Estafa and Non-Payment of Loans in the Philippines

Question: Pasok ba ako sa kasong estafa kung hindi ako nakabayad ng utang sa lending app?

Understanding Estafa

Estafa, or swindling, is defined under Article 315 of the Revised Penal Code of the Philippines. It involves deceit or fraud, where a person defrauds another by abuse of confidence or by means of deceit. The essential elements of estafa are:

• There must be deceit or fraud.
• The deceit must be the cause of the loss or damage.
• There must be a relationship of trust between the parties.

Non-Payment of Loans and Estafa

Non-payment of a debt or loan, in itself, does not automatically constitute estafa. For a non-payment case to fall under estafa, there must be an element of deceit or fraud at the inception of the transaction. This means that if a borrower obtained a loan with the intention of not repaying it from the start, this could be considered estafa.

Criteria for Estafa in Loan Cases

To determine whether non-payment of a loan could lead to an estafa charge, consider the following:

1. Intent to Defraud: If at the time of obtaining the loan, the borrower never intended to repay the amount, it could be considered estafa.
2. Misrepresentation: If the borrower provided false information or misrepresented facts to obtain the loan, it could be estafa.
3. Abuse of Confidence: If the loan was granted based on a relationship of trust, and the borrower abused this trust, it could lead to estafa.

Typical Lending App Scenarios

• Genuine Financial Difficulty: If you genuinely intended to repay the loan but are unable to do so due to financial difficulties, this is generally a civil matter, not criminal.
• Harassment and Threats: Lending apps may use threats to pressure borrowers into repayment. However, threats of estafa must meet the legal criteria of deceit and fraudulent intent.

Legal Remedies and Steps

1. Review Loan Agreement: Understand the terms and conditions of the loan agreement you entered into with the lending app.
2. Communicate: If you are unable to repay, communicate with the lender to discuss possible repayment plans or settlements.
3. Legal Advice: Consult a lawyer to understand your rights and potential legal repercussions.

Filing a Complaint

If the lending app threatens you with estafa, consider the following steps:

1. Document Everything: Keep records of all communications and transactions with the lending app.
2. Seek Legal Assistance: A lawyer can help assess whether the threat of estafa is legitimate and advise you on the appropriate legal action.
3. File a Counter-Complaint: If the lending app engages in harassment or illegal collection practices, you may file a complaint with the National Privacy Commission (NPC) or the Department of Trade and Industry (DTI).

Conclusion

Non-payment of a loan from a lending app does not automatically constitute estafa. For a case to qualify as estafa, there must be evidence of deceit or fraudulent intent at the inception of the loan. It is crucial to understand the terms of your loan agreement and seek legal advice if you face threats of criminal charges. In many cases, resolving the matter through communication and negotiation is preferable to facing legal disputes.