Question: What amount can be considered to file an estafa case in the Philippines?

Answer:

In the Philippines, the crime of estafa is not specifically determined by the amount involved. Instead, it's characterized by the act of deceit, fraudulent activity, or fraudulent means of obtaining money, property, or any other object of value.

What are the Elements of Estafa?

To file an estafa case, the following elements must typically be present:

Deception: The accused must have deceived the victim through false pretenses or fraudulent acts.
Transference: Because of the deception, the victim must have transferred something of value to the accused.
Damage or Prejudice: The victim must have suffered damages as a result of the deception.

Is There a Minimum Amount?

The Revised Penal Code does not specify a minimum amount for an act to be considered estafa. Whether it's a small or large sum, if the elements of estafa are present, then a case can be filed.

Penalties and Amounts

While the crime itself does not hinge on the amount involved, the penalties can vary significantly depending on it. For instance:

Over P12,000 but not exceeding P22,000: The penalty is prision correccional in its maximum period to prision mayor in its minimum period.
Over P22,000: The penalty is prision mayor in its minimum and medium periods, provided that in the case that the amount exceeds P22,000 but does not exceed P1,200,000, the maximum penalty shall not exceed 20 years.

Civil Liabilities

Aside from criminal liabilities, the person accused may also be ordered to pay civil indemnities, such as returning the money or property obtained through estafa.

Conclusion:

In summary, the amount involved in estafa is not a determining factor for filing the case, but it does play a role in the penalties imposed. If you are a victim of estafa, it's crucial to gather all relevant evidence of the fraudulent act, regardless of the amount involved, and consult a lawyer to file the appropriate charges.