Credit Card Fraud Dispute Philippines: Do You Need a Police Report for Chargebacks?

Credit Card Fraud Dispute in the Philippines: Do You Need a Police Report for Chargebacks?

Last updated: reflects Philippine practice and rules as generally observed; not legal advice.


Short answer

No, a police report (a.k.a. “police blotter” or incident report) is not automatically required for every credit-card chargeback or fraud dispute in the Philippines.

  • It’s often optional but helpful evidence—especially for lost/stolen cards, skimming/cloning, SIM-swap, or identity-theft cases.
  • Many issuers will process disputes with a completed dispute form + valid ID + statement excerpts and supporting screenshots.
  • Some banks may ask for a notarized affidavit and, depending on the scenario and their internal policy, a police report before granting provisional credit or escalating a case through the card networks.

Bottom line: There’s no blanket statutory rule that you must submit a police report for a chargeback, but your issuing bank’s requirements control the paperwork. When in doubt, file the blotter—it strengthens your case and helps if the matter becomes criminal.


The legal & regulatory backdrop (Philippine context)

  • Access Devices Regulation Act (RA 8484). Criminalizes credit-card and access-device fraud and obliges cardholders to exercise care and promptly notify issuers of loss/theft/compromise. Banks rely on your prompt notice and cooperation (e.g., affidavit of loss/fraud).
  • Financial Consumer Protection Act (RA 11765). Gives you rights to fair treatment, clear disclosure, and redress; empowers the Bangko Sentral ng Pilipinas (BSP) to supervise banks’ complaint handling.
  • Cybercrime Prevention Act (RA 10175). Covers computer-related fraud; relevant for card-not-present (CNP) scams, phishing, and SIM-swap.
  • Data Privacy Act (RA 10173). If a data breach led to exposure of your card/PII, you may have additional remedies and reporting avenues.

Key practical point: There is no single “Chargeback Law.” Chargebacks ride on card-network rules (Visa/Mastercard/AmEx/JCB) plus your card agreement and BSP consumer-protection standards.


When is a police report required, recommended, or unnecessary?

Likely required or strongly recommended

  • Lost/stolen physical card transactions (especially contact or magstripe use).
  • Card skimming/cloning or counterfeit card use.
  • Identity theft / new-account fraud (account opened or taken over in your name).
  • High-value or patterned fraud, cross-border misuse, or where the bank flags AML/CFT concerns (the report documents your claim of victimization).

Often helpful but not strictly required

  • Card-not-present fraud (e.g., online charges you didn’t make). Many issuers accept disputes with an affidavit and evidence of non-authorization; a blotter still adds weight—especially if OTPs were sent to a number you didn’t control (possible SIM-swap).

Typically not needed

  • Merchant errors (duplicate billing, wrong amount).
  • Service/quality disputes (item not received/defective)—these are not fraud and follow different chargeback reason codes. A police report is irrelevant here.

How chargebacks actually work (in simple terms)

  1. You notify your issuing bank and submit a dispute package.
  2. The issuer may grant a provisional credit and raises the case via the card network.
  3. The acquirer/merchant can accept or fight it with evidence.
  4. If contested, it can move to pre-arbitration and arbitration under network rules.
  5. Final outcome: credit stands or is reversed. You’ll get a written decision.

Timeframes: Banks commonly ask you to report and file within ~30 days of statement or discovery (check your T&Cs). Network cycles often take 45–90+ days; complex cases can run longer. Provisional credits can be reversed if the issuer ultimately loses.


Documents banks commonly ask for

  • Completed dispute form (bank’s template).
  • Valid government ID.
  • Statement page(s) highlighting the disputed charges.
  • Affidavit of fraud/loss (some require notarization).
  • Screenshots/evidence: app lock timestamps, SMS OTP logs, email alerts, travel proofs, delivery non-receipt, etc.
  • Police report (blotter) if bank policy or case type warrants it (see above).

Tip: If your case involves SIM-swap or phishing, also secure a ticket/certificate from your telco and keep incident case numbers from the PNP-ACG or NBI Cybercrime Division.


