Here’s a practical, everything-you-need-to-know guide to filing an estafa (swindling) case when someone “borrowed” a credit card and didn’t pay the charges—what facts make it criminal (vs. just civil debt), which laws could apply, how to draft and file a complaint-affidavit, venue/timelines, evidence you’ll need, defenses you’ll face, and backup civil options. No web search used; this is black-letter doctrine and standard prosecutorial practice in the Philippines.

1) First principle: Debt ≠ crime (by itself)

Simply failing to reimburse the cardholder for purchases is not automatically a crime. To make it estafa, the prosecution must show criminal intent (deceit or abuse of confidence) from the start, or misappropriation of something entrusted—not mere inability to pay later.

2) The legal hooks you may rely on

A) Estafa under the Revised Penal Code (RPC), Art. 315

The two most relevant modes are:

Deceit / false pretenses at the time of borrowing (Art. 315(2)(a)) Elements (simplified):
- Offender defrauded another by false pretenses or fraudulent acts executed prior to or simultaneously with the transaction;
- The victim relied on the deceit (e.g., allowed use of the card, paid the bank bill) and suffered damage. Examples: using a fake identity, lying that the employer/bank will pay, claiming a non-existent refund is “incoming,” presenting forged proofs of funds, or luring the cardholder with fabricated urgency to authorize large charges.
Abuse of confidence / misappropriation (Art. 315(1)(b)) Elements (simplified):
- The cardholder entrusted the offender with something (e.g., the card itself for a specific, limited purpose or money to settle the charges);
- The offender misappropriated or converted it to their own use, or denied receipt, to the prejudice of the cardholder. Examples: card given only to buy medicine worth ₱5,000, but the borrower charges ₱80,000 in gadgets; or cardholder advances bank payment and the borrower keeps cash collected “to pay the bill.”

Key prosecutorial theme: You must show deceit or breach of trust at inception—not a mere broken promise to pay.

B) Access Devices Regulation Act (ADRA, RA 8484)

Targets credit-card/access-device fraud (use of another’s card with intent to defraud, possession/use of a fraudulently obtained device, misrepresentation to obtain goods/services, etc.).
If the borrower used your card without your consent (stolen, skimmed, cloned, or kept it beyond permission), ADRA is squarely in play.
If you consented to the borrower’s use, ADRA is harder to invoke (it’s no longer “unauthorized” use)—you’ll likely fall back on estafa.

C) B.P. 22 (only if the borrower paid you with a check that later bounced)

Not about credit cards themselves, but common in settlements. If a “make-good” check bounces, that separate act can be charged.

3) When your facts look criminal (green flags) vs. civil only (red flags)

Criminal-leaning (“green”) facts

Borrower lied about identity/income/employer or forged documents to persuade you.
Borrower promised repayment from a fake source (nonexistent loan / refund / check).
You limited purpose/amount in messages; they exceeded the limit or bought resalable items (phones, gold) and flipped them.
They kept the card beyond agreed time or used it again after you revoked consent.
They admitted the bill yet vanished/blocked you and moved to evade demand.
There are multiple victims with a similar story (pattern).

Civil-only (“red”) facts

No lies at the start; borrower had been repaying for months then lost job/got ill.
All use was within your consent; no exceeding of agreed spend.
The dispute is simply about payment schedule/interest.

4) Evidence pack you should build (the stronger, the better)

Proof of entrustment/consent & limits: chats, texts, emails, voice notes saying you allowed this card for this amount/purpose/period.
Proof of deceit: screenshots of false claims, forged documents, fake IDs, misleading representations before the charges.
Card statements & charge slips (merchant, amount, timestamps); receipts of the goods/services.
Delivery/possession proofs: rider receipts, CCTV stills, messages showing the borrower received/kept the items.
Damage: your bank statements showing you paid the bank (or were charged interest/fees, surcharge).
Demands & replies: demand letter (email/registered mail), proof of service; any admissions or partial payments.
Identity trail: borrower’s full name, government ID, address/workplace, social profiles.
If ADRA theory: proof of lack of consent or revocation (e.g., “return my card now” message, report to issuer).

5) Drafting the Complaint-Affidavit (structure & key allegations)

Heading: “Affidavit-Complaint for Estafa (Art. 315[1][b]/[2][a]) [and/or Violation of RA 8484]”

Allege, in numbered paragraphs:

Your identity and the borrower’s identity.
How contact began; what they said (false pretenses) and what you allowed (scope, amount, timing).
The charging spree (dates, merchants, amounts); attach annexed statements/receipts.
The breach: exceeded limits, diverted goods, refused to return card, denied receipt, disappeared.
Damage: you paid the bank / incurred finance charges / suffered collection harm.
Attach demand letter and proof of service; narrate evasive behavior.
Prayer: file Information for Estafa [and/or RA 8484], issue subpoena, and require restitution.

Attach as Annexes: IDs, chats, statements, charge slips, receipts, delivery proofs, demand letters, proof of service, any promissory notes/checks.

Demand is not an element of estafa by deceit, but helps show bad faith and triggers admissions.

6) Where to file, who prosecutes, and venue

File your Complaint-Affidavit with the City/Provincial Prosecutor where any element occurred: where the card was borrowed, false pretenses were made (messages received), purchases happened, or where you paid and suffered damage.
The prosecutor subpoenas the respondent for counter-affidavit (preliminary investigation). After evaluation, the prosecutor issues a Resolution: file (issue Information in court) or dismiss.

Court case: If filed, it goes to the first-level court or RTC depending on the amount involved (estafa penalties are amount-scaled by law). Bail is set by the court.

