Procedure for Filing an Estafa Case in the Philippines

(Comprehensive legal guide for complainants, lawyers, and researchers)

Disclaimer: This article is for general information only and does not constitute legal advice. Laws and jurisprudence are cited as of 18 June 2025. Consult a Philippine lawyer for advice on a specific situation.

1. What Is Estafa?

Legal basis	Core idea	Typical examples
Article 315, Revised Penal Code (RPC)	Fraud or abuse of confidence causing damage or prejudice	Issuing bouncing checks, double-selling property, misappropriating entrusted money
Article 316	Other frauds (e.g., selling encumbered property)	Mortgage one car to several creditors
Article 317	Swindling a minor	Inducing minors to bet or sign documents
Article 318	Other deceits (catch-all)	“Budol-budol,” fake raffles
Special Laws	E-commerce or securities fraud may be charged as cyber estafa under RA 10175 or as investment fraud under RA 11765 (Financial Products and Services Consumer Protection Act)

Key element—deceit or abuse of confidence. Damage may be patrimonial (money/property) or non-patrimonial (prejudice capable of pecuniary estimation).

2. Elements by Mode (Art. 315)

Mode	Essential elements (must ALL be proved)
a. Abuse of confidence	(1) Money/property received in trust, on commission, or for administration; (2) Misappropriation or conversion; (3) Prejudice to owner; (4) Demand by owner (jurisprudentially persuasive but not indispensable).
b. False pretenses/deceit (sub-modes)	i. Using fictitious name/pretending to possess power/credit; ii. Altering quality or quantity of goods; iii. Bouncing checks (B.P. 22 may be filed alternatively); iv. Other fraudulent means. Common elements: (1) False representation prior to or simultaneous with fraud; (2) Reliance thereon; (3) Damage.
c. Fraudulent means without abuse of confidence	“Swindles” not falling under (a) or (b).

3. Jurisdiction, Venue, and Penalty

Amount defrauded*	Court with jurisdiction	Maximum penalty (post-RA 10951 revaluation)**
≤ ₱2,000,000	First-level court (MTCC/MTC/MCTC)	Prisión correccional (≤ 6 yrs)
> ₱2,000,000	Regional Trial Court (RTC)	Prisión mayor to reclusión temporal (6 yrs 1 day–20 yrs)
Any amount via cyber means	RTC – Cybercrime Court	Penalty 1 degree higher (Art. 315 + Sec. 6, RA 10175)

* Single act or totality rule applies (sum all amounts in a continuing crime). ** Penalties scale with amount; refer to Art. 315 as amended by RA 10951.

Venue: The crime may be filed where (a) the deceit was committed, (b) any element occurred, or (c) the demand was made/received (particularly for check estafa).

Prescription:

Ordinary estafa: 15 years (Art. 90, RPC).
With public funds/public officer: 20 years.
Running is interrupted by filing of complaint-affidavit with the prosecutor.

4. Who May File & Standing

Offended party/owner (natural or juridical).
Duly authorized representative (board resolution, SPA).
Law enforcement (PNP, NBI) can initiate in flagrante cases, but the prosecutor still determines probable cause.

5. Evidence Checklist

Sworn Statement / Complaint-Affidavit (narrative + elements).
Documentary proof
- Receipts, contracts, checks (front & back), demand letters, proofs of delivery
- Bank records (via subpoena duces tecum or AMLC)
- SEC/DTI documents (to show fictitious business)
Secondary evidence (texts, emails, call recordings; print with authentication).
Witnesses: executing officers, notaries, handwriting experts.
Demand letter & proof of receipt (registered mail registry or courier tracking) – persuasive for misappropriation modes.

6. Step-by-Step Procedure

A. Pre-Complaint Stage

Gather evidence; have originals photocopied and marked.
Draft Complaint-Affidavit (CA) and Joint-Sinumpaang-Salaysay of witnesses.
Notarize/subscribe CA before Assistant City/Provincial Prosecutor or Admin Officer-designated.

B. Filing with the Office of the City/Provincial Prosecutor (OCP/OPP)

File & docket: Secure reference number; pay minimal filing fee (varies by LGU; usually ₱50–₱200).
Raffle to handling prosecutor.

C. Preliminary Investigation (Rule 112, Rules of Criminal Procedure)

Subpoena issued to respondent → 10 days to file Counter-Affidavit (CAFF).
Complainant’s Reply (optional) → 5–10 days.
Clarificatory hearing (discretionary).
Resolution: Probable cause found → Information drafted; otherwise, dismissal.

Remedies against dismissal
- Motion for Reconsideration (MR) within 15 days.
- Petition for Review to DOJ (Sec. 12, Rule 112) within remaining period or 5 days from notice of denial of MR.

