Estafa Complaints Against “Fake Agents” in the Philippines

(A practitioner-level guide, updated to April 24 2025)

Quick view: “Estafa” (swindling) is punished under Article 315 of the Revised Penal Code (RPC). A person posing as a licensed broker, recruiter, insurance producer, etc. who obtains money or property through deceit can be charged with estafa in addition to any special-law offenses for acting without the proper government authority.

1. Statutory Foundations

Source of law	What it covers	Key take-aways for fake-agent scenarios
Revised Penal Code, Art. 315 (as amended by R.A. 10951, 2017)	General crime of estafa (swindling)	• Requires (a) deceit or abuse of confidence and (b) damage or prejudice. • Penalty is calibrated to the amount defrauded – e.g., over ₱2,000,000 is prision mayor max – reclusion temporal min.
R.A. 10951	Updated value thresholds	The lowest bracket now starts at ₱40,000 (was ₱200 pre-2017).
Real Estate Service Act, R.A. 9646	Practising without a PRC-issued real-estate license	Punishable by up to ₱200,000 fine and up to 4 years’ prison; does not bar an estafa case.
Labor Code & Migrant Workers Act (R.A. 8042 as amended by R.A. 10022 & 11641)	Illegal recruitment	If the “agent” is unlicensed and collects placement fees, this is economic sabotage when committed against 3 or more persons – penalty: life imprisonment and ₱2 million-₱5 million fine.
Insurance Code, Secs. 299–301	Acting as insurance agent without license	Administrative fine + estafa when premiums are pocketed.
Cybercrime Act, R.A. 10175	If transactions were online	Estafa committed through ICT is qualified; penalty is one degree higher.

Rule of concurrence: A single fraudulent act may violate both the RPC and a special law. Prosecutors routinely file estafa and the special-law offense; courts may convict of both if elements differ.

2. Elements of Estafa (Art. 315) Applied to Fake Agents

Deceit – representation that the accused is licensed/authorized (e.g., showing a bogus PRC card, POEA license, SEC documents).
Reliance and Delivery – victim parts with money, check, title deeds, or personal data because of the misrepresentation.
Damage/Prejudice – actual loss (money paid) or disturbance of property rights (encumbrance on title, loss of job opportunity).
Causal relation – deceit must be the efficient cause of the loss.

Good faith, even if later proved mistaken, negates deceit. The burden to establish good faith lies with the accused once the prosecution proves the false pretense.

3. Where and How to File a Complaint

Gather evidence
- Official receipts, deposit slips, screenshots of chats/emails, advertising materials, forged IDs/licences, notarized affidavits of other victims.
Execute a Sinumpaang Salaysay (Sworn Complaint-Affidavit)
- Must narrate facts, attach documents, and specify applicable laws (Art. 315 RPC; R.A. 9646, etc.).
File with the Office of the City/Provincial Prosecutor having territorial jurisdiction or with the NBI Anti-Fraud Division/PNP CIDG-AFU for in-depth investigation.
Preliminary Investigation – respondent files Counter-Affidavit; prosecutors resolve probable cause within 60 days (Rule 112, Rules of Court).
Information is filed in court
- Jurisdiction (after R.A. 11576, 2021):
  - Up to ₱2,000,000 – MTC/MeTC;
  - Above ₱2,000,000 – RTC.
Arraignment, bail, trial, judgment – estafa is generally bailable unless coupled with large-scale illegal recruitment (non-bailable).

Civil action for recovery of money/property is deemed instituted with the criminal case unless the complainant expressly reserves or waives it (Rule 111).

4. Penalties and Computation (Post-R.A. 10951)

Amount defrauded	Penalty (Art. 315 par. 2(a))	Possible actual imprisonment*
≤ ₱40,000	arresto mayor max – prision correccional min	4 mos +1 day – 2 yrs + 4 mos
₱40,000 – <₱1,200,000 data-preserve-html-node="true"	prision correccional max – prision mayor min	2 yrs + 4 mos – 8 yrs
₱1,200,000 – <₱2,000,000 data-preserve-html-node="true"	prision mayor min – prision mayor med	6 yrs + 1 day – 10 yrs
≥ ₱2,000,000	prision mayor max – reclusion temporal min	10 yrs – 17 yrs + 4 mos

*Imprisonment is computed after applying the Indeterminate Sentence Law and any mitigating/aggravating circumstances.

