How to File an Estafa Case Against a Scammer in the Philippines

A step-by-step legal primer for victims, advocates, and students

1. What Is Estafa?

Under Article 315 of the Revised Penal Code (RPC)—as amended by Republic Act 10951 (2017)—estafa is any act of deceit (fraud) or abuse of confidence that causes another person to suffer damage or prejudice. It may be committed through four broad modes:

Mode	Typical Scenario	Key Element
a. Misappropriation/Conversion	Money or property is entrusted (e.g., partnership funds), then pocketed or used for a different purpose.	Abuse of confidence
b. False Pretenses	Scammer pretends to possess power, property, qualification, credit, or fictitious name to induce a victim to deliver money/property.	Fraudulent representation
c. Fraudulent Acts	Use of deceptive tricks (e.g., shell companies, Ponzi-type schemes).	Artifice or deceit
d. Bouncing Checks (Overlap with B.P. 22)	Issuing a check knowing there are no funds or the account is closed.	Issuance of unfunded instrument

2. Elements You Must Prove

Accused received money, goods, or other personal property—personally or through an agent.
Obligation to deliver, return, or apply that property for a specific purpose.
Misappropriation, conversion, or denial of receipt.
Damage or prejudice to the victim capable of pecuniary estimation.

Tip: Screenshots, bank slips, delivery receipts, chats, emails, and sworn witness statements are crucial.

3. Penalties & Prescription

After RA 10951 the penalties were “inflation-indexed.” The amount defrauded now controls both the penalty and the prescriptive period:

Amount Involved	Penalty (Imprisonment)	Approx. Prescription
≤ ₱40,000	Arresto mayor (1 mo. 1 day – 6 mos.)	5 years
₱40,001 – ₱1.2 M	Prisión correccional (6 mos. 1 day – 6 yrs.)	10 years
₱1.2 M – ₱2.4 M	Prisión mayor (6 yrs. 1 day – 12 yrs.)	15 years
> ₱2.4 M	Reclusión temporal (12 yrs. 1 day – 20 yrs.)	15 years

Civil restitution (return of the amount plus legal interest) is automatically part of the criminal judgment. A separate civil case is unnecessary unless you need provisional relief (e.g., attachment) while the criminal case is pending.

4. Jurisdiction & Venue

Stage	Office / Court	How Venue Is Determined
Pre-filing	Office of the City/Provincial Prosecutor (OCP/OPP)	Where the deceit or the demand for return occurred, or where payment was delivered.
Trial	Regional Trial Court (RTC) if the amount > ₱400,000 (Metro Manila) or > ₱200,000 (elsewhere); Municipal Trial Court otherwise.	Same territorial rule as filing.
Cyber-estafa	RTC (Special Cybercrime Court) regardless of amount.	Either physical location of any element or where the offended party resides.

No Barangay conciliation is required because estafa always carries a penalty above one year or a fine above ₱5,000—placing it among the Katarungang Pambarangay exclusions.

5. Pre-Filing Checklist

Demand Letter (Optional but Strategic) Purpose: puts the scammer in delay, shows good faith, and sometimes triggers settlement. Send via registered mail and keep the registry receipt.
Gather Evidence
- Official receipts, contracts, cheques
- Screenshots of chats/emails, call logs
- Bank transfer confirmations
- Sworn statements of witnesses
Draft an Affidavit-Complaint
- Narrate facts chronologically.
- Identify all violators (individuals and officers of a company).
- Attach evidence as Annexes, label them clearly.
- Swear before a notary or administering prosecutor.
Photocopies (3–4 sets): one each for prosecutor, accused, court, and your file.

