The penalty for estafa depends on the amount defrauded. Under Article 315 of the Revised Penal Code, as adjusted by RA 10951 in 2017, fraud of ₱40,000 or less carries arresto mayor in its medium and maximum periods (2 months and 1 day to 6 months), while fraud above ₱2,400,000 starts at prisión correccional maximum to prisión mayor minimum (4 years, 2 months and 1 day to 8 years), rising by one year for every additional ₱2,000,000 beyond ₱4,400,000, up to a 20-year cap. Most estafa convictions are bailable, and sentences of six years or less may qualify for probation.
Estafa — swindling under Article 315 of the Revised Penal Code — is one of the few crimes whose penalty is priced by the peso. The bigger the amount defrauded, the heavier the prison term. The amounts were rewritten by RA 10951 in 2017, so older articles and forum posts quoting thresholds of ₱12,000 or ₱22,000 are describing the law as it stood before the adjustment, not the law that applies today.
The Four Penalty Tiers
The controlling number is the amount of the fraud proven in court. Article 315, as adjusted, sets four tiers:
- ₱40,000 or less — arresto mayor in its medium and maximum periods: 2 months and 1 day to 6 months;
- Over ₱40,000 up to ₱1,200,000 — arresto mayor maximum to prisión correccional minimum: 4 months and 1 day to 2 years and 4 months;
- Over ₱1,200,000 up to ₱2,400,000 — prisión correccional in its minimum and medium periods: 6 months and 1 day to 4 years and 2 months;
- Over ₱2,400,000 up to ₱4,400,000 — prisión correccional maximum to prisión mayor minimum: 4 years, 2 months and 1 day to 8 years. Beyond ₱4,400,000, the penalty is imposed in its maximum period and one year is added for every additional ₱2,000,000, but the total can never exceed 20 years.
The exact sentence within a tier still moves with aggravating and mitigating circumstances and the Indeterminate Sentence Law, which is why two cases involving the same amount can end in different prison terms.
Is Estafa Bailable?
Yes. Because none of these tiers reaches reclusión perpetua, bail is a matter of right before conviction in an ordinary estafa case. The amount of bail follows the recommended schedule for the tier charged and the court’s discretion.
Can a Convicted Person Get Probation?
Often, yes. Probation is available when the sentence actually imposed does not exceed six years of imprisonment, which covers the first three tiers and part of the fourth. A first-time offender convicted of estafa involving, say, ₱500,000 will usually be weighing an appeal against a probation application — and choosing to apply for probation means waiving the appeal.
Paying the Money Back
Returning the defrauded amount settles the civil liability that rides on every estafa case — restitution of the amount plus interest — but it does not, by itself, erase the crime. Repayment or settlement before a complaint is filed often persuades a complainant not to pursue charges, and courts may treat restitution as a mitigating circumstance, but a person can be convicted of estafa even after full repayment.
When the Penalty Is Much Heavier
Estafa committed by a syndicate of five or more persons, or involving funds solicited from the public, falls under the separate and far harsher regime of syndicated estafa under Presidential Decree No. 1689 — a different charge with penalties that dwarf the Article 315 tiers. Bouncing-check cases may also be prosecuted under a different law entirely, with its own penalty structure.
Frequently Asked Questions
What is the penalty for estafa involving less than 40,000 pesos? Arresto mayor in its medium and maximum periods, which is 2 months and 1 day to 6 months of imprisonment, plus civil liability to return the amount. Small-amount estafa is bailable and, on conviction, typically probationable.
Is estafa bailable in the Philippines? Yes. Ordinary estafa under Article 315 is bailable as a matter of right before conviction, because its penalty never reaches reclusion perpetua. Syndicated estafa under PD 1689 is treated much more strictly.
If I pay the money back, will the estafa case be dismissed? Not automatically. Repayment extinguishes the civil liability but not the criminal liability. In practice, settlement before a case is filed often ends the matter because the complainant desists, but once filed, the case can proceed to conviction even after full repayment.
What makes estafa syndicated? Syndicated estafa exists when the fraud is committed by a syndicate of five or more persons formed with the intention of carrying out the unlawful scheme, typically involving money solicited from the public. It is charged under PD 1689 and carries far heavier penalties than ordinary estafa.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you are facing an estafa complaint or weighing whether to file one, the amount involved shapes everything from bail to plea strategy. Our firm handles estafa cases on both sides. Message us on Viber or WhatsApp, call 0995 433 5550, or email vivasnobles@gmail.com to book a consultation.