How to File an Estafa Case in the Philippines: NBI vs. Prosecutor’s Office Procedures

This is a practical, Philippine-specific guide for victims, counsel, and complainants navigating estafa—from the legal elements to evidence prep, and the step-by-step filing routes via the National Bureau of Investigation (NBI) and the Office of the City/Provincial Prosecutor (OCP/OPP).

1) What “estafa” legally means

Estafa is a crime under Article 315 of the Revised Penal Code (RPC). In broad strokes, it punishes defrauding another and causing damage or prejudice by:

Abuse of confidence (e.g., misappropriation or conversion of money/property received in trust, on commission, for administration, or under an obligation to return), or
Deceit (e.g., false pretenses or fraudulent acts that induced the victim to part with money/property).

Key ideas to remember

Deceit must be prior or simultaneous with the transaction (it’s not estafa if deceit arose only after a purely civil breach).
Damage/prejudice can be actual loss or being placed in risk of loss.
Demand (written or verbal) is not a statutory element, but it is strong evidence of misappropriation in abuse-of-confidence cases.
BP 22 (bouncing checks law) is a separate offense from estafa; one act can violate both if elements are present.
Corporate settings: criminal liability is personal—identify the specific officer/individual who acted with deceit or abused confidence.

Practical test: If the dispute would exist even if there had been no lie or no entrusted property (i.e., it’s purely a failed promise), you likely have civil breach, not estafa. If the entrustment or lie is central and caused loss, you may have estafa.

2) Penalties, prescription, and court jurisdiction (high-level)

Penalties scale with the amount defrauded, with incremental penalties for higher amounts (amount thresholds were updated by later legislation adjusting RPC values).
Prescription: estafa generally prescribes after a number of years measured from discovery or commission depending on the modality; earlier action is always safer.
Court: criminal jurisdiction hinges on the statutory penalty (not simply amount); informations are filed with First-Level Courts or RTCs depending on the imposable penalty.

Because penalty brackets and monetary thresholds have been statutorily updated in recent years, confirm the current penalty table when drafting an information or assessing exposure.

3) Elements-based evidence map (what to gather)

For deceit-based estafa

Pre-transaction representations (messages, proposals, brochures, emails, recorded calls if lawfully obtained).
Proof of reliance/inducement: why you parted with money (purchase order, contract, payment request citing those representations).
Payments/transfers: receipts, deposit slips, remittance, screenshots, bank statements.
Link to accused: IDs, corporate records, emails from their domain, chat handles, acknowledgments.
Resulting damage: non-delivery, inferior goods, vanished contact, refusal to refund.

For abuse-of-confidence / misappropriation (Art. 315(1)(b))

Entrustment: contract, acknowledgment receipts, authority letters, inventory logs—wording must show obligation to return/deliver the same or its proceeds.
Failure to return/deliver on due date; demand letter (with proof of service) strongly helps.
Misuse: proof of diversion (e.g., bank movements, resale, personal use).
Loss/prejudice to you or your company.

Universal

Complainant’s ID, corporate board/secretary’s certificate (if complainant is a corporation), SPA if represented.
Chronology: a clean timeline appendix.
Contact details of witnesses.
For checks: original check, bank return slip/stamp, deposit slip.

4) Venue and where to file

Venue is any place where a material element occurred: where representations were made/received, funds were paid, property was delivered, or where misappropriation occurred.
You may choose a legally proper venue that’s most convenient and well-documented.

5) Two filing routes: NBI vs. Prosecutor’s Office

You can (A) report to the NBI first for case build-up and referral or (B) go straight to the Prosecutor for preliminary investigation.

A) Filing through the NBI (Fact-Finding + Case Build-Up)

When to choose this route

You need investigative assistance: identifying suspects, tracing funds/devices, securing CCTV, phone dumps, digital forensics, covert verification, or entrapment in active scams.
The respondent is mobile/unknown, using aliases, or you need subpoena for documents from third parties.

Process

Walk-in or file a complaint with the NBI District/Regional Office or specialized division (e.g., Cybercrime, Anti-Organized Crime). Bring IDs and evidence.
Execute a Complaint-Affidavit (narrative of facts, elements, evidence list; attach exhibits).
NBI investigation:
- Validation/field work; subpoenas/letters to banks, platforms, couriers, telcos as appropriate.
- Forensics (devices, metadata, chain-of-custody).
- Coordinated operations where warranted (entrapment is lawful; instigation is not).
Case evaluation: If evidence supports estafa, the NBI prepares a referral/complaint and forwards the case to the Prosecutor’s Office having venue (with your affidavit and evidence) for preliminary investigation.
Follow-through: You (and counsel) attend at the Prosecutor’s Office upon subpoena; the NBI case agent may appear as witness.

