Do you prosecute local Philippina for violating ESTAFA laws

Hello

Based on the laws of the Philippines, you can file a criminal complaint against the person who scammed you for violating the laws on Estafa (swindling). Estafa is a criminal offense that involves defrauding another person of money or property through deceit or abuse of confidence.​

What is Estafa?
Estafa, also known as swindling, is a crime defined under Articles 315 to 318 of the Philippine Revised Penal Code. The law penalizes fraudulent schemes and deceptive practices used to unlawfully obtain money, goods, or other property from another person.​

There are three primary ways Estafa can be committed:​

With unfaithfulness or abuse of confidence This typically involves the misappropriation of money or property that was received in trust.​

By means of false pretenses or fraudulent acts This includes obtaining money or property by using fictitious names, pretending to have certain qualifications or influence, or other forms of deceit.​

Through other fraudulent means This is a broader category for deceitful acts that cause damage but don't fall into the first two categories.​

For a case to be considered Estafa, the prosecution must prove that there was deceit and that damage was caused to the victim. A simple inability to pay a debt or a breach of contract is not automatically considered Estafa.​

Filing a Complaint
If you are a victim of Estafa, you can initiate a criminal case by following these steps:​

Prepare a Complaint-Affidavit You must draft a sworn written statement detailing the facts of the fraudulent act, the damage you suffered, and the actions of the person who scammed you. This document must be notarized and should include supporting evidence like contracts, messages, or transaction receipts [, web-10].​

File with the Prosecutor's Office The complaint-affidavit and evidence are filed with the Office of the City or Provincial Prosecutor in the location where the crime or any of its key elements occurred.​

Preliminary Investigation The prosecutor will conduct a preliminary investigation to determine if there is "probable cause" to believe a crime was committed. The person you are accusing will be given a chance to submit a counter-affidavit.​

Filing in Court If the prosecutor finds probable cause, a formal charge, called an "Information," will be filed in the appropriate court.​

Arrest and Trial The court will review the Information and, if it also finds probable cause, will issue a warrant for the accused person's arrest, followed by arraignment and trial.​

Penalties for Estafa
The penalties for Estafa depend on the value of the damage or prejudice caused. Under Republic Act No. 10951, the penalties are as follows:​

If the fraud amount is ₱40,000 or less, the penalty is imprisonment for 2 to 6 months.​

If the fraud amount is over ₱40,000 but not more than ₱1,200,000, the penalty ranges from 4 months to 2 years and 4 months of imprisonment.​

If the fraud amount is over ₱1,200,000 but not more than ₱2,400,000, the penalty is imprisonment for 6 months to 4 years and 2 months.​

In cases where the Estafa was committed online, charges could potentially be elevated under the Cybercrime Prevention Act of 2012, which may lead to higher penalties.​