Filing Estafa and Civil Claims from Overseas: An OFW Guide (Philippines)

This is practical legal information for Filipino workers abroad. It is not a substitute for advice from your own lawyer.

1) Estafa 101 (Philippine law, quick refresher)

What is “estafa”? Estafa (swindling) is a crime under the Revised Penal Code (RPC, Art. 315) punished when someone defrauds another either by:

Abuse of confidence (e.g., you entrusted money/property “for delivery/return/administration,” and they misappropriated or denied receiving it); or
Deceit (fraudulent pretenses or acts used to make you part with money/property); including certain check-related frauds.

Key elements prosecutors look for

Deceit or abuse of confidence (lies, false pretenses, or misuse of property received in trust);
Damage or prejudice (you lost money/property or a right);
Intent to defraud (can be inferred from conduct, not just words).

Common companion or alternative cases

B.P. 22 (Bouncing Checks Law): Separate from estafa; you may file both if facts fit.
Illegal recruitment (if tied to job offers/placement fees): a special law offense; often filed with the Department of Migrant Workers (DMW) and/or DOJ.

Penalty & bail (big picture): Penalties depend on the amount defrauded (as adjusted by law). Estafa is generally bailable; BP 22 too.

2) Criminal vs. Civil: Which path, or both?

Criminal complaint (estafa): The State prosecutes; goal is punishment plus civil liability for your losses. You file a complaint-affidavit with the Office of the City/Provincial Prosecutor (National Prosecution Service). If probable cause is found, the prosecutor files an Information in court.

Civil action: You sue for money, rescission, or damages (e.g., breach of contract, fraud, quasi-delict, unjust enrichment). Goal is recovery/compensation; burden of proof is lower than in criminal.

Can you do both? Yes. Under the Rules of Criminal Procedure, the civil action is deemed included in the criminal case unless you waive, reserve the right to file separately, or already filed it first. Strategy:

If you need fast repayment leverage, filing criminal estafa can help.
If you want control over settlement/timeline, a civil suit (or small claims if eligible) may be better.
You can reserve civil claims and file them separately to avoid waiting on the criminal case.

3) Jurisdiction & venue (where cases are filed)

Criminal estafa:

You file the complaint with the prosecutor for the place where any essential element occurred (e.g., where you sent money, where deceit occurred, where property should have been returned).
If online/cyber elements are involved, the case may be raffled to courts designated to handle cybercrime; venue can include places tied to the computer system used or where harm occurred.

Civil claims:

Personal actions (collection of sum, damages): generally where plaintiff or defendant resides (plaintiff may choose).
Amount matters (court level): First-level courts have expanded jurisdiction over claims up to a statutory cap; above that goes to the RTC. (Thresholds have been updated by law—confirm the current pesos limits before filing.)
Small claims: For money claims up to the current small-claims ceiling (check latest cap—recently increased). No lawyers in hearings; streamlined process.

Barangay conciliation (Katarungang Pambarangay): Often not required if parties live in different cities/municipalities or if the offense’s penalty exceeds certain limits. Many estafa situations and all cases against juridical persons (corporations) are exempt. When in doubt, ask the court clerk or a lawyer before filing.

4) Filing from overseas: your three essential building blocks

A. Evidence kit (build this first)

Money trail: bank transfers/remittances, deposit slips, receipts, front/back of checks, payment app screenshots/exports, crypto TXIDs/addresses.
Communications: emails (.eml if possible, with full headers), chat exports (WhatsApp/FB/Viber/Telegram), SMS, call logs, recorded calls (if lawfully made), voicemails.
Documents: contracts, quotations, IDs, delivery receipts, inventory lists, acknowledgments.
Timeline memo: a dated, bullet-point chronology linking evidence to events.
Authentication: Keep original digital files (not just screenshots). For chats, use the platform’s export function. Preserve metadata. Avoid editing/annotating originals; keep a separate working copy.

B. Sworn statements (abroad)

Prepare your Complaint-Affidavit (criminal) or Verification/Certification vs. Forum Shopping and Complaint (civil).
Sign and notarize before the Philippine Embassy/Consulate (consular notarization) or have the foreign notarization apostilled (if your host country is an Apostille Convention party). If not apostille-party, request consular authentication.

C. Special Power of Attorney (SPA)

Designate a trusted attorney-in-fact (relative/friend) and/or your Philippine counsel to: file, sign, receive subpoenas/notices, appear at hearings/mediation, engage in settlement, and receive funds in trust.
Execute the SPA before a PH Consular Officer or foreign notary + apostille/consular authentication.
Courier the wet-ink originals to the Philippines.

