Filing an Estafa Case in the Philippines: A Complete Guide

This article explains, in practical steps, how estafa (swindling) cases work in the Philippines—from assessing if you have a case, to filing, prosecution, defenses, remedies, and enforcement. It’s general information, not legal advice.

1) What is “estafa”?

“Estafa” (swindling) is a crime under Article 315 of the Revised Penal Code (RPC). In broad strokes, it punishes fraud that causes damage. The most–litigated modes are:

By deceit (false pretenses) – e.g., using fictitious name/identity, pretending to have qualifications, misrepresenting ownership or power to sell, or promising something with no intention to perform, prior to or at the time of the transaction, thereby inducing the victim to part with money or property, which results in damage.
By misappropriation or conversion – e.g., receiving money/property in trust, on commission, for administration, or for a specific purpose, then misappropriating or converting it and failing to return/deliver it, causing prejudice.

Key elements you must generally prove (simplified):

False pretense or abuse of confidence (deceit or misappropriation),
It existed prior to/at the time of the act (for deceit),
Victim relied on it and parted with property/money,
Damage or prejudice (actual loss or even disturbance of property rights).

BP 22 vs. Estafa: Bouncing checks (BP 22) is a separate offense focusing on the act of issuing a worthless check, regardless of intent to defraud. Estafa requires deceit or abuse of confidence and damage. A single transaction can lead to both BP 22 and estafa, because they protect different interests.

2) Penalties and amounts (high level)

Penalties for estafa scale with the amount defrauded and were adjusted upward by later laws (e.g., Republic Act No. 10951). You don’t need the exact ladder to file a case—but jurisdiction, bail ranges, and prescriptive periods may hinge on the amount involved. When preparing your complaint, itemize losses (principal + incidental expenses), and keep all proofs; the precise valuation will matter later for:

Which court tries the case (first-level court vs. RTC),
Possible civil liability (restitution, interest, damages),
Prescriptive period analysis.

Tip: Even partial recovery or restitution does not erase criminal liability for estafa, but it may mitigate penalties or affect damages.

3) Do you have a viable estafa case? (Quick self-check)

Is there deceit or abuse of confidence? (not just a broken promise or a mere debt)
Did the deceit exist at the start? (for deceit-type estafa)
Was the money/property given because of that deceit or trust?
Is there actual damage? (receipts, bank records, turnover logs, delivery notes)
Evidence trail: documents, checks, contracts, receipts, chats/emails, call recordings, IDs, photos, witnesses.
For misappropriation: was the money/property given for a specific purpose or in trust (e.g., “please pay supplier X”) and then not used/returned?

If most answers are “yes,” you likely have a colorable estafa complaint.

4) Where to file and who handles it

Criminal complaints for estafa are filed with the Office of the City/Provincial Prosecutor (National Prosecution Service, DOJ) having venue where any essential element occurred (e.g., where deceit was committed, where payment was made, where delivery or demand happened).
Police/NBI route: You may initially report to the police station with jurisdiction or to the NBI. They can help record statements and endorse the matter to the prosecutor for inquest (if the suspect is under custody) or regular preliminary investigation.

5) Inquest vs. Regular Preliminary Investigation

Inquest (summary review by a prosecutor) happens only when the suspect is lawfully arrested without warrant (e.g., caught in the act). The inquest prosecutor decides quickly whether to file an Information in court.

Regular preliminary investigation applies in most estafa complaints:

File an affidavit-complaint with annexes (see templates below).
Prosecutor issues a subpoena to respondent, who files a counter-affidavit with annexes.
Complainant may file a reply; respondent, a rejoinder (if allowed).
Prosecutor resolves the case—dismissal or file an Information in court.

Threshold for preliminary investigation: Offenses punishable by at least 4 years, 2 months, and 1 day require a full preliminary investigation. Estafa typically meets or exceeds this.

6) The affidavit-complaint (what to include)

Core sections:

Your identity and authority (individual or company representative with board/SPA authority).
Detailed narration in chronological order:
- How you first met or dealt with respondent,
- What was represented (quotes/screenshots are great),
- What you gave (money/property), when, how much,
- What respondent did (or failed to do),
- Demands made (attach demand letter and proof of receipt),
- Damage suffered (principal, fees, incidentals).
Legal anchor: Briefly state it constitutes estafa under Article 315 (specify mode: deceit vs. misappropriation).
Prayer: Prosecution for estafa; issuance of warrants; payment of civil liability.
Attachments: Contracts, ORs, invoices, bank slips, checks (front/back), delivery receipts, IDs, photos, chat/email printouts (with metadata), demand letter + courier/registry proof, computation sheet of damages, corporate papers (if applicable).

