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.
107 Responses
hello po. may pagkaka utang po ako sa isang kumpanya which only 19k and since bibihira lng akong maka byad gawa nang gipit sa pera kasi ako nlang nag tatrabaho sa amin. at may dalawa akong anak. pina hiya nila akl sa social media at mangilan ngilan sa fb friends ko minesage nila telling abt my credit. at ngayun from 19k up to 60k. bngyan nila ako nang dalawang option
1st is byran ng kabuoang amount
2nd is byrana kada bwuan kasama tubo.
sana matulongan niyo po ako
question. meron po ako naging ka relasyon na pulis may asawa po sya. during our relationship tinutulungan ko po sya financially as well. there cones a point na sa sobrang gusto ko syang matulungan i helped him na magpautang. 50k 50k woth 20% interest na tumubo ng 60k sinabi ko po kunware na sa manager ko po ipapautang ang money may contract din po ako na pinirmahan kunware ng manager ko pero hindi po real name and signature. kaso nung naghiwalay na po kami and nagkasakit din po ako. wala na po ako maibayad saknya. kinasuhan niya nalang po ako. baka po estafa ang kinaso saakin.
Hello. This is Nick Martinez. I plan to file an estafa case against my cousin who I gave an SPA to sell my property. How much you charge for professional fees altogether. Thank you!
Atty good day! I would like to ask if my client can still file a case against on me..if there were no Legal agreement involve?, Am i still liable for staffa even if the accused term doesn’t meet the basis of staffa? No contact agreement, i kept & attached all receipts and cash flows, should i still be worry of the “staffa” case?, On other hand Can i file a case against to my client for using my designs without authorisation of my name? Can it be possible of ill be charging him of all consultancies i render on him?even my personal time ang expenses on mobilization? Hope you will notice my query advance happy new year and Godbless
Sir and mam tulungan nyo po ako na makuha ko po lahat ng pinagpaguran ko sa abroad.umuwi po ako ng walang kadalang dalang pera dahil na iniscam po ako ng kabatchmate ko po kay sabi nya magpadala ako ng pera para sa tindahan ko at sya yong tindera ko kaso po noong umuwi po ako noong 2018 po binablock na nya po ako. Ang akin lng sir gusto ko po makuha yong pera ko po na pinapadala sa kanya. Andito po lahat ng ebidensya na original receipt na patunay na nagpapadala po ako sa kanya.. Nawala po lahat ng pinagpaguran ko po sa ibang bansa.wala po akong natira po at ngayon nagkautang utang po ako dahil naoperahan po ako ng ectopic pregnancy po, at nangungupahan lng po ng bahay dito sa darangan, Binangonan rizal po. Tulungan nyo po ako sir, dahil ang gusto ko po mabawi ko yong pera ko po para may magasto din po ang anak ko sa high school po. At mga gamot ng parents ko po. Thanks po ng madami sir and mam and happy new year po.