In the Philippines, Estafa cases are among the most commonly weaponized criminal complaints in business and personal disputes. Creditors, former business partners, lenders, and even jilted lovers frequently file Estafa charges to pressure the other party into settling civil obligations. When the accusation is baseless, knowingly false, or filed solely to harass, the accused is not limited to mere defense—he has powerful legal recourse through countercharges.

This article exhaustively covers every available countercharge when you are accused of Estafa: criminal countercharges (Perjury, False Testimony, Falsification, Incriminating Innocent Persons, Unjust Vexation, Alarm and Scandal, and even counter-Estafa) and the civil action for Malicious Prosecution and Damages under Articles 19, 20, 21, 26, 32, 33, and 2219 of the Civil Code.

I. Criminal Countercharges Available When Falsely Accused of Estafa

1. Perjury (Article 183, Revised Penal Code)

This is the most common and most effective countercharge in baseless Estafa cases.

Elements:

The accused made a statement under oath or affidavit.
The statement contains a willful and deliberate assertion of falsehood.
The sworn statement was required by law (complaint-affidavit, reply-affidavit, sinumpaang salaysay).
The falsehood is material to the case.

Why it almost always applies in false Estafa cases: The complainant executes the complaint-affidavit under oath before the prosecutor. When he knowingly lies about the existence of deceit, damage, or demand, or fabricates the entire transaction, he commits perjury.

Penalty: Prisión correccional in its medium and maximum periods (2 years 4 months 1 day to 6 years) + fine not exceeding ₱200,000 (as amended by R.A. 10951).

How to file:

During preliminary investigation: Include the perjury charge in your counter-affidavit and attach your own complaint-affidavit for perjury against the complainant and witnesses.
The prosecutor is duty-bound to investigate the perjury charge (DOJ Circular No. 70, 2000 NPS Rules).
Many prosecutors consolidate both cases and eventually dismiss the Estafa while indicting the complainant for perjury.

Best evidence:

Sworn statements of the complainant that contradict documentary evidence (e.g., he claims you never paid anything but you have receipts, official receipts, bank transfers).
Text messages or recordings showing the complainant admitted the debt was already paid or the transaction was different.
Proof that the complainant threatened to file Estafa if you do not pay more (“bayaran mo ako ng doble o ikakaso kita ng Estafa”).

2. Perjury by Making False Accusations (Subornation of Perjury) – When Witnesses Lie

If the complainant presents witnesses who execute false affidavits, file perjury against them as well.

3. Falsification of Public or Commercial Documents (Articles 171–172, RPC)

Very common when the complainant alters receipts, contracts, promissory notes, or post-dated checks to make it appear that deceit existed.

Example: Complainant photoshops the amount or date on the check/MOA, or inserts clauses that were never agreed upon.

Penalty: Up to prisión mayor (6 years 1 day to 12 years) if public document; prisión correccional medium and maximum + fine if commercial document.

4. Incriminating Innocent Persons (Article 363, RPC)

When the complainant plants or fabricates evidence (e.g., forges your signature, fabricates demand letters, or submits fake notarials).

Penalty: Arresto mayor (1 month 1 day to 6 months).

5. Counter-Estafa (When the Complainant is Actually the Swindler)

Frequent in failed joint ventures, construction contracts, car sales, real estate deals.

Examples:

Complainant received full payment but never delivered the vehicle/title.
Complainant took your investment for a “project” but it was a scam from the beginning.
Complainant induced you to issue post-dated checks by promising delivery of goods that he never intended to deliver.

File your own Estafa case under Article 315, par. 2(a) or 2(d). This is extremely powerful because the same prosecutor will handle both cases and will see who the real swindler is.

6. Unjust Vexation (Article 287, RPC) or Alarm and Scandal (Article 155, RPC)

When the Estafa case is clearly untenable and filed only to annoy or harass.

Courts have sustained unjust vexation convictions when the Estafa complaint was dismissed at the earliest stage for being obviously civil in nature.

II. Civil Action for Malicious Prosecution and Damages

This is the nuclear option that hits the complainant in the pocket.

Legal Basis: Articles 19, 20, 21, 26, 32, 33, and 2219(8) of the Civil Code; Drilon v. CA (1997), Magbanua v. Junsay (2007), Venture v. People (2020).

Elements (Supreme Court standard):

The defendant was the prosecutor (or instigated the filing) in the criminal case.
The criminal action was terminated in favor of the accused (dismissal, acquittal, or certificate of finality).
The prosecution was without probable cause.
The prosecution was impelled by legal malice (ill motive, intent to harass, or knowledge that the charge is false).

Damages you can claim:

Moral damages: ₱500,000–₱2,000,000 is now common in clear cases (2020–2025 awards).
Exemplary damages: ₱300,000–₱1,000,000 to deter similar acts.
Temperate damages (when exact amount hard to prove).
Attorney’s fees: actual fees paid or ₱200,000–₱500,000.
Litigation expenses.

When to file: Best: After the Estafa case is dismissed by the prosecutor or acquitted by the court with finality.

You may file even while the Estafa case is pending if you obtain a provisional dismissal or the prosecutor issues a resolution finding the complaint frivolous (see Albenson v. CA, but current trend allows it earlier if malice is blatant).

Where to file: Regional Trial Court (amount exceeds ₱2,000,000 in Metro Manila as of 2025 jurisdiction rules).

Prescription: 4 years from the time the cause of action accrues (termination of the criminal case).

III. Step-by-Step Procedure for Countercharges

At the Prosecutor’s Level (Preliminary Investigation)

Upon receipt of subpoena in the Estafa case, file within 10 days:
- Counter-Affidavit denying the allegations with evidence.
- Separate Complaint-Affidavit for Perjury/Falsification/Counter-Estafa against the complainant.
- Affidavits of your witnesses.
- Motion to Charge Complainant with Perjury (optional but recommended).
Mark all contradictions between complainant’s claims and documentary evidence.
Request the prosecutor to consolidate both cases.
If prosecutor dismisses Estafa but does not indict complainant for perjury, appeal to DOJ within 15 days (very high success rate if evidence is strong).

If Estafa Case Reaches the Court

File Motion for Leave to File Countercharge (for perjury or falsification discovered during trial).
File separate criminal complaints at the prosecutor’s office for new offenses discovered.
After acquittal, immediately file the civil action for malicious prosecution within 4 years.

IV. Practical Tips from Actual Cases (2020–2025)

Always record conversations (Republic Act No. 4200 allows recording if you are a party to the conversation).
Preserve all text messages, Viber, Messenger chats showing threats or admissions.
Secure NBI clearance or police clearance immediately after dismissal/acquittal for use in the damages suit.
In perjury cases, the Supreme Court has repeatedly ruled that contradictory statements in the complaint-affidavit vs. judicial admissions = perjury (People v. Yanza, 2022).
Moral damages awards have significantly increased since 2020; ₱1,000,000+ is now routine when the accused was detained even for a few days.

V. Conclusion

Being accused of Estafa does not make you helpless. The Philippine legal system provides multiple, powerful counter-offensive tools: perjury, falsification, counter-Estafa, and the devastating civil action for malicious prosecution.

When the accusation is false and malicious, the law allows—and justice demands—that the false accuser suffers the very consequences he tried to inflict. Aggressively pursue all available countercharges. In the majority of weaponized Estafa cases handled properly, it is the original complainant who ends up convicted, bankrupt from damages, and permanently disgraced.

Consult an experienced litigation lawyer immediately upon receipt of any subpoena for Estafa. Time is critical, and the first 10 days of preliminary investigation often decide who wins the entire war.