Fake Online Lending Agents: How to Verify and How to File an Estafa Complaint (Philippines)

This guide is written for the Philippine context. It’s practical, step-by-step, and designed for individuals and MSMEs. It is general information, not legal advice. If you’re in an active dispute, consult a Philippine lawyer or seek help from law-enforcement immediately.

1) The Playbook of Fake “Online Lending Agents”

Common patterns:

Advance-fee scam. “Guaranteed approval” if you first pay a processing/insurance/unlock/clearance fee via GCash, Maya, remittance center, or bank transfer to a personal account.
Impersonation. Uses the name/logo of a legit bank or lending company but communicates only via personal FB/IG/TikTok/Telegram/Viber accounts and free email (e.g., Gmail/Yahoo), not a corporate domain.
OTP & account-takeover tricks. Asking for your OTP, selfie with ID, or to “verify” by sending money to yourself.
Fake documents. Doctored SEC “Certificates,” ID cards, receipts, or “approval memos.”
Pressure + secrecy. “Promo ends today,” “Don’t call the hotline, it will delay release,” or “We can’t use the company account because of system maintenance.”

2) Legal Framework You Can Rely On (Philippines)

Estafa (Swindling) — Article 315, Revised Penal Code (RPC). Core idea: deceit (or abuse of confidence) + damage (you lost money/property) + reliance (you acted because of the deceit). Estafa includes false pretenses (e.g., pretending to be an agent of a bank/lender) and “other similar deceits.”
Cybercrime Prevention Act (RA 10175). If estafa is committed through ICT (online chats, e-wallets, social media, etc.), penalty is one degree higher (Sec. 6). “Computer-related fraud” may also apply.
Financial Consumer Protection Act (RA 11765). Grants rights to financial consumers and empowers regulators (BSP, SEC, IC) to act against abusive practices. Useful for complaints to regulators.
Lending Company Regulation Act (RA 9474) & Financing Company Act (RA 8556). Only entities with proper SEC registration and a Certificate of Authority (for lending/financing) may operate lending to the public. (Banks are BSP-supervised.)
Data Privacy Act (RA 10173) & SEC rules on unfair debt collection. “Debt shaming,” unauthorized scraping of contacts, and harassment may violate data-privacy and SEC rules—grounds for separate complaints.
Anti-Money Laundering Act (RA 9160, as amended). Banks/e-money issuers report suspicious transactions; with law-enforcement coordination, funds may be frozen or traced.

Prescription (time limits): Estafa’s prescriptive period depends on the penalty prescribed (which depends on the amount defrauded). Don’t delay—act quickly to preserve digital evidence.

3) How to Verify a Lender or “Agent” Before You Send Anything

Quick “5-Minute” Screen

Company identity. Ask for the registered corporate name, not just a brand name or initials.
License. Ask: “Are you a bank (BSP-supervised) or a lending/financing company (SEC Certificate of Authority number)?”
Channels. Legit firms use official email domains, published hotlines, and corporate accounts to receive fees—not personal GCash or remittance pickups.
No advance fees to release a loan. Legit lenders deduct fees upon disbursement or disclose them in writing before you owe anything.
Disclosure. Under the Truth in Lending Act (RA 3765), you’re entitled to a disclosure of finance charges and terms before the loan is consummated.

Deeper Checks (if still unsure)

Call the official hotline (from the company’s public website) and ask to verify the person and the account number you were told to pay.
Request a company email (e.g., name@company.ph) and a written disclosure of loan terms on company letterhead.
Cross-check payee details. The account name should match the company’s legal name, not a random individual.
Walk away from “guaranteed approval,” “today only,” or any request for your OTP.

Golden rule: Never send money or IDs to personal accounts. No genuine lender needs your OTP.

4) If You’ve Already Sent Money

Stop further contact and payments.
Preserve evidence (see §6): screenshots, full chat exports, IDs you sent, e-wallet/bank receipts, phone numbers, profile links.
Report & attempt containment immediately:
- Your bank/e-wallet (ask for a hold/trace and file an incident ticket).
- Law enforcement (NBI Cybercrime Division or PNP Anti-Cybercrime Group).
- If a fake lender pretended to be SEC-licensed, prepare to complain to the SEC; for banks, notify BSP; for privacy/harassment, the NPC.
Consider a demand letter (optional). Useful for variants of estafa involving misappropriation; not required to file a criminal case.
Plan the criminal complaint (see §7) and any civil money claim (you may pursue civil liability with or separate from the criminal case).

