What is Estafa?
Estafa is the legal term for the criminal offense of swindling. It is when someone represents themselves as someone else or as someone who says they can do things they cannot, with such fraud resulting in the victim suffering damages.
Damages may refer to the loss of money, personal property, or valuables as a result of deceit. Together with fraud, these are the elements that have to be present for a case to qualify as estafa. The Philippine law considers estafa or swindling as a serious offense in the Philippines. It involves deceit or false pretense to defraud another and cause damage or prejudice.
What is the Penalty for Estafa?
Under Article 315 of the Philippine law, the amount of the fraud will determine the penalty for estafa.
For an act of defrauding another involving an amount not exceeding PHP 200, the penalty for estafa is arresto mayor in its minimum period or a fine ranging from PHP 200 to PHP 1,000, or both. If the amount involved exceeds PHP 200 but does not exceed PHP 6,000, the penalty for estafa is prision correccional in its minimum and medium periods or a fine ranging from PHP 200 to PHP 6,000, or both.
When the amount involved is more than PH 6,000 but does not exceed PHP 12,000, the penalty for estafa is prision correccional in its maximum period to reclusion temporal in its minimum period, or a fine ranging from PHP 6,000 to PHP 12,000, or both. If the amount of the fraud exceeds PHP 12,000, the penalty for estafa is reclusion temporal in its medium and maximum periods, or a fine ranging from PHP 12,000 to the amount of the fraud, or both. This article discusses estafa or criminal fraud and the elements of estafa under Philippine law.
Is Estafa Similar with Theft?
Note that estafa is different from theft. With theft, the offender has taken material possession of a property. With estafa, the offender has taken both material and juridical possession of a property by means of a contract or agreement.
For legal advice on estafa charges and other matters related to criminal law, it is advisable to seek the assistance of experienced litigation lawyers from reputable law firms. Whether it’s an IP law, labor law, or any other legal issue, consulting with knowledgeable and skilled legal professionals is essential in handling estafa cases
How is Estafa Committed?
Article 315 of the Revised Penal Code states that estafa may be committed through:
- Unfaithfulness or abuse of confidence:
- Altering the quality, quantity, and substance of the subject matter in a contract;
- Misappropriating or converting someone else’s money, goods, or any other personal property; or denying these from them; and
- Taking advantage of a signature in blank
- Deceit or fraudulent acts:
- Using a fictitious identity to deceive another;
- Altering quality, fineness or weight of anything pertaining to art or business;
- Issuing unfunded or postdated checks; and
- Availing of services from hotels, restaurants, inns, etc. without paying for them
- Fraudulent means:
- Inducing another, through deceit, to sign any document;
- Resorting to fraudulent practice to ensure success in a gambling game; and
- Removing, concealing or destroying – in whole or in part – any court record, office files, document, or any other papers.
How to File an Estafa Case?
Estafa is considered a criminal case, which means a wrongdoer can be penalized with fines and jail time. You will need a lawyer if you feel that you are the victim of estafa. Prior to filing the case, your lawyer will first determine if filing it is justified. They will also assist you in gathering evidence.
The next step is the actual filing of a complaint with the Office of the City Prosecutor (OCP) or Office of the Provincial Prosecutor (OPP) where the case was committed. Your lawyer will present the details of the incident, including your evidence, personal information, and information on the offender.
The OCP or OPP will then conduct a thorough investigation of the matter to decide if there is substantial evidence to conclude whether or not a crime has been committed. Note that the offender may choose to file a counter-affidavit to argue against your claim, to which you may respond with a reply affidavit.
If there is sufficient ground for your case, it will then be brought to court. While there are no guarantees as to the length of time that it will take to conclude a case, you can take heart in the fact that criminal cases in general are being resolved significantly faster these days since the Supreme Court’s implementation of its Revised Guidelines of Continuous Trial in Criminal Cases in September of 2017.
Need further information and assistance regarding Estafa? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
106 Responses
How manny years validity for filing a case for
Swidling,
Niloko ako noon 2010, tapos nabayran ko sa pina utangan ng pera 2015. ,bale ako ang garantor kaya ako nag bayad Sq utang hindi akin.
Nagloan tapos hndi nabayaran kasi nasunugan kme ng bahay
I found this article helpful to understand such case related to estafa. How may I know if a couple decided to break up verbally and one of them trying to get back everything she spent for the boy since they became couple but they are not married yet. Is there a possibility that the boy will be filed against estafa case?
