Estafa Penalty by Amount in the Philippines (RA 10951)
Estafa penalty by amount: 2 months and 1 day to 6 months up to ₱40,000, rising to 20 years at most. Estafa by bouncing check has its own, heavier scale.
| Kind of estafa | Amount of the fraud | Penalty in Article 315 | How long (Articles 27 and 76) | Source |
|---|---|---|---|---|
| Abuse of confidence, false pretenses and other means (all except bouncing checks) | Up to ₱40,000 | Arresto mayor, medium and maximum periods | 2 months and 1 day to 6 months | Republic Act No. 10951, Sec. 85 (Article 315), Supreme Court E-Library |
| Abuse of confidence, false pretenses and other means (all except bouncing checks) | Over ₱40,000 up to ₱1,200,000 | Arresto mayor in its maximum period to prision correccional in its minimum period | 4 months and 1 day to 2 years and 4 months | Republic Act No. 10951, Sec. 85 (Article 315), Supreme Court E-Library |
| Abuse of confidence, false pretenses and other means (all except bouncing checks) | Over ₱1,200,000 up to ₱2,400,000 | Prision correccional, minimum and medium periods | 6 months and 1 day to 4 years and 2 months | Republic Act No. 10951, Sec. 85 (Article 315), Supreme Court E-Library |
| Abuse of confidence, false pretenses and other means (all except bouncing checks) | Over ₱2,400,000 up to ₱4,400,000 | Prision correccional in its maximum period to prision mayor in its minimum period | 4 years, 2 months and 1 day to 8 years | Republic Act No. 10951, Sec. 85 (Article 315), Supreme Court E-Library |
| Abuse of confidence, false pretenses and other means (all except bouncing checks) | Over ₱4,400,000 | The penalty of the row above "imposed in its maximum period, adding one year for each additional Two million pesos (P2,000,000)" | No fixed range: the total "shall not exceed twenty years" | Republic Act No. 10951, Sec. 85 (Article 315), Supreme Court E-Library |
| Bouncing check (Article 315, paragraph 2(d)) | Up to ₱40,000 | Prision mayor in its minimum period | 6 years and 1 day to 8 years | Republic Act No. 10951, Sec. 85 (Article 315), Supreme Court E-Library |
| Bouncing check (Article 315, paragraph 2(d)) | Over ₱40,000 up to ₱1,200,000 | Prision mayor in its medium period | 8 years and 1 day to 10 years | Republic Act No. 10951, Sec. 85 (Article 315), Supreme Court E-Library |
| Bouncing check (Article 315, paragraph 2(d)) | Over ₱1,200,000 up to ₱2,400,000 | Prision mayor in its maximum period | 10 years and 1 day to 12 years | Republic Act No. 10951, Sec. 85 (Article 315), Supreme Court E-Library |
| Bouncing check (Article 315, paragraph 2(d)) | Over ₱2,400,000 up to ₱4,400,000 | Reclusion temporal, minimum and medium periods | 12 years and 1 day to 17 years and 4 months | Republic Act No. 10951, Sec. 85 (Article 315), Supreme Court E-Library |
| Bouncing check (Article 315, paragraph 2(d)) | Over ₱4,400,000 up to ₱8,800,000 | Reclusion temporal in its maximum period | 17 years, 4 months and 1 day to 20 years | Republic Act No. 10951, Sec. 85 (Article 315), Supreme Court E-Library |
| Bouncing check (Article 315, paragraph 2(d)) | Over ₱8,800,000 | Reclusion perpetua | 20 years and 1 day to 40 years | Republic Act No. 10951, Sec. 85 (Article 315), Supreme Court E-Library |
Notes
- The table shows the range the law allows for each amount. It is not the sentence a person will get. The court fixes the actual sentence using other rules of the Code and the facts of the case. The lengths come from Articles 27 and 76 of the Revised Penal Code.
- The first five rows apply to the means of estafa listed in Article 315 other than bouncing checks. Two common ones are misappropriating money or goods received in trust or on commission, or denying having received them (paragraph 1(b)), and using a fictitious name or false pretenses before or while getting the money (paragraph 2(a)).
- The last six rows apply only to estafa by postdating a check, or by issuing a check in payment of an obligation without enough funds in the bank (paragraph 2(d)). This kind of estafa has its own, heavier scale. Under Article 315, if the drawer does not deposit the amount needed within three days from receipt of notice from the bank and/or the payee or holder that the check was dishonored for lack or insufficiency of funds, that failure is prima facie evidence of deceit.
- The same bouncing check can also lead to a case under the Bouncing Checks Law (Batas Pambansa Blg. 22). Its Section 5 says a case under it is "without prejudice to any liability" under the Revised Penal Code. BP 22 has different penalties and time limits. See BP 22 vs estafa.
- Not every unpaid debt is estafa. A loan that is simply not paid, with no lie at the start and no money or goods held in trust, may not fit any of the means listed in Article 315. See Can you go to jail for unpaid debt?
- Made-up example: Liza gives Ana bags worth ₱30,000 on consignment, to sell or return within a month. Ana sells them, keeps the money and says she never received the bags. This may be estafa by abuse of confidence. The amount is not over ₱40,000, so the first row applies: 2 months and 1 day to 6 months.
- Made-up example: Ricky buys rice worth ₱35,000 and pays on the spot with a check from an account he knows has no funds. If it is estafa under paragraph 2(d), the bouncing check row for up to ₱40,000 applies: prision mayor in its minimum period, or 6 years and 1 day to 8 years.
- Republic Act No. 10951 replaced the peso values written in 1930. Section 100 says the law applies retroactively "to the extent that it is favorable to the accused or person serving sentence by final judgment."
- For the elements of estafa and how courts apply them, see Estafa in the Philippines: elements and penalty and the meaning of estafa. For time limits, see How many years before a criminal case prescribes? For job and recruitment offers, see How to check a recruitment agency. If you are a victim or are accused, see Free legal help.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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