Dear Attorney,
I have been in communication with someone to whom I owe money. Can I still be charged with estafa despite our communication about the debt? I would appreciate any advice on this matter.
Sincerely,
A Concerned Borrower
Insights
Estafa, defined under Article 315 of the Revised Penal Code of the Philippines, is a criminal offense involving fraud or deceit. It covers situations where an individual defrauds another through false pretenses, abuse of confidence, or manipulation of facts to gain an unfair advantage or cause damage. In the context of debts and repayment obligations, estafa may arise if the debtor uses deceitful means to obtain the property or money in question.
However, regular communication between the debtor and creditor, especially regarding payment schedules or updates, does not automatically constitute estafa. A charge of estafa requires proof of deceit or fraudulent intent from the onset of the transaction. Simply owing money and keeping in touch with the creditor may indicate good faith on the debtor's part, which weakens any estafa claims.
The mere failure to pay a debt, without fraudulent misrepresentation, is generally considered a civil matter, not a criminal offense. Estafa cases typically involve scenarios where the debtor deliberately misrepresented their ability or intention to repay the borrowed amount or used deceitful methods to evade payment.
It's essential to distinguish between a failure to fulfill financial obligations, which can be handled through civil action (like collection cases or small claims court), and criminal liability for estafa, which requires elements of fraud. For individuals who continue to communicate with their creditors and demonstrate willingness to resolve the debt, this is often seen as an effort to fulfill obligations, thus mitigating the risk of estafa charges.
Consulting a lawyer for specific guidance on your case is highly recommended.