Penalties for Estafa Under Articles 315-318 of the Revised Penal Code of the Philippines

Introduction

Estafa, commonly translated as swindling or fraud, is a crime against property under Title Ten of the Revised Penal Code (RPC) of the Philippines, as amended by Republic Act No. 10951 (An Act Adjusting the Amount or the Value of Property and Damage on Which a Penalty is Based, and the Fines Imposed Under the Revised Penal Code). Articles 315 through 318 of the RPC specifically address various forms of estafa, outlining the acts that constitute the offense and the corresponding penalties. These penalties are graduated based on factors such as the amount defrauded, the nature of the deceit, and specific circumstances involving the victim or the offender.

The penalties under these articles are primarily afflictive or correctional in nature, drawing from the RPC's penalty scale: reclusion temporal (12 years and 1 day to 20 years), prisión mayor (6 years and 1 day to 12 years), prisión correccional (6 months and 1 day to 6 years), arresto mayor (1 month and 1 day to 6 months), and arresto menor (1 day to 30 days). Fines may also be imposed, often tied to the value of the damage caused. The adjustments under RA 10951 updated the monetary thresholds to reflect inflation and economic changes, increasing the amounts that determine penalty brackets.

Penalties can be modified by aggravating or mitigating circumstances under Articles 13, 14, and 64 of the RPC. For instance, if the offender is a recidivist or if the crime involves abuse of confidence, the penalty may be increased. Additionally, accessory penalties such as disqualification from public office or perpetual special disqualification may apply, especially for higher penalties. Civil liability, including restitution and indemnification, is also mandatory under Article 100 of the RPC.

This article provides a comprehensive overview of the penalties for estafa under Articles 315-318, including the specific acts penalized, penalty structures, and relevant legal considerations in the Philippine context.

Article 315: Swindling (Estafa)

Article 315 is the core provision on estafa, criminalizing fraud through false pretenses, deceitful acts, or abuse of confidence. The elements include: (1) deceit or abuse of confidence; (2) damage or prejudice to another; and (3) intent to defraud. The acts include misappropriating property received in trust, using false pretenses to obtain property, or issuing postdated checks with insufficient funds (as amended by PD 818 and RA 10951).

Penalty Structure

The penalty is scaled based on the amount of fraud or damage caused, with thresholds adjusted by RA 10951. The base acts must involve one of the specified means (e.g., unfaithfulness or abuse of confidence, false pretenses, or fraudulent acts). If the amount is not proven or is minimal, the lowest penalty applies.

If the amount exceeds P4,400,000: The penalty is reclusion temporal in its medium and maximum periods (14 years, 8 months, and 1 day to 20 years). For every additional P2,000,000 (or fraction thereof) beyond P4,400,000, one year is added, but the total shall not exceed 40 years (termed reclusion perpetua for accessory penalty purposes).
If the amount is over P2,400,000 but does not exceed P4,400,000: Prisión mayor in its maximum period to reclusion temporal in its minimum period (10 years and 1 day to 14 years and 8 months).
If the amount is over P1,200,000 but does not exceed P2,400,000: Prisión mayor in its medium and maximum periods (8 years and 1 day to 12 years).
If the amount is over P40,000 but does not exceed P1,200,000: Prisión mayor in its minimum and medium periods (6 years and 1 day to 10 years).
If the amount is over P10,000 but does not exceed P40,000: Prisión correccional in its maximum period to prisión mayor in its minimum period (4 years, 2 months, and 1 day to 8 years).
If the amount is over P1,000 but does not exceed P10,000: Prisión correccional in its medium and maximum periods (2 years, 4 months, and 1 day to 6 years).
If the amount does not exceed P1,000: Arresto mayor (1 month and 1 day to 6 months).

These penalties assume the fraud was committed through specified means. If the act involves issuing a check with insufficient funds (estafa through bouncing checks), PD 818 imposes a penalty one degree higher than the above, with a minimum of prisión mayor if the amount is over P200 (pre-RA 10951 threshold, but adjusted proportionally).

Aggravating and Special Circumstances

If committed by a syndicate (three or more persons), the penalty is one degree higher (RA 10951).
Prescription periods: 20 years for penalties involving reclusion temporal or higher; 15 years for prisión mayor; 10 years for prisión correccional; 5 years for arresto mayor.
No probation if the penalty exceeds 6 years (Probation Law, as amended).

