How to File a Swindling/Estafa Complaint in the Philippines (Procedure & Evidence)

This is a practical, end-to-end guide to bringing an estafa (swindling) case in the Philippines—from diagnosing the right offense, to building evidence, filing with the prosecutor, and navigating preliminary investigation and trial. Philippine law controls; nothing here is legal advice. When in doubt, consult counsel.

1) What “Estafa” Covers (Legal Basis, Types, and Elements)

Primary law: Article 315 of the Revised Penal Code (RPC), as amended (often discussed alongside Art. 316 & 318 on other deceits). Related law often charged together or in the alternative: B.P. Blg. 22 (Bouncing Checks Law). Special aggravation: Syndicated or large-scale estafa under P.D. 1689 (investment/pyramiding-type schemes).

A. Core idea of estafa

Estafa punishes defrauding another (through abuse of confidence or deceit) causing damage (usually financial). It is not mere failure to pay; you must show criminal fraud, not just a civil breach of contract.

B. Common modalities and their elements

Estafa by misappropriation or conversion (Art. 315(1)(b))

Accused received money/property: in trust, on commission, for administration, or under an obligation to deliver or return;
He/She misappropriated, converted, or denied receipt;
Prejudice (damage) to the offended party;
Demand is not an element, but it is strong proof of misappropriation if ignored.

Estafa by deceit/false pretenses (Art. 315(2)(a), (2)(b), etc.)

Accused made deceitful representations prior to or at the time of the transaction;
Victim relied on the deceit and parted with money/property;
Damage resulted.

Estafa by post-dating or issuing a bad check (Art. 315(2)(d))

Accused post-dated/issued a check to obtain money/property;
No sufficient funds/credit at the time of issuance, known to the accused;
Dishonor of the check; and
Failure to deposit/make arrangements within 3 days from notice of dishonor creates a presumption of deceit under the RPC (distinct from B.P. 22’s “5 banking days”).

Note: B.P. 22 and estafa are different crimes; a single bad check can support both charges if both sets of elements are present.

Other deceits (Art. 316, 318)

Covers acts like persuading someone to sign a document by deceit, disposing of encumbered property as unencumbered, or deceits not specifically penalized elsewhere.

C. Penalties in brief

Penalties scale with the amount defrauded and the mode, per Article 315 (as amended). Syndicated/large-scale estafa under P.D. 1689 can reach reclusion perpetua (life imprisonment) when elements are met (e.g., committed by a syndicate of five or more to defraud the public). For exact monetary brackets and ranges, consult the text of Article 315 as amended and current jurisprudence.

D. Prescription (time limits)

Criminal actions generally prescribe based on the penalty attached (e.g., correctional vs. afflictive). Prescription ordinarily begins upon discovery of the offense and is interrupted by filing a criminal complaint with the prosecutor (or the information in court).

2) Before You File: Diagnose the Case

Use this quick triage:

Was the money/property given in trust or for a specific purpose and not returned? → Consider Art. 315(1)(b) (misappropriation/conversion).
- Strengthen with demand letter and proof of receipt of funds.
Were there lies at the start that made you part with money/property? → Consider deceit under Art. 315(2).
- Strengthen with pre-transaction messages, ads, proposals, and proof of reliance.
Was a check used to induce the transaction and it bounced? → Consider Art. 315(2)(d) and B.P. 22 (file both if warranted).
- Preserve bank return slips and proof of notice.
Is it an investment/pyramiding/public solicitation with multiple victims? → Consider P.D. 1689 (syndicated or large-scale estafa).
- Coordinate with other victims; consolidate evidence.

If facts only show non-payment without deceit or breach of a promise after the fact, consider a civil action (collection of sum of money), not estafa.

3) Evidence Strategy (What to Gather & How to Prove It)

A. Universal evidence checklist

Your sworn Complaint-Affidavit (clear, chronological facts tied to elements).
Identity documents (yours and, if you have them, the accused’s).
Proof you parted with money/property (receipts, bank transfers, deposit slips, delivery receipts).
The agreement (contracts, purchase orders, invoice, acknowledgment receipts).
Communications: emails, texts, chat threads, call logs, social media messages.
Demand letters and proof of receipt (postal registry, courier proof, email read receipts).
Witness affidavits (bookkeeper, staff, colleagues, co-victims).
Photos/videos (handover, meetings, items).
For checks: copies (front & back), bank return stamps, memos like “DAIF/DAUD/Account Closed,” and notice of dishonor with proof of service.

B. Modality-specific proof

Misappropriation/Conversion

Receipt in trust: written acknowledgment, remittance instructions, agency/consignment terms.
Conversion: diversion to personal use (bank statements), refusal to return despite demand, admissions.
Demand: written demand + proof of receipt (registered mail/courier/email).

Deceit/False Pretenses

Pre-transaction lies: brochures, proposals, pitch decks, messages before payment.
Reliance: why you paid (quotes, approvals, internal memos).
Causation & damage: the payment itself, lost items, opportunity cost (if claimed).

