Estafa, or swindling, is one of the most common criminal complaints filed in the Philippines. It falls under Article 315 of the Revised Penal Code (RPC) and generally involves the use of deceit or abuse of confidence to cause financial or material damage to another.
One of the most frequent questions from victims and accused parties alike is: "Is there a minimum amount required to file a case for Estafa?"
The short answer is no. However, the amount involved significantly dictates the penalty, the court's jurisdiction, and the practicalities of the legal process.
1. No Minimum Threshold for Criminality
In Philippine law, Estafa is a crime against property. Whether a person is defrauded of ₱100 or ₱100 million, the elements of the crime remain the same. If there is deceit (misrepresentation) or abuse of confidence (misappropriation) that results in damage, a crime has been committed.
There is no "de minimis" rule in the RPC that prevents a victim from filing a case just because the amount is small. As long as the elements of Article 315 are present, a criminal complaint can be initiated.
2. The Impact of Republic Act No. 10951
While the crime exists regardless of the amount, the penalties were significantly adjusted by Republic Act No. 10951 (enacted in 2017). This law updated the 1930s-era values in the Revised Penal Code to reflect modern inflation.
Under the current law, the amount involved determines the prison sentence:
| Amount Involved | Base Penalty (Approximate) |
|---|---|
| Over ₱8.8 Million | Prision Mayor (6 years and 1 day to 12 years) |
| ₱2.4M to ₱8.8M | Prision Correccional maximum to Prision Mayor minimum |
| ₱1.2M to ₱2.4M | Prision Correccional in its medium and maximum periods |
| ₱40,000 to ₱1.2M | Prision Correccional in its minimum and medium periods |
| Less than ₱40,000 | Arresto Mayor (1 month and 1 day to 6 months) |
Note: If the amount exceeds ₱8.8 million, the penalty is the maximum period of Prision Mayor, plus one year for every ₱2 million in excess, but the total penalty cannot exceed 20 years.
3. Jurisdiction: Where Do You File?
The amount also determines which court will hear the case. This is governed by the Judiciary Reorganization Act (BP 129), as amended by RA 11576:
- Metropolitan/Municipal Trial Courts (MeTC/MTCC/MTC): If the claim or the imposable penalty falls within their range (generally for smaller amounts or shorter sentences).
- Regional Trial Courts (RTC): For higher amounts where the penalty exceeds six years of imprisonment.
For civil damages associated with the Estafa, if the amount is ₱1,000,000 or less (outside Metro Manila) or ₱2,000,000 or less (within Metro Manila), the case usually starts at the Municipal level.
4. Small Amounts and the Lupon Tagapamayapa
If the amount is small and both parties reside in the same city or municipality, the case must first undergo Katarungang Pambarangay (Barangay Conciliation).
Under the Local Government Code, most disputes—including Estafa cases where the penalty is light—cannot be filed directly in court or the Prosecutor's Office without a "Certificate to File Action" from the Barangay. This is common in "Estafa by Deceit" involving small debts or minor online seller scams.
5. Estafa vs. Small Claims
It is vital to distinguish between a criminal case (Estafa) and a civil case (Small Claims).
- Estafa: Requires proof of criminal intent (deceit or abuse of confidence). You are asking the state to imprison the person.
- Small Claims: Used for the collection of money (up to ₱1,000,000) where there is no crime, just a failure to pay a debt or a breach of contract.
If you file for Estafa but cannot prove "intent to defraud" (e.g., the person just had bad business luck), the court will likely dismiss the criminal charge and treat it as a purely civil obligation.
Summary
While you can sue for any amount, the Philippine legal system creates different pathways based on the value:
- Small Amounts: Usually go to Barangay Conciliation first.
- Moderate Amounts: Likely handled by Municipal Trial Courts.
- Large Amounts (Large Scale/Syndicated): Can lead to life imprisonment (Reclusion Perpetua) if committed by five or more people.
Would you like me to draft a checklist of the specific documents needed to prove "Deceit" or "Abuse of Confidence" for an Estafa filing?