Bank Transfer Scam from Facebook Marketplace: Filing Estafa and Cybercrime Charges in the Philippines

This guide is for general information only and isn’t a substitute for advice from a Philippine lawyer who can assess your exact facts and jurisdiction.

Quick primer

Scenario: You paid (or sent an item) after a Facebook Marketplace deal. The other party used deceit (fake proof of transfer, bogus courier receipts, or lured you into sending money) and then disappeared. You want to press criminal charges and recover your money.

Typical criminal angles:

Estafa (swindling) under the Revised Penal Code (RPC, Art. 315) — focuses on deceit and damage (your loss).
Cybercrime overlay under the Cybercrime Prevention Act (RA 10175) — when the estafa (or a separate computer-related fraud) is committed through information and communications technology (ICT) (e.g., Facebook chats, online banking, e-wallets). This often leads to one-degree higher penalties than the base offense.
Possible companion offenses: computer-related fraud, identity theft (if your or others’ identities were used), access device fraud (e.g., stolen cards/e-wallets), falsification (fake deposit slips/screenshots), and violations of e-commerce or consumer-protection rules depending on the facts.

Legal foundations (plain-English)

1) Estafa by deceit (Art. 315, RPC)

To convict, prosecutors usually need to show:

Deceit (false pretenses or fraudulent acts) that induced you to part with money or property;
Reliance on that deceit; and
Damage or prejudice (financial loss, non-delivery, or delivery of a worthless/incorrect item).

Common fact patterns in Marketplace cases

Seller sends fake bank transfer proof; you ship the item; payment never clears.
Buyer pressures you to “refund” a supposed double transfer that never really happened.
Scammer uses “payment on hold” emails or look-alike payment pages to make you ship before funds clear.
Switch-and-bait: You pay based on photos/descriptions; item is counterfeit or not sent.

Penalty note: Estafa’s penalty scales with the amount defrauded (as updated by later laws). The higher the loss, the stiffer the penalty and potential civil liability. (Your lawyer will compute the correct bracket for your case.)

2) Cybercrime overlay (RA 10175)

If an RPC crime (like estafa) is committed through or with the use of ICT (social media, online banking, e-wallets, email), courts may apply higher penalties than the base offense.
Computer-related fraud and identity theft are separate cybercrimes that prosecutors sometimes charge alongside estafa, depending on the evidence (e.g., spoofed profiles, hacked accounts, cloned payment pages).

3) Evidence rules for digital proof

Rules on Electronic Evidence allow electronic documents (screenshots, chat logs, emails, metadata, transaction logs) if authenticity is shown (how it was created, captured, stored).
Chain of custody and forensic preservation boost credibility.

What to collect (and how to preserve it)

Capture now, tidy later. The priority is preservation without alteration.

A. Identity & context

Full Facebook profile URL, display name, usernames/aliases, profile ID (if available).
Marketplace listing URL, item description, price, timestamps.

B. Communications

Full chat threads (Facebook Messenger, SMS, email): export or scroll-capture with visible timestamps and participant names.
Call logs/voicemails (save audio files if any).

C. Payment trail

Bank/e-wallet transaction records (yours): official statements or in-app receipts showing reference numbers, amount, date/time, and counterparty account details.
Any “proof of transfer” sent by the scammer (PDFs, images, screenshots).

D. Logistics

Courier waybills/receipts, tracking numbers, CCTV at drop-off (if accessible), delivery status logs.

E. Device & system details (if feasible)

Headers/metadata for emails; device screencasts of the transaction process; website URLs (not just screenshots).
Bank dispute reference numbers, chat with bank support, reports filed.

Preservation tips

Keep original files; make read-only copies.
Use full-screen captures showing system clock.
Avoid editing images; if you must annotate, do it on a copy and keep originals pristine.
Back up to at least two locations (e.g., external drive + cloud).
If stakes are high, consider a forensic image of your phone/PC via a professional.

Where and how to file

You have two complementary tracks: (A) law enforcement report to investigate and (B) criminal complaint with prosecutors. You may do both.

A) Report to cybercrime units (for investigation help)

PNP Anti-Cybercrime Group (ACG)
NBI Cybercrime Division (CCD)

They can assist with:

Tracing accounts/devices and preserving platform/bank logs;
Coordinating with FB/Meta, banks, and e-wallets for subscriber information and transaction data;
Preparing evidence packages for prosecution.

Bring: government ID, Affidavit of Complaint, all evidence (digital + printed), and your contact info.

B) File a criminal complaint with the Office of the City/Provincial Prosecutor

Venue: Any place where an essential element occurred (e.g., where you sent money, shipped the item, or received deceitful communications). Your counsel can optimize venue for convenience and jurisdictional fit.

Core submissions

Affidavit-Complaint (sworn) narrating facts chronologically, mapping them to elements of estafa (and to cybercrime elements if applicable).
Annexes: numbered and referenced in the affidavit (A-1, A-2…).
IDs and authority docs (e.g., corporate secretary’s certificate if a company is the victim).
Verification and Jurats (notarization or oath before prosecutor).

What happens next (Prosecutor’s Preliminary Investigation)

Prosecutor issues subpoena to the respondent with your affidavit and annexes.
Respondent files Counter-Affidavit; you may file a Reply (and they a Rejoinder).
Prosecutor issues a Resolution: either file an Information in court or dismiss the complaint.
If filed, the trial court may issue a warrant; arraignment and trial follow.
Civil liability (restitution/damages) is generally implied in criminal cases; you can also pursue separate civil actions (see below).

