Step-by-Step Process of Filing an Estafa Case in the Philippines

(A practical legal article in Philippine context)

1. Overview: What “Estafa” Means Under Philippine Law

“Estafa” is the common term for swindling or fraud punished under the Revised Penal Code (RPC), Article 315, and related provisions. It generally involves deceit that causes damage or prejudice to another.

To be estafa, the act must usually have these core elements:

Deceit or abuse of confidence (fraudulent act, misrepresentation, or betrayal of trust),
Damage or prejudice capable of pecuniary estimation, and
A causal link between the deceit/abuse and the damage.

Estafa is a criminal case, meaning it is filed in the name of the People of the Philippines. The offended party is the complainant and key witness, but the prosecutor controls the case once filed.

2. Common Types of Estafa You Might Encounter

Article 315 groups estafa into major categories. Knowing which applies helps you frame your complaint properly.

A. Estafa With Abuse of Confidence (Art. 315(1))

Examples:

Misappropriation or conversion of money/property received in trust, on commission, for administration, or under an obligation to return.
A person receives money to buy something for you, but uses it for personal purposes and refuses to return it.

Key idea: You gave property lawfully, but the accused later betrayed the trust.

B. Estafa by Means of False Pretenses or Fraudulent Acts (Art. 315(2))

Examples:

Pretending to own property and selling it.
Using fake identity or fake authority to get money.
Inducing someone to invest based on false claims.

Key idea: You gave property because you were tricked from the start.

C. Estafa Through Fraudulent Schemes (Art. 315(3))

Examples:

Over-issuing checks with no funds (not the same as BP 22, but can overlap).
Defrauding by other similar means recognized by law.

3. Estafa vs. “Breach of Contract”: Why Distinction Matters

Many disputes are civil, not criminal. Prosecutors dismiss estafa complaints if the case is only a failure to pay or perform a contract without deceit.

Indicators of criminal estafa:

False statements made to get your money,
Intent to defraud already present at the start,
Refusal to return property held in trust,
Evidence of misuse (e.g., spending entrusted funds elsewhere).

Indicators of civil liability only:

Ordinary business loss,
Failure to pay a debt without fraud,
Contract dispute with no misrepresentation,
Good faith inability to perform.

If you file estafa but evidence points only to a civil case, you risk dismissal and delay. Sometimes you may need both: a criminal case for estafa plus a civil case for collection/damages.

4. What You Need Before Filing

A. Gather Evidence

You must show deceit/abuse + damage. Useful evidence includes:

Receipts, acknowledgment, delivery/transaction documents
Contracts, MOAs, promissory notes
Chat messages, emails, text messages
Bank records, deposit slips, transfer proofs
Checks issued (with dishonor slips if any)
Affidavits of witnesses
IDs, addresses, business details of accused

Tip: Preserve original documents and prepare photocopies.

B. Identify the Correct Offense

Some cases involve compound or parallel offenses, e.g.:

Estafa + BP 22 (Bouncing Checks Law) if checks were used.
Estafa + other special laws if investment scams involve securities or business violations.

A prosecutor will determine final charging, but your complaint should be clear on facts supporting estafa.

C. Determine Venue (Where to File)

Criminal cases are filed where:

The crime was committed, or
Any essential element occurred (e.g., where money was received, where deception happened).

Correct venue is crucial—wrong venue means dismissal.

5. Step-by-Step Filing Process

Step 1: Prepare Your Complaint-Affidavit

This is your sworn narrative. It should include:

Your personal circumstances
Accused’s personal circumstances (name, address, identifiers)
Chronological facts:
- How you met / dealt
- What representations were made
- When and how money/property was given
- What the accused did afterward
- How you discovered fraud/abuse
Damage suffered (amount, property value)
Supporting documents attached as annexes
Prayer/relief: asking for prosecution

Have it notarized. Attach all evidence with labels (Annex “A”, “B”, etc.).

Style tip: Avoid conclusions like “he is a scammer.” Stick to facts and proof.

Step 2: File at the Office of the Prosecutor (City/Provincial Prosecutor)

Submit:

Complaint-affidavit
Supporting documents
Copies for each respondent
Valid IDs

Pay any minimal filing/administrative fees required by the office.

You will receive a docket/complaint number.

Step 3: Prosecutor’s Evaluation & Issuance of Subpoena

If your complaint is sufficient on its face, the prosecutor issues a subpoena to the respondent directing them to submit a Counter-Affidavit (usually within a set period).

If the complaint is weak or purely civil, the prosecutor may dismiss outright.

