CYBERCRIME SCAM COMPLAINTS BEFORE THE NBI: A PHILIPPINE LEGAL GUIDE

(Updated 24 June 2025) (For educational purposes only; not a substitute for personal legal advice.)

1 | LEGAL FOUNDATION

Key Law	Highlights for Scam Cases
RA 10175 — Cybercrime Prevention Act of 2012	Defines “computer‐related fraud,” “computer‐related identity theft,” “online phishing,” “online swindling,” etc.; creates cyber-warrants (Secs. 14-17).
RA 8792 — E-Commerce Act	Gives electronic documents and signatures legal effect; useful for presenting screenshots, emails, chat logs.
RA 8484 — Access-Device Regulation Act	Covers credit-card and e-wallet misuse when committed online.
Revised Penal Code (RPC) & estafa	Still applies when the scam involves deceit and damage, even if executed over the internet.
RA 10173 — Data Privacy Act	Adds liability for unlawful processing or unauthorized disclosure during scams (e.g., leaks of personal data).
Rules on Electronic Evidence (A.M. No. 01-7-01-SC)	Governs authentication and admissibility of digital proof in all Philippine courts.

Designated Cybercrime Courts: All Regional Trial Courts (RTCs) now have at least one special cybercrime branch per province, but a complaint can originate with the NBI-Cybercrime Division (NBI-CCD) in Manila or its satellite desks nationwide.

2 | WHY FILE WITH THE NBI?

National Jurisdiction. The NBI can investigate crimes that cut across regions or involve foreign actors and coordinate with INTERPOL or the DOJ-Office of Cybercrime (DOJ-OOC).
Digital Forensics Capability. NBI-CCD has a modern lab for imaging devices, tracing IP addresses, preserving logs, and issuing Preservation Orders to service providers.
One-Stop Coordination. Agents routinely liaise with the BSP, SEC, AMLC, telcos, and e-wallet companies to freeze fraudulent funds swiftly.

3 | WHO MAY COMPLAIN?

Victims — individuals, corporations, or government bodies that lost money or data.
Parents/Guardians — if the victim is a minor.
Law-enforcers — acting motu proprio when cybercrime is publicly visible (e.g., investment scam websites).

No barangay conciliation is required; cybercrimes typically carry penalties exceeding one-year imprisonment and are expressly excluded from the KP Law.

4 | PREPARING YOUR CASE

Evidence Type	Practical Tips
Screenshots & screen-recordings	Keep full URL bars, timestamps, and the device clock visible.
Emails & chat logs	Export original .eml files or download chat JSON; do not edit content.
Bank/e-wallet records	Ask your bank for official transaction history; include reference numbers.
Devices	Bring the actual phone/laptop only if asked; NBI will create a forensic image.
Identity documents	Any government ID for complainant (and corporate papers if a company).
Sworn narration	Draft a Complaint-Affidavit that states: (a) the scam’s timeline; (b) how deceit was employed; (c) amount lost; (d) laws violated (cite Sec. 6(a)(2), RA 10175, etc.). Notarize or have it sworn before the NBI resident prosecutor.

Retention Rule: Keep originals untouched; the Rules on Electronic Evidence require the party to prove the integrity of the digital chain of custody.

5 | STEP-BY-STEP NBI PROCEDURE

Secure an appointment Walk-in is still allowed at NBI-CCD, 3F NBI Main Bldg., Taft Ave., Manila, but booking via cybercrime@nbi.gov.ph or the NBI online portal expedites queuing.
Initial Triage Desk Agent-on-duty checks jurisdiction and completeness of documents. You receive a Case Control Number (CCN).
Affidavit Finalization & Oath The legal officer vets your draft, administers the oath, and attaches all annexes, labeling each exhibit (A, B, C…).
Evaluation & Case Build-Up A Special Investigator (SI) is assigned. Within 15 days the SI must submit an Initial Progress Report (IPR) describing:
- a) validity of claims;
- b) need for cyber-warrants;
- c) preservation requisitions to ISPs or e-wallet firms (24-hour compliance window under Sec. 13, RA 10175).
Forensics & Intelligence Digital Evidence Section images devices; Intelligence Section traces IP addresses and identifies money mules.
Application for Cyber-Warrants If data lies with a third party or inside a suspect device, agents apply for WDCD, WECD, or WSSECD from the cyber-court having territorial jurisdiction (usually Manila RTC-Branch Digital). Warrants are effective for 10 days (extensible once for another 10).
Arrest / Search Operations Upon positive tracing, joint NBI-PNP teams serve the warrant, seize devices, and arrest culprits if in flagrante.
Referral to DOJ-OOC Completed case file (with chain-of-custody logs) is endorsed to DOJ for Preliminary Investigation (PI). The complainant may be required to appear or submit a Reply Affidavit.
Filing of Information If probable cause is found, prosecutors file an Information before the designated Cybercrime RTC. Trial follows regular criminal procedure but allows remote testimony (OCA Circular 91-2022).