Bad Checks

Check copy + bank return (reason for dishonor).
Notice of dishonor + proof accused received it.
3-day failure to make arrangements (RPC presumption of deceit).
For B.P. 22: also capture the 5 banking days non-payment.

Digital evidence handling

Preserve originals (phones, laptops); avoid altering metadata.
Export chats/emails with timestamps and participants visible.
Keep a chain-of-custody log (who handled the device/files, when).
Under the Rules on Electronic Evidence, authenticate by a witness with knowledge (you, IT staff), service-provider certifications, or device forensic reports.

C. Civil damages in the criminal case

Upon conviction (or even upon acquittal on reasonable doubt but with civil liability proven), courts can award restitution, actual damages, and when justified, moral and exemplary damages plus legal interest.

4) Where to File and Venue

Criminal complaints go to the Office of the City/Provincial Prosecutor where the offense or any essential element occurred (e.g., place of deceitful inducement, delivery/receipt of funds or property, issuance/presentation of a check, or where damage was suffered).
For online scams, you may coordinate with PNP-ACG or NBI for case build-up (they can assist but the criminal complaint still gets filed before the prosecutor).

Katarungang Pambarangay (Barangay conciliation): Usually not required for estafa because the imposable penalty commonly exceeds 1 year or involves parties from different cities/municipalities. If the imposable penalty would not exceed 1 year and the parties reside in the same city/municipality, barangay conciliation may apply. When unsure, ask the prosecutor’s intake desk.

5) The Filing Packet (What to Submit)

Complaint-Affidavit (subscribed and sworn before a prosecutor or authorized officer)
Annexes (labeled, paginated, and referenced in the affidavit)
Witness Affidavits (similarly subscribed and sworn)
Your IDs and contact details
Verification of corporate capacity/authority if the complainant is a company (e.g., Secretary’s Certificate)

There are no court filing fees at the prosecutor’s level for criminal complaints. Notarization and document reproduction are your costs.

6) What Happens After Filing (Two Tracks)

A. Inquest (if the suspect was arrested without warrant)

Police bring the case for inquest before a prosecutor within statutory hours.
Prosecutor can file information in court, require further investigation, or release pending investigation.

B. Preliminary Investigation (no arrest or after inquest referral)

Standard flow under the Rules of Criminal Procedure:

Filing: You submit your complaint-affidavit with annexes.
Subpoena: Respondent receives copies and is directed to file a Counter-Affidavit (with annexes).
Reply/Rejoinder: Allowed at the prosecutor’s discretion.
Resolution: Prosecutor finds probable cause (or dismisses).
Motion for Reconsideration: Either party may move for reconsideration with the same office; some cases elevate to the DOJ via petition for review.
Information filed in court (if probable cause is found) → Warrant (if needed) → Arraignment and trial.

Standards of proof

Preliminary investigation: Probable cause (facts lead a person of ordinary prudence to believe a crime was committed and respondent is probably guilty).
Trial: Proof beyond reasonable doubt.

Bail

Estafa is bailable as a matter of right before conviction; bail is set by the court after information is filed (or during inquest if filing is immediate).

7) Practical Drafting Tips (to Survive Probable Cause Review)

Lead with the elements. In your affidavit, explicitly map facts to each element of the chosen estafa modality.
Timeline is king. Show the sequence: deceit/entrustment → reliance/receipt → diversion/denial → damage.
Use exhibits wisely. Quote only the key line; attach the full document as an annex.
Quantify damage (principal, interest if agreed, consequential losses if claimed).
Demand letters: even when not an element, they powerfully corroborate conversion or intent.
Anticipate defenses:
- “It’s purely civil.” → Emphasize deceit at inception or entrustment + conversion, not mere non-payment.
- “Novation/payment plan.” → Clarify that later agreements do not erase the crime if deceit/estafa was already consummated.
- “Good faith.” → Use inconsistent stories, stop-payment without valid cause, or diversion of funds to negate good faith.
- “No damage.” → Pin down exact amounts and when they became irretrievable.

8) Venue, Joinder, and Multiple Victims

You may file separate complaints or consolidated complaints if facts are intertwined.
For investment scams, co-victims’ affidavits bolster pattern and can support P.D. 1689 charges.
Venue is proper where any element occurred (issuance of deceitful statements, receipt/delivery, check issuance or presentment, or locus of damage).

9) Related/Alternative Charges (When to Add Them)

B.P. 22 (bouncing checks) — if a check was issued and dishonored; no need to prove deceit, only issuance and knowledge/constructive knowledge of insufficiency plus notice and failure to pay within statutory period.
Qualified theft — if there was taking without consent (vs. estafa’s entrustment/consensual receipt).
Illegal recruitment — if the deceit relates to employment offers; may be economic sabotage.
Falsification — if documents were forged or falsified to induce payment.
Anti-Cybercrime provisions — if the scheme used ICT infrastructure as the main instrumentality.

