ARQUIZA, ERIC JAMES B.

CDI 8 MWF 10:10-12:50

INVESTIGATION OF ESTAFA

DEFINITION OF ESTAFA

Estafa, as defined in the Revised Penal Code of the Philippines, refers to the act of defrauding another
person or entity by intentionally deceiving them through false pretenses, fraudulent acts, or other similar
schemes. The deception must result in the victim suffering financial loss or damage. (Act No. 3815, n.d.)

ELEMENTS OF ESTAFA

To establish a case of estafa, the following elements must be proven:

1. Deceit or Fraudulent Acts: The offender must have employed deceit, fraud, or misrepresentation.
This can include making false statements, falsifying documents, or using other deceptive means
to induce the victim into a transaction or action.

2. Damage or Prejudice: The victim must have suffered financial loss or damage as a direct result of
the deceit or fraudulent acts committed by the offender.

3. Intent: The offender must have intended to defraud or deceive the victim, demonstrating a
deliberate and conscious effort to commit the offense.

FORM OR KIND OF ESTAFA

The first form which is “with unfaithfulness or abuse of confidence” is known as estafa with
abuse of confidence, while the second form and third form, which are “by means of false pretenses or
fraudulent acts” and “through fraudulent means” are known simply as estafa by means of deceit.

In general, case laws enumerate the elements of Estafa by means of deceit, as follows:

1.) That there must be a false pretense or fraudulent representation as to the offender’s power, influence,
qualifications, property, credit, agency, business or imaginary transactions;

That such false pretense or fraudulent representation was made or executed prior to or simultaneously
with the commission of the fraud;

That the offended party relied on the false pretense, fraudulent act, or fraudulent means and was
induced to part with his money or property; and

That, as a result thereof, the offended party suffered damage.

This article is focused on the discussion of estafa under Article 315, paragraph 2 (a) of the RPC, which
is covered by estafa by means of deceit. Accordingly, this crime of estafa is defined and penalized by
Article 315, paragraph 2 (a) of the Revised Penal Code, to wit.:
 “Article 315. Swindling (estafa). Any person who shall defraud another by any of the means
mentioned herein below shall be punished by:

x x xx

2.) By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions, or by means of other similar
deceits.”

The elements of the said crime are as follows:

There must be a false pretense, fraudulent acts or fraudulent means;

Such false pretense, fraudulent act or fraudulent means must be made or executed prior to or
simultaneously with the commission of the fraud;

The offended party must have relied on the false pretense, fraudulent act or fraudulent means and
was thus induced to part with his money or property; and

As a result thereof, the offended party suffered damage.

In this particular crime, three ways are enumerated to commit such, and they are:

By using fictitious name;

By falsely pretending to possess power, influence, qualifications, property, credit, agency,

business or imaginary transactions by means of other similar deceits.” (Act No. 3815, n.d.)

MODUS OPERANDI IN COMMITTING ESTAFA

It may be committed in several ways, such as (a) through Unfaithfulness or abuse of confidence;
(b) by false pretense or fraudulent acts executed prior to or simultaneous with the commission of the
fraud; (c) by other fraudulent means; or (d) by swindling or other deceits.
IMPORTANCE OF ESTAFA INVESTIGATION

Estafa, a term often used in jurisdictions like the Philippines, refers to fraud or swindling.
Investigating estafa is crucial for several reasons:

Protection of Victims: Investigations help to identify and prosecute the perpetrators, providing
justice and potential restitution for victims.

Deterrence: Thorough investigations and subsequent prosecutions serve as a deterrent to potential

fraudsters by demonstrating the legal consequences of such actions.

Economic Stability: Fraud can undermine economic stability by eroding trust in financial systems
and institutions. Investigations help maintain integrity and confidence in these systems.
 Legal Precedents: Successful investigations and prosecutions establish legal precedents, which
help in the consistent application of laws and aid in future cases.

Public Trust: Investigating and addressing estafa boosts public confidence in the legal and
financial systems, reinforcing the rule of law.

Recovery of Assets: Investigations can lead to the recovery of misappropriated funds or assets,
mitigating the financial impact on victims.