5) Who Can Be Liable?

The impostor/agent (principal by direct participation).
The real person controlling the account where you sent money (possible conspirator or accomplice, especially if they knowingly provided a “money mule” account).
Corporate officers/employees if a real company was involved and they knowingly participated.

You may initially file against “John/Jane Doe” with identifying details (handles, numbers, account names). Law-enforcement can later identify full names through lawful subpoenas/warrants.

6) Building a Strong Evidence Package

Digital evidence is admissible in PH courts under the Rules on Electronic Evidence. Aim for authenticity + completeness:

Chats & posts: Export full conversations (PDF/HTML), not cropped snippets. Include timestamps, profile URLs, and phone numbers.
Screenshots: Full-screen captures showing the system clock; keep originals (EXIF).
Money trail: Deposit slips, transfer confirmations, reference numbers, e-wallet transaction histories.
Identity artifacts: Profile photos, “agent IDs,” email headers, call logs.
Timeline: A dated narrative of events (who said what, when, and what you did next).
Preservation: Don’t delete your chats or reset your device. If possible, back up to read-only media.
Witnesses: Names and contact details of anyone who saw the transactions or communications.

Pro-tip: Keep a master list of annexes (Annex “A”–“Z”), each labeled with a short description and date.

7) How to File an Estafa Complaint (Step-by-Step)

You can go straight to the Office of the City/Provincial Prosecutor where any essential element occurred (e.g., where you sent the money, where you were deceived, or where the device used is located). For cyber cases, RA 10175 also recognizes several venues connected to the ICT elements.

A. Prepare Your Complaint-Affidavit

Include:

Your identity and capacity (individual/business).
Respondent(s) — known name(s) or “John/Jane Doe a.k.a. [handle]”, with descriptions/links.
Material facts in chronological order, emphasizing elements of estafa by false pretenses:
- The specific deceit (pretending to be an agent of X, promising a loan subject to fee).
- You relied on that deceit and paid (attach receipts).
- You suffered damage (amount lost).
Offenses charged:
- Estafa under Art. 315, RPC (specify mode: false pretenses/other similar deceits), in relation to Sec. 6, RA 10175 (if done online/through ICT).
- Optionally, note related violations (e.g., RA 11765 rights violations; Data Privacy Act for harassment) for regulator complaints.
Prayer: Filing of Information in court, issuance of subpoena, and restitution.
Annexes: Label and attach all evidence (see §6).
Verification & jurat: Sign and subscribe before a prosecutor (allowed) or have it notarized.

Barangay conciliation? Generally not required for estafa, especially when parties are in different cities/municipalities or the offense carries penalties beyond Katarungang Pambarangay thresholds.

B. Where to File / Who Can Help

City/Provincial Prosecutor’s Office (for preliminary investigation).
NBI – Cybercrime Division or PNP Anti-Cybercrime Group can assist with technical leads, data-preservation requests to providers, and building the case.
Regulator complaints (parallel):
- SEC for illegal lending or unfair collection.
- BSP if a bank/e-money issuer’s staff/platform is implicated.
- National Privacy Commission for harassment/data-privacy violations.

C. What Happens Next

Docketing & evaluation. Prosecutor issues subpoena to respondents (if identifiable) with your complaint-affidavit and annexes.
Counter-affidavits & rejoinders. Paper submissions with deadlines.
Resolution. If probable cause is found, the prosecutor files an Information in court.
Warrant/arraignment/trial. Criminal case proceeds; civil liability (restitution) is generally included unless you waived/reserved it.

Fees: Filing a criminal complaint itself typically has no government filing fee. Expect costs for notarization, printing, and counsel (if you hire one).

8) Parallel Civil Remedies (Optional but Useful)

Civil action for damages/recovery of the amount paid (can be implied in the criminal case or filed separately).
Small Claims in first-level courts for purely civil money claims within the applicable threshold (check the current Supreme Court limit). No lawyers required at hearing, but this does not cover criminal liability.

