Filing a Criminal Complaint for Estafa (Investment/Lending Scam) in the Philippines

This guide is written for victims of investment or lending scams who want to file a criminal case for estafa. It’s practical, Philippines-specific, and tracks the flow from evidence gathering to trial—plus parallel remedies to help you freeze or recover assets. It’s information, not legal advice.

1) What is “estafa” in an investment or lending scam?

Core idea: Estafa punishes deceit (fraud) that induces you to part with money or property, causing damage.

Legal bases (high level):

Revised Penal Code (RPC), Art. 315 (Estafa), with penalties and amounts updated by RA 10951.
PD 1689 (Syndicated/large-scale estafa): harsher penalties when a syndicate solicits funds from the public (often fits Ponzi/pyramiding schemes).
Cybercrime Prevention Act (RA 10175): when computers, the internet, or electronic communications were used, estafa can be treated as a cybercrime (usually means higher penalties/jurisdictional effects).
Securities Regulation Code (RA 8799): separate (often additional) criminal violations if the scheme involves unregistered securities, unlicensed selling, or fraud in securities transactions.

Typical ways investment scams satisfy estafa:

False pretenses: fake company/permits, fabricated trading/banking “proof,” guaranteed high returns, “risk-free,” secret algorithm, etc.
Abuse of confidence: money entrusted for placement/“lending” is misappropriated or converted.
Issuance of checks to lull investors (this can be estafa under 315(2)(d) and/or BP 22 bouncing checks—often both are filed).

Key elements you must ultimately prove:

The offender defrauded you by deceit or abuse of confidence;
The deceit induced you to part with money/property;
You suffered damage (loss of funds, property, opportunity costs).

Note: Later “refunds,” “rollovers,” or partial repayments usually do not erase criminal liability if the deceit already caused your loss; they can mitigate penalties but don’t automatically dismiss the case.

2) Which crime(s) should you allege?

Many victims file a combination of the following, depending on facts:

Estafa (RPC 315) — the backbone charge for scams.
Syndicated/Large-scale estafa (PD 1689) — when five or more persons form a syndicate to defraud the public or when funds are solicited from the public at large. (This can make the offense non-bailable if the evidence of guilt is strong.)
Cybercrime (RA 10175) — estafa “through computer systems,” e.g., Facebook/Telegram pitches, websites, e-wallets.
Securities fraud / selling unregistered securities (RA 8799) — when “packages/shares/investment contracts” were sold without SEC registration or with fraudulent misrepresentations.
BP 22 — if bouncing checks were issued; often filed in addition to estafa.

Your complaint-affidavit can focus on estafa and reserve or add other offenses (e.g., SRC/PD 1689/Cybercrime/BP 22) based on the same facts. Prosecutors may also add or reframe charges.

3) Where do you file?

You have three practical tracks (you can use more than one):

Criminal complaint before the Office of the City/Provincial Prosecutor (Department of Justice).
- Venue: any place where an essential element occurred (e.g., where you were deceived, where the money was handed/transferred, where checks were issued/deposited, where online inducement was received).
Law enforcement intake