Step 4: Submission of Counter-Affidavit by Respondent

The respondent answers your claims with their own evidence/attachments.

Common defenses:

No deceit, just business failure
Payment was partial or promised later
You consented to risk
Money was never entrusted under obligation to return

Step 5: Reply-Affidavit (Optional but Important)

You may file a reply to rebut new allegations. Do not repeat your story—answer their defenses directly.

Step 6: Clarificatory Hearing (If Called)

Some prosecutors hold a brief hearing to ask questions. Not all cases require this.

Be ready with:

Originals of documents
Clear memory of timelines
Witnesses if needed

Step 7: Resolution and Finding of Probable Cause

The prosecutor issues a Resolution:

If probable cause exists: Information is filed in court.
If none: complaint dismissed. You may move for reconsideration or appeal to the DOJ.

Probable cause is not guilt beyond reasonable doubt—only enough basis to try the case.

Step 8: Filing of Information in Court

Once approved, the prosecutor files an Information in the proper Metropolitan Trial Court / Municipal Trial Court / Regional Trial Court, depending on the penalty.

The court will:

Docket the case
Issue a warrant of arrest or summons, depending on circumstances and rules.

Step 9: Arrest / Bail / Arraignment

If a warrant is issued and the accused is arrested or surrenders:

They may post bail if the offense is bailable.
Then comes arraignment (plea of guilty/not guilty).

You, as complainant, will be notified and may be asked to confirm interest in pursuing.

Step 10: Pre-Trial

The court sets pre-trial to:

Simplify issues
Mark evidence
Consider stipulations
Explore settlement for civil aspect

Estafa cases can proceed even if parties settle, but settlement may affect how evidence and interest are viewed.

Step 11: Trial Proper

Sequence:

Prosecution presents evidence
Defense presents evidence
Rebuttal/Surrebuttal (if any)
Memoranda / submission for judgment
Decision

You (and your witnesses) will testify and be cross-examined.

6. Penalties and Amount Thresholds

Penalties for estafa depend largely on the amount of damage or value involved. The RPC provides a graduated scale (higher amount = higher penalty). Courts also apply statutory adjustments in sentencing.

Because penalties are amount-based, you must clearly prove:

Exact amount lost
How it was computed
Supporting proof (receipts, bank transfers, valuations)

7. Civil Liability Inside the Criminal Case

Even if estafa is criminal, it naturally includes a civil action for restitution/damages, unless you waive or reserve it.

Possible civil awards:

Return of money/property
Actual damages
Moral damages (if justified)
Interest
Attorney’s fees (in certain cases)

If the accused is convicted, civil liability is usually ordered automatically.

8. Estafa Involving Checks: Relationship With BP 22

If the accused issued a check that bounced:

BP 22 punishes the act of issuing a worthless check.
Estafa punishes fraud if the check was part of deceit or abuse.

You may file both, if facts support both. BP 22 cases are often more straightforward, but estafa may yield higher penalties depending on amount and fraud context.

9. Time Limits: Prescription of Estafa

Estafa has a prescriptive period (deadline to file), counted from the commission of the offense or discovery depending on type. If you file too late, the case is dismissed.

Because computation varies by scenario (and can be technical), act quickly once fraud is discovered.

10. Practical Tips to Strengthen Your Case

Pin down the deception. Prosecutors need facts showing fraud, not just non-payment.
Organize documents by timeline. Make it easy to see intent and damage.
Use clear annexes. Label and reference each proof inside your affidavit.
Get witness affidavits early. Memories fade.
Avoid emotional claims. Stick to objective facts.
Track all communications. Screenshots with dates help.
Be consistent. Inconsistencies are common reasons for dismissal.

11. Possible Outcomes After Filing

Dismissal at prosecutor level
Case filed and proceeds to trial
Accused offers settlement
Conviction (with restitution and penalties)
Acquittal (civil liability may still be pursued separately)

12. When to Consider Other Legal Routes

Sometimes another remedy is more appropriate:

Collection case / Small claims (if no fraud, just unpaid debt)
BP 22 complaint (if bouncing check is central evidence)
Administrative complaints (if accused is a professional/employee)
SEC/DTI/NBI/PNP-AKG involvement (for large-scale investment or cyber scams)

A single scam may trigger multiple legal tools.

13. Final Reminders

Estafa complaints require specific proof of deceit or abuse of confidence and actual damage.
Filing is done first through the public prosecutor, not directly in court.
A well-prepared complaint-affidavit and organized evidence are the difference between dismissal and prosecution.

If you want, I can draft a clean complaint-affidavit template you can fill in, or help you map your facts to the right estafa category.