Verifying an Estafa Case Filed Against You
A comprehensive guide for accused persons and counsel in the Philippines
1. What “estafa” legally means
| Key point | Controlling authority |
|---|---|
| Estafa (swindling) is punished under Article 315 of the Revised Penal Code (RPC), which was overhauled by Republic Act 10951 (2017) to update the values and penalties. | (Republic Act No. 10951) |
| It may be committed three ways: (1) abuse of confidence, (2) false pretenses/fraudulent acts, or (3) other fraudulent means. The common elements are deceit and damage. | (Republic Act No. 10951, G.R. No. 50173) |
| The Supreme Court distills the elements (e.g., for bad-check estafa under Art. 315 §2[d]): ① issuance of the check to obtain a benefit, ② knowledge of insufficient funds, ③ resulting prejudice. | (G.R. No. 50173) |
Penalties & court that will hear the case
| Amount defrauded (after RA 10951) | Basic penalty |
|---|---|
| ≤ ₱40,000 | Arresto mayor (≤ 6 mos) |
| ₱40,001 – ₱1.2 M | Arresto mayor max → prisión correccional min |
| ₱1.2 M – ₱2.4 M | Prisión correccional min–med |
| ₱2.4 M – ₱4.4 M | Prisión correccional max → prisión mayor min |
| > ₱4.4 M | Prisión mayor max up to 20 yrs |
| Source: (Republic Act No. 10951) |
Because RA 11576 (2021) expanded first-level-court jurisdiction, estafa carrying a penalty up to 6 years (≈ cases under ₱1.2 M) is now tried in the Metropolitan/Municipal Trial Courts; higher penalties remain with the RTC. | (Republic Act No. 11576 - LawPhil)
2. How an estafa case starts
- Complaint-affidavit is filed with the Office of the City/Provincial Prosecutor.
- Rule 112 preliminary investigation: you receive a subpoena and have 10 days to submit a counter-affidavit. | (Rules of Court - Criminal Proceedure - LawPhil)
- Prosecutor resolves probable cause.
- Dismissed – case ends (civil liability may survive).
- Information filed – clerk of court dockets the criminal case.
3. Verifying whether an estafa complaint or information exists
| Where to look | What to do | Why it works |
|---|---|---|
| e-Court / Case-Status Portal (all SC-automated courts) | Use Trial Court Locator or call the numbers provided; search by name or docket no. | Public access to docket entries. (Home-Case Status – Supreme Court of the Philippines) |
| Clerk of Court (MTC/RTC) in the city/municipality where the transaction, check-issuance, or deceit occurred | Request a Certificate of Pending/No Case (pay ~₱75 - ₱200). Bring a government ID and, ideally, a name variation list. | Manual ledgers remain the “system of record” outside e-Courts. |
| Office of the City/Provincial Prosecutor | Ask for the case-records section and give your name; prosecutors’ dockets are public for parties / counsel of record. | Lets you check if a complaint is still at the investigation stage. |
| NBI Clearance | Apply online; if results show a “HIT,” appear on the scheduled date for Quality-Control Interview to see if the derogatory record is an estafa case. | NBI pulls directly from court and prosecutor databases. ([NBI Clearance First Time Job Seekers |
| PNP Police Clearance | Similar “HIT/NO-HIT” flag; useful in areas where the court has not transmitted the warrant to NBI. | Cross-checking source. |
| Your mailbox & email | Subpoena or summons is sent to your last known address; ignoring it may lead to a warrant. |
Tip: Fixers offer “secret” databases—avoid them. Courts will only confirm through the official channels above.
4. Understanding the paper trail
| Document | Stage | Practical implication |
|---|---|---|
| Subpoena for preliminary investigation | Complaint pending | You are not yet an accused; no bail needed, but failure to appear waives the right to counter-affidavit. |
| Resolution & Information | Probable cause found | Prosecutor files with court; next step is issuance of warrant or summons. |
| Warrant of Arrest | Case docketed; penalty > 4 yrs 2 mos | You must post bail (estafa is generally bailable under Rule 114). |
| Summons | Penalty ≤ 4 yrs 2 mos | You appear for arraignment without arrest. |
5. Your constitutional and procedural rights
- Right to counsel & to remain silent (Art. III §12, Const.).
- Right to bail except where the penalty is reclusion perpetua and evidence of guilt is strong (rare for estafa). | (A.M. No. RTJ-24-066 Formerly OCA IPI No. 20-5031-RTJ), - LawPhil)
- Right to speedy trial – 180-day cap under S.C. Administrative Circular 3-2020.
- Right to move for dismissal if:
- no probable cause (Rule 117 §1[a])
- prescription (estafa generally prescribes in 15 years from discovery; Art. 90 RPC).
6. Practical defenses & strategies
| Scenario | Possible action |
|---|---|
| Transaction is purely civil (e.g., post-dated check for pre-existing debt) | Cite SC rulings that lack of deceit defeats estafa. (G.R. No. 50173) |
| Accuser already accepted restitution/novation before the information was filed | Move to dismiss for lack of damnum or invoke Article 89 §1 (extinguishment by payment) |
| Amount alleged is misstated & lowers the penalty | Seek judicial determination of probable cause; may shift jurisdiction to first-level court and enable summons instead of warrant. |
| Case already in court but no subpoena ever received | File Entry of Appearance & Motion to Recall Warrant citing due-process violation. |
7. Post-verification next steps
- Engage counsel early – even at NBI-HIT clarification stage.
- Secure copies of the complaint, resolution, and information.
- Prepare bail (cash, surety, property) in advance; consult Sec. 9, Rule 114 for the schedule.
- Attend arraignment; absence can lead to estafa-specific Hold Departure Order from the trial court.
- Explore settlement/mediation – Restitution made before the start of trial is a strong mitigating circumstance (Art. 13 §10 RPC).
8. Quick reference checklist
- Search e-Court database / call OCA hotlines.
- Visit prosecutor’s office for pending complaints.
- Obtain NBI clearance; resolve any HIT.
- Gather contracts, receipts, messages proving good faith.
- Calculate potential penalty & bail based on amount.
- File required pleadings within Rule 112 timelines.
9. Key resources
- Supreme Court Case-Status Portal & Trial Court Locator – for docket and hotline numbers. (Home-Case Status – Supreme Court of the Philippines)
- Republic Act 10951 full text – updated estafa penalties. (Republic Act No. 10951)
- Republic Act 11576 – court-jurisdiction thresholds. (Republic Act No. 11576 - LawPhil)
- Rule 112 & 114 of the Rules of Court – preliminary investigation, bail, and warrants. (Criminal Procedure - The LawPhil Project)
- NBI Clearance portal – status of criminal records/HIT guide. (NBI Clearance First Time Job Seekers | National Bureau of Investigation)
10. Final word
Verifying an estafa case is largely clerical once you know where to check. The real strategy lies in acting quickly: confirm the status, assert your rights, and, when appropriate, explore settlement to avoid the reputational and financial cost of criminal litigation.