Filing a Facebook-Scam Complaint with the Philippine Cybercrime Units

A comprehensive legal guide for victims, lawyers, and investigators

1. Why this guide matters

Facebook remains the most-used social-media platform in the Philippines, which makes it a fertile ground for online swindling, investment pyramids, bogus online-shop sales, romance scams, “budol” sextortion, and e-wallet phishing. When any of these occur, the fastest route to criminal redress is usually a complaint before either the PNP Anti-Cybercrime Group (PNP-ACG) or the NBI Cybercrime Division (NBI-CCD). This article explains, in Philippine-law terms, everything you need to know—from the legal basis to evidence-gathering, filing procedure, jurisdiction, and practical pitfalls.

2. Legal framework

Source of law	Relevant provisions	Key take-aways for Facebook scams
Republic Act 10175 – Cybercrime Prevention Act of 2012	§4(b)(2) Computer-related fraud (punishes deceit causing loss using ICT); §4(b)(3) Computer-related identity theft; §6 penalty one degree higher than the analogue offense	The cybercrime label brings in special search-and-seizure powers (§15–§18) and makes PNP-ACG/NBI-CCD primary enforcers
Revised Penal Code Art. 315 (Estafa)	Swindling by false pretenses, fraudulent acts	Still charged in tandem with §4(b)(2) when money or property is lost
Data Privacy Act (RA 10173)	§26 Unauthorized processing, §28 Non-consensual disclosure	Often invoked if personal information was harvested or leaked
E-Commerce Act (RA 8792) & Rules on Electronic Evidence (A.M. 01-7-01-SC)	Recognition of electronic documents, admissibility rules	Screenshots, chat logs, and metadata qualify as original evidence
Access Devices Regulation Act (RA 8484)	Fraudulent use of account numbers, OTPs	Applied to GCash/GrabPay/credit-card phishing done via FB
SIM Registration Act (RA 11934, 2023)	SIMs used in scams may be traced; makes providing unregistered SIMs an added offense	Telecom providers must supply subscriber identity upon subpoena or court order

Penalties. With the §6 aggravation, online estafa can reach reclusión temporal (12 yrs + 1 day – 20 yrs) if the amount exceeds ₱2.4 million, plus accessory penalties and automatic civil liability (Art. 104, RPC).

3. Where—and how—to file

Office	Jurisdiction & typical use-case	Address / portal
PNP Anti-Cybercrime Group (ACG)	Day-to-day cyber-fraud, sextortion, hacked accounts; can conduct entrapment	Camp Crame, Quezon City; regional ACG desks nationwide; hotline (02) 8414-1560; email acg@pnp.gov.ph; Facebook: @pnpacg
NBI Cybercrime Division (CCD)	Large-scale or syndicated fraud, cross-border tracing; MLAT coordination	NBI Main, Taft Ave., Manila; online e-Complaint Form via https://ecybercrime.nbi.gov.ph
DOJ Office of Cybercrime (OOC)	Handles mutual legal assistance (MLAT) letters to Facebook’s legal hub in Ireland; oversees cyber-warrant applications	DOJ Main, Padre Faura; email ooc@doj.gov.ph

Note: Either PNP-ACG or NBI-CCD can endorse the case to the City/Provincial Prosecutor for inquest or preliminary investigation once sufficient evidence exists.

4. Evidence checklist (bring both printed and digital copies)

Complaint-Affidavit Chronological narration of facts, identities/aliases, amounts lost, and laws violated; sworn before a prosecutor or in-house admin officer.
Facebook artifacts
- Full-page URL screenshots (include browser address bar and timestamp)
- Screen recording of chat flow (MP4) if lengthy
- Public-page or Marketplace listing archives (use “Download Page” in Facebook, Wayback, or WARC file if possible)
Transactional proofs
- Deposit/transfer slips, GCash reference numbers, QR codes, courier receipts
- E-mails, SMS, or in-app notifications confirming payment or shipment
Complainant credentials
- Government-issued ID (PhilSys, Passport, DL, etc.)
- Proof of present address (for venue jurisdiction)
Device & platform data (optional but persuasive)
- IP logs from Facebook (download via Settings → Your Facebook Information → Download)
- Mobile device extraction image (Cellebrite/Cellebrite Reader format) if available
Power of attorney or board resolution (if complainant is a corporation)

5. Step-by-step filing procedure

A. Preparation (Day 0 – Day 7) • Draft and notarize the complaint-affidavit. • Collect digital evidence on a USB (ideally exFAT, virus-scanned). • Have all originals photocopied.

B. Intake (Day 1 onwards)

Proceed to PNP-ACG desk or NBI-CCD counter.

Sworn Interview: Investigating agent cross-checks facts; adds clarificatory questions; may video-record.

Evidence Turn-Over Form: Lists every storage device and printout.

C. Investigation • Front-end forensics: Preservation of posts via Facebook Law Enforcement Portal (LEP). • Subpoena duces tecum under §14 RA 10175 to telecoms/banks. • MLAT request (through DOJ OOC) for Facebook data beyond 90-day retention. • Covert operations: simulated money transfer or controlled delivery if suspect is active.

