A practical, fully Philippine-context guide for victims, travel professionals, and investigators.

What is “estafa” in this context?

“Estafa” (swindling) under Article 315 of the Revised Penal Code (RPC) punishes defrauding another by deceit or abuse of confidence, causing damage or prejudice. A fake travel itinerary scenario typically involves a person or agency issuing or selling a fabricated flight or tour booking—often to secure payment, a visa, or an employer’s travel clearance—knowing it is false, and causing the victim to part with money or suffer other loss.

Common fact patterns:

Selling a “confirmed” flight package that turns out to be a dummy or unbooked itinerary.
Issuing an altered or fabricated e-ticket/PNR that airlines do not recognize.
Promising visa assistance with “book-now-pay-later” itineraries that are never actually reserved, leading to visa denial and financial loss.
Using non-existent consolidators or forged ticket receipts to collect payments.

Elements of Estafa (by deceit) for Fake Itineraries

To sustain criminal liability, prosecutors typically look for these four elements:

False pretense or fraudulent act
- E.g., representing that airfare or tour is booked/confirmed; presenting forged itinerary/e-ticket; claiming agency accreditation that does not exist.
Prior or simultaneous deceit
- The misrepresentation must induce the victim to part with money/property or to take action they otherwise would not (e.g., pay a deposit, submit documents).
Reliance and consent
- The victim relied on the false representation (paid, surrendered passport, canceled other plans).
Damage or prejudice (actual or potential)
- Monetary loss (price, deposits, fees), opportunity loss (missed travel, lost leave), reputational harm (work sanctions for “no-show”), or visa consequences.

Note: If the document itself is falsified (e.g., fabricated e-ticket or itinerary), falsification (Art. 172, RPC) and use of falsified documents may be charged in addition to estafa. If done online or via electronic means, offenses may also fall under the Cybercrime Prevention Act (RA 10175), with electronic evidence rules applying.

Who can be liable?

Travel agents/agencies (registered or unregistered), ticketing “consolidators,” freelancers, or anyone who solicits payment for bookings/itineraries.
Employees who act in behalf of agencies may incur individual liability if they personally deceive.
Accomplices/Conspirators, e.g., someone who provides forged templates or collects payments.

Good-faith middlemen who reasonably believed bookings were valid and promptly refunded upon discovery may invoke lack of deceit; this is factual and assessed on evidence.

Evidence: What prosecutors and courts look for

Proof of payment: receipts, bank transfers, GCASH/PayMaya confirmations, screenshots.
Communications: emails, chats, SMS, call logs—showing promises, confirmations, instructions.
Documents received: itineraries, e-tickets, PNRs, booking references, agency IDs/accreditations.
Verification results: airline “not found/canceled” replies, travel supplier confirmations, screenshots of PNR lookups.
Consequences: visa denial letters citing invalid bookings; employer memos; rebooking costs.
Identity/traceability: IDs of the seller, social-media pages, website, business registration (if any), pickup locations, delivery riders, CCTV.

Electronic communications and screenshots are admissible under the Rules on Electronic Evidence (authentication is still required—e.g., testimony, metadata, custodian).

Criminal Penalties (overview)

Estafa penalties under Art. 315 scale primarily with the amount defrauded, as amended by RA 10951 (2017). The higher the amount, the higher the penalty range (from prisión correccional up to prisión mayor in the more serious brackets), plus fines. Because the exact brackets and computations are technical and periodically interpreted by the courts, prosecutors typically state the defrauded amount, and the court imposes the corresponding range at sentencing.

Other consequences:

Restitution and civil liability (reimbursement, damages, interest).
Ineligibility for probation if the imposed sentence exceeds the statutory ceiling for probation (generally, sentences over 6 years are not probationable).
Bail: Estafa is bailable as a matter of right before conviction; the court sets the amount.

Prescription: Estafa generally prescribes depending on the penalty applicable (often 10 or 15 years under Art. 90, RPC, depending on whether the imposable penalty is correctional or afflictive). The civil action for damages due to fraud under the Civil Code usually prescribes in 4 years from discovery.

Venue and Jurisdiction

Estafa is a transitory offense. You may file the criminal complaint in any place where an essential element occurred, such as:

Where payment was made or received,
Where deceitful representations were made (online messages included),
Where the fake itinerary was issued or used (e.g., for visa filing).

City/Provincial Prosecutor’s Offices have jurisdiction over preliminary investigation. If online/跨-jurisdictional, specialized cybercrime units (e.g., NBI-CCD, PNP-ACG) may assist.