INVESTIGATION PROCESS OR TECHNIQUES IN ESTAFA INVESTIGATION

This step-by-step guide will walk you through the process of seeking justice for this crime.

Step 1: Filing a Complaint

Begin by preparing a complaint-affidavit describing the details of the alleged Estafa. This
document, along with supporting evidence like contracts, communications, or proof of transactions,
should be submitted to the Office of the City or Provincial Prosecutor. In your complaint, include how the
accused committed unfaithfulness, deceit, or fraudulent means causing you harm.

Step 2: Preliminary Investigation

Once your complaint is lodged, a preliminary investigation takes place. This is an inquiry to
determine if there is sufficient ground to engender a well-founded belief that a crime has been committed.
Both the complainant and respondent are given a chance to present their evidence. The prosecutor’s office
will then assess whether probable cause exists to charge the accused.

Step 3: Issuance of Warrant of Arrest

If the prosecutor finds probable cause for Estafa, an “Information” is filed in court. This is a
formal accusation that a person has committed a crime. The judge then reviews the Information and, if
they find probable cause, will issue a warrant of arrest.

Step 4: Trial in Court

Upon arrest, the accused will be arraigned and the trial phase begins. Here, both sides will present
their evidence and witnesses. As a complainant, your attorney will present your case and may call you to
testify.

Step 5: Judgement

After both parties have presented their evidence, the court will render a judgement. If the accused
is found guilty of Estafa, the judge will decide on the appropriate penalty, ranging from fines to
imprisonment, depending on the severity of the crime.

Step 6: Appeal

If the judgement is unfavorable, either party has the right to appeal to a higher court. Appeals
must be made within the prescribed period and involve a review of the case’s facts and legal aspects.
 Filing an Estafa case in the Philippines can be a complicated process, but with due diligence,
patience, and legal help, victims can navigate the system. Always consult with a legal expert to ensure
your rights are protected. (A Comprehensive Guide to Filing an Estafa Complaint in the Philippine –
Attykalibre Legal Center, 2023)

COLLECTION AND PRESERVATION OF POSSIBLE EVIDENCE IN ESTAFA

1. Document Everything:

Keep copies of all contracts, agreements, and any written communication. Save all emails, text
messages, letters, and any other forms of communication with the party involved in the estafa. Collect and
store all receipts, invoices, and proof of payments.

2. Witness Statements:

Witnesses: Identify and obtain statements from any witnesses who can support your claims.

Affidavits: Have witnesses provide signed affidavits detailing their observations.

3. Financial Records:

Bank Statements: Collect bank statements showing transactions related to the estafa.

Accounting Records: Preserve any accounting records that reflect the fraudulent activities.

4. Physical Evidence:

Products or Items: If the fraud involves physical goods, ensure these items are preserved in their
current state.

Documentation: Keep any physical documentation that might be relevant to the case.

5. Digital Evidence:

Emails: Backup all email correspondence related to the fraud.

Files and Documents: Store electronic files and documents securely, ensuring they are not tampered
with.

Screenshots: Take screenshots of relevant online communications or transactions.

6. Legal Notices:

Demand Letters: Keep copies of any demand letters or legal notices sent to the party involved in the
estafa.

Responses: Preserve any responses received from the party.

 7. Professional Assistance:

Forensic Experts: Consider hiring forensic accountants or digital forensic experts to analyze and
validate evidence.

Legal Counsel: Work with a lawyer to ensure all collected evidence is admissible in court and
properly documented.

8. Chain of Custody:

Documentation: Maintain a detailed log of who handled each piece of evidence and when, ensuring
the chain of custody is intact.

Storage: Store evidence in a secure location to prevent tampering or loss.

9. Photographic Evidence:

Photographs: Take photographs of any relevant physical evidence.

Date and Time: Ensure all photographs are time-stamped and dated.

10. Preservation Methods:

Originals and Copies: Keep originals whenever possible and make copies for working purposes.

Secure Storage: Use secure storage methods (e.g., safes, locked filing cabinets) for physical evidence
and encrypted digital storage for electronic evidence.