In the Philippines, fraudulent financial transactions—ranging from credit card scams and unauthorized bank transfers to online investment "ponzi" schemes—fall under a specific legal framework. While the Revised Penal Code (RPC) remains the bedrock of criminal law, newer legislation like the Cybercrime Prevention Act of 2012 and the Access Devices Regulation Act have modernized how these crimes are prosecuted.
1. Identifying the Specific Crime
Before filing, you must determine which law the act violates. Most financial fraud cases fall under one of these categories:
- Estafa (Art. 315, RPC): General fraud involving deceit or abuse of confidence that results in damage to the victim.
- Credit Card Fraud (R.A. 8484): Specifically deals with the unauthorized use of access devices (credit cards, debit cards, ATMs).
- Cyber-Estafa (R.A. 10175): Estafa committed through the use of information and communications technology. This carries a penalty one degree higher than standard Estafa.
- Bouncing Checks (B.P. 22): Issuing a check without sufficient funds.
2. Preliminary Steps: Gathering Evidence
The success of a criminal case depends heavily on the "paper trail." You must collect:
- Bank Statements/Transaction Histories: Highlighting the unauthorized withdrawals or transfers.
- Screenshots: For online fraud, save conversations, emails, and transaction confirmation pages.
- Demand Letter: In Estafa cases, a formal letter demanding the return of the money is often required to prove the element of "damage" and the refusal to pay.
- Affidavits: Your personal sworn statement and those of any witnesses.
3. The Filing Process: Step-by-Step
Step 1: Filing the Complaint-Affidavit
The criminal process begins with the filing of a Complaint-Affidavit before the Office of the City or Provincial Prosecutor (where the crime was committed).
Note on Jurisdiction: For cyber-related fraud, the case can generally be filed where the victim accessed the computer system or where the unauthorized transaction originated.
Step 2: Preliminary Investigation
Once filed, a Subpoena will be issued to the respondent (the person you are accusing).
- Counter-Affidavit: The respondent has the chance to submit their defense.
- Reply and Rejoinder: You may be allowed to file a Reply to their defense.
- Resolution: The Investigating Prosecutor will determine if there is Probable Cause to believe a crime was committed and that the respondent is likely guilty.
Step 3: Filing the Information in Court
If the Prosecutor finds probable cause, they will file a formal "Information" (the criminal charge) with the proper Court (MTC or RTC). The court will then issue a Warrant of Arrest.
4. Strategic Considerations
| Aspect | Description |
|---|---|
| Prescription Period | Most fraud-related crimes must be filed within a certain timeframe (usually 10 to 20 years for Estafa), but it is best to act immediately. |
| Civil Liability | In the Philippines, when you file a criminal case, the civil action for recovery of money is generally deemed instituted with it unless you reserve the right to file it separately. |
| Law Enforcement Support | For complex technical fraud, it is advisable to seek help from the PNP Anti-Cybercrime Group (PNP-ACG) or the NBI Cybercrime Division before going to the Prosecutor. |
5. Essential Elements to Prove
To secure a conviction for financial fraud (specifically Estafa), the prosecution must prove:
- That the accused defrauded another by abuse of confidence or deceit.
- That the victim suffered pecuniary (monetary) loss or damage.
- That the deceit was the efficient cause of the loss.
In the case of R.A. 8484 (Access Devices), the mere unauthorized possession or use of someone else's financial information with intent to defraud is sufficient for a violation, even if the "damage" hasn't fully materialized yet.