Pros

Professional case build-up before lawyering a full criminal case.
Access to technical tools and inter-agency coordination.
Useful when you need identity attribution and document procurement.

Cons

Adds a pre-prosecutor stage; still needs Prosecutor action before court.
Investigation time may be longer if complex.

B) Filing directly with the Prosecutor’s Office (Preliminary Investigation)

When to choose this route

The offender is identified, facts are clear, and your documentary trail is strong.
You want to start the criminal track immediately.

Process (Rule 112, Revised Rules of Criminal Procedure – overview)

Prepare a verified Complaint-Affidavit (with jurat) detailing:
- Parties and identities (with addresses for service).
- Clear element-by-element narration of estafa.
- Documentary/physical evidence, labeled as annexes.
- Witness affidavits (e.g., custodian of records).
File with the Office of the City/Provincial Prosecutor (OCP/OPP) where venue lies. Attach sufficient certified/clear copies (for each respondent + office file).
Subpoena stage: The Prosecutor issues subpoena with copies of the complaint and annexes, directing respondents to file Counter-Affidavits (typically within 10 days from receipt).
Counter-affidavit & Reply/Rejoinder: Respondents submit; you may file a Reply if allowed/necessary (keep it concise and evidence-driven).
Resolution: The Prosecutor evaluates probable cause based on affidavits and annexes (clarificatory hearing is discretionary).
Outcome:
- If probable cause: Prosecutor files an Information in the proper court.
- If dismissed: You may file a motion for reconsideration with the same office; adverse DOJ resolutions may be subject to Rule 65 in appropriate cases.

What happens after filing the Information

The trial court judge independently evaluates judicial probable cause to issue a warrant of arrest (or summons if the offense is bailable and the judge deems it proper).
Arraignment follows after the accused is under the court’s jurisdiction.
Civil action ex delicto is impliedly instituted unless you waive, reserve, or you already filed prior civil action. You may claim actual, moral, exemplary damages and attorney’s fees.

Pros

Faster initiation of the criminal process when the file is ready.
You control the exact theory and framing from day one.

Cons

No investigative arm: you must gather your own evidence (or coordinate with police).
Harder if you must unmask identities or compel third-party documents before filing.

6) Choosing your route: a quick decision guide

Need for forensics/entrapment/identity tracing? → Start with NBI, then proceed to Prosecutor via NBI referral.
You already have a complete paper trail and identified suspect? → File directly with the Prosecutor.
Hybrid: You can lodge with the NBI to strengthen the case while preserving your right to file with the Prosecutor when ready.

7) Step-by-step checklists

A) NBI path (fact-finding first)

Pre-consult (optional but wise): align facts to estafa elements.
Pack evidence: IDs, contracts, receipts, chats, emails (printouts + soft copies), demand letter + proof of service.
Go to NBI office/division with jurisdiction; execute Complaint-Affidavit.
Facilitate subpoenas (banks, platforms), forensics consent where applicable.
Assist operations if entrapment is planned (follow agent instructions).
Review the NBI referral packet before it goes to the Prosecutor.
Appear at Prosecutor’s Office for the preliminary investigation upon subpoena.

B) Prosecutor path (direct preliminary investigation)

Draft Complaint-Affidavit with element-by-element headings.
Annexes: paginate and label (Annex “A”, “A-1”, etc.), add index of evidence.
Notarize the affidavit(s).
File at the OCP/OPP (correct venue; bring enough sets).
Track the subpoena to respondents; note deadlines.
Reply (if necessary), then await Resolution.
If Information is filed, prepare for bail/hearing and civil damages proofs.

8) Drafting tips (to avoid “purely civil” dismissals)

Lead with entrustment or deceit—quote the exact clauses or statements that created the trust or induced payment.
Timeline: show that deceit existed at inception (e.g., fake permits at the time of offer).
Attach demand (for 1(b) cases) and show refusal/non-return.
Quantify damage precisely (principal, interests, penalties, incidentals).
Authenticate: attach certifications, screenshots with URLs and timestamps, and email headers where relevant.
Identify the actor within a company—who made the deceitful statement or received the entrusted property.
Keep hearsay out; if a statement matters, get it from the person who heard/recorded it.