10) Prescription, Settlement, and Desistance

Prescription: Counted from discovery of the offense; interrupted by filing with the prosecutor (or the information in court).
Affidavit of Desistance/Payment: Does not automatically extinguish criminal liability once estafa is consummated, though restitution can mitigate and settlements may influence prosecutorial discretion.

11) Step-by-Step Filing Checklist

Diagnose the correct estafa modality (and any companion charge like B.P. 22).
Collect & preserve evidence (originals + certified/clear copies; maintain chain of custody for digital items).
Draft:
- Complaint-Affidavit (clear facts, elements checklist, prayer for filing of information and damages).
- Witness Affidavits.
- Annexes Index (A-1, A-2, …).
Have affidavits subscribed and sworn before the prosecutor (or any authorized officer).
File with the Office of the City/Provincial Prosecutor (proper venue).
Attend scheduled clarificatory conferences (if any).
Monitor subpoenas, counter-affidavits, and file reply if allowed.
Receive resolution; if adverse, consider MR or DOJ petition for review (observe deadlines).
If an information is filed, prepare for arraignment, pre-trial, and trial; coordinate with the public prosecutor (private counsel may appear as private prosecutor with authority of the public prosecutor).

12) Templates (Short, Working Forms)

A. Complaint-Affidavit (Skeleton)

REPUBLIC OF THE PHILIPPINES )
CITY/PROVINCE OF ________   ) S.S.

                            COMPLAINT-AFFIDAVIT

I, [Name], Filipino, of legal age, [status], with address at [address], after being duly sworn, depose and state:

1. Parties. I am the complainant. Respondent is [Name/Company, address].

2. Jurisdiction/Venue. The offense and its essential elements occurred in [City/Province], Philippines.

3. Facts. (Chronological narrative—identify dates, persons, places. Attach Annexes and cite them inline.)

4. Elements Mapping. (a) Entrustment/deceit: [facts + annex cites]; (b) Reliance/receipt: [facts + annex cites];
   (c) Conversion/bad check/dishonor: [facts + annex cites]; (d) Damage: [amount + computation + annex cites].

5. Damages. Principal: ₱_____; interest/penalties (if agreed): ₱_____; other losses: ₱_____.

6. Relief. I pray that an INFORMATION for Estafa under Article 315 [specify paragraph/subparagraph] be filed
   against Respondent (and B.P. 22, as warranted), and for restitution, damages, and costs.

IN WITNESS WHEREOF, I have hereunto set my hand this __ day of ______ 20__ at __________.

[Signature over Printed Name]
Complainant
Contact: [mobile/email]

SUBSCRIBED AND SWORN to before me this __ day of ______ 20__ at __________, affiant exhibiting
[Gov’t ID details], known to me and who personally appeared and affirmed the truth of the foregoing.

B. Annex Index (Example)

Annex A-1 – Screenshot of [chat] dated [date]
Annex A-2 – Bank proof of transfer [bank, txn no., date]
Annex B-1 – Copy of Check No. ______, dated ______
Annex B-2 – Bank Return Slip “DAIF/Account Closed,” dated ______
Annex C-1 – Demand Letter dated ______ + registry/courier proof
...

C. Demand Letter (Short Form)

[Date]

[Name/Company]
[Address]
Re: Demand to Return/Pay ₱_____ re [transaction]

Dear [Mr./Ms. ____]:

On [date], you received ₱_____/the following property [describe] under [agreement/purpose].
Despite due date on [date] and our follow-ups, you have failed/refused to [return/pay].

DEMAND is hereby made that you [return/pay] the amount/property within [5] days from receipt of this letter.
Failure will constrain us to pursue criminal action for Estafa under Article 315 [specify] (and B.P. 22, if applicable),
in addition to civil remedies, at your cost.

Very truly yours,
[Name]

13) Frequently Asked Questions

Do I need a lawyer to file? Not strictly to file, but legal assistance greatly improves case diagnosis, evidence framing, and court handling.
Can I file in my city even if payment happened elsewhere? Venue lies where any essential element occurred; pick a legally proper and evidence-convenient venue.
Will repayment end the case? Not automatically. It may mitigate, support settlement, or influence prosecutorial discretion, but consummated estafa generally remains prosecutable.
Should I file B.P. 22 as well? If you have a dishonored check, yes—often both charges are filed.
How long will it take? Timelines vary widely by office, caseload, complexity, and whether the respondent appears.

14) Quick “Go-File” Kit

✅ Correct modality identified and elements mapped
✅ Affidavit + Witness Affidavits, subscribed and sworn
✅ Annexes: contracts, receipts/transfers, checks + bank returns, notices/demands, communications
✅ Venue checked; prescription reviewed
✅ Consider filing B.P. 22 (if checks involved) and P.D. 1689 (if syndicate/large-scale)
✅ Keep originals safe; submit clear copies; maintain digital chain of custody

If you want, I can turn your facts into a ready-to-file Complaint-Affidavit and Annex Index using the templates above—just share the timeline and documents (screenshots are fine).