In the Philippine legal system, the crime of Estafa is governed primarily by Article 315 of the Revised Penal Code (RPC). It covers various forms of deceit or fraud resulting in damage or prejudice to another. One of the most frequently asked questions in connection with Estafa is:
What is the minimum amount required to file criminal charges for Estafa in the Philippines?
Below is a comprehensive breakdown of what you need to know.
🔍 Definition of Estafa (Article 315, RPC)
Estafa is committed when a person defrauds another by abuse of confidence or deceit, causing damage or prejudice. It may occur through various methods, including:
- Misappropriation or conversion of money or property received in trust
- Use of false pretenses or fraudulent acts to induce another to part with money
- Issuance of a worthless check (bounced check)
- Any other form of deceit causing damage
💰 Threshold Amounts and Penalties for Estafa
The penalty imposed for Estafa depends primarily on the amount defrauded, as amended by Republic Act No. 10951 (effective since September 2017). Here's a summary of the penalty matrix:
1. Amount Below ₱40,000
- Penalty: Arresto mayor (1 month and 1 day to 6 months)
- Remarks: This is the minimum amount for criminal prosecution under Estafa.
2. ₱40,000 to Below ₱1,200,000
- Penalty: Prision correccional in its maximum period (4 years, 2 months, and 1 day to 6 years)
3. ₱1,200,000 to ₱2,400,000
- Penalty: Prision mayor in its minimum and medium periods (6 years and 1 day to 10 years)
4. Over ₱2,400,000
- Penalty: Prision mayor in its maximum period (10 years and 1 day to 12 years)
- The court may add one year for every additional ₱1 million but total imprisonment shall not exceed 20 years.
✅ Minimum Amount for Filing a Criminal Case
There is no required “minimum” amount to file an Estafa case — even amounts below ₱40,000 are prosecutable. However, the penalty becomes lighter, and the case may qualify for summary procedure if the amount involved is small.
While a person can be held criminally liable regardless of the amount, prosecutors often use judicial discretion to focus resources on more substantial cases unless:
- There is repeated or habitual fraud
- There are aggravating circumstances
- The public interest demands prosecution
📜 Estafa Through Bounced Checks: Special Case
If Estafa is committed via bounced checks, the case may also be pursued under:
- Batas Pambansa Blg. 22 (BP 22) — for issuing worthless checks, even if there is no deceit
- Article 315 par. 2(a) — Estafa through false pretenses
The threshold doesn’t matter for BP 22, but combining it with Estafa depends on the deceitful element and resulting damage.
⚖️ Civil vs. Criminal Liability
Even if the amount involved is small, Estafa remains a criminal offense distinct from civil obligations like debt. However, if the deceit element is absent and the issue is purely financial obligation (e.g., unpaid loan), the matter is civil in nature, and no Estafa charge will prosper.
📝 Requirements to Prove Estafa
For successful prosecution, the following elements must be proven:
- Deceit or abuse of confidence
- Prejudice or damage caused
- Direct causal link between deceit and the damage
- Amount or value of damage
🧾 Summary Table
| Amount Defrauded | Penalty | Remarks |
|---|---|---|
| Below ₱40,000 | Arresto mayor (1–6 months) | Still criminally prosecutable |
| ₱40,000 – ₱1.2M | Prision correccional (up to 6 yrs) | Estafa with moderate damage |
| ₱1.2M – ₱2.4M | Prision mayor (6–10 yrs) | Heavier fraud |
| ₱2.4M and above | Up to 20 years imprisonment | With scaling penalty per ₱1M increase |
🛡️ Important Notes
- No need for a minimum amount to file Estafa — damage and deceit are key.
- Multiple victims or cases may result in complex or syndicated Estafa, which carry heavier penalties.
- Victims must gather documentary evidence: receipts, contracts, messages, affidavits.
- Prescription period: Varies depending on the penalty but generally ranges from 2 to 20 years.
If you need tailored legal advice for a specific Estafa situation (e.g., documents to prepare, likelihood of success), it’s best to consult with a licensed Philippine lawyer or the Public Attorney's Office (PAO).