Can I File an Estafa Case Against My Instructor?

Dear Attorney,

I am seeking your legal advice regarding a financial matter involving my instructor. I recently enrolled in a course where I paid the amount of PHP 4,500 as part of the required fees. However, after receiving the payment, the instructor did not deliver the promised lessons or materials, and now they are unresponsive to my attempts to contact them. I feel deceived and want to know if I can file an estafa case against the instructor based on these circumstances. Your guidance on this matter would be greatly appreciated.

Sincerely,
A Concerned Student

Insights

In the Philippines, estafa, as defined under Article 315 of the Revised Penal Code, involves deceit or fraudulent acts that cause damage to another person. The circumstances you described could potentially fall under estafa, depending on the intent and actions of your instructor.

For an estafa case to prosper, you must prove the following elements:

1. Deceit or Fraud: There must be an intentional act of deceit or fraud by the instructor. This includes actions or omissions that led you to part with your money, with no intention on the part of the instructor to fulfill their obligations.

2. Damage: You must demonstrate that you suffered damage as a result of the deceit. In this case, the damage is the loss of PHP 4,500 and the failure to receive the promised course or materials.

3. Misrepresentation: You need to establish that the instructor made false promises or representations with the intent to deceive you.

Given the details you've provided, it appears that the instructor accepted payment without the intention of delivering the agreed-upon services. This behavior could constitute deceit under the law, making it possible to file an estafa case. However, the success of such a case would depend on the evidence you can present, such as receipts, communications, and any other documentation that supports your claim.

It's important to note that filing a criminal case like estafa can be a lengthy and complex process. You might want to consider other remedies, such as sending a demand letter or exploring the possibility of filing a complaint with the educational institution or relevant regulatory bodies.

If the amount in question is considered minimal and you are looking for a faster resolution, you might also consider filing a small claims case, which is designed for simpler, lower-value disputes and does not require the representation of a lawyer.

Before proceeding, I recommend consulting with a lawyer who can review the specifics of your case and advise you on the best course of action. This will help ensure that your rights are fully protected and that you are pursuing the most appropriate legal remedy for your situation.