Complaint Against Online Scammer (Philippines): A Complete Legal Guide

This article explains the laws that apply to online scams in the Philippines, what evidence you need, where and how to file a complaint (criminal, civil, regulatory, and platform-level), how to recover money, and practical templates and FAQs. It’s written for victims, counsel, and compliance officers.

What counts as an “online scam”?

“Online scam” isn’t a single offense. Depending on the facts, prosecutors typically charge one or more of the following:

Estafa (Swindling) by deceit under the Revised Penal Code (RPC, Art. 315), e.g., fake online selling, false investment schemes, “order now–no delivery,” and romance scams.
Computer-related offenses under the Cybercrime Prevention Act (RA 10175):
- Computer-related fraud (Sec. 4(b)(2)) and computer-related identity theft (Sec. 4(b)(3)).
- Uplift: If an RPC offense (like estafa) is committed through ICT, the penalty is one degree higher (Sec. 6).
Access Devices Regulation Act (RA 8484): unauthorized/ fraudulent use of cards or account credentials.
E-Commerce Act (RA 8792): recognition of electronic transactions and evidence; some deceptive practices can be pursued via consumer and trade regulators.
Financial Consumer Protection Act (RA 11765): abusive or fraudulent financial products/services, misrepresentations, and unauthorized transactions; empowers BSP, SEC, and IC to order restitution/cease-and-desist and impose fines.
Securities Regulation Code (RA 8799): selling unregistered securities, investment fraud, Ponzi/pyramiding; SEC can prosecute and issue advisories/CEASE orders.
Data Privacy Act (RA 10173): unlawful processing, unauthorized disclosure of personal data (identity takeover in scams).
Internet Transactions Act of 2023 (RA 11967): governs online merchants/marketplaces/e-retailers; imposes duties on platforms (seller verification, notice-and-takedown, complaint handling, disclosures). Useful for platform-level remedies and takedowns.

Other possibly relevant laws: Anti-Photo and Video Voyeurism (for sextortion), Anti-Child Pornography (for grooming/fake modeling), Anti-Cyberbullying policies (non-penal but school-based), and special penal laws depending on the scam’s modality.

Jurisdiction, venue, and prescription

Where to file: Any place where any element of the crime occurred, where the offender was found, or where the victim resides (cybercrime rules/venue policies allow flexible filing when acts are committed through ICT).
Extraterritorial reach: RA 10175 allows prosecution when any element occurred in the Philippines, when a computer system used is located here, or when the victim is a Filipino and acts have substantial connection to the country.
Prescription:
- Estafa generally 15 years (longer when qualified or complexed; check the amount involved/penalty).
- Offenses under special laws usually 12 years unless specified.
- Prescription is interrupted by the filing of a complaint for preliminary investigation with the prosecutor’s office.

Barangay conciliation (Katarungang Pambarangay) does not apply to most cyber fraud cases due to penalty thresholds and because they are public crimes.

Evidence: what to collect and how to preserve it

Primary digital evidence

Full-page screenshots of posts/listings/chats (include the URL, timestamp, profile handle/ID, and transaction details).
Export chat logs (Messenger, Viber, Telegram, SMS) in original file formats if possible.
Emails (save as .eml with full headers).
Bank/e-wallet records (transaction receipts, reference numbers, account names/numbers, screenshots AND downloaded statements).
Delivery records (waybills, tracking history).
Device details (IMEI, IP logs if available).

Integrity practices

Keep originals; make working copies.
Note hash values (if possible) for files you’ll submit.
Record a timeline of events (dates/times, what happened, who said what).
Avoid editing images (no markup/cropping on your only copy).
Under the Rules on Electronic Evidence, authenticity, integrity, and reliability are shown via metadata, system logs, and testimony of a custodian or the person who captured/received the data.

Red flags to capture

Reused photos, newly created accounts, mismatched names vs. payee account, unusually low prices, rushing tactics, “no COD,” requests to move off-platform, crypto-only payment, or spoofed websites (typosquatting).

