This guide walks you through what estafa is, why your case is in the RTC, what to do immediately, your rights, the courtroom process from arraignment to judgment, common defenses, bail and travel issues, civil liability, and practical checklists. It’s written for accused persons, respondents, and their families.

1) Quick primer: What is estafa?

Estafa is a crime under Article 315 of the Revised Penal Code (RPC). In simple terms, it punishes defrauding another—by abuse of confidence or by deceit—causing damage or prejudice.

Classic patterns include:

Misappropriation/Conversion: You received money/property in trust (e.g., as agent, borrower, trustee) and used it as your own or failed to return it as agreed.
False pretenses or fraudulent acts: You lied about a material fact (identity, powers, ownership, qualifications, existing assets, etc.) to obtain money/property.
Fraud through checks: Using a worthless check to induce another to part with property as deceit (distinct from—but often paired with—BP 22 “Bouncing Checks Law,” which penalizes mere issuance of a bouncing check).

Key elements the prosecution must prove beyond reasonable doubt:

Fraud—either deceit at the time of the transaction or abuse of confidence afterward;
Damage or prejudice to the offended party (including “prejudice capable of pecuniary estimation,” not purely moral upset);
Causal link—the deceit/abuse caused the loss.

Note: Mere failure to pay a debt does not automatically constitute estafa. The State must prove criminal fraud, not just breach of contract.

2) Why the Regional Trial Court?

Criminal jurisdiction in the Philippines depends on the penalty prescribed by law and, for estafa, that penalty scales with the amount defrauded under Article 315 (as updated by later amendments). If the imposable penalty exceeds the jurisdiction of the first-level courts, the case falls under the RTC. In practice, estafa cases involving bigger amounts or higher penalties are filed in the RTC.

3) First 48 hours: What to do immediately

Read the papers carefully. Identify:
- The case title and number;
- The charge (“Estafa under Art. 315 …” and the specific mode—abuse of confidence, false pretenses, etc.);
- The Information (narrative of facts);
- The schedule (arraignment/pre-trial date) and branch;
- Whether there’s a warrant of arrest or you’re directed to appear (some courts issue a summons/notice if you already posted bail or if the court allows it).
Call a lawyer (or the Public Attorney’s Office if you qualify). Time is tight because certain motions must be filed before arraignment (see §6).
Check bail.
- Estafa is bailable as a matter of right before conviction (it’s not a capital offense).
- If there’s a warrant, coordinate voluntary surrender and bail posting to avoid arrest at an inconvenient time/place.
- If bail seems excessive, your counsel may move to reduce bail.
Preserve documents and communications. Keep contracts, receipts, ledgers, emails, chat logs, delivery notes, bank proofs, demand letters, and proof of authority (e.g., agency, board resolutions).
Avoid contacting the complainant directly (risk of miscommunication or allegations of intimidation). Let counsel handle it.
Do not sign affidavits or make statements without counsel. Anything you say can be used against you.

4) Understanding the papers you received

Information – the formal criminal charge approved by the prosecutor and filed in court. This controls the trial; details matter.
Subpoena/Summons/Notice of Arraignment – orders you to appear on a set date.
Warrant of Arrest – issued if the judge finds probable cause from the Information and records.
Order fixing Bail – the amount and type (corporate surety, property bond, cash).

If details are vague (e.g., no clear date/place/act of deceit), that may justify a Motion to Quash or a Bill of Particulars (see §6).

5) Your rights (use them)

Presumption of innocence; burden is on the State.
Right to counsel at every stage; to be informed of the charge; to be arraigned in a language you understand.
Right to bail (before conviction) in bailable offenses.
Right against self-incrimination; you cannot be compelled to testify against yourself.
Right to due process—notice and opportunity to be heard.
Right to speedy trial—unjustified delays can be grounds for relief.