6. Filing With the Prosecutor

Step	What Happens	Practical Note
a. Lodgment	Submit affidavit-complaint & annexes to the docket/receiving section of OCP/OPP.	No filing fee for criminal complaints.
b. Docketing & Raffling	Case number assigned; prosecutor-investigator selected.	Keep your stamped-received copy.
c. Subpoena	Accused is given 10 days to file a counter-affidavit. Extensions are discretionary.	Track via phone/email—delays are common.
d. Clarificatory Hearing (Rare)	Prosecutor may invite parties for questioning or to submit additional documents.	Bring originals for authentication.
e. Resolution	Probable Cause found → Information prepared. No Probable Cause → dismissal; you may file a petition for review with DOJ within 15 days.

Average timeline: 3–6 months in busy cities.

7. Court Proceedings

Filing of Information & Bail
- Prosecutor files Information with the proper court.
- Judge sets recommended bail (often 2–4× the amount defrauded).
Arraignment & Plea (within 30 days of court’s receipt).
Pre-trial
- Mark exhibits, stipulate facts, explore plea bargain.
Trial Proper
- Prosecution Evidence → Demurrer (optional) → Defense Evidence → Rebuttal.
Promulgation of Judgment
- Conviction: imprisonment + restitution + costs.
- Acquittal: property returned (if deposited in court).
Appeal
- To Court of Appeals (Rule 124) within 15 days, or petition for review to DOJ if dismissal at PI level.

8. Special Situations

Scenario	Additional Law / Forum	Pointer
Online swindling (social-media marketplace, crypto, etc.)	Cybercrime Prevention Act (RA 10175)	Evidence preservation order; coordinate with Cybercrime Division (PNP-ACG or NBI-CCD).
Bouncing check plus estafa	B.P. 22 and Art. 315 (2)(d) RPC	You may file both—they are distinct offenses.
Corporate officers diverting funds	Revised Corporation Code remedies plus estafa	Sue officers individually; liability is personal.
Multiple victims (large-scale)	Syndicated Estafa (PD 1689)	Non-bailable if syndicate (≥ 5 persons) and amount ≥ ₱10 M.

9. Costs & Timelines at a Glance

Item	Typical Cost	When Payable
Notarization of affidavit	₱150–₱400	Before filing
Certification/photocopies	₱5–₱20 per page	Filing day
Bail (ordinary estafa)	Variable; court’s discretion	After Information is filed
Appearance fee (private lawyer)	₱3,000–₱10,000 per hearing (outside Metro Manila often lower)	Each setting
Estimated total duration	1–2 years (trial level)	Metro docket may run longer

10. Practical Tips

Document everything early. Banks may destroy CCTV or transaction logs after 30–60 days.
Secure digital evidence integrity. Use hash values or execute a digital forensic imaging if you anticipate challenges.
Serve a demand letter even if not required—it strengthens the “damage” element and shows good faith.
Coordinate with law enforcement if arrest is likely (e.g., airport watch-list, in-flagrante inquest).
Prescriptive period stops once a complaint is filed—do not rely on verbal promises to pay.
Check the accused’s true identity (NBI clearance, ID validation) to avoid suing the wrong person.
Consider a civil action for attachment if there is danger the assets will be disposed of before conviction.

11. Frequently Asked Questions

Question	Short Answer
Can I sue for estafa and still file a separate civil case?	The civil action is deemed impliedly instituted with the criminal case unless you reserve the right to sue separately.
What if the scammer is abroad?	File the case; prosecutor may request an Interpol notice or extradition (if treaty exists), but recovery may entail a civil suit overseas.
Is repayment a defense?	Return of the amount after the crime only mitigates liability; it does not erase criminal liability.
Will a settlement stop the case?	Only the court (or prosecutor before filing) can approve withdrawal. Private desistance is persuasive but not binding once public interest is involved.

12. Disclaimer

This article is informational and not a substitute for independent legal advice. Laws and procedural rules change, and factual nuances can dramatically affect outcomes. Consult a licensed Philippine lawyer for advice specific to your situation.

Prepared June 28 2025 with the latest statutory benchmarks (RA 10951, RA 10175, PD 1689, B.P. 22, Rev. Corp. Code, A.M. No. 07-9-12-SC “Rule on Examination of Child Witness”).