Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws, regulations, and their interpretations can change over time. For advice specific to your circumstances, please consult a qualified attorney in the Philippines.

Overview of Estafa Under Philippine Law

In the Philippines, the crime of Estafa (also referred to as “swindling”) is primarily governed by Article 315 of the Revised Penal Code (RPC). Estafa penalizes deceit or abuse of confidence in obtaining money, goods, or services from another person.

Estafa can occur in several ways—for instance, through misappropriation of money or property entrusted to the offender, false pretenses, fraudulent acts, or other deceptive schemes. The penalties for Estafa vary depending on (1) how it was committed, and (2) the amount involved.

Elements of Estafa

While there are various modes of committing Estafa under Article 315, the general elements common to most forms are:

Accused receives money, goods, or property (or is entrusted with them), or obtains these from the offended party through some fraudulent or deceitful means.
Misrepresentation or abuse of confidence: The accused misappropriates, converts, or withholds the goods or money to the prejudice of the offended party.
Damage or prejudice is caused to the offended party or a third person.

Penalties Under Article 315 of the Revised Penal Code

Article 315 of the RPC provides a graduated scale of penalties primarily based on the value of the damage or prejudice caused. Below are the pertinent portions:

If the amount involved is over PHP 12,000 but does not exceed PHP 22,000
- The penalty is prisión mayor in its minimum period (6 years and 1 day to 8 years) to medium period (8 years and 1 day to 10 years).
If the amount involved exceeds PHP 22,000
- The basic penalty is prisión mayor in its minimum to medium periods (i.e., 6 years and 1 day to 10 years).
- Plus one (1) year is added for every additional PHP 10,000 beyond PHP 22,000.
- However, the total penalty (after all the increments) cannot exceed 20 years. Once it goes beyond prisión mayor’s range (which ends at 12 years), it effectively extends into reclusión temporal (12 years and 1 day to 20 years).
- In practice, courts look at (a) the base penalty, (b) the increments for the excess amount, and (c) ensure that the final penalty does not exceed 20 years.
If the amount is PHP 12,000 or below
- Lower penalties apply (arresto mayor or prisión correccional, depending on the exact amount and type of Estafa).

Estafa Involving PHP 100,000

Given the above, Estafa involving PHP 100,000 clearly exceeds PHP 22,000. Hence, the penalty calculation generally follows:

Base penalty:
- Prisión mayor (minimum to medium periods) = 6 years and 1 day to 10 years.
Increments:
- The amount in excess of PHP 22,000 is PHP 78,000 (i.e., PHP 100,000 - PHP 22,000).
- For every additional PHP 10,000 (beyond the initial 22,000), add one (1) year.
- PHP 78,000 / PHP 10,000 = 7.8 → 7 full increments.
Thus, you add 7 years to the base penalty.
Maximum penalty limit:
- Even after adding increments, the total penalty cannot exceed 20 years. Once the calculation suggests going above 12 years, the penalty period starts to fall under reclusión temporal (12 years and 1 day to 20 years).

By way of illustration (this is just a theoretical example to show how the courts might apply it, not an absolute formula):

Base penalty range: 6 years and 1 day to 10 years.
Add 7 years: 13 years to 17 years (roughly).
Since 17 years does not exceed 20 years, it falls within reclusión temporal. The exact term that the court will impose depends on many factors, including any mitigating or aggravating circumstances.

Practical Application: The Indeterminate Sentence Law

Under the Indeterminate Sentence Law (Act No. 4103), the court will often impose a minimum term and a maximum term of imprisonment. For instance, if the court arrives at a maximum penalty of (hypothetically) 14 years of reclusión temporal, the judge might set a lower minimum term (e.g., 8 years) within the range of the next lower penalty (prisión mayor) and a maximum of 14 years. This provides the possibility of parole once the convict has served the minimum term, subject to good behavior and other conditions.

Other Consequences

Civil Liability
- A conviction for Estafa carries with it a civil obligation to return or pay back the defrauded sum (PHP 100,000 in this scenario). The offender may also be liable for moral, exemplary, and other damages if proven in court.
Criminal Record
- An Estafa conviction results in a criminal record, which can adversely affect future employment and travel opportunities.
Bail
- Estafa is a bailable offense, unless it rises to “syndicated Estafa” (under Presidential Decree No. 1689) or involves other special circumstances. The amount of bail will usually consider the amount defrauded and other relevant factors.
Prescription of the Offense
- The prescriptive period (time within which the charge must be filed) for Estafa depends on the penalty. If the penalty is prision mayor (over 6 years) or reclusión temporal, the offense generally prescribes after a longer period (often 15 years if the penalty is afflictive; 20 years if reclusión temporal is the penalty).
Syndicated Estafa
- If the Estafa is committed by five (5) or more persons who form a syndicate, or if it involves funds solicited from the general public, it may be prosecuted as Syndicated Estafa (under PD 1689), which carries heavier penalties (life imprisonment to reclusión perpetua). However, that requires specific elements, including proof of a syndicate organized specifically for fraud.

Defenses and Mitigating Circumstances

Lack of Deceit or Abuse of Confidence
- One common defense is that there was no misrepresentation or fraudulent intent at the time the money or property was received.
Payment or Partial Restitution
- Although returning the amount may not absolve criminal liability if Estafa was already consummated, it can potentially mitigate the penalty or help in a settlement (especially if the offended party agrees).
Good Faith
- If the accused genuinely believed they had a right to the property or had no intention to defraud, good faith can be raised as a defense.
Settlement or Compromise
- While Estafa is a public offense (the State prosecutes it), out-of-court settlement or compromise between the parties may lead the offended party to desist or forgive, which sometimes influences prosecutorial and judicial leniency. However, this does not automatically extinguish criminal liability.

Summary

Estafa (Swindling) in the Philippines is penalized under Article 315 of the Revised Penal Code.
When the amount exceeds PHP 22,000, the base penalty is prisión mayor (6 years and 1 day to 12 years) and increments of one year are added for every PHP 10,000 in excess of 22,000—but not to exceed 20 years total.
For Estafa involving PHP 100,000, the penalty generally falls within the range of prisión mayor to reclusión temporal, depending on the final computation of increments, plus application of the Indeterminate Sentence Law.
The accused also faces civil liability, including restitution for the defrauded amount.
Criminal liability cannot simply be waived by returning the money, though doing so may mitigate penalties or encourage a settlement that could influence the proceedings.

Disclaimer Recap: This article is not legal advice. If you or someone you know is dealing with an actual case of Estafa involving PHP 100,000 (or any amount), it is prudent to seek the assistance of a licensed Philippine attorney to get advice tailored to the specific facts and circumstances.