1) What “non-delivery” covers (and why it matters)

In Philippine consumer and contract law, “non-delivery” is not only the literal absence of the item. It can include:

No item delivered at all despite payment.
Marked “delivered” but buyer never received it (misdelivery, fake proof of delivery, “ghost delivery”).
Partial delivery (missing items/quantity short).
Wrong item delivered and seller/courier fails to correct it.
Delivery unreasonably delayed such that it defeats the purpose of the purchase (e.g., time-sensitive goods), depending on agreed timelines and circumstances.
Courier loss where seller refuses refund/replacement and pushes all risk to the buyer despite collecting payment.

Why classification matters: it affects who you proceed against (seller, platform, courier), the best forum (platform dispute, DTI mediation, small claims, criminal complaint), and the remedies (refund, replacement, damages, chargeback).

2) The core legal frameworks in the Philippines

Non-delivery disputes typically fall under three overlapping tracks:

A. Contract / obligations (Civil Code concepts)

Online purchases are contracts: you pay the price, the seller must deliver the thing as agreed. Key principles:

Obligation to deliver what was sold, in the agreed condition, within the agreed time.
Delay (mora) can entitle the buyer to remedies if the seller fails to deliver on time after demand, or if time is of the essence.
Rescission / cancellation may be available when a party substantially breaches (e.g., non-delivery after payment).
Damages may be claimed if you can prove loss caused by breach (actual damages), and in some cases moral/exemplary damages (typically requiring bad faith or other legal basis).

Even without a written paper contract, the contract can be proven by electronic evidence: order confirmation, chats, invoices, payment records.

B. Consumer protection (Consumer Act principles and consumer policy)

Where the buyer is a consumer and the seller is acting in trade/commerce, Philippine consumer protection principles generally aim to ensure:

Truthful sales representations.
Fair dealing.
Accessible complaint mechanisms (often through administrative mediation and enforcement).

In practice, many consumer disputes are routed first through administrative complaint handling (especially the DTI for many consumer goods transactions), because it is faster and less costly than court.

C. E-commerce and electronic evidence

Philippine law recognizes electronic data messages and electronic documents in transactions and as evidence, and generally allows:

Contracts concluded electronically.
Admissibility of electronic documents subject to authentication.
Use of digital records (screenshots, emails, platform logs) to prove agreement, payment, and breach.

3) Who can be liable: seller, platform, courier, and payment providers

A. The seller/merchant (primary target in most cases)

In most non-delivery cases, the seller is primarily responsible to deliver or refund, even if they used a third-party courier—unless a valid arrangement shifts risk in a way recognized and enforceable under applicable consumer rules and contract terms.

B. The platform/marketplace (possible, but depends on role)

A marketplace may be:

Just an intermediary (listing, messaging, payment escrow).
A merchant of record (platform sells in its own name).
A service provider that controls payment release and dispute mechanisms.

Whether the platform is a proper respondent depends on:

Whose name is on the invoice/receipt.
Who received the payment first (escrow vs direct to seller).
Platform representations (buyer protection, guarantees).
The platform’s involvement in fulfillment (platform-managed logistics).

Platforms often require you to exhaust internal dispute resolution first; doing so also creates a useful evidence trail.

C. The courier/logistics provider (possible for misdelivery/loss)

Couriers can be proceeded against when evidence points to:

Loss in transit;
Misdelivery;
Falsified delivery status/proof of delivery;
Negligence in handling.

However, many consumer transactions are structured so the buyer contracted with the seller, and the seller contracted with the courier. In that case, your simplest path is usually against the seller (who can then pursue the courier), unless platform terms or shipping contracts create a direct buyer-courier claim.

D. Payment channels (chargeback/refund mechanisms)

If you paid by credit card, some debit cards, or certain e-wallets/payment processors, you may have a dispute/chargeback route governed by the provider’s rules. This is not a “case” in the judicial sense, but it can be the fastest way to reverse a non-delivery loss. Preserve your dispute reference numbers and communications.

4) Best initial move: evidence preservation (do this before filing)

Non-delivery cases are won or lost on proof. Assemble a single folder with:

Transaction proof

Order page (item description, quantity, price, shipping fee).
Order confirmation email/app screen.
Invoice/official receipt (if any).
Payment proof: bank transfer receipt, card charge slip, e-wallet transaction ID.
Seller details: store name, account name, phone/email, address (if available), business registration info (if displayed).

Communications

Full chat thread with seller/platform support (include timestamps).
Emails and ticket numbers.
Any admissions, promises, revised delivery dates.

Delivery proof (or proof of non-delivery)

Tracking number and tracking history screenshots.
“Delivered” status and any proof of delivery image/signature.
If marked delivered: statements from household/guard/neighbor; CCTV availability; gate logbook entry; barangay/condo admin confirmation.
If courier called/texted: call logs, SMS screenshots.

Product context evidence (if needed)

If partial delivery or wrong item: unboxing video, photos, packaging labels.
Weight discrepancy screenshots (some couriers show recorded weights).

Identity markers

Names of agents you spoke with, dates, time, and summaries.
If you suspect fraud: the seller’s bank account details and any identity info used.

