In the Philippines, the act of consuming food or drinks at a bar or restaurant and then intentionally refusing to pay—colloquially known as "dine and dash"—is not merely a civil matter or a breach of contract. It is a criminal offense. Specifically, this act falls under the category of Estafa (Criminal Deceit) as defined by the Revised Penal Code (RPC).
The Legal Basis: Article 315 of the Revised Penal Code
Under Article 315, Paragraph 2(e) of the Revised Penal Code, Estafa is committed by any person who defrauds another by:
"Obtaining food, refreshments, or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or apartment house without paying therefor, with intent to defraud the proprietor or manager thereof, or by obtaining credit at [the same] by means of any false show of baggage or effects, or by abandoning such establishments or removing any part of his baggage or effects therein without paying for such food, refreshments, or accommodation."
Key Elements of the Crime
For a person to be successfully prosecuted for Estafa in this context, the following elements must be present:
- Availment of Services: The offender obtained food, drinks, or refreshments from a restaurant or bar.
- Failure to Pay: The offender failed to settle the bill.
- Intent to Defraud (Deceit): This is the most crucial element. The prosecution must show that the person had no intention of paying from the very beginning.
Proof of Fraudulent Intent
The law assumes "intent to defraud" based on certain actions. Common indicators include:
- Surreptitious Departure: Sneaking out while the staff is busy.
- False Representation: Claiming to have money, a working credit card, or a high status to gain service, knowing well that one cannot pay.
- Absconding: Leaving behind empty bags or "dummy" items to make it look like the patron is still present or intends to return.
Penalties
The penalties for Estafa were adjusted by Republic Act No. 10951 in 2017 to reflect modern monetary values. The gravity of the penalty depends entirely on the amount of the bill:
| Amount Defrauded | Penalty (Revised Penal Code) |
|---|---|
| Not exceeding ₱40,000 | Arresto Mayor (1 month and 1 day to 6 months) |
| ₱40,001 to ₱1,200,000 | Prision Correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months) |
| ₱1,200,001 to ₱2,400,000 | Prision Correccional in its maximum period to Prision Mayor in its minimum period (4 years, 2 months, and 1 day to 8 years) |
Note: For most restaurant cases, the amount falls under the first bracket, but it still results in a permanent criminal record if a conviction is secured.
Civil vs. Criminal Liability
It is important to distinguish between a genuine inability to pay and Estafa.
- Civil Liability: If a customer honestly forgets their wallet or their only credit card is unexpectedly declined, and they offer a way to settle the debt (e.g., leaving a valid ID, signing a promissory note, or arranging for payment later), the "intent to defraud" is likely absent. This becomes a simple civil debt.
- Criminal Liability: If the customer refuses to provide identification, flees the premises, or acts with malice, the incident crosses into criminal territory.
Rights of the Establishment
While restaurant owners and staff have the right to call the police and initiate an inquest, they must exercise caution:
- Unlawful Detention: Staff cannot physically lock a customer in a room or use excessive force, as this could lead to charges of Illegal Detention or Coercion.
- Citizen's Arrest: Under the Rules of Court, a merchant or security guard may perform a "citizen's arrest" if the person is caught in the act of committing a crime (theft or estafa) in their presence, provided the person is immediately turned over to the nearest police station.
Conclusion
In the Philippines, "dining and dashing" is a form of swindling. The law protects business owners from the loss of property and services through the penal provisions of Estafa. While a sincere mistake may lead to a civil settlement, the intentional act of consuming and absconding is a crime punishable by imprisonment.