5) How to file a criminal estafa case from overseas

Step 1: Demand (optional but often helpful) Not a formal element of all estafa forms, but a written demand (email + courier) helps show deceit/misappropriation and starts interest running. For B.P. 22, written Notice of Dishonor served on the issuer is critical.

Step 2: Prepare & notarize your Complaint-Affidavit

Attach all annexes (label A, B, C…), paginate, and initial every page.
Include names/addresses, amounts, dates, places, how deceit/abuse occurred, what damage you suffered.
Include witness affidavits and an SPA.

Step 3: Filing with the Prosecutor

Your representative (or counsel) files at the Office of the City/Provincial Prosecutor with venue. Some offices accept e-mail/e-filing, but physical filing remains standard—follow the local office’s current practice.
You’ll receive a docket number.

Step 4: Preliminary Investigation (PI)

The prosecutor issues subpoena to the respondent with your complaint and attachments.
The respondent files Counter-Affidavit; you may file Reply; respondent may Rejoinder (paper-based; personal appearance is rarely required).
After evaluation, the prosecutor issues a Resolution: (a) file Information in court, or (b) dismiss.

Step 5: Court stage

If an Information is filed, the case is raffled to the proper MTC/RTC (depending on imposable penalty).
Court may issue warrant; the accused can post bail.
Arraignment & pre-trial then trial. The Judicial Affidavit Rule streamlines direct testimony via sworn affidavits.
Courts often allow videoconferencing for appropriate hearings upon motion—useful if you remain abroad.

Tip: If the offense was online, ask counsel to consider also Cybercrime angles and digital forensics (preservation requests to platforms, chain-of-custody for devices, logs).

6) How to file a civil claim from overseas

Pick the right track

Small Claims (money only, up to the current threshold): simpler forms, quick hearings, no lawyers appear (but you can consult one to prepare). Courts may allow appearance by authorized representative or via videoconference when you’re abroad—ask the small claims court clerk.
Ordinary civil action (MTC/RTC): for collection of sum of money, rescission, damages, reconveyance, etc.

Core documents

Complaint stating: parties, jurisdiction & venue, cause(s) of action, amounts (principal, interest, damages, attorney’s fees), and prayer.
Verification & Certification vs. Forum Shopping (generally signed by the party; if signed by representative, attach SPA and explain why).
Annexes (evidence) and Computation of damages.
Filing fees are based on claim amount.

Flow

File & serve summons on defendant (personal, substituted, or other authorized modes). If defendant is abroad, service becomes complex—discuss extraterritorial service and in rem/quasi in rem strategies with counsel.
Answer (or default if no answer).
Mediation/JDR (mandatory court-annexed mediation; settlements are common in money cases).
Pre-trial and trial (judicial affidavits).
Decision; then execution (garnish bank accounts, levy property) if unpaid.

Where to file (civil):

If it’s a personal action (money/damages), venue is where you reside in the Philippines (if you have a residence) or where the defendant resides/do business. If you live abroad with no PH residence, choose the defendant’s venue or tie venue to a contractual stipulation if valid.

7) Prescription (deadlines to sue)

Criminal estafa: Prescriptive period depends on the penalty (which in turn depends on the amount). In practice, it often falls in the 10–15 years range. Counting typically starts when the offense is discovered or when the last essential act happens (e.g., refusal to return money upon demand in “misappropriation” estafa). Ask counsel to compute precisely for your facts.

Civil actions (typical):

Written contract: 10 years.
Oral contract: 6 years.
Quasi-delict (tort): 4 years.
Fraud: 4 years from discovery.
Rescission based on lesion/fraud: usually 4 years. (These are general rules; exceptions and special laws can alter timelines.)

8) Damages & money you can recover

Actual/compensatory damages: your proven loss (principal + provable costs).
Legal interest: Philippine courts commonly apply 6% per annum on money judgments—from demand or filing (the start date depends on the claim).
Moral, exemplary damages & attorney’s fees: awarded in proper cases (e.g., bad faith, fraud, need to litigate).
Restitution in criminal cases: the court may order the accused to return the amount or indemnify you.

9) If the accused/defendant is outside the Philippines

Criminal: Prosecutors can still investigate and file in court if venue lies in the Philippines, but arrest depends on the person being found in PH or via extradition/mutual legal assistance (rare for estafa unless large-scale). An Immigration Lookout Bulletin or Hold Departure Order may be possible once a case is in court (court/DOJ-dependent).