D. Prosecutorial Stage • Agent files a Referral Complaint with the Office of the City Prosecutor (Rule 112). • Prosecutor issues Subpoena to Respondent within 10 days; respondent answers counter-affidavit. • Resolution: dismissal or filing of Information in court.

E. Court & Enforcement • Cybercrime Warrant to Disclose Computer Data (WDCD) or Warrant to Seize & Examine (WSEC) per §15-§18, RA 10175. • Arrest Warrant once Information is docketed and probable cause is confirmed. • Asset freeze/forfeiture via AMLC ex-parte petition if scam amount ≥ ₱1 million or linked to money-laundering.

Time-frame: straightforward cases (same-city seller, full identity known) can reach court in 3-4 months. Cross-border or crypto cases may take 12 months + due to MLAT and blockchain tracing.

6. Venue & jurisdiction nuances

Transitory offense doctrine: Estafa may be filed in any place where any element occurred—e.g., where the Facebook offer was viewed, the money was sent, or the complainant resides.
Small-claims overlap: If the amount is ≤ ₱400,000, a complainant may choose to sue civilly in Small Claims Court without a lawyer while the criminal case is pending (OCA Circular 45-2019).
Online dispute platforms: DTI’s e-Commerce Consumer Complaints System may mediate in parallel but does not bar criminal prosecution.

7. Admissibility of electronic evidence

Authenticity (Rule 2, Sec. 1, RREE): show integrity of the data chain; hash-value matching if possible.
Best Evidence Rule satisfied by printout or copy if accompanied by Affidavit of Authenticity (Sec. 2).
Metadata testimony: digital forensic examiner explains EXIF/time-zone, Facebook’s UTC-8 default vs. PHT.
Judicial notice of FB features: Courts have accepted screenshots of Facebook Messenger as business records (People v. Eslito, CA-G.R. CR-HC 12051, 2023).

8. Prescriptive periods

Offense	Base period	Online aggravation (§6, RA 10175)	Effective prescriptive period
Estafa ≤ ₱40k (prisión correccional)	10 years	+1 degree ⇒ prisión mayor	15 years
Estafa > ₱40k	15 years	+1 degree ⇒ reclusión temporal	20 years
Computer-related identity theft	10 years	N/A (already cyber offense)	10 years
Data-privacy violations	3 years	N/A	3 years

Prescription pauses upon filing of complaint with the prosecutor or NBI/PNP; resumes if dismissed.

9. Civil remedies and restitution

Art. 100 RPC: every person criminally liable is also civilly liable.
Art. 33 Civil Code: independent civil action for defamation, fraud, or physical injuries can proceed separately and simultaneously.
Provisional remedies:
- Attachment (Rule 57) on suspect’s bank/e-wallet funds.
- Injunction ordering Facebook to suspend the scam page.

10. Practical tips and common pitfalls

Do	Don’t
Capture the message-info header (three-dot menu → “Information”) to show sender UID and exact send time	Rely on cropped screenshots lacking URL or timestamps
Back-up chats via Settings → Download Your Information (full JSON)	Delete chats thinking they are “gone anyway”—Facebook retains for 90 days
Bring power bank and arrive early; affidavit readings can last hours	Expect walk-in weekends—NBI/ACG usually accept cyber-fraud complaints on weekdays only
Clarify if you want entrapment; agents need written approval for simulated buys	Send a “test payment” on your own without coordination; may taint evidence chain
Follow-up every 15 days in writing; attach new leads	Flood investigators with separate e-mails; creates evidence sprawl

11. Notable Philippine cases

Case	Gist	Outcome
People v. Manalansan (RTC Cavite, 2021)	Online sale of non-existent iPhones via FB Marketplace	Convicted of estafa & §4(b)(2); sentenced to 14 years, ₱1.2 M restitution
People v. Tulagan (G.R. 227363, 3 March 2020)	SC clarified overlap between RPC and cyber offenses	Held that §6 applies when traditional crime is committed by, through, or with ICT
People v. Macrohon (RTC Cebu, 2022)	Romance scam, ₱3.5 M loss; suspect hid abroad	Conviction in absentia; standing warrant; MLAT pending
CA-G.R. CR-HC 12051 (Eslito, 2023)	Screengrab admissibility	CA upheld conviction where FB chats were authenticated by victim and cyber-cop

12. Future developments

e-Complaint One-Stop Portal under E-Gov PH Roadmap aims to merge NBI and PNP cyber-reporting by 2026.
Proposed Online Scams Prevention Act (Senate Bill 2039) will impose SIM wallet transaction caps and strict liability for platforms that fail to take down fraudulent listings within 24 hours of verified notice.
Facebook is piloting the Philippines Special Data Request Portal (SDRP) for faster law-enforcement turnaround times (14 calendar days vs. current 30).

13. Conclusion

Filing a Facebook-scam complaint in the Philippines is neither quick nor effortless, but the legal architecture—RA 10175, the Revised Penal Code, electronic-evidence rules, and cyber-specific warrants—provides a robust path to accountability. Success hinges on meticulous evidence preservation, correct venue choice, and persistent follow-up with cyber-investigators and prosecutors. Victims who understand the process dramatically increase the odds of restitution and, equally important, prevent the scammer from victimizing others.

Last updated: 7 July 2025