Article 318 of the Revised Penal Code: Other deceits
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 10951 (Wording as amended by this law.)
What does Article 318 say?
The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount, shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding articles of this Chapter.
Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the credulity of the public in any other similar manner, shall suffer the penalty of arresto mayor or a fine not exceeding Forty thousand pesos (P40,000).
What does it mean in plain language?
Article 318 is the catch-all rule for fraud. It punishes any person who defrauds or damages another by a deceit that is not covered by the earlier articles on swindling, such as estafa under Article 315 or the other forms of swindling under Article 316. The penalty is arresto mayor (1 month and 1 day to 6 months) and a fine of not less than the damage caused and not more than twice that amount. A second paragraph deals with fortune-telling and similar acts done for profit.
The first paragraph reads:
The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more than twice such amount, shall be imposed upon any person who shall defraud or damage another by any other deceit not mentioned in the preceding articles of this Chapter.
How does it work in real life?
Ramil: a fake raffle prize
Ramil tells his neighbor she won a raffle and must first pay ₱2,000 for "processing" to claim the prize. There is no raffle. The prosecutor first checks whether this is estafa by false pretenses under Article 315; if it does not fit there or in Article 316, Article 318 may apply.
Liza: a dream reader
Liza advertises that she can read dreams and tell the future for ₱500 a session. Interpreting dreams and telling fortunes for profit is the act described in the second paragraph.
Abet: a damaged item
Abet tricks a shop into accepting his broken phone as a trade-in by hiding the damage, and the shop loses money on it. Whether this deceit is covered by Article 315 or falls under Article 318 is decided on the facts.
What does this mean in practice?
- The fine follows the damage. Proof of how much was lost matters, because the fine is between the damage and twice the damage.
- Within the family. Article 332 covers theft, swindling and malicious mischief between some relatives; see Article 332.
- Online scams. See scammed online: what to do and estafa penalty in the Philippines.
- See also the comparison theft vs estafa.
What does "other deceits" mean?
Articles 315 to 318 form one chapter of the Revised Penal Code, on swindling and other deceits. Article 318 covers what the others leave out: any deceit "not mentioned in the preceding articles of this Chapter". So the order of the questions is:
- Does the act fit one of the means of estafa in Article 315?
- If not, does it fit one of the six acts in Article 316, or swindling a minor under Article 317?
- If not, and someone was still defrauded or damaged by deceit, Article 318 may apply.
From the words of the article, two things are needed: a deceit, and that the offended party was defrauded or damaged by it. No Supreme Court ruling on Article 318 is explained on this page.
What is the penalty?
Under the first paragraph, arresto mayor and a fine that depends on the damage:
| Part | Amount |
|---|---|
| Prison | Arresto mayor, 1 month and 1 day to 6 months (Article 27) |
| Fine | Not less than the damage caused, and not more than twice the damage |
For comparison, the penalty for estafa under Article 315 depends on the amount of the fraud and can be much higher. See the estafa penalties table.
Is fortune-telling for money a crime?
The second paragraph of Article 318 punishes any person who, for profit or gain, interprets dreams, makes forecasts, tells fortunes, or takes advantage of the credulity of the public in any similar way. Republic Act No. 10951 (2017) amended Article 318, and among the penalties for this paragraph the official text of that law prints a fine of up to ₱40,000. Whether a given activity is done "for profit or gain" and takes advantage of the public's credulity is decided by the prosecutor and the court.
Frequently asked questions
What is other deceits under the Revised Penal Code?
Article 318 punishes any person who defrauds or damages another by any deceit not mentioned in the earlier articles of the same chapter, that is, not covered by estafa under Article 315, the other forms of swindling under Article 316, or swindling a minor under Article 317.
What is the penalty for other deceits?
Under the first paragraph of Article 318, arresto mayor (1 month and 1 day to 6 months) and a fine of not less than the amount of the damage caused and not more than twice that amount.
Is fortune-telling a crime in the Philippines?
The second paragraph of Article 318 punishes a person who, for profit or gain, interprets dreams, makes forecasts, tells fortunes, or takes advantage of the credulity of the public in a similar way. Among the penalties for this, the official text of Republic Act No. 10951 prints a fine of up to ₱40,000.
When does a fraud fall under Article 318 instead of estafa?
When the deceit is not one of the means listed in Articles 315 to 317. Article 318 applies only to deceits not mentioned in the preceding articles of the chapter. Which article fits is decided by the prosecutor and the court.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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