restitution (return of money) reduces civil liability and may be a mitigating circumstance but does not, by itself, erase criminal liability once the offense is consummated.
Prescription (time limits): Estafa generally prescribes within years, not months (band depends on penalty applicable to the amount involved). Civil actions (e.g., solutio indebiti) typically prescribe in six (6) years from discovery of the mistake.

Practical tip: Don’t cut it close—send demand quickly and file early if stonewalled.

7) Parallel/related remedies

Civil case for sum of money (with damages and attorney’s fees).
Small claims if the amount falls within the current cap (no lawyers required; fast timelines).
Negotiated settlement (installments, escrow, post-dated checks).
- If you accept a refund check, and it bounces, you may add a BP 22 (Bouncing Checks Law) angle—separate from estafa.

8) Strategy playbook (what usually works)

Paper the record: Send a crisp, professional demand with a firm deadline and refund instructions.
Lock the money trail: Get bank certifications (not just screenshots).
Freeze the story: Export the complete chat/email threads (with headers, timestamps).
Offer an easy exit: Provide a no-fault refund option (waiver of criminal action upon full refund) for a short window—this often triggers repayment.
Escalate decisively: If ignored, file the estafa complaint with a well-organized annex file; consider civil in parallel.

9) Templates you can adapt

A) Short Demand Letter (double payment)

[Date]

[Name/Company of Payee]
[Address / Email]

Subject: Demand for Immediate Refund of Duplicate Payment – [Invoice/Ref No.]

Dear [Name]:

On [date], we paid ₱[amount] for [invoice/purpose] via [mode, bank, reference no.]. On [date], due to [clerical/bank processing error], a second payment of the same amount was transmitted (Ref: [no.]). Both cleared into your account.

As only one payment was due, please refund the excess ₱[amount] to the account below within seven (7) calendar days from receipt of this letter:

[Bank details / preferred mode].

Absent timely refund, we will file the appropriate **criminal (estafa)** and **civil** actions, without further notice. This is without prejudice to damages and costs.

Very truly yours,
[Name / Position]
[Company]
[Contact info]

B) Affidavit-Complaint (outline)

AFFIDAVIT-COMPLAINT FOR ESTAFA

I, [Name], of legal age, [citizenship], [address], state:

1. Relationship/Background. I dealt with [Respondent/Company], represented by [Name/Title], regarding [nature of transaction], with Invoice/Contract No. [___].

2. First Payment. On [date/time], I paid ₱[amount] via [mode]. Annex “A” (proof of payment). Respondent acknowledged receipt. Annex “B” (acknowledgment/receipt).

3. Deceit / Duplicate Payment. On [date], Respondent falsely claimed non-receipt and demanded another payment / or Due to a processing error, a second payment of ₱[amount] was transmitted on [date]; Respondent was immediately notified. Annexes “C–D”.

4. Misappropriation/Refusal to Return. Despite written demand dated [date] (Annex “E”) duly received on [date], Respondent refused to return the duplicate, and instead kept/used the same, causing me damage of ₱[amount], exclusive of costs and interest.

5. Prayer. I respectfully pray that Respondent be prosecuted for **Estafa** under the Revised Penal Code, and that civil liability for ₱[amount], plus damages, interest, and costs, be awarded.

I certify the truth of the foregoing and that I am executing this affidavit to support criminal charges.

[Signature over Printed Name]
[Date]

JURAT
(Subscribed and sworn before a notary public…)

10) Practical FAQs

Is a demand letter required for estafa? Not an element, but it powerfully shows wrongful intent and gives a clear deadline and refund channel.

What if the payee offers to offset the duplicate against another payable? If you agree, document it. If you don’t owe anything else, insist on a refund; unilateral set-off is a common but weak defense without your consent.

Can I file with the police/NBI instead of the prosecutor? You typically file directly with the City/Provincial Prosecutor. Police/NBI can receive a complaint and assist in gathering evidence, but filing for inquest usually needs a recent arrest; otherwise it goes to regular preliminary investigation.

Will partial refund kill my case? Not automatically. It mitigates exposure but does not erase consummated fraud. Many cases settle upon full restitution plus costs.

How long do these cases take? Timelines vary. The most controllable time is before filing: gather airtight evidence, demand promptly, then prosecute decisively if stonewalled.

11) Key takeaways

Criminal estafa fits double payment cases with deceit or knowing misappropriation—otherwise, it’s likely civil.
Your best leverage is a clean evidence file (payments, messages, and a firm demand).
The prosecutor workflow is linear: Affidavit-Complaint → Counter-Affidavit → Resolution → Court.
Restitution helps but doesn’t automatically bar prosecution once the offense is complete.
Pair the case with a civil claim (or small claims within the cap) to maximize recovery.

If you want, give me your payment dates, amounts, and proof types (bank screenshots, emails, chats), and I’ll map your annex list, refine the affidavit narrative, and tailor a venue & filing plan.