Costs of Preparing a Complaint-Affidavit for Online Fraud / Cybercrime in the Philippines
A comprehensive guide for victims, counsel, and compliance officers (updated 2025)
1 | Why a Complaint-Affidavit Matters
Under Philippine criminal procedure, the complaint-affidavit is the cornerstone of a cyber-fraud case. It is the sworn narrative that:
- identifies the respondent(s);
- details every essential element of the offense (e.g., deceit, intent to defraud, use of a computer system);
- attaches and authenticates electronic evidence; and
- triggers a formal inquest or pre-investigation before a public prosecutor (Rule 112, Rules of Criminal Procedure; §§5-7, DOJ Department Circular No. 61 s.2012).
Without a well-drafted, properly supported affidavit, the Office of the City/Provincial Prosecutor (OCP/OPP) or the DOJ-Cybercrime Office may dismiss the complaint outright.
2 | Legal Framework Setting Cost Expectations
| Law / Issuance | Relevance to Cost |
|---|---|
| RA 10175 (Cybercrime Prevention Act of 2012) | Defines online fraud (§4(b)(2)) and empowers law-enforcement to perform digital forensics—often billed to the requesting party unless state-initiated. |
| RA 8792 (E-Commerce Act) & Supreme Court A.M. No. 01-7-01-SC | Recognise electronic documents; complainants must print, label and sometimes notarise e-evidence (screenshots, emails) to make them admissible. |
| 2020 Rules on Electronic Evidence (Rule 4) | Mandate authentication costs (hash-value reports, certifications) when needed. |
| 2020 Interim Guidelines on Remote Notarisation | Allow e-notary—fees run 20–40 % higher than walk-in notarisation but cut travel. |
3 | Step-by-Step Cost Drivers
Evidence Harvest
- DIY screenshot capture (₱0) vs. private forensic imaging (₱3 000 – ₱75 000).
- Telecommunications or bank certifications (₱300 – ₱1 000 per page).
Drafting the Affidavit
- Pro-se (self-drafted) – free but risky.
- Private lawyer – acceptance fee ₱3 000 – ₱10 000 for a simple, singly-injured complainant; ₱15 000 – ₱30 000 (or hourly ₱1 500 – ₱5 000) for complex multi-victim or corporate matters.
- Public Attorney’s Office / IBP Legal Aid – ₱0 (income-screened).
Notarisation & Documentary Stamp
- Walk-in notary: ₱150 – ₱500.
- Remote/online notary: ₱250 – ₱700.
- Documentary Stamp Tax (Sec. 188, NIRC): flat ₱30 on affidavits “not otherwise specified.”
Reproduction & Media
- Printing/photocopy: ₱2 per page; 5-set filing often totals ₱100-₱300.
- USB/DVD for e-evidence: ₱150 – ₱500.
Filing & Docket Fees
- Criminal complaints with an OCP/OPP are free.
- BUT if the victim pursues the civil aspect (Art. 100, RPC) in the same affidavit, Regional Trial Court docket on filing of Information may cost ₱3 000 – ₱8 000 (advance by prosecution).
Process & Sheriff Fees
- Subpoena service outside Metro Manila or via courier: ₱1 000 – ₱3 000.
Incidental Expenses
- Transportation to NBI Cybercrime Division or PNP-ACG for digital imaging.
- Time off work, lodging if the complainant lives far from the venue.
4 | Typical Budget Scenarios (2025 prices)
| Scenario | Lean (DIY + Free Aid) | Moderate (Private Counsel) | Corporate / Complex |
|---|---|---|---|
| Evidence capture | ₱0 (screenshots) | ₱3 000 (basic imaging) | ₱25 000 – ₱75 000 (full forensic analysis) |
| Lawyer’s fee | ₱0 (PAO/IBP) | ₱5 000 – ₱20 000 | ₱30 000 – ₱100 000+ |
| Notary & DST | ₱180 | ₱300 | ₱700 |
| Repro & media | ₱150 | ₱300 | ₱1 000 |
| Filing / docket | ₱0 | ₱0 (pre-investigation) | ₱0 (criminal); civil claim later |
| Estimated total | ≈ ₱330 | ≈ ₱8 800 – ₱20 300 | ≈ ₱56 700 – ₱176 700+ |
Note: 1 US$ ≈ ₱56 (July 2025 3-year average).
5 | Ways to Keep Costs Down
- Consolidate victims – one joint complaint-affidavit spreads fixed fees.
- Use the NBI’s walk-in extraction service – cheaper than private labs.
- Leverage e-notary only when travel savings exceed the premium.
- Prepare a fact matrix for counsel to cut billable drafting hours.
- Request a pauper litigant exemption from court fees if monthly net income < twice the minimum wage (Rule 141, Sec. 19).
6 | Can You Recover These Costs?
- Criminal conviction – The court may award restitution and reasonable attorney’s fees (Art. 2208, Civil Code). Collection, however, depends on the convict’s solvency.
- Plea-bargain civil settlement – Parties often negotiate reimbursement of preparatory expenses.
- Insurance / Cyber-risk policies – Check if legal-expense sub-limits cover investigation and complaint drafting.
7 | Tax & Accounting Notes
- Lawyer’s fees are subject to 12 % VAT if counsel is VAT-registered; clients should ask for an official receipt.
- Documentary Stamp Tax is a one-time levy; attaching additional pages later does not require another DST.
- For businesses: preparatory costs may be booked as “Legal and Professional Fees,” deductible if the fraud is connected with trade or employment.
8 | Practical Timeline Snapshot
| Day 0 | Secure chat/email logs, bank confirmations; freeze e-wallet via BSP regulations. | | Day 3 | Draft affidavit; identify witnesses; compute tentative budget. | | Day 4-5 | Lawyer review & revisions; collect annexes. | | Day 6 | Have digital evidence imaged (NBI Cybercrime Division – ₱3 000 basic). | | Day 7 | Notarise affidavit; pay DST. | | Day 8 | File with OCP/OPP or DOJ-Cybercrime via online portal (pilot cities). | | Day 15-30 | Receive subpoena for preliminary investigation; prepare for hearings (mostly virtual since 2023). |
9 | Checklist Before You Spend
- Is your evidence legally obtained and preserved in original format?
- Have you canvassed at least two lawyers for fee quotes?
- Do you qualify for PAO or IBP Free Legal Aid (monthly family income ≤ ₱24 000 outside NCR; ≤ ₱30 000 within NCR)?
- Did you ask the notary about inclusive DST to avoid double payment?
- Will you need expert testimony later? (Budget ₱10 000 – ₱40 000 for appearance fees.)
10 | Key Take-aways
- Core out-of-pocket items are notarisation, DST, and evidence reproduction—often < ₱1 000.
- Professional fees and forensics swing the budget; early scoping with counsel is critical.
- Victims of cyber-fraud are not barred by cost—state mechanisms (PAO, law-school clinics, NBI imaging) exist to make prosecution accessible.
- Good documentation habit—screenshots with visible URLs, transaction reference numbers, and date stamps—cuts later forensic expense.
Bottom line: Preparing a robust complaint-affidavit can range from a few hundred pesos to six-figure sums, driven mainly by the complexity of digital evidence and the choice between free public assistance and private specialists. Plan early, audit each cost item, and leverage statutory and institutional support to protect both your wallet and your case.