Step-by-step playbook (what to do immediately)

  1. Freeze/block your card in-app and call the hotline to permanently block and request a replacement.
  2. Change passwords on email and bank app; enable app-based authentication; set transaction alerts.
  3. Gather evidence: timestamps, SMS/OTP logs, emails, device logs, delivery tracking, travel records.
  4. File the dispute promptly (aim within 24–48 hours of discovery; don’t exceed the bank’s stated window).
  5. Consider filing a police blotter if any physical theft, cloning, identity-theft, or SIM-swap is suspected.
  6. Ask for provisional credit and interest suspension on disputed amounts while the investigation runs.
  7. Monitor the case: request the reference/case number and expected milestones in writing.

Special issues (and how they affect outcomes)

  • 3-D Secure / OTP used. Issuers may argue that OTP = cardholder authentication. You can still contest if you show compromise: SIM-swap, malware/remote access, or social-engineering that diverted OTPs. Provide telco records and police/NBI case numbers if possible.
  • Recurring/merchant-on-file transactions. Cancel authorizations directly with the merchant and document the cancellation; disputes are stronger if you show revocation before the charge.
  • Foreign merchants. Still disputable via networks; police in PH may have limited reach, but your blotter documents the fraud.
  • Interest & credit reporting. Ask your bank not to charge finance fees on disputed amounts and not to report them as delinquent to the CIC while the case is pending. Pay the undisputed portion to keep your account current.
  • Account takeovers/new-account fraud. In addition to disputing, freeze your credit with the Credit Information Corporation’s accredited bureaus (where available) and file criminal complaints as advised by counsel or law enforcement.

Escalation paths if you’re unhappy with the bank’s decision

  1. Request the final written decision with the specific reason codes/evidence relied upon.

  2. Escalate inside the bank (Complaints/Customer Experience or the office identified in your terms).

  3. Regulator escalation under RA 11765: file with the BSP (for banks and their card-issuing subsidiaries). Include: your dispute packet, timelines, the bank’s final reply, and any police/NBI references.

  4. Law enforcement:

    • PNP Anti-Cybercrime Group or NBI Cybercrime Division for online fraud/identity theft.
    • Local police for theft, skimming, or in-person offences.
  5. Civil remedies: If monetary loss remains, you may consider filing a civil action. The Small Claims rules (no lawyers required at hearing) can apply up to the current small-claims threshold; consult the latest threshold and venue rules before filing.


Frequently asked questions

Do I have to keep paying while the dispute is pending? Pay the undisputed portion and minimum due (excluding the disputed amount if the bank allows). Request waiver of interest/fees on the disputed sum pending resolution.

Will a police report guarantee a win? No. It’s supporting evidence, not a decision by itself. The chargeback decision turns on network rules and evidence.

I missed the bank’s 30-day window—am I out of luck? Not always. File asap with an explanation. Some banks accept late filings in compelling fraud scenarios, but they’re not obliged to.

The merchant says the goods were delivered. Ask for delivery proof (address, recipient name/signature, device geodata). If mismatched, include that in your rebuttal. For digital goods, seek IP logs/device IDs.


Practical templates

A. Affidavit/Statement of Fraud (skeleton)

  • Your full name, address, IDs.
  • Card’s last 4 digits.
  • Date/time you discovered the issue.
  • List of disputed transactions (date, merchant, amount, currency).
  • Clear statement: “I did not authorize these transactions and did not benefit from them.”
  • Actions taken: when you blocked the card, reported to bank, filed blotter (if any), telco ticket number, PNP/NBI case number.
  • Undertaking to cooperate and acknowledgment that false statements are punishable.
  • Signature; notarization if required by your bank.

B. Police blotter essentials (what to bring)

  • Valid ID, bank statement or app screenshots, timeline of events, any CCTV or delivery notes, telco ticket (for SIM-swap).
  • Ask for a certified copy with date, time, and incident number.

What “good” evidence looks like

  • Timeline that shows you couldn’t have made the transactions (location, travel records, work logs).
  • Device/app logs showing blocks/locks before later fraudulent charges posted.
  • Telco certification of SIM replacement or compromised line.
  • Merchant delivery data that doesn’t match you.
  • Consistent, prompt reporting (to the bank and, where appropriate, to police/NBI).

Takeaways

  • No universal legal requirement to submit a police report for a chargeback in the Philippines.
  • Your bank’s policy and the fraud scenario determine whether a blotter is required, optional, or unnecessary.
  • Filing a police report strengthens your case in theft, cloning, SIM-swap, and identity-theft matters and helps if the issue escalates criminally or regulatorily.
  • Act fast, document everything, and escalate methodically.

If you want, I can turn this into a printable checklist and a fill-in affidavit you can reuse.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.