Article 316: Other Forms of Swindling

Article 316 covers additional acts of swindling not falling under Article 315, such as knowingly selling mortgaged property as free from encumbrance, wrongfully removing property subject to a lien, or accepting payment for services not intended to be rendered.

Penalty Structure

The uniform penalty is arresto mayor in its minimum and medium periods (1 month and 1 day to 4 months), plus a fine not less than the value of the damage caused and not more than three times such value.

Adjusted by RA 10951: If the value exceeds P1,000,000, the penalty is prisión correccional in its minimum and medium periods (6 months and 1 day to 4 years and 2 months), with the fine adjusted accordingly.
For lesser amounts, the base penalty applies, with fines scaled to the damage (e.g., minimum fine equals damage, maximum up to triple).

Additional Considerations

If the act involves real property, civil actions for rescission or damages may coincide.
Aggravating if committed with abuse of confidence (e.g., by a real estate agent).
Prescription: 5 years.

Article 317: Swindling a Minor

This article penalizes taking advantage of a minor's inexperience, emotions, or feelings to induce them into obligations, releases, or transfers of property rights that are detrimental, such as loans with inadequate consideration.

Penalty Structure

The penalty is arresto mayor (1 month and 1 day to 6 months) and a fine ranging from 10% to 50% of the value of the obligation or property involved.

RA 10951 Adjustments: If the value exceeds P1,000,000, the penalty increases to prisión correccional in its minimum period (6 months and 1 day to 2 years and 4 months), with the fine percentage applied to the value.
The fine is discretionary, based on the court's assessment of the detriment.

Special Notes

Victim must be under 18 (age of majority under RA 6809).
Contracts induced are voidable, allowing civil annulment.
Prescription: 5 years.
Often prosecuted alongside violations of child protection laws (e.g., RA 7610).

Article 318: Other Deceits

Article 318 is a catch-all for deceits not covered elsewhere, such as general fraud causing damage or interpreting dreams/fortunes for profit by exploiting public credulity.

Penalty Structure

For general deceits causing damage: Arresto mayor (1 month and 1 day to 6 months) and a fine not less than the damage caused and not more than twice such amount.
For fortune-telling, dream interpretation, etc.: Arresto menor (1 day to 30 days) or a fine not exceeding P40,000 (adjusted by RA 10951 from original P200).
RA 10951 Scaling: If damage exceeds P1,000,000, penalty escalates to prisión correccional in its minimum period (6 months and 1 day to 2 years and 4 months), with fine up to double the damage.
For minor deceits without quantifiable damage, the lower penalty applies.

Additional Considerations

Often overlaps with estafa under Article 315 if deceit is more specific.
Prescription: 1 year for arresto menor; 5 years for arresto mayor.
No civil liability if no actual damage, but moral damages possible.

General Provisions Affecting Penalties

RA 10951 Amendments: Updated all monetary thresholds (e.g., original P200 to P1,000 for lowest brackets) and increased maximum fines/penalties for high-value frauds.
Indeterminate Sentence Law (RA 4103): Courts impose minimum and maximum terms within the penalty range (e.g., for prisión mayor, minimum from 6 years 1 day to 8 years, maximum up to 12 years).
Accessory Penalties: For reclusion temporal or higher, perpetual absolute disqualification; for prisión mayor, temporary absolute disqualification.
Complex Crimes: If estafa is committed with falsification (Article 171-172), the penalty for the graver offense applies in its maximum period.
Jurisdiction: Municipal Trial Courts for penalties not exceeding 6 years; Regional Trial Courts for higher.
Prescription of Offense: Starts from discovery of the crime, varying by penalty as noted.
Amnesty/Pardon: Possible for political aspects, but rare for estafa.
Jurisprudence: Supreme Court rulings (e.g., People v. Gabres) emphasize that damage must be actual and quantifiable; intent is key. Bouncing checks cases often cite Luis B. Reyes' commentaries on RPC.

In summary, penalties for estafa under Articles 315-318 are designed to deter fraud by scaling with the economic impact, protecting vulnerable parties, and ensuring restitution. Prosecutors must prove deceit and damage beyond reasonable doubt, with defenses like lack of intent or good faith potentially mitigating penalties. For specific cases, consultation with legal counsel is advised, as amendments and jurisprudence continue to evolve.