5) Pre-case step: make a clear written demand (often essential)

A written demand strengthens civil/administrative claims and helps establish delay and bad faith.

A demand typically includes:

Your name, address, contact details.
Order reference number, date of purchase, item description, amount paid.
What went wrong (non-delivery / marked delivered but not received).
What you want: refund, replacement, or deliver within X days.
A firm deadline (e.g., 48–72 hours for response; 5–7 days for action depending on context).
Notice that you will escalate to platform dispute channels and file an administrative/civil/criminal complaint if ignored.

Send it through:

Platform chat/email ticket (best because it is logged),
Email to seller (if available),
And, if you can, registered courier/email with delivery/read receipts.

6) Choosing your route: platform dispute, DTI, barangay, small claims, civil case, criminal case

Route 1: Platform dispute mechanisms (recommended first when available)

Pros: fast, documented, minimal cost Typical outcomes: refund, replacement, account sanctions

Use this when:

You purchased through a marketplace with escrow/buyer protection.
Payment release to seller can be stopped.
The platform can compel seller response.

Key tips:

File within platform deadlines.
Keep the dispute factual: attach proofs; avoid long narratives.
Emphasize: payment made, non-delivery, failed resolution attempts.

Route 2: Administrative complaint (commonly DTI for consumer goods)

Pros: low cost, mediation-focused, faster than courts Typical outcomes: settlement/refund, compliance directives, sometimes penalties for violations (depending on authority and facts)

Use this when:

The seller is local or has a local presence.
The platform dispute fails or is unavailable.
You need government-facilitated mediation.

Prepare:

Complaint affidavit or narrative.
Evidence packet (as above).
Respondent details (seller and potentially platform/courier, as appropriate).

Expect:

Referral to mediation/conciliation conferences.
Requirement to appear (in person or online, depending on system).

Route 3: Barangay conciliation (Katarungang Pambarangay) for certain disputes

For many civil disputes between individuals residing in the same city/municipality, barangay conciliation may be a prerequisite before court filing. Applicability depends on:

Parties’ residence,
Nature of the dispute,
Whether exceptions apply.

When it applies, you typically file at the barangay, attend mediation, then may obtain a certificate (e.g., to file action in court) if settlement fails.

Route 4: Small Claims (court) for money recovery

If your main goal is refund of a specific sum (price + shipping, maybe incidental damages within allowable scope), small claims is often the most practical judicial route.

Pros: faster than regular civil cases; simplified procedure; generally no lawyers needed (subject to rules) Typical outcomes: judgment ordering payment; enforceable through execution

Use when:

You want a court order to recover money.
The respondent refuses to refund despite clear proof.

Practical notes:

You need the respondent’s correct name and address for service of summons.
Your claim should be liquidated/ascertainable (e.g., exact amount paid).
Attach all proofs: order details, payment, demand, and non-delivery evidence.

Route 5: Regular civil action (breach of contract / damages)

Use when:

You seek more complex remedies (substantial damages, injunctions, multiple defendants, complex facts).
The amount or issues exceed what is practical for small claims, or you need broader relief.

Cons: slower, more procedural, higher cost.

Route 6: Criminal complaint (e.g., estafa / online fraud patterns)

Criminal filing is appropriate where facts indicate deceit or fraudulent intent, such as:

Seller never intended to deliver and used false pretenses to obtain money.
Repeated pattern of taking payments and not shipping.
Fake tracking numbers, fabricated proof of delivery tied to deception.
Identity misrepresentation.

Pros: strong pressure lever; can address fraud Cons: higher burden; must show elements of the offense; prosecutors screen cases; “non-delivery” alone is not automatically criminal—many are civil breaches unless fraud is provable.

Where to initiate:

Law enforcement cyber units / investigative desks (for online scam patterns),
Prosecutor’s office for complaint-affidavit filing (usually after initial documentation).

You will need:

Complaint affidavit with chronological facts,
Proof of payment,
Proof of misrepresentation/deceit (critical),
IDs and any respondent identifiers.

7) How to decide: civil/administrative vs criminal

A useful rule of thumb:

Strong for civil/administrative (breach of contract)

Seller is identifiable and engaged in business.
Seller shipped late or logistics failed, but no clear deception.
Dispute is about delivery performance and refunds.

Strong for criminal (fraud/estafa indicators)

Seller used deception to get money (fake identity, false claims of stock/shipping).
Seller disappears immediately after payment.
Multiple victims or repeated scheme indications.
Fabricated tracking/proof of delivery not explainable by mere courier mistake.

Many complainants pursue parallel tracks:

Platform/DTI/civil for recovery;
Criminal for accountability, when facts support it. Parallel filing must still be done responsibly: statements must be accurate and evidence-based.

8) What to include in a complaint: the anatomy of a strong filing

Whether administrative or court-based, a strong complaint has:

Parties

Your full name and address.
Respondent’s correct legal name and address (individual or business).

Jurisdiction/venue basis

Where you bought, where you reside, where respondent operates, where transaction occurred online, where delivery should have happened.