6) Pre-arraignment strategy (crucial)

Certain objections are waived if not raised before arraignment:

Motion to Quash Information (Rule 117) on grounds such as:
- Facts do not constitute an offense;
- Court lacks jurisdiction (over subject matter, person, or venue);
- Formal defects (vagueness, duplicity);
- Extinction of criminal liability (e.g., prescription);
- Bar by double jeopardy.
Motion for Bill of Particulars (Rule 116) if facts are too vague to prepare a defense.
Other critical motions: to reduce bail, to suspend on account of a prejudicial question (rare—but possible when a pending civil case’s resolution is determinative of guilt, e.g., genuine ownership/agency that negates deceit).

Tip: Bring government IDs, TIN, Proof of Address, and two surety companies your counsel trusts (if considering a surety bond) when you first go to court.

7) Arraignment, plea, and pre-trial

Arraignment – you’re asked to plead (Guilty/Not Guilty/Conditional pleas are generally not accepted).
If you intend to enter into restitution or settlement, discuss timing with counsel; criminal liability is not automatically extinguished by payment, but it may impact the civil aspect, penalty, or mitigating circumstances.
Pre-trial – the court streamlines issues, marks exhibits, and may refer the civil aspect to Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) to try settlement.

8) Trial flow (what to expect)

Prosecution’s evidence (documents, witnesses).
Possible Demurrer to Evidence (with or without leave) if the State’s proof is insufficient after it rests.
Defense evidence if the case proceeds.
Memoranda and decision.

Standard of proof: beyond reasonable doubt (criminal); preponderance of evidence governs the civil aspect (restitution, damages).

9) Bail, travel, and compliance

Comply with all hearing dates and reporting conditions on your bail.
Travel: If the court restricted travel or required permission to leave jurisdiction, file a motion to travel well in advance (attach itinerary, purpose, dates, contact info).
Non-appearance can result in bond forfeiture and bench warrant.

10) Civil liability and settlement

A criminal case for estafa carries civil liability (restitution, actual damages; sometimes moral/exemplary damages if proven). Key points:

Payment after the fact does not erase criminal liability once estafa is consummated, but it may mitigate penalty and satisfy the civil claim.
Affidavits of desistance do not bind the court; prosecutors/judges may still proceed if evidence supports conviction.
CAM/JDR often focus on the civil aspect to achieve restitution/compromise while the criminal case proceeds.

11) Common defenses (fact-specific; consult counsel)

No deceit/abuse of confidence: The transaction was ordinary credit; you made no false representation; the complainant knew the risks or your true financial condition.
Good-faith belief in authority/ownership; absence of intent to defraud.
No damage (e.g., property returned before consummation; or complainant fully protected by collateral actually realized).
Authority and accounting: You were an agent/employee acting within authority; funds were properly applied; documented liquidation exists.
Document authenticity challenges; chain-of-custody issues for checks/records.
Prescription (limit to prosecute) in appropriate cases.
Venue improper: material acts occurred elsewhere.
Violation of constitutional rights (e.g., unlawful arrest; custodial admissions without counsel).
Mistake of fact; lack of demand may be relevant in abuse-of-confidence modes where demand-and-failure helps show misappropriation.

Reminder: BP 22 (bouncing checks) is separate. You can be charged with both estafa and BP 22, but each has different elements. Defenses must be tailored to each.

12) Penalties at a glance (high-level)

The imprisonment range for estafa spans from prisión correccional to prisión mayor depending largely on the amount involved and circumstances.
There is also a fine, and the court will adjudicate civil liability.
Philippine law updated monetary thresholds (e.g., via later legislation) so the exact ranges and thresholds applied in your case depend on the current statute and jurisprudence at the time of decision. Your lawyer will compute the imposable penalty using the charged amount, mitigating/aggravating factors, and indeterminate sentence rules.

13) Corporate officers and vicarious issues

Criminal liability is personal. Corporate officers/employees may be charged only if they personally took part in the fraudulent acts or allowed/consented to them.
Board minutes, approvals, and internal controls can help show the true scope of a person’s authority and good faith.