D. Court Proceedings

Filing of Information: Prosecutor files with RTC or MTC, attaching supporting resolution.
Issuance of Warrant or Summons (Sec. 6, Rule 112).
Bail: Estafa is generally bailable; amount per DOJ-Bail Guide (e.g., ₱40,000–₱120,000 in lower courts; adjusted upward for large amounts or cyber aggravation).
Arraignment within 10 days of court’s acquisition of jurisdiction; plea entered.
Pre-Trial (Rule 118) – stipulations, marking of exhibits, possible plea-bargain.
Trial Proper
- Prosecution evidence → cross-examination.
- Demurrer to Evidence (Sec. 23, Rule 119) optional.
- Defense evidence.
- Formal offer of evidence; Memoranda if required.
Decision: Acquittal or conviction; civil liability adjudged.
Post-Judgment Remedies
- MR or Motion for New Trial within 15 days (Rule 121).
- Appeal: RTC decisions → CA; CA decisions → SC.

7. Civil Aspect & Restitution

Civil action impliedly instituted unless the offended party waives, reserves, or files separately (Sec. 1(b), Rule 111).
Restitution or Reparation may be ordered even on acquittal if the act or omission is proven.
Attachment (Rule 57): You may apply for a writ at any stage to secure assets equivalent to the defrauded amount.

8. Special Situations

Scenario	Key notes
B.P. 22 (Bouncing Checks)	You may file either B.P. 22 or estafa based on deceit; filing one does not bar the other (separate elements).
Cyber Estafa	Information must allege use of computer device/online platform; venue may be the complainant’s residence (Sec. 21, RA 10175 IRR).
Corporate Respondent	Only corporate officers/agents personally liable if deceit is attributable to them (People v. Spouses Go, G.R. 168539, 2010).
Public Officer Involved	May constitute malversation or plunder instead.
Settlement / Affidavit of Desistance	Does not automatically dismiss a criminal case once Information is filed; court discretion applies (People v. Baccay, G.R. 223575, 2017).

9. Defenses Commonly Raised

Lack of Demand (for misappropriation).
Payment/Novation prior to complaint (extinguishes civil but not criminal liability, though may negate deceit).
Good faith / No intent to defraud.
Document forgery / signature denial (requires handwriting exam).
Prescription (if filed after 15 years).

10. Practical Tips for Complainants

Chronology matters: Attach a timeline in your CA.
Authenticate screenshots: Print-out with hash values or use notary public’s e-evidence procedure.
Serve demand by registered mail with registry receipt and tracking print-out; personal service is even better (get “Received” signature).
Secure PSA-certified IDs of parties for identity proof.
Expect delay: Typical PI may take 4–8 months; trial 3–5 years. Consider civil action or compromise for faster recovery.
Keep receipts for filing fees, bail, and litigation costs—these may be recoverable as actual damages.

11. Frequently Asked Questions

Can I go straight to court without the prosecutor? Only if the accused is already in in flagrante custody; otherwise you must pass the PI stage.
Is estafa a heinous crime? No. Penalties max out at reclusión temporal (≤ 20 yrs).
May I file in the barangay? Estafa exceeds ₱10,000 and is criminal; Katarungang Pambarangay handles small-claims civil disputes only.
Can I sue for emotional distress, too? Yes—file an independent civil action for quasi-delict (Art. 33, Civil Code) or include it in damages claim.
What if the respondent flees abroad? Ask the prosecutor or court to issue an HDO/ILBO; coordinate with BI and DFA. You may also pursue recognition and enforcement of foreign judgments if assets are overseas.

12. Summary Flowchart

Demand / Evidence Gathering
Complaint-Affidavit → OCP
Preliminary Investigation
Information → Court
Warrant / Bail → Arraignment
Pre-Trial → Trial
Decision → Remedies / Execution

(Keep this one-page flow for quick reference in your litigation folder.)

Key Statutes & Circulars Cited

Revised Penal Code, Arts. 315–318; Arts. 90–92 (prescription); Art. 17 (principal by inducement).
RA 10951 (2017) – value adjustment.
RA 10175 (Cybercrime Prevention Act, 2012) & IRR (2015).
Rules of Criminal Procedure, as amended by AM 20-06-14-SC (effective 1 May 2021).
DOJ Department Circular 70 (2023) – National Prosecution Service manual.
BIR RR 012-2021 – admissibility of e-invoices.

Final Note

While estafa is a potent remedy against fraudsters, its criminal nature means proof beyond reasonable doubt is required. Meticulous documentation and timely action are therefore indispensable. For tailored advice or representation, consult a bar-licensed Philippine lawyer specializing in criminal litigation or financial fraud.