Formalities:

Sign the affidavit before a prosecutor or notary public.
Paginate and label annexes (“Annex A, A-1, …”).
Provide sufficient copies: prosecutor, respondent(s), and your file.

7) After filing: possible outcomes at the prosecutor’s office

Dismissal (insufficient evidence or not estafa on the facts).
Filing of Information in court (case goes to trial).
Clarificatory hearing (rare; prosecutor may ask limited questions).
Motion for reconsideration (by the aggrieved party) or appeal to DOJ.

8) Court stage (when an Information is filed)

Raffle to a court (jurisdiction depends on imposable penalty).
Court may issue a warrant of arrest; for bailable offenses like estafa, bail is generally a matter of right before conviction (amount is court’s discretion).
Arraignment and pre-trial: you (as private offended party) may participate through a private prosecutor under the control of the public prosecutor.
Trial:
- Prosecution presents witnesses and documents (authenticating each).
- Defense may file a demurrer to evidence (with or without leave) after prosecution rests, or present its own evidence.
Judgment: conviction or acquittal.
Appeals may follow (by the party allowed to appeal on specific issues).

9) Civil action and money recovery

The civil action for damages is generally deemed instituted with the criminal action unless you waive, reserve, or file beforehand (which suspends the civil side of the criminal case).
You can seek restitution, actual damages, interest, and where proper, moral/exemplary damages and attorney’s fees.
Provisional remedies (in the civil aspect of the criminal case): preliminary attachment to secure assets; subpoenas for bank/third-party records through court processes.
Compromise/settlement can settle the civil aspect at any time; the criminal case proceeds at the court’s discretion unless extinction of criminal liability applies (usually it doesn’t for estafa, but restitution can mitigate).

10) Prescriptive periods (time limits)

Criminal actions must be filed within the prescriptive period based on the imposable penalty, which in estafa is amount-dependent. As a safe practice:

Document the earliest date the deceit or misappropriation happened, and the date of discovery (prescription may run from discovery in some modes).
Don’t delay. If you’re close to the time bar, file immediately; prescription is a technical defense that can defeat otherwise strong cases.

11) Evidence strategy: what prosecutors and courts look for

Written proof of representations (chats, emails, proposals, ads, IDs).
Proof of reliance and transfer (bank slips, receipts, delivery receipts).
Proof of deceit / intent (pattern of similar acts, fake identity, false documents, immediate diversion of funds, sham companies).
For misappropriation: show entrustment (authority letters, job descriptions, acknowledgment receipts, specific-purpose transfers) and failure to return/deliver after demand (while demand isn’t always an element, it’s powerful evidence).
Corroboration by witnesses; authentication of digital evidence (headers/metadata if available).
Damage computation with clear basis.

12) Common defenses (and how they’re assessed)

Mere breach of contract: “It’s just a debt/non-performance.”
- Rebuttal: show deceit at inception or abuse of confidence and damage.
Good-faith belief in a right or authority (negates intent to defraud).
Novation (contractual restructuring) does not automatically extinguish criminal liability once estafa is committed.
No entrustment or no specific purpose (for misappropriation mode).
Lack of damage or voluntary restitution (may mitigate but not erase liability).
Prescription or improper venue/jurisdiction (technical defenses).

13) Venue and jurisdiction nuances

Venue lies where any essential element occurred: where deceitful representations were made, where money changed hands, where property should have been delivered/returned, or where demand was made/should be complied with.
Jurisdiction (which court) depends on the imposable penalty, which in turn depends on the amount. For smaller amounts, first-level courts may try the case; for larger amounts, Regional Trial Courts do.

14) Parallel or alternative actions

BP 22 (bouncing checks): file separately if checks were issued and bounced (note different elements and defenses).
Administrative/Regulatory: If the respondent is a professional (e.g., broker, recruitment agency), consider regulatory complaints (PRC, SEC, POEA/DMW, etc.).
Asset tracing: Consider civil asset discovery and injunctive relief in appropriate cases.
Cybercrime angle: If deceit used online means (fake platforms/IDs), you can coordinate with NBI-CCD/PNP-ACG for digital forensics.

15) Barangay conciliation?

Under the Katarungang Pambarangay system, many criminal disputes between residents of the same city/municipality must first pass through barangay mediation unless the offense is punishable by more than 1 year imprisonment or a fine over ₱5,000, involves the government, is among non-residents of the same city/municipality, or fits other statutory exceptions.

Practical note: Estafa complaints commonly fall under the exceptions (because the penalty exposure often exceeds those thresholds), so barangay conciliation typically is not required. Still, some offices encourage mediation for the civil aspect.

