With the rapid expansion of e-commerce in the Philippines, there has been a corresponding rise in fraudulent activities, specifically involving "brushing" (sending unordered low-value items), "empty box" scams, and the delivery of counterfeit or misrepresented goods. Victimization in these schemes is not merely a civil dispute between buyer and seller; it often constitutes a violation of specific Philippine penal and consumer laws.

I. Legal Framework and Governing Laws

Several laws protect Filipino consumers from online delivery scams. Understanding these is the first step in identifying the specific violation:

Republic Act No. 7394 (The Consumer Act of the Philippines): This is the primary law protecting consumers against deceptive, unfair, and unconscionable sales acts and practices. It covers misrepresentation of product quality, weight, or origin.
Republic Act No. 10175 (Cybercrime Prevention Act of 2012): Specifically, Section 4(c)(2) on Computer-related Fraud. If the scam involves the unauthorized input, alteration, or deletion of computer data to cause damage with fraudulent intent, it falls under this act, which carries significantly higher penalties than ordinary estafa.
The Revised Penal Code (Article 315 - Estafa): Traditional fraud or deceit that causes financial prejudice to the victim.
Republic Act No. 8293 (Intellectual Property Code of the Philippines): Relevant if the "fake package" involves counterfeit branded goods.

II. Common Scams Defined

The "Brushing" or Random Package Scam: You receive a package you never ordered, often containing cheap items (e.g., a face mask, a plastic whistle). This is used by sellers to create "verified" fake reviews to boost their shop's rating.
The COD (Cash-on-Delivery) Scam: A courier arrives with a package for you or a family member. Because it is COD, you pay the rider. Upon opening, the item is either trash, a stone, or a vastly inferior product.
The Item Substitution Scam: You order a high-value item (e.g., a smartphone), but the box contains a bar of soap or a heavy piece of wood to mimic the expected weight.

III. Step-by-Step Procedure for Filing a Complaint

1. Immediate Evidence Collection

The success of a legal or administrative complaint depends entirely on documentation.

Do not throw away the packaging: The waybill (shipping label) contains the tracking number, seller’s name/alias, return address, and the courier used.
Documentation: Take clear photos and videos of the package before and during unboxing.
Digital Trail: Save screenshots of the product listing, your chat history with the seller, and the proof of payment/transaction receipt.

2. Administrative Complaint: DTI and Platforms

Before escalating to criminal litigation, administrative remedies are often faster for recovering money.

Report to the Platform: Use the "Return/Refund" button on apps like Shopee, Lazada, or TikTok Shop immediately. Do not click "Order Received" if the item is suspicious.
Department of Trade and Industry (DTI): If the platform or seller refuses to refund, file a formal complaint with the DTI Fair Trade Enforcement Bureau (FTEB). You can email eco@dti.gov.ph or use their online "No-Wait" portal. Under the Consumer Act, the DTI can mediate and order restitution.

3. Criminal Complaint: PNP-ACG or NBI-CCD

If the fraud involves a significant amount of money or is part of a large-scale syndicate, you should report it to law enforcement:

PNP Anti-Cybercrime Group (PNP-ACG): Visit their main office at Camp Crame or their regional units. They handle violations of the Cybercrime Prevention Act.
NBI Cybercrime Division (NBI-CCD): You can file a complaint personally or through their website. They are equipped to trace digital footprints of fraudulent sellers.

IV. Determining the Proper Forum

Type of Issue	Recommended Action
Request for Refund/Return	Platform Customer Service + DTI Mediation
Deceptive Sales Acts	DTI (Administrative Fine & Restitution)
Large-scale Fraud / Identity Theft	PNP Anti-Cybercrime Group / NBI
Counterfeit Goods	Intellectual Property Office (IPOPHL)

V. Key Legal Reminders for Consumers

Caveat Emptor (Buyer Beware) vs. Consumer Rights: While buyers are encouraged to be vigilant, the law shifts the burden to the seller to ensure that the "object of the sale" matches the description. The Role of Couriers: Under current Philippine jurisprudence and DTI guidelines, couriers are generally considered "forwarders." However, if a courier is found to be in connivance with a scammer (e.g., a rider consistently delivering fake COD packages from the same source), they may be held liable as an accessory.

VI. Preventive Measures

Check Seller Rating: Avoid shops with "low ratings" or those that have only been active for a few days but have thousands of "sold" items (likely a result of brushing).
Verify COD Orders: Before paying a rider, check your app's "To Receive" tab. If the tracking number on the package doesn't match any of your active orders, refuse the delivery.
Unboxing Video: In the Philippines, an "unboxing video" is increasingly recognized by platforms and the DTI as a vital piece of evidence for "item not as described" claims.