6 | TIMELINE SNAPSHOT

Stage	Typical Duration*
Intake to assignment	Same day
Forensics & tracing	2–8 weeks
Cyber-warrant approval	1–3 days (ex parte)
Preliminary Investigation	60–90 days
Trial (once docketed)	1–2 years

*Actual periods vary with evidence complexity, court congestion, and cooperation of ISPs/banks.

7 | COSTS & FEES

Filing: Free.
Forensic imaging: P 2,000–5,000 per device (waivable for indigents).
Travel & notarization: user-borne.
Expert testimony: If you ask the examiner to testify, the court may order payment of witness fees (Rule 141).

8 | FOLLOW-UP & STATUS QUERIES

NBI e-mail: casecontrol@nbi.gov.ph (quote CCN).
Hotline: (02) 8523-8231 loc. 3454 (Mon–Fri 8 am-5 pm).
Walk-in inquiries: provide ID + Authorization Letter if you are a representative.
Online tracker: in pilot as of 2025; requires OTP tied to complaint’s mobile number.

9 | COMMON PITFALLS & HOW TO AVOID THEM

Pitfall	Prevention
Edited or cropped screenshots	Preserve raw captures; printouts alone rarely suffice.
Delayed reporting (>1 year)	Estafa prescribes in 10 years, but electronic logs may already be purged after 6 months; report ASAP.
Using private “fixers”	Only NBI staff are authorized to accept complaints; services are free.
Unverified investment tips	Report to SEC Enforcement and Investor Protection Dept. in parallel; NBI focuses on criminal aspect.
Duplicate filing with PNP-ACG	Choose either agency to avoid jurisdictional confusion; if filed with both, disclose to investigators.

10 | POST-FILING CIVIL REMEDIES

Restitution Motion under Art. 104, RPC — may be awarded as part of the criminal judgment.
Separate civil action for damages (Art. 33, Civil Code) — file in RTC/MeTC; suspended during criminal trial unless waived.
Asset Freezing — Coordinate with AMLC for a Freeze Order on scammer’s bank/e-wallet assets (ex parte, 20-day initial duration).

11 | FREQUENTLY ASKED QUESTIONS

Q1. Can I file while abroad? Yes. Execute a Consularized Special Power of Attorney naming a Philippine-based representative to swear the affidavit.

Q2. Will the suspect automatically be arrested? Not unless the court issues a Warrant of Arrest upon finding probable cause post-PI. Immediate arrest is possible only during warrant service or in a hot-pursuit situation.

Q3. Does the NBI mediate refunds? The NBI may facilitate voluntary restitution but has no power to compel repayment without a court order.

Q4. Are online libel and scams handled the same way? Both are cybercrimes under RA 10175, but online libel is personal offense requiring a private complaint, whereas scam complaints can be initiated by law-enforcement based on public interest.

Q5. What if the scammer is overseas? The NBI transmits a Mutual Legal Assistance Treaty (MLAT) request via the DOJ-OOC; expect longer timelines (6 months-2 years) for data disclosure or extradition.

12 | CHECKLIST (PRINT & BRING)

□ Valid government ID
□ Printed & electronic copy of Complaint-Affidavit
□ All digital evidence saved on USB/DVD + cloud backup
□ Transaction receipts / bank certifications
□ Contact numbers of witnesses

CONCLUSION

Filing a cybercrime scam complaint with the NBI is procedurally straightforward but evidence-intensive. The stronger your digital trail and the sooner you act, the higher the chance of freezing stolen funds and prosecuting offenders. Mastery of the steps—from affidavit drafting to cyber-warrant execution—equips victims and counsel alike to navigate the Philippine cyber-justice system efficiently.