Where to complain: four tracks (you can do several in parallel)

Criminal complaint (aim: prosecution and penalty)
- Agencies:
  - NBI Cybercrime Division (investigation & forensics).
  - PNP Anti-Cybercrime Group (ACG) (investigation, entrapment, digital forensics).
  - City/Provincial Prosecutor’s Office (preliminary investigation).
- What to file:
  - Complaint-Affidavit narrating facts in chronological order.
  - Annexes: evidence list and copies (label as Annex “A,” “B,” etc.), IDs, proof of ownership/entitlement (e.g., you paid), and any platform correspondence.
- Flow:
  1. File with NBI/PNP-ACG or directly with the Prosecutor.
  2. Investigation and/or preliminary investigation (respondent answers; possible clarificatory hearing).
  3. Prosecutor resolves: Information filed in court or case dismissed.
  4. If filed, arraignment and trial; civil action for damages is deemed instituted unless you reserve it.
Civil action (aim: money back + damages)
- Estafa-based civil liability (moral, exemplary, actual damages) can be pursued within the criminal case or separately.
- Breach of contract / quasi-delict where appropriate.
- Small Claims (no lawyers required): monetary claims up to ₱1,000,000 (as last amended) for simple money recovery (e.g., “paid ₱30,000, no delivery”). Great for straightforward seller-buyer scams.
Regulatory/consumer complaints
- SEC: unregistered investments, Ponzi/pyramids; request for cease-and-desist and inclusion in advisories.
- BSP/Bank or E-money issuer (under RA 11765): dispute unauthorized transfers, phishing, account takeovers; request chargeback/reversal and apply liability allocation rules.
- National Privacy Commission: identity theft, doxxing, unauthorized disclosure of personal data.
- DTI (trade/consumer): deceptive sales practices for goods; ask for mediation and administrative penalties.
Platform/merchant remedies
- Marketplaces & social platforms must implement seller verification, complaint desks, takedown, cooperation with law enforcement, and clear redress mechanisms (strengthened by RA 11967).
- File an in-app dispute, request account suspension, order cancellation/refund, and preservation of server logs (ask them to retain evidence for law enforcement).

Step-by-step: how to file a criminal complaint

Draft your Complaint-Affidavit (see template below).
Annex evidence (number each page; provide a master index).
Notarize your affidavit.
File with NBI Cybercrime Division, PNP-ACG, or directly with the Office of the City/Provincial Prosecutor where venue is proper.
Request immediate actions:
- Subpoena duces tecum to platforms/banks to preserve and produce logs/records.
- Freeze/hold of proceeds when available through bank cooperation (regulatory track helps).
Cooperate in clarificatory hearings; be ready to authenticate electronic evidence (explain how you obtained/kept them).
Monitor the resolution; if dismissed, consider a motion for reconsideration or petition for review to the DOJ.

Money recovery playbook

If you paid via bank/e-wallet: file an immediate dispute (often within 24–48 hours). Provide transaction IDs and your police/NBI complaint reference.
If card rails were used: request a chargeback through your issuing bank; cite fraud/merchandise not received and attach evidence.
If funds are in a local account: ask the bank to flag the recipient account as suspected fraud and retain remaining balance subject to legal process.
If COD via courier: coordinate with the courier for return and seller sanctions.
If crypto: request the exchange’s fraud report and freeze (if assets landed in a hosted wallet); on-chain tracing may support civil attachment, but practical recovery depends on where the assets moved.

Penalties snapshot

Estafa: penalties scale with the amount defrauded; if through ICT, penalty is one degree higher (RA 10175 Sec. 6). Courts may also award moral, exemplary, and temperate damages.
Computer-related fraud/identity theft: imprisonment and fines; devices and proceeds may be forfeited.
SEC/BSP/IC administrative: fines, cease-and-desist, suspension of entities, and restitution orders under RA 11765.