14) Probation, appeal, and outcomes

Acquittal – case dismissed on merits (or earlier via demurrer).
Conviction – sentencing includes imprisonment, fine, and civil liability.
Probation – If the imposed (not theoretical) sentence meets statutory limits and you do not appeal, you may apply for probation within the prescribed period. Probation and appeal are generally mutually exclusive choices.
Appeal – File within the period from receipt of judgment; consult counsel on strategy and bail pending appeal.

15) Venue pointers (where the case can be filed)

For estafa, venue can lie where any essential element occurred—for example:

Where the false representations were made or relied upon;
Where the money/property was received;
Where a material overt act occurred (e.g., delivery, issuance of the inducing check).

Proper venue is a jurisdictional matter in criminal cases.

16) Interaction with the preliminary investigation

The RTC case exists after a prosecutor found probable cause and filed an Information.
If you never received subpoena during preliminary investigation due to no fault of yours, discuss with counsel possible remedies (e.g., motion to remand/reinvestigation), ideally before arraignment.

17) Evidence checklist (build your file now)

Contracts/POs/Sales Orders; agency/authorization documents; board resolutions.
Invoices, ORs, delivery receipts, waybills; acknowledgment receipts.
Bank records (proof of deposits/transfers), passbooks, check images.
Accounting: ledgers, liquidation reports, reconciliations, emails to accounting.
Chats/emails showing no deceit, full disclosure, or subsequent consent/approval by the complainant.
Demands and responses (dates matter).
Proof of return/tender of goods/money, or offers to return (may mitigate/negate damage or intent).
Identity and authority of persons you dealt with (IDs, business permits, SEC/DTI docs).
Independent valuations or collateral documents.

18) Courtroom survival tips

Be early. Dress conservatively. Phones silent.
Check the calendar at the door; your case may be called any time during the session.
Keep a hearing log (dates, what happened, next steps, deadlines).
Coordinate witnesses early; secure subpoenas if necessary.
Don’t speak to the judge unless addressed; let counsel handle arguments.
If settlement talks are ongoing, inform the court through counsel; ask for mediation referral if appropriate.

19) Red flags & myths

“If I pay, the case automatically goes away.” → False for estafa; payment affects the civil aspect and may mitigate, but does not automatically extinguish criminal liability.
“Affidavit of desistance guarantees dismissal.” → Not guaranteed; the court weighs all evidence.
“Estafa and BP 22 are the same.” → Different statutes and elements.
“I can safely ignore the notice.” → Never. Non-appearance risks warrant and bond forfeiture.

20) Mini-timeline (typical, but varies by court)

Receive Notice/Information/Warrant → Consult counsel, arrange bail.
Pre-arraignment motions (quash, bill of particulars, reinvestigation).
Arraignment & Pre-trial → Possible CAM/JDR for civil aspect.
Trial → Prosecution evidence → (possible Demurrer) → Defense evidence.
Decision → Appeal or Probation strategy, as applicable.

21) Frequently asked practicals

Can I talk to the complainant to settle? Through counsel, yes—ideally within mediation channels.
Can I travel abroad? Only if not restricted by bail/court; otherwise file a motion with itinerary and undertakings.
Can the case be dismissed if the civil case says I owe nothing? If a prejudicial question truly exists (civil issue determinative of criminal guilt), the court may suspend—but this is narrow and fact-dependent.
What if the Information is vague? Seek a Bill of Particulars or move to quash before arraignment.

22) Action checklist (print and tick)

Hire/coordinate with defense counsel immediately.
Calendar all dates; set reminders.
Secure bail (cash/surety/property); prepare IDs, TIN, proof of address.
Assemble an evidence binder (see §17).
Decide on pre-arraignment motions (quash, particulars, reinvestigation).
Prepare for arraignment (understand the charge; confirm plea).
Explore mediation for the civil aspect.
Keep a hearing log and task list after each setting.
Follow bail conditions and travel rules.

Final word

Estafa cases are won (or lost) on documents, timelines, credibility, and intent. Move fast before arraignment to preserve defenses; be methodical with your evidence; and keep the civil aspect (restitution/settlement) on a separate but coordinated track with the criminal case. Work closely with counsel to tailor motions, venue challenges, and defenses to the specific estafa mode alleged in your Information.