Dear Attorney,

I applied for an online loan, but my application was disapproved. However, the lender keeps sending me threatening messages, saying they will sue me under Article 315 and Article 318 of the Revised Penal Code. I have not received any loan or money from them, yet they claim I owe them Php 2,000. Is it possible for me to be sued even though I didn’t receive any funds?

Thank you in advance for your advice.

Concerned Borrower

Insights

Legal Consequences Under Article 315 and Article 318 of the Revised Penal Code (RPC)

The Revised Penal Code (RPC) of the Philippines outlines specific provisions for crimes related to fraud. Understanding the distinction between Article 315 and Article 318 is crucial for individuals who are faced with claims related to fraudulent actions.

Article 315: Swindling or Estafa

Article 315 covers the crime of swindling, or estafa, which involves deceiving someone to cause damage or loss. To prove estafa, several elements must be established:

Deceit or Fraud – There must be an intentional act of deceit aimed at convincing the victim to part with money or property.
Damage or Prejudice – The victim must have suffered loss or damage due to the fraudulent act.
No Legal Basis for Demand – If the accused did not receive any money or benefit, there is no basis for a criminal complaint of estafa.

In your case, if no money or loan was received, and there was no damage suffered by the lender, it would be challenging for them to successfully pursue an estafa case against you. Without clear proof of deceit and damage, the case may lack merit.

Article 318: Other Deceits

Article 318, on the other hand, refers to cases of "other deceits" that do not fit under estafa but still involve some form of misrepresentation. These cases usually involve lighter forms of fraud. However, like estafa, the complainant must prove that a deceptive act caused harm or loss. Again, if no loan or benefit was received by the borrower, the elements necessary to establish a violation of Article 318 would likely be missing.

Possible Legal Defenses

If you did not receive the loan or benefit, your defense may hinge on the absence of deceit or fraud. Furthermore, if there was no damage caused to the lender, their claim would not hold. Keep all communications and evidence proving that the loan was not granted, as this will support your defense if the issue escalates to court.

In summary, under both Articles 315 and 318, it is essential that the complainant proves the existence of deceit and damage. If no money was received, and no fraud occurred, you may have strong grounds to refute any claim against you.