Hoping for your replies.
Hello,
My name is Michal Larsen and I am a survivor of a brutal scam and identity theft.
As early as 2011 I got involved with a cam model who said she wanted to get out of the milieu and live a normal life. While she scammed me out of $16000 over the course of the following 2 years, she also did something far more damaging than defraud me, she sold my profile (identity) on the dark net. I have heard I was sold at that time for $15. She is a Romanian living in Bucharest, and is named Simone Floriana Gane.
Her boyfriend, Alexander Yonus Bruneau, was a small time hacker and had managed to slide a virus onto my computer via an image emailed to me. Upon opening it, the NVRAM of the memory was written with a code that started a rootkit, and passed all of my sensitive information over the wire.This code is very hard to detect, and went several years without notice.
I had the feeling then that I was under surveillance or monitoring, but it was first in 2021 that the evidence started piling in. I had apparently been sold again on the dark net, this time to an internatoinal criminal organization known as The Family. I was living at my present residence in Huningue, France and working as a software developer at the Swiss Federal Train Authority. On the morning of August 29, 2021 my apple id, which connected two iPhones together, was suddenly hacked ´the password was unknowingly changes (rf. Support cases). The ensuing chaoa sent me into a tailspin.
Unfortunately this was not the last hacking incident, but the first of a long string od hacks involving iPhones, Mac Power books, Microsoft Laptops, and Android devices. Each time I lost a device thy would gain more information on me. Things began disappearing our of my apartment – credit cards, passports (I am a US and Swiss double-citizen), devices, even things like my vaporizer and the medicine I take for ADHD (Elvanse).
All of these problems led to a loss of 3 Programming contracts which were directly related to the hacking. The attackers would change the password on my computer (be its Mac or a windows device). They seemed to over backdoors to both Apple and Google systems as the hacks occurred with increasing speed and brutality. In total I have lost 7000 passwords, 15 laptops and Mac Powerbooks, 10 iPhones, 4 Android devices, 40 credit cards, 4 passports, 1 Swiss identification card. With the loss of the programming contracts, an estimated pure money loss is around $1,4 million. This does not include the pain caused to myself and my family, or the loss of opportunity. I suspect I lost my job t the Swiss Train Authority because of distribution of falsified and personally offensive photographs (altered with Photoshop).
Otherwise I am in the process of gathering data for a 9 month visit back home to the USA. In this time I continued to pay rent on my French apartment, and a number of problems awaited me when I left. 1) the Sink had been dismantled and put back together in the most unprofessional of ways, the electric box in the house seemed to be running the neighbors electricity as well as mine. Somebody had paid the electric bill in May, and it was not I. I suspect someone was living here illegally, and that one of my neighbors realized I as gone and rented the place out. It has been suggested that they used the apartment to film pornographic films or other illicit activities.
I suspect they are also intercepting my email and my telephone, with the intent of forcing me to work for them or to demand a portion of the money I earn (40%).
Lastly, my identity – if they have all my credentials I suspect they have taken loans, credit cards, or what have you out in my name with the the intent never to pay anything back.
This is a short list, and does not include an evidence list. Can you help or suggest the best wa to go forward?
Kind regards
I have in my possession all documents to present positively an Estafa has been committed against my deeded properties and possessions. 1/6/20 – 8/04/21, I was the representative of the entire estates of my grandparents and my mother, after probation I became an 80% deeds holder alone and 20% ownership were to be divided amongst 19 other heirs if ever agreed to sale. 1/06/21 without my 80% ownership permission, a 1% heirs ownership unlawfully not only entertained court officials in his schemes to attaining my properties but also participated in the destruction as well, in the amount of $81,500.00 of which I did not nor have not received a dime towards nor the sale and destruction to my personal properties! 80% deeds ownership I possess alone ,”my personal attorney” at the time 6/2017 broke down original deeds of $81,500.00 totaled $52,900.00 sum I never received one dime not only that but I didn’t agree to sale, but after the sale, I have not received any monies! Not only have they stolen my inheritance but has also destroyed my personal properties my mobile home and now we’re homelessly, staying with family members since 8/04/21! Trying to find an attorney who doesn’t have a conflict of interest, because that’s all we have been confronted with since my attorney asked the court to remove him from my case 5/2017 because he said: he had to face facts, after presenting and breaking down my original deeds to his college, they’re, and excuse my attorney’s French, but they are “HELL BENT on the sales of your properties! No matter what I’m presenting to them”!, end of quote!