Below is a comprehensive overview of the cost and the general steps to file an Estafa (swindling) case in the Philippines. This guide is for informational purposes only and should not be considered a substitute for professional legal advice. Always consult a qualified attorney for your specific situation.

1. Understanding Estafa Under Philippine Law

Definition:
Estafa, commonly referred to as swindling or fraud, is primarily governed by Articles 315 to 318 of the Revised Penal Code (RPC). It involves deceit or abuse of confidence resulting in damage or prejudice to another person.

Common scenarios of Estafa include:

Issuance of bouncing checks (e.g., “kiting checks” under the Batas Pambansa Blg. 22, often filed together with Estafa in certain cases).
Misappropriation of money or property received in trust.
Fraudulent acts resulting in economic or proprietary harm.

Elements of Estafa (Article 315, RPC):

Deceit or Fraud – The accused must have employed deceitful or fraudulent means to induce the offended party to part with money, property, or any valuable.
Damage or Prejudice – The offended party must have suffered damage, which can be monetary or otherwise.
Abuse of Confidence or Unfaithfulness (in some forms of Estafa) – The accused must have had a specific duty (e.g., entrusted with property) and then misappropriated or converted it to their own use or caused damage through abuse of that trust.

2. Preliminary Considerations Before Filing

Gather All Evidence
- Written documents (e.g., receipts, contracts, emails, text messages).
- Witness statements or affidavits.
- Bank statements, canceled checks, or payment records.
Consult a Lawyer
- A lawyer will help evaluate if the facts align with the elements of Estafa.
- They can advise on whether to pursue the case criminally, civilly, or both (i.e., filing the Estafa case with a claim for damages).
Check the Prescription Period
- Estafa can have varying prescription (time limit to file a case), often dependent on the penalty and specific circumstances.
- As a rule of thumb, for offenses punishable by prision correccional (up to six years’ imprisonment), the prescription period is generally 10 years. However, details can vary, so prompt action is advisable.

3. Steps to File an Estafa Case

Step 1: Prepare the Complaint Affidavit

Drafting the Complaint Affidavit
- Outline the facts chronologically.
- State how the accused committed deceit or abused confidence.
- Attach documentary evidence (e.g., checks, receipts, correspondence).
Notarization
- The complaint affidavit must be sworn and notarized to be accepted by the authorities.

Step 2: File the Complaint with the Prosecutor’s Office

Where to File
- The complaint is usually filed in the Prosecutor’s Office where the offense was committed or where any of its essential elements occurred.
Docketing
- Upon submission, the office will assign a docket number and schedule for preliminary investigation.

Step 3: Preliminary Investigation

Submission of Counter-Affidavit by the Accused
- The accused (or respondent at this stage) will be required to submit a counter-affidavit.
Clarificatory Hearings (if needed)
- The prosecutor may conduct hearings or ask for additional affidavits.
Resolution of the Prosecutor
- The prosecutor will decide whether there is probable cause to charge the respondent in court.

Step 4: Filing of Information in Court

If the prosecutor finds probable cause, an “Information” (formal charge) will be filed in the appropriate court.

Step 5: Arraignment and Trial

Arraignment
- The accused appears in court to enter a plea (guilty or not guilty).
Pre-trial and Trial
- Both parties present evidence.
- Witnesses may be called to testify.
Judgment
- The court will decide if the accused is guilty beyond reasonable doubt.
- Possible penalties include imprisonment, fine, or both. The court may also order restitution to the offended party.

4. Costs Involved

Lawyer’s Fees
- Consultation Fee: Initial consultation might be charged per hour or per session.
- Acceptance Fee: Some lawyers charge a one-time acceptance fee to handle the case.
- Appearance Fee: This fee is for every court appearance or hearing, if it moves to trial.
- Drafting and Documentation Fees: Preparation of pleadings and affidavits can incur separate fees.
Notary Fees
- Complaint affidavits and other legal documents need to be notarized.
- Notarial fees can be a few hundred to a few thousand pesos depending on the location and notary.
Filing Fees
- Criminal Complaint: Generally, filing a criminal complaint (Estafa) at the Prosecutor’s Office does not require a large fee. Filing fees in criminal proceedings are often minimal or absorbed by the State. However, if you are filing a civil claim for damages jointly with the criminal complaint (a “civil aspect”), there could be docket fees based on the amount of the claim.
Miscellaneous Expenses
- Transportation and Administrative Costs: You will likely spend on transportation, mailing documents, photocopies, etc.
- Expert Fees (if needed): If the case requires an accountant or another expert witness to testify.
Possible Bail (for the Accused)
- While not a cost borne by the complainant, it is relevant to mention that the accused may post bail if the offense is bailable.

Note: The total cost can vary widely depending on the complexity of the case, the amount involved, and the lawyer’s professional rates.

5. Timeline and Practical Tips

Timelines:
- Preliminary Investigation can take a few months to a year or more, depending on the prosecutor’s workload and the complexity of the case.
- Trial Proper can also last several years if there are many witnesses or if either party files motions that cause delays.
Practical Tips:
1. Act Swiftly: Gather evidence early, and consult a lawyer as soon as possible to avoid issues with prescription periods.
2. Documentation is Crucial: Organize all your evidence—dates, amounts, transaction records, communications—in chronological order.
3. Maintain Communication with the Prosecutor or Your Lawyer: Regularly follow up on developments and ensure that you do not miss any deadlines or hearings.
4. Consider Settlements or Mediation: In some Estafa cases, parties might settle if the accused agrees to pay restitution. While criminal liability may still proceed, a settlement or compromise can factor into the resolution or even mitigate penalties.

6. Possible Penalties for Estafa

Under Article 315 of the RPC, Estafa carries varying penalties (from arresto mayor to reclusión temporal) depending on the value of the defrauded amount and the method used. The higher the amount involved, the heavier the penalty can be. The court may also impose a fine and order restitution to the offended party.

7. Related Remedies and Actions

Civil Case for Damages: The complainant may file an independent civil action or a civil suit attached to the criminal case to recover losses.
Other Criminal Charges: If the offense includes writing bad checks, the complainant might consider filing a separate complaint for violation of Batas Pambansa Blg. 22 (BP 22), commonly referred to as the “Bouncing Checks Law.”

8. Conclusion

Filing an Estafa case in the Philippines involves careful documentation, compliance with legal procedures, and willingness to invest in litigation costs and time. While direct “filing fees” for criminal cases themselves may be minimal, the total expense usually comes from lawyer’s fees, notarization, and potential civil docket fees (if you pursue civil damages). Because of the complex and lengthy nature of criminal litigation, it is always best to consult a reputable lawyer at the earliest possible stage.

Disclaimer: This article is a general reference and not legal advice. For tailored guidance on your case, consult a licensed Philippine attorney or seek assistance at the Public Attorney’s Office (PAO) or the Integrated Bar of the Philippines (IBP).