Filing a Criminal Complaint: Step-by-Step

Organize your evidence
- Payments, chats, emails, screenshots of PNR verification, airline/who-issued confirmations, IDs of the seller, marketing posts, and any witnesses.
Draft an Affidavit-Complaint
- Narrate facts chronologically: inquiry → representations → payments → documents received → verification → discovery of falsity → demands → damages.
- Attach all annexes, label them clearly (Annex “A” receipts, “B” chat logs, etc.).
- Include the exact amount paid and other quantifiable losses (rebooking fees, service charges).
File with the Office of the City/Provincial Prosecutor
- Submit Affidavit-Complaint and annexes. If respondent’s address is known, include it for subpoena.
- Pay minimal filing/admin fees if required.
Preliminary Investigation
- Subpoena to the respondent for a Counter-Affidavit.
- Reply/Rejoinder cycle (if allowed).
- Resolution: dismissal or filing of Information in court.
- If an Information is filed: Arraignment → Pre-trial → Trial → Judgment.
Parallel/Ancillary Actions (as appropriate)
- NBI/PNP Cybercrime referral for online schemes, IP tracing, and preservation requests.
- Consumer complaints:
  - DTI (Consumer Act) for unfair/deceptive sales by sole proprietors,
  - SEC for corporations/partnerships,
  - DOT regarding accreditation issues for travel enterprises,
  - Airline fraud desk (to document PNR status and potential blacklist of the issuing party).
- Civil action for damages (may be filed separately or deemed instituted with the criminal case).
  - For purely monetary recovery with smaller amounts, consider Small Claims (subject to current jurisdictional amount; filing is simplified and lawyer appearance is optional).

Barangay conciliation? Criminal estafa is generally not subject to barangay conciliation when the offense carries a penalty exceeding one (1) year imprisonment or a fine over ₱5,000; moreover, criminal actions of this nature are typically excluded. When in doubt, proceed to the Prosecutor’s Office.

Civil Liability and Damages

Even without or alongside the criminal case, victims may pursue:

Actual damages: amounts paid, incidental expenses (courier, transport, rebooking).
Moral damages: anxiety, humiliation (subject to proof).
Exemplary damages: to deter similar fraud, when warranted.
Interest and attorney’s fees per court rules.

If the accused reimburses the amount, criminal liability does not automatically extinguish; restitution may mitigate penalties but does not erase the crime once completed. Novation (changing terms of obligation) after the crime is consummated generally does not bar prosecution; however, pre-crime arrangements or genuine civil disputes without deceit can negate estafa.

Defenses commonly raised (and how they’re evaluated)

No deceit / good faith: Accused believed bookings were valid; relied on a third-party consolidator; promptly refunded upon learning of issues. (Courts look for diligence and contemporaneous proof.)
No damage: Victim fully refunded before complaint; no actual loss. (Potential damage often suffices, but actual loss strengthens the case.)
Civil breach only: Mere failure to deliver without fraudulent misrepresentation. (If the case is a pure civil breach of contract with no prior deceit, estafa may not lie.)
Victim awareness: If the victim knew it was a temporary/dummy itinerary for visa filing and accepted the risk/terms, deceit may be harder to prove—unless the itinerary itself was falsified or the seller misstated material facts (e.g., “refundable/valid PNR” when not).

Practical Tips for Victims

Verify PNRs directly with the airline’s website or call center before paying the full amount.
Pay via traceable channels (bank transfer, reputable e-wallets) and avoid cash-only deals.
Screenshot everything, including profile pages and timestamps.
Send a demand letter (optional but helpful) requesting refund within a definite period; this may evidence deceit when refused or ignored.
Move quickly to preserve chats/emails and request airline confirmations in writing.
Coordinate with cybercrime units if accounts are anonymous or offshore.

Sample Affidavit-Complaint Outline (for guidance)

Parties and Identification
Jurisdiction and Venue (where acts occurred, online channels used)
Narration of Facts (chronology with dates, amounts, representations made)
Deceit and Reliance (how the misrepresentation induced payment)
Damage/Prejudice (itemized amounts, opportunity loss, visa impact)
Criminal Law Basis (Art. 315 RPC; add falsification/cybercrime if applicable)
Prayer (criminal prosecution and restitution/civil damages)
Annexes (receipts, chat logs, airline confirmations, IDs, screenshots)

Have the affidavit notarized or subscribed before a prosecutor or authorized officer, and attach a government ID.

For Travel Businesses: Compliance Pointers

Maintain DOT accreditation (if applicable), DTI/SEC registration, official receipts, and clear terms and conditions.
Use verifiable booking systems; provide authentic PNRs and receipts.
Avoid “visa package” claims that guarantee outcomes or rely on dummy bookings without disclosure.
Keep refund policies clear and promptly act on booking failures to avoid any appearance of deceit.

Frequently Asked Questions

Is a “dummy itinerary” always criminal? No. If clearly disclosed as a non-ticketed reservation for visa filing and no payment is induced by false claims (and no falsification is committed), it may be a civil/contractual issue at most. It becomes estafa when there is deceit and damage.

Can I file if the seller is in another city or only transacted via Facebook? Yes. File in any venue where an element occurred, including where you paid or received the fake itinerary. Provide screenshots, profile links, and payment records.

What if I got a refund? You can still pursue a case if deceit and damage already occurred, but refunds may affect penalties and damages and sometimes lead victims to opt for civil settlement.

Can I pursue both criminal and civil remedies? Yes. Civil action is deemed instituted with the criminal case unless waived or reserved; or you may file a separate civil action for damages.

Bottom Line

A fake travel itinerary case typically becomes estafa when someone knowingly misrepresents a booking or itinerary to induce payment or action, and the victim suffers loss or prejudice. Build your case around proof of deceit, reliance, and damage; file a well-documented affidavit-complaint with the Prosecutor’s Office, and consider parallel agency complaints and civil remedies. When the itinerary itself is fabricated or altered, expect falsification and cybercrime angles to be considered as well.

This article provides general information, not legal advice. For specific cases, consult counsel to evaluate evidence, venue, and strategy based on current rules and thresholds.