Civil: For in personam suits (to bind the person to pay), courts need valid service of summons. For non-residents abroad, consider:

Targeting assets in the Philippines (making it quasi in rem), or
Filing where the defendant actually is (foreign suit) and later recognizing/enforcing the foreign judgment in PH (or vice-versa). These are technical—coordinate with counsel early.

10) Special scenarios for OFWs

Online buy/sell & investment scams: Save platform profiles/handles, ads, listings, blockchain records, and immediately export chats and payment logs. Consider cybercrime tagging.
Recruitment/placement fee scams: Apart from estafa, explore illegal recruitment complaints (administrative/criminal) before DMW and DOJ; civil recovery against agency/surety may be available.
Checks that bounced: Preserve the original check, bank Return Slip/Notice of Dishonor, and proof of service of written notice to the issuer (critical for B.P. 22).
Employer/contract disputes: These are often labor or OFW contract matters (money claims may go to the appropriate labor agencies/tribunals); estafa may still apply if there was independent fraud.

11) Remote participation & e-service (practical tips)

Notarization abroad: Prefer PH consular notarization. If using a local notary, ensure it’s Apostilled (or consularly authenticated) so Philippine offices/courts accept it.
E-mail/e-service: Courts and prosecutors increasingly accept electronic filing/service; ask your counsel/representative to follow the current local practice.
Videoconference hearings: Often allowed for appropriate stages upon motion—very helpful if you remain overseas.

12) Costs, settlement & enforcement

Filing fees: depend on claim amount and court level; small claims fees are relatively modest.
Lawyer’s fees: usually a mix of acceptance + appearance/success fees; agree in writing.
Settlement: You can settle at any point. In criminal estafa, restitution can persuade complainants but does not automatically erase criminal liability (though it may mitigate).
Winning is not the end: For civil judgments, you still need to execute—garnish accounts, levy properties, or examine the debtor in court. Plan ahead: identify the debtor’s assets early.

13) Quick checklists & templates

A) Evidence preservation checklist

Original digital files (emails .eml/.msg, full chat exports, PDFs)
Bank/transfer proofs, receipts, check images (front/back)
Device and platform logs; notarized screenshots only as secondary support
Courier receipts for demands / notices; read-receipts where available
Chronology table tying evidence to events/amounts

B) SPA (sample clauses to include)

“To file, sign, verify and prosecute criminal complaints for estafa (and related offenses), and civil actions for collection/damages/rescission against [Name/Company];
To receive subpoenas/notices, appear in PI, mediations, and court personally or by counsel;
To negotiate/enter settlements, issue/receive payments under trust receipt for me;
To engage, pay, and substitute counsel; and
To do all acts necessary to protect my rights.”

(Execute before PH Consul or local notary + apostille/consular authentication.)

C) Demand letter (skeleton)

Facts + amounts; legal basis (fraud/misappropriation/breach)
Specific sum demanded + deadline (e.g., 10 calendar days)
Bank details for payment; warning of criminal (estafa/BP 22) and civil action
Send via email + courier to last known address; keep proof of receipt.

D) Criminal complaint-affidavit (outline)

Parties & addresses; your employment/where you are presently located
Narrative of deceit/misappropriation (who/what/when/where/how/amounts)
Attach Annexes; identify each in the affidavit
Prayer (file estafa [and BP 22 if applicable] and claim restitution/damages)
Oath/Jurat (consular or apostilled notarization).

14) Frequent questions (fast answers)

Can I file while abroad? Yes—through an SPA and consular/apostilled documents.
Do I have to appear in person? Often no for preliminary investigation; for court, videoconferencing or appearance by representative/counsel can be allowed.
Do I need barangay conciliation? Usually no if parties live in different localities or if the case/offense is exempt.
Should I file civil first or criminal first? Depends on leverage and goals. You can reserve civil claims when you file criminal, or file civil first then criminal.
Is paying me back a defense? Repayment doesn’t automatically erase criminal liability for estafa, but affects penalty and civil liability; it often drives settlement.

15) Smart next steps (practical, low-risk)

Build your evidence kit and write a clean timeline.
Execute an SPA and consular/aapostilled complaint-affidavit or civil complaint.
Choose venue (criminal prosecutor’s office / proper court).
Decide your strategy (criminal, civil, or both; reserve civil if going criminal first).
Coordinate with Philippine counsel for filing, service, and possible remote appearances.

If you want, I can turn your facts into a ready-to-file complaint-affidavit, demand letter, and SPA text that matches your situation (names, places, dates, amounts)—just share the details you’re comfortable with.