Civil action ex delicto: You may claim restitution, interest, and damages within the criminal case. Alternatively, you can file a separate civil action (collection/unjust enrichment)—but don’t split your cause of action inconsistently.

7) Penalties (quick orientation)

Estafa penalties scale with the amount defrauded (updated by statute): the higher the amount, the higher the range of imprisonment and fines.
RA 8484 also carries imprisonment and fines, with aggravating treatment for organized fraud or large amounts.
Courts usually order restitution (pay back what you made the victim pay, plus proper charges).

(Exact ranges omitted here to avoid misquoting the graduated scales; prosecutors and courts apply the current statutory table.)

8) Defenses you should expect (and how to counter)

“It’s only a loan.” → Show deceit at inception or entrustment + misappropriation; point to exceeded limits, resale of goods, flight, and fabricated documents.
“Cardholder consented to all uses.” → Highlight written limits and revocation, then the excess/continued use; or stress lack of consent entirely (ADRA track).
“I intended to pay.” → Intent is inferred from contemporaneous lies, immediate resale, blocking/ghosting, and evasion after demand.
Identity defense. → Tie purchases to CCTV, delivery logs, and device geolocation/IP in messages where possible.
Partial payment. → Does not negate criminality if deceit/misappropriation is proven; it may mitigate.

9) Smart sequencing (to increase your chances)

Freeze risk & secure evidence: change card, request detailed statements and charge slips from the bank; download chats in PDF; keep metadata where possible.
Send a short, factual demand (email + registered mail) giving 5–7 days to settle; state that misuse and deceit will be referred to prosecutors.
File the criminal complaint with a clean annex set; if there’s a bounced check, file B.P. 22 in parallel.
Consider civil collection in parallel or after (strategy-dependent); avoid inconsistent allegations.
If the borrower offers settlement, insist on cashier’s check/online bank proof, not personal checks; document full satisfaction only after clearing.

10) Civil fallback: when prosecutors call it “civil”

If the prosecutor finds no deceit at inception or no entrustment, they may dismiss as purely civil. Your options:

File civil collection (sum of money) in the proper trial court or Small Claims (if within the jurisdictional cap), attaching the same evidence pack.
Ask the bank about chargeback (if fraud) or installment hardship (if you must carry the balance).
If new evidence of deceit emerges (other victims, forged ID), you can re-file or move for reconsideration within rules.

11) Practical FAQs

Q: The borrower used my card with my consent but exceeded the amount. Criminal? Possibly—if you clearly limited the permission (proof in chats) and they exceeded/misused it or refused to return the card, that leans to abuse of confidence. If consent was open-ended, it’s harder criminally.

Q: They used my card without consent. That’s ADRA territory (and potentially estafa)—unauthorized use with intent to defraud. Report also to the issuer and police.

Q: Do I need a demand letter before filing estafa? Not a strict element, but good practice—it shows bad faith and sometimes prompts admissions.

Q: What if they pay after filing? Restitution can lead to dismissal or downgrading (prosecutorial discretion); but payment doesn’t automatically erase criminal liability once the crime is consummated.

Q: Can I name the bank as complainant? If your consented transactions were later unpaid to you, you are the offended party (you bore the loss). The bank is the offended party when the bank was deceived/defrauded (e.g., stolen/cloned card).

12) Short templates you can adapt

A) Demand (email + registered mail)

Subject: Final Demand – Misuse of Credit Card Ending ••••1234 You used my credit card on [dates] totaling ₱[amount] for [items], despite our agreement limiting your use to [limit/purpose]. I already paid/was charged by the bank. Your failure to reimburse and your misrepresentations constitute estafa/credit-card fraud. Pay ₱[amount] within [5] days or coordinate a settlement schedule in writing. Otherwise, I will file criminal charges and pursue civil collection, with evidence attached.

B) Complaint-Affidavit skeleton (prosecutor)

I am [Name/Address/ID]. Respondent is [Name/Address/ID].
On [date], respondent requested to borrow my credit card (ending ••••1234) solely for [purpose/limit].
Respondent falsely represented [specific lies/forged docs]; relying thereon, I allowed use.
Respondent charged ₱[amount] at [merchants] on [dates], exceeding/contrary to our agreement, then kept/ resold the goods and refused to reimburse/return the card.
I paid/was charged by the bank (Annex __). Total loss ₱[amount] plus charges (Annex __).
Despite demand (Annex __), respondent evaded payment.
These acts constitute Estafa (Art. 315[1][b]/[2][a]) [and RA 8484]. Prayer: file Information and order restitution.

(Attach annexes: chats, statements, charge slips, receipts, demand proof, IDs.)

13) Clean-hands tips (avoid blowback)

Keep allegations fact-based; avoid public shaming posts (risk of libel/data-privacy trouble).
Do not embellish amounts or forge “receipts” (you’ll nuke your own case).
If the borrower is a minor, route through PNP–WCPD and social workers; criminal liability rules differ.

Bottom line

To criminalize “unpaid borrowed credit-card charges,” you need proof of deceit at inception or abuse of confidence/misappropriation—not mere non-payment.
Choose the correct theory: Estafa (deceit or breach of trust) and, if unauthorized use, add RA 8484 (ADRA); tack on B.P. 22 only if a settlement check bounced.
Win on documents: written limits/consent, lies before charging, statements, proof of delivery/possession, demands, and your actual bank payments.
File with the Prosecutor where any element happened; pursue restitution in the criminal case, with civil collection as fallback.

If you want, share a timeline, screenshots (redact card numbers), amounts, and where the use occurred. I’ll turn that into a ready-to-file complaint-affidavit (plus a tight demand letter) tailored to your facts.