Civil and administrative remedies (parallel options)

Civil action for damages (contractual or tort): can be separately filed or deemed instituted with the criminal action (subject to rules on reservation/waiver).
Small Claims (no lawyers required, up to the jurisdictional cap) if the amount is within limits—helpful for straightforward refund cases against a respondent you can serve.
Bank/e-wallet dispute: file immediately to seek transaction recall/hold; late reporting makes recovery harder.
AMLC referral/freezing may be possible in larger frauds or where suspicious patterns exist (usually through law enforcement).

Strategy: choosing charges and framing the facts

Lead with estafa where deceit + damage are clear.
Add the cyber overlay (estafa “through ICT”) to reflect the online means and invoke higher penalties.
Plead in the alternative: computer-related fraud/identity theft when the scammer used impersonation, phishing pages, or stole credentials.
Name co-conspirators/beneficiaries if funds hopped through mule accounts—attach transaction paths.
Detail reliance: show you shipped/paid because of the misrepresentations (e.g., “payment on hold” email, fake transfer screenshot).

Practical playbook (checklist)

☐ Secure evidence (originals + copies, organized and labeled).
☐ File bank/e-wallet dispute with reference numbers.
☐ Report to PNP-ACG/NBI-CCD; request log preservation and coordination letters.
☐ Prepare Affidavit-Complaint + annexes; notarize/sworn.
☐ File with Prosecutor; track docket number and timelines.
☐ Consider civil action (including Small Claims) for quicker monetary relief.
☐ Keep all updates from platforms and banks; these can become annexes.
☐ Do not engage the scammer further except to preserve communications.
☐ Beware of “recovery scammers” claiming they can get your money back for a fee.

Sample Affidavit-Complaint (skeleton)

AFFIDAVIT-COMPLAINT I, [Your Name], Filipino, of legal age, with address at [address], after having been duly sworn, state:

Parties. Respondent [Name/Username] used Facebook account [URL] and mobile no. [xxx].

Listing & agreement. On [date], I saw respondent’s Facebook Marketplace listing for [item] at ₱[amount] (Annex A). We agreed that I would [pay/ship] upon proof of bank transfer.

Deceit. On [date/time], respondent sent a screenshot/email purporting to show a completed [bank/e-wallet] transfer (Annex B).

Reliance & act. Relying on this, I [shipped item/reference no.] / [released money] (Annex C).

Damage. The supposed transfer never cleared (Annex D). Respondent blocked/ceased contact (Annex E). I suffered loss of ₱[amount].

ICT use. The acts were committed through Facebook/Messenger and online banking, constituting estafa through ICT and/or computer-related fraud.

Prayer. I respectfully pray that charges for Estafa (Art. 315) in relation to RA 10175 and other applicable offenses be filed, and that I be awarded civil damages and restitution.

[Signature] [Name] SUBSCRIBED AND SWORN… [jurat]

(Attach annexes A–E and index them clearly.)

Evidentiary notes that often decide cases

Money trail beats screenshots. Bank statements, interbank reference numbers, and platform confirmations carry more weight than a photo of a supposed transfer.
Authenticate chats. Include how you exported the conversation, device used, and that the screenshots are true and faithful copies.
Link the account to a real person. IDs from couriers/banks, selfie-verification screenshots, SIM registration info (law enforcement request), or repeat patterns reported by others.
Show intent. Multiple victims, burner accounts, quick withdrawals, or false “payment on hold” notices help prove fraudulent intent—not mere breach of promise.

Timing, venue, and bail considerations (high level)

Venue: any place where an element happened (offer/deceit sent, payment made, item shipped).
Prescription: estafa generally has multi-year prescriptive periods that depend on the imposable penalty; cybercrimes under special laws also have significant windows. Don’t delay—digital traces get harder to retrieve.
Bail: usually available; amount depends on the charge and the amount defrauded.

Defenses you should anticipate (and how to counter)

“It was a civil dispute.” → Emphasize prior deceit (fake proofs, impersonation, bait-and-switch), not merely non-performance.
“Payment was pending/processing.” → Show bank records disproving any inbound credit.
“I shipped an item.” → If counterfeit/worthless, prove misrepresentation versus agreed specs.
“Someone else used my account.” → Correlate device/IP evidence, selfie-KYC with e-wallet, and message style across platforms.

Parallel platform actions

Report the account/listing to Facebook Marketplace.
Cooperate with takedowns and submit your police report/docket number; platforms can preserve data upon official request.
Keep copies of all platform communications for annexing.

Costs, timelines, and outcomes (what to expect)

Investigation time varies (evidence-heavy cases move faster).
Prosecution involves multiple written submissions before court filing.
Recovery is not automatic: seek restitution in the criminal case and/or civil judgment; request writs (garnishment/levy) if you obtain a favorable judgment.
Plea deals sometimes lead to restitution—weigh this with counsel.

Practical tips from the trenches

For bank transfers, treat “screenshot proofs” as unsecured until you see funds posted in your account.
Prefer escrow or cash on delivery with inspection for high-risk items.
If you’re a regular seller, publish a “safe-payment policy” on your listings.
Once you suspect fraud: stop chatting, preserve everything, and escalate (bank + cyber units + prosecutor).

Lawyer’s prep worksheet (fill-in)

Parties & identifiers (names, URLs, numbers): __________
Dates/times (deal, transfer proof, shipment): __________
Amounts and account numbers (yours/theirs): __________
Evidence map (Annex A…N with one-line descriptions): __________
Loss computation (principal, costs, interest): __________
Law enforcement contacts & reference nos.: __________
Prosecutor docket no., dates of submissions: __________

Final word

Bank-transfer scams on Marketplace sit at the intersection of classic estafa and modern cybercrime. Your case will be won or lost on clear storytelling (how you were deceived), credible digital evidence, and tight coordination with investigators and prosecutors. If the amount is significant or the scammer is organized, engage counsel early to maximize both criminal accountability and money recovery.