Practical templates

A. Complaint-Affidavit (outline)

Affiant’s Identity: name, age, civil status, address, ID details.
Jurisdiction/Venue: why filing in this city/province is proper.
Facts (chronological bullets with dates/times, platforms used, usernames/IDs, URLs).
Payments (amounts, dates, channels; attach receipts).
Deceit/False Pretenses (what was promised vs. delivered; reliance; damage).
Evidence (list of annexes with short descriptions).
Offenses Charged: estafa (RPC Art. 315), computer-related fraud (RA 10175 Sec. 4(b)(2)), identity theft (Sec. 4(b)(3)), and/or RA 8484, RA 8799, RA 11765—as applicable.
Prayer: issuance of subpoenas, preservation orders to platforms/banks, filing of Information, arrest warrant if warranted.
Verification & Undertaking.
Signature above printed name; Jurat (notarization).

B. Evidence Index (sample)

Annex “A” – Screenshots of Facebook chat with @user123 (with timestamps/URLs)
Annex “B” – Bank transfer receipt (Ref. No. 123456, ₱12,500, 15 Aug 2025)
Annex “C” – Shopee order page, Order ID 987654, “Cancelled/No delivery”
Annex “D” – Email thread with marketplace support (ticket #AB-001)
Annex “E” – Photo of parcel received (empty box) with waybill no. 000111222

Common defenses (and how to counter)

“It’s a civil matter only.” → Show deceit at inception (false pretenses before payment), not mere breach after a valid sale.
“No intent to defraud.” → Highlight pattern (multiple victims, disposable accounts), impossibility of performance, or fake identities.
“Screenshots are unreliable.” → Authenticate via device custody, metadata, platform headers, and witness testimony; request server logs via subpoena.

Tips for stronger cases

Move fast: request data preservation from platforms and banks early.
Use official channels (NBI/PNP-ACG report numbers add weight to bank disputes).
Consolidate victims: multiple complainants show pattern and raise penalties/damages.
Mind your privacy: redact nonessential IDs when sharing copies; give unredacted versions to investigators/courts only.
Don’t entrap unlawfully: coordinate stings with law enforcement.
Beware countersuits (e.g., libel) when naming suspects publicly; keep posts factual and limited.

Frequently asked questions

Q: Can I sue if the scammer is anonymous? Yes. File a complaint to trigger subpoenas to platforms/banks for subscriber info, IP logs, KYC files, and transaction trails.

Q: Do I need a lawyer? Not strictly for police/NBI reports and Small Claims. But counsel is recommended for criminal complaints and multi-agency remedies.

Q: How long does it take? Preliminary investigation can take months; platform/bank responses vary. File parallel civil/administrative actions to improve recovery odds.

Q: Can I get my money back through criminal cases alone? Courts can award civil damages in criminal cases, but bank/platform disputes and Small Claims often deliver faster recovery.

Q: What if I was phished and I “approved” a transaction? Report immediately. Under RA 11765 and financial-industry rules, liability allocation considers whether authentication was compromised and whether the provider had adequate fraud controls and consumer recourse.

Quick checklists

Victim’s 24-hour checklist

Freeze/dispute transactions with bank/e-wallet
Screenshot everything (with URLs/timestamps)
File platform complaint; request data preservation
Report to NBI/PNP-ACG; get reference number
Start drafting the Complaint-Affidavit

Investigation packet

Timeline + narrative
Evidence index + copies
ID and contact details
List of requested subpoenas (platform, telco, bank, courier, exchange)

Final notes

Use criminal + civil + regulatory + platform tracks together.
Anchor charges to specific statutes and elements, not just “online scam.”
Treat digital evidence with chain-of-custody discipline from day one.
For investment or multi-victim schemes, coordinate early with SEC and law enforcement to preserve assets.

This guide provides general legal information and practical steps. For advice on a specific situation, consult counsel who can evaluate your facts, evidence, and the most effective combination of remedies.