Statement of facts (chronological)

Date of order, item, amount, payment method.
Seller’s promised delivery timeframe.
Tracking history and anomaly (e.g., “delivered” but not received).
Your follow-ups and respondent responses.
Your demand and failure/refusal.

Cause of action / legal basis

Non-delivery as breach of contract/consumer violation.
If criminal: deception and damage elements (only if evidence supports).

Relief/prayer

Refund amount and breakdown.
Delivery/replacement (if desired).
Damages (if justified and provable).
Costs and other appropriate relief.

Attachments

Label exhibits (A, B, C…) and refer to them in the narrative.
Include a summary table of exhibits for clarity.

9) Remedies you can seek

A. Primary remedies

Refund of the full purchase price (often including shipping).
Replacement (same item/specs) delivered properly.
Specific performance (compel delivery), though refund is often more practical when trust is broken.

B. Add-on monetary remedies (case-dependent)

Interest (when legally proper and supported).
Actual damages (provable out-of-pocket losses caused by non-delivery).
Moral/exemplary damages (generally require specific legal basis and proof of bad faith or circumstances recognized by law).
Attorney’s fees (not automatic; must be justified under recognized grounds).

In many consumer disputes, the most efficient, evidence-supported relief is refund + documented incidental losses.

10) Common defenses you should anticipate (and how to counter)

“Courier issue; not our fault”

Counter:

Seller received payment and is responsible to ensure delivery or refund.
Provide tracking anomalies and your demand records.
Show platform/courier records if loss occurred pre-delivery.

“Marked delivered; buyer must have received it”

Counter:

Lack of valid proof of delivery (wrong signature, no photo, wrong address).
CCTV/guard log/household affidavits.
Courier’s own inconsistencies (time stamps, GPS if shown, rider identity).

“Buyer provided wrong address”

Counter:

Order form showing correct address at purchase time.
Prior successful deliveries to same address.
Chat confirmations.

“Force majeure / extraordinary events”

Counter:

Ask for specifics and proof.
Emphasize unreasonable delay and failure to communicate/offer refund options.

“No refund; store policy”

Counter:

Internal policies cannot override basic obligations where non-delivery is attributable to seller or their chosen logistics chain, especially when the buyer did not receive the goods.

11) Special scenarios

A. Cash-on-delivery (COD)

If COD was truly unpaid (you did not hand over money), there may be no money recovery claim, but there may be:

Misdelivery issues,
Identity misuse,
Harassment/collection errors,
Platform/courier complaint routes.

If you paid COD but the item is missing/wrong and the courier refuses to document it, evidence becomes critical: unboxing video, witnesses, immediate reporting.

B. Bank transfer / e-wallet direct payments (higher risk)

These are harder to reverse. Your strongest approach is:

Immediate demand,
Platform/DTI complaint,
If fraud indicators exist: criminal complaint with bank/e-wallet transaction identifiers.

C. Cross-border purchases

Challenges:

Jurisdiction and enforceability against foreign sellers.
Practical reliance on platform dispute systems, payment chargebacks, and customs/shipping proofs.

D. Dropshipping and “pre-order” delays

Focus on:

What delivery timeline was represented,
Whether delay was disclosed clearly,
Whether the seller offered cancellation/refund options,
Whether representations were misleading.

12) Practical drafting tools

A. Demand letter skeleton (adapt as needed)

Subject: Demand for Delivery/Refund – Order No. ______
Facts: purchase date, item, amount paid, promised delivery date
Breach: non-delivery / falsely tagged delivered / partial delivery
Prior actions: follow-ups, tickets, replies
Demand: refund ₱____ within ___ days OR deliver within ___ days
Notice: escalation to platform dispute and filing of administrative/civil/criminal complaints as warranted
Attachments: list of proofs

B. Exhibit checklist

Order confirmation
Payment proof
Tracking history
“Delivered” status proof
Proof you did not receive (CCTV/guard log/affidavits)
Demand letter and proof of sending
Platform tickets and responses

13) Execution and enforcement: what happens after you win

Winning a refund order or judgment is not always the end. Enforcement depends on the forum:

Platform dispute: refund usually processed through platform/payment channel.
Administrative settlement/order: may require compliance; non-compliance may have additional administrative consequences and may support further legal action.
Court judgment (small claims/civil): if respondent does not pay voluntarily, you may proceed with execution (subject to rules), targeting identifiable assets/accounts where lawful and practical.

14) Key practical lessons (what usually works fastest)

Evidence first. Screenshots + transaction IDs + tracking logs decide outcomes.
Use the platform window. Missed deadlines often kill the easiest remedy.
Demand in writing. It clarifies your position and strengthens later filings.
Match the forum to your goal.
- Quick refund: platform/chargeback/DTI mediation.
- Enforceable money recovery: small claims.
- Fraud accountability: criminal complaint with clear deceit evidence.
Name and address accuracy matters. A respondent you can’t identify or serve is difficult to compel.

15) Caution on proof and statements

Non-delivery can be civil breach or criminal fraud depending on intent and deception. Allegations of scam/fraud should be made only when supported by objective indicators (false identities, fabricated delivery proof, repeated scheme behavior), and your complaint should stick to verifiable facts and attached exhibits.