16) Bail, detention, and release

For estafa, bail is generally a matter of right before conviction.
Bail amount depends on factors like amount defrauded, risk of flight, and circumstances of the offense/accused. Prepare: income docs, surety company contacts, and a bondsman if needed.

17) Timelines and costs (what to expect)

Prosecutor stage can take weeks to months depending on docket loads and complexity.
Court proceedings may run longer (months to years), especially with multiple accused or voluminous evidence.
Costs: filing fees (usually arise at the court stage, mainly for the civil aspect), notary/authentication, lawyer’s fees, bonds, subpoena/witness fees, copies, and transcripts. Keep receipts—they may be recoverable.

18) Practical checklists

A. Evidence & document checklist

Identification docs of complainant/authorized officer
SPA/Secretary’s Certificate (if representing a company)
Contract/PO/invoice/acknowledgment receipts
Bank transfer slips, deposit slips, check copies (front/back)
Chats/emails (exported with timestamps and, if possible, headers)
Photos/videos, call logs/recordings (with consent or lawful basis)
Demand letter + proof of service (registered mail/courier/ack receipt)
Damage computation sheet (principal, interest, incidentals)
List of witnesses + their roles and contact details

B. Filing flow (regular case)

Draft and notarize affidavit-complaint + annexes
File with the Prosecutor’s Office (venue rules above)
Track subpoena; attend submission of pleadings timeline
Await resolution; if Information is filed, monitor court case number and warrant/bail
Arraignment, pre-trial, trial; coordinate with public/private prosecutor
Judgment; pursue execution of civil liability after finality

19) Simple affidavit-complaint template (skeleton)

AFFIDAVIT-COMPLAINT I, [Name], Filipino, of legal age, with address at [address], after being duly sworn, state:

Respondent [Name/Company] represented to me that [state the specific false pretense or entrusted purpose] on [date/place].

Relying on these representations/entrustment, I [paid/delivered] [amount/property] as evidenced by [Annexes].

Respondent [failed to deliver/misappropriated/converted] the same and despite demands dated [dates] (Annex [ ]), has [failed/refused] to comply.

As a result, I suffered [damage amount].

Legal basis: The foregoing acts constitute estafa under Article 315 [specify mode: deceit or misappropriation] of the Revised Penal Code.

Prayer: Wherefore, I respectfully pray that [Name] be prosecuted for estafa, and upon conviction, be ordered to pay [amount] plus interest, damages, and costs.

Annex list: A (contract), B (bank slip), C (demand + proof), etc.

[Signature] [Jurats/Notarial block]

20) Smart tips to strengthen your case

Lock the timeline: dates of representation, transfer, demand, and discovery.
Authenticate digital evidence (keep originals; export in standard formats; preserve devices).
Use demand letters: while not always an element, they show bad faith, can fix venue, and sometimes trigger restitution.
Coordinate with banks early for certified copies (they take time).
Consider filing BP 22 in parallel if checks were involved.
Beware of mere non-payment cases: show deceit at inception or entrustment + conversion, not just breach.

21) After conviction or settlement: enforcing recovery

Writs of execution on final judgments to garnish bank accounts, levy on personal/real property.
Negotiated payment plans can be reduced to compromise judgments.
Watch for asset flight: consider preliminary attachment early where warranted.

22) Special scenarios

Corporate settings: Officers who personally made deceitful representations or misappropriated entrusted funds may incur personal criminal liability.
Multiple victims/class pattern: Patterns across several complainants strongly support intent to defraud; coordinate evidence to avoid inconsistency.
Online fraud/cross-border angles: Preserve platform logs, IP data where accessible; coordinate with NBI-CCD / PNP-ACG for cyber elements.

23) Quick FAQs

Q: Can I still file if the offender partially paid? A: Yes. Partial payment does not erase estafa if the elements existed. It may mitigate penalty or civil liability.

Q: Is a demand letter required? A: Not always, but it’s often excellent evidence—especially for misappropriation—to show failure to return/deliver on demand.

Q: Can I file both BP 22 and estafa? A: Yes, if facts support both. They punish different wrongs.

Q: Which court will hear my case? A: Depends on the imposable penalty, which is amount-based for estafa. Many substantial cases go to the RTC; smaller ones to first-level courts.

Q: How long will it take? A: It varies widely with docket load, complexity, and defenses. Build a clean, well-documented case to reduce avoidable delays.

Final word

Estafa cases succeed on paper trails and timelines. If your narrative clearly shows deceit or abuse of confidence at the outset, reliance, transfer, and **damage—with documents and witnesses to back each step—**you’re on the strongest footing. When in doubt, consult counsel to calibrate the mode of estafa, venue, damage computation, and strategy (including BP 22 or civil remedies) tailored to your facts.