What is estafa, and do online scams count as a crime?
Last updated: 2026-07-11 · Educational content; not legal advice.
Short answer
Estafa (swindling) under Article 315 of the Revised Penal Code is the crime of defrauding someone through deceit, abuse of confidence, or false pretenses so that they part with money or property — the legal umbrella most scams fall under. Its penalties are graduated by the amount defrauded, updated by RA 10951 (2017). When the fraud is committed through information and communications technology — an online seller, a fake investment page, a phishing site — RA 10175 (Cybercrime Prevention Act) §6 makes the penalty one degree higher than ordinary estafa. So yes, online scams are real crimes you can file a complaint over. Related fraud may also fall under RA 8484 (access-device/card fraud) or securities law (RA 8799) for investment scams.
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Frequently asked
What has to be proven for estafa?
In general, that there was deceit or abuse of confidence, that you relied on it, and that you suffered damage (a loss of money or property) as a result. The exact elements depend on which mode of Art. 315 applies, but deceit causing your loss is the core.
Does committing it online change the penalty?
Yes. RA 10175 §6 provides that crimes under the Revised Penal Code committed through information and communications technology carry a penalty one degree higher. So online estafa is punished more heavily than the same fraud committed offline.
Are all scams charged as estafa?
Estafa is the common charge, but specific scams can fall under other laws too — card and access-device fraud under RA 8484, unauthorized-investment solicitation under the Securities Regulation Code (RA 8799), and computer-related offenses under RA 10175. Prosecutors match the facts to the applicable law.
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What to do after an online scam — the first-hour playbook, where to report (PNP Anti-Cybercrime Group, NBI, DOJ Office of Cybercrime), how to spot and report investment/Ponzi scams to the SEC, phishing and OTP theft, online-shopping fraud (undelivered, fake, or misrepresented goods), romance and job scams, and the legal basis under estafa (Revised Penal Code Art. 315), RA 8484, RA 10175, RA 8792, RA 7394, and RA 8799.