9) Special scenarios

Online scams / cyber-facilitated estafa: include platform logs, account pages, WHOIS/metadata if available, delivery tracking, IP logs if lawfully obtained; NBI Cybercrime can help.
Multiple victims: consider joint complaints (each victim with their own affidavit) for pattern evidence; coordinate venue.
Respondent abroad: service challenges—Prosecutors may allow alternative modes consistent with rules/issuances; expect longer timelines.
Parallel civil remedies:
- Provisional attachment (Rule 57) requires a civil action; coordinate with counsel if you want to secure assets.
- Replevin is for specific personal property wrongfully detained—not a substitute for collecting money.
Desistance/settlement: does not automatically extinguish criminal liability; it may affect prosecutorial discretion and damages, and full restitution can mitigate penalty.
Warrantless arrest: only in flagrante delicto, hot pursuit, or escapee situations; otherwise, expect subpoena and warrant route.

10) Frequently asked practical questions

Q: Is filing with the Prosecutor “free”? A: Yes, the act of filing the criminal complaint is not subject to a filing fee. You may incur notarization, copying, and courier costs. If you file a separate civil action (e.g., for attachment), civil filing fees apply.

Q: Can I file both with NBI and the Prosecutor at once? A: You can report to NBI for investigation and file with the Prosecutor once your proof is ready. Avoid duplicative filings about the same facts in different venues; coordinate to keep a single, coherent track.

Q: How long does preliminary investigation take? A: Timelines vary with complexity and docket load. Respondent typically has 10 days to submit a counter-affidavit from receipt of subpoena; resolutions follow after submissions. Complex cases (multiple respondents, forensics) take longer.

Q: Can I ask for a Hold Departure Order (HDO)? A: HDOs are ordinarily issued by the trial court after an Information is filed. Prior to filing, the DOJ may issue an Immigration Lookout Bulletin Order (ILBO) in certain cases upon request—this is not a travel ban but assists monitoring at borders.

11) Model Complaint-Affidavit outline (you can adapt)

Title/Caption (OCP/OPP + city/province)
Parties (full names, addresses, IDs; for corporations, SEC details)
Jurisdiction/Venue Allegations
Material Facts (chronological, element-based subheads)
- Deceit/Entrustment
- Reliance/Receipt of Property or Money
- Misappropriation/Non-delivery
- Demand and Refusal (if applicable)
- Damage
Specific Acts of Each Respondent (tie individuals to acts)
Applicable Law (Article 315 RPC; cite modality)
Prayer (criminal charges; civil damages if reserving/waiving, say so)
List of Annexes (A, A-1… with short descriptions)
Verification and Jurat (with ID details)

12) Do’s and Don’ts

Preserve originals (checks, contracts) and maintain chain-of-custody for devices.
Use demand letters (via courier or personal service with acknowledgment).
Keep communications professional; assume they’ll be exhibits.
Mark annexes clearly and prepare clean photocopies for each respondent.

Don’t

Rely solely on unverified screenshots—pair with platform metadata where possible.
Overplead (e.g., throw BP 22 without basis) or under-plead (omit deceit/entrustment details).
Contact respondents in ways that could compromise entrapment or appear coercive.

13) Quick comparison table

Feature	NBI Route	Prosecutor Direct Route
Primary function	Investigation & case build-up	Preliminary investigation
Best for	Unknown/masked suspects; forensics; entrapment; third-party records	Identified suspect; strong documentary case
Subpoena / forensics	Available via NBI investigative powers	Limited—relies on parties’ evidence; clarificatory hearing discretionary
Speed to court	Slower (investigation first, then PI)	Faster to PI and possible filing
Cost	Generally none (operational costs minimal/none for complainant)	Filing is free; incidental costs for notarization, copies
Outcome	Referral to Prosecutor	Information in court (if probable cause)

14) Final pointers

Pick the route that fits your evidence posture. Use the NBI when you need state investigative tools; go straight to the Prosecutor when your elements are already locked in on paper.
Draft like you’ll be cross-examined tomorrow. Tie every claim to a document, message, witness, or traceable act.
Coordinate civil recovery early if you aim to secure assets (e.g., attachment).
Keep everything dated and organized—it accelerates both investigation and prosecution.

Need a fill-in-the-blanks template or a tailored evidence checklist?

Tell me your scenario (entrustment vs deceit, number of respondents, and what documents you already have), and I’ll draft a custom Complaint-Affidavit skeleton and annex index you can use immediately.