In the Philippine legal system, Estafa (Criminal Deceit) is a serious offense governed primarily by Article 315 of the Revised Penal Code (RPC), as amended by Republic Act No. 10951. It involves the defrauding of another person through unfaithfulness, abuse of confidence, or false pretenses.

Filing a successful criminal case for Estafa requires a precise understanding of its elements, the specific mode committed, and the procedural steps necessary to initiate prosecution.

I. The Core Elements of Estafa

While there are various forms of Estafa, all share two common indispensable elements:

Deceit or Abuse of Confidence: The offender must have employed fraud, false representations, or a breach of trust to trick the victim.
Damage or Prejudice: The victim must have suffered a loss that can be quantified in money (pecuniary loss) or, at the very least, a disturbance of property rights.

II. Common Modes of Estafa

The requirements for filing vary slightly depending on how the crime was committed. The most common types are:

1. Estafa with Unfaithfulness or Abuse of Confidence

This occurs when there is a pre-existing legal relationship where the offender receives money, goods, or personal property in trust, or for administration, and subsequently misappropriates or converts it.

Specific Requirement: You must prove the existence of a contract or agreement (e.g., a lease, agency, or consignment) where the property was supposed to be returned or delivered to a third party.

2. Estafa by Means of False Pretenses

This is committed by using a fictitious name, falsely pretending to possess power, influence, qualifications, or credit, or by using other similar deceits executed prior to or simultaneous with the commission of the fraud.

Specific Requirement: You must demonstrate that the false pretense was the efficient cause—meaning the victim would not have surrendered their money or property had they known the truth.

3. Estafa by Postdating or Issuing a Worthless Check

Regulated by Article 315, Paragraph 2(d), this occurs when a check is issued in payment of an obligation contracted at the time of issuance, but the check is dishonored due to insufficient funds.

Specific Requirement: A formal Notice of Dishonor must usually be served to the drawer to establish a prima facie evidence of deceit.

III. Documentary and Evidentiary Requirements

To file a complaint with the Office of the Prosecutor, the complainant must prepare a Complaint-Affidavit. This document must be supported by:

Affidavits of Witnesses: Sworn statements from individuals who personally witnessed the deceitful acts or the delivery of money/property.
Proof of Delivery/Payment: Receipts, acknowledgment letters, bank transfer confirmations, or contracts showing the victim handed over the property.
Demand Letter: While not always strictly required for all forms of Estafa, a formal Letter of Demand (with proof of service) is crucial. It serves as evidence that the respondent was given a chance to return the property or pay the amount but failed to do so, reinforcing the element of misappropriation.
Notice of Dishonor: Specifically for cases involving checks, this proves the drawer was notified that the check bounced.

IV. The Procedural Workflow

1. Preliminary Investigation

The process begins by filing the Complaint-Affidavit and supporting evidence with the National Prosecution Service (NPS) under the Department of Justice (DOJ), typically in the city or province where the crime was committed.

2. The Counter-Affidavit

The Prosecutor will issue a subpoena to the respondent, giving them the opportunity to submit a Counter-Affidavit.

3. Resolution

The Prosecutor will determine if there is Probable Cause—a reasonable ground to believe that a crime has been committed and the respondent is probably guilty.

If Probable Cause exists: An "Information" (criminal charge) is filed in court.
If no Probable Cause: The complaint is dismissed.

V. Jurisdiction and Penalties

The court where the case will be tried depends on the amount involved and the potential penalty. Under R.A. 11576, the jurisdiction of the Metropolitan Trial Courts (MeTC), Municipal Trial Courts (MTC), and Regional Trial Courts (RTC) is determined by the value of the property or the amount of the fraud.

Penalties: The Revised Penal Code provides a sliding scale of penalties. The higher the amount defrauded, the more severe the imprisonment term. Following the amendments in R.A. 10951, the monetary thresholds have been adjusted to reflect modern inflation.

VI. Civil Liability

In the Philippines, when a criminal action for Estafa is instituted, the civil action for the recovery of the money or property is impliedly instituted with it, unless the victim waives the civil action, reserves the right to file it separately, or institutes the civil action prior to the criminal action.