9) If You’re Being Harassed or Shamed

Document all harassment (screens, call recordings where lawful).
Do not engage. Block; avoid retaliatory posts.
Report to the platform (impersonation/harassment).
NPC complaint for privacy violations (e.g., contacting people in your phonebook, public shaming).
Consider a protection order or blotter if threats escalate.

10) Practical Playbook & Checklists

Red-Flag Checklist (say “No” if you see any)

Personal GCash/remittance payee is an individual, not the lender’s corporate account.
Advance fee required to “release” the loan.
Refuses to use official email/phone or to provide SEC/BSP details.
Asks for your OTP, copies of your SIM or selfie with ID “for verification.”
Rushed timelines and secrecy (“Don’t call the hotline”).

Evidence Checklist (before filing)

Full chat exports (PDF/HTML) + uncropped screenshots with timestamps.
Transaction proofs (bank/e-wallet) with reference numbers.
Profile URLs, numbers, and any email headers.
Timeline of events and list of witnesses.
Your government ID (for KYC at agencies) and proof of residence.

Immediate Contacts (same day you discover the fraud)

Your bank/e-wallet fraud/dispute desk (request hold/trace).
NBI Cybercrime or PNP-ACG for assistance and preservation requests.
Prosecutor’s Office to schedule/execute your complaint-affidavit.

11) Templates You Can Reuse

A. Complaint-Affidavit (Skeleton)

REPUBLIC OF THE PHILIPPINES )
CITY/PROVINCE OF _________ ) S.S.

COMPLAINT–AFFIDAVIT

I, [Full Name], Filipino, of legal age, residing at [Address], after having been duly sworn, depose and state:

1. I am the complainant in this case for ESTAF A under Article 315 of the Revised Penal Code, in relation to Sec. 6 of RA 10175.

2. On [date] at [city/online platform], respondent [Name or “John/Jane Doe a.k.a. <handle>”] falsely represented themself as an authorized lending agent of [Company]. Screenshots are attached as Annexes “A–C”.

3. Relying on this deceit, I paid the amount of ₱[amount] as “processing/insurance/clearance fee” via [GCash/Bank], Ref. No. [xxxx] (Annex “D”). No loan was released.

4. I suffered damage in the amount of ₱[amount]. The deceit preceded my payment and was the cause of the loss.

5. I respectfully pray that an Information for Estafa be filed against respondent(s), and that they be ordered to pay restitution, including interest and damages.

ANNEXES:
A – Profile link/screenshots; B – Chat export; C – Fake ID/Certificate; D – Proof of payment; E – Timeline; etc.

IN WITNESS WHEREOF, I sign this [date] at [city], Philippines.

[Signature over printed name]
Affiant

SUBSCRIBED AND SWORN to before me this [date] at [city].

B. Demand Letter (Optional)

[Date]

[Name/Handle/“John/Jane Doe”]
[Known address or “via platform handle/link”]

RE: UNLAWFUL EXACTION OF “FEES” – DEMAND FOR RETURN

You falsely represented that you are an agent of [Company] and induced me to pay ₱[amount] on [date] for “loan processing/insurance/clearance,” yet no loan was released. This constitutes estafa under Art. 315, RPC, and cybercrime-related fraud if done online.

Demand is made for full return of ₱[amount] within three (3) days from receipt. Failure will compel me to file criminal and civil actions without further notice.

Very truly yours,
[Name]

12) FAQ

Do I need the scammer’s real name to file? No. You can file against John/Jane Doe with identifiers (numbers, handles, account names). Law-enforcement can unmask via lawful process.

Will a bank/e-wallet refund me? They’ll usually investigate, and may freeze suspect funds upon law-enforcement request. Refunds aren’t guaranteed, but fast reporting helps.

Barangay mediation first? Generally no for estafa (and often parties are in different cities); go straight to the prosecutor and/or cybercrime units.

Is paying “one more fee” ever legit? No. Never pay to “unfreeze” or “release” a loan.

13) Smart Prevention for Next Time

Use only official channels of banks/SEC-licensed lenders.
Never share OTPs or full ID scans over chat.
Pay only to corporate accounts named after the company.
Demand written disclosures (RA 3765) before any commitment.
Treat “guaranteed approval” + “advance fee” as an automatic no.

If you want, I can turn this into a printable one-page checklist, or tailor the complaint-affidavit to your facts (names, dates, annex labels).