Restitution does not extinguish criminal liability but can mitigate penalty and civil indemnity.

5. Prescription

Estafa: 15 years if the penalty is > 6 years; 10 years if ≤ 6 years (Art. 90, RPC).
Illegal recruitment economic sabotage: 20 years (R.A. 8042).
Acts without license (R.A. 9646, Insurance Code): 5 years (subject to general rules if silent).

The prescriptive period is interrupted by filing the complaint or extradition request and resumes if proceedings abate without conviction or acquittal.

6. Key Supreme Court Decisions

Case	G.R. No.	Ratio relevant to fake agents
People v. Versoza	218053 (Sept 4 2019)	Even if the victim eventually gains employment, recruitment fees obtained by deceit constitute estafa.
People v. Gabres	215801 (July 10 2019)	Displaying another broker’s PRC ID and collecting reservation fee is estafa and violation of R.A. 9646.
People v. Dizon	204894 (Aug 8 2018)	Good faith defense rejected; failure to return money despite demand bolsters presumption of intent to defraud.
Jalandoni v. People	188269 (Apr 18 2012)	Civil compromise does not bar criminal prosecution for estafa.
Medel v. CA	131622 (Nov 27 1992)	“Post-dated check” deceit: issuance of unfunded check in a real-estate scam is estafa and B.P. 22.

7. Practical Litigation Tips

For Complainants	For Respondents
• Document all payments (keep originals). • Act quickly—fresh complaints discourage plea bargaining. • If multiple victims exist, coordinate; large-scale estafa strengthens the case and may attract NBI involvement. • Trace digital footprints (emails, IP logs) for cyber qualifiers.	• Secure licensing proof or authority documents. • Return the money ASAP if civil compromise is possible (mitigating circumstance). • Assert lack of deceit (e.g., money was an earnest deposit, not a fee). • Raise novation or payment agreements, but remember they rarely extinguish criminal action.

8. Ancillary & Alternative Remedies

Asset freezing/confiscation – Anti-Money Laundering Council can issue freeze orders if amount > ₱1 million and proceeds are in the bank.
POEA/DMW administrative cases – Parallel sanctions: cancellation of license, perpetual disqualification, refund orders.
Small Claims (if ≤ ₱1 million) or civil action for reconveyance – faster recovery when criminal docket is congested.
Consumer Act (R.A. 7394) deceptive sales provisions, if the fake agent is selling services or products online.

9. Frequently Asked Questions

Question	Short answer
Can I sue the website that hosted the fake agent’s ad?	Yes, under the Safe Spaces Act and Art. 34 Civil Code for in solidum liability if they fail to act on takedown notices and benefit financially.
Will a notarized undertaking to pay stop criminal proceedings?	No. Compromise after the crime is complete does not erase estafa liability—at best it can reduce the penalty.
Is estafa non-bailable above ₱2 million?	It stays bailable (penalty does not exceed reclusion temporal). Bail may simply be higher.
Can I file both in the barangay lupon and prosecutor’s office?	No. Estafa carries > 1-year penalty; barangay conciliation is not required (Sec. 408, LGC).

10. Take-aways

Dual exposure – Fake agents face both estafa and special-law charges.
Speed matters – Prompt filing preserves evidence and locks in jurisdiction before prescription runs.
Restitution helps but does not absolve – Return of funds is mitigating, not exonerating.
Regulatory complaints complement criminal action – leverage agency powers for freeze, suspension, or license cancels.
Victims should consolidate – pooled evidence, shared counsel, and possible class-type prosecution.

Disclaimer: This article is for informational purposes only and is not legal advice. Laws and jurisprudence are cited as of April 24 2025. For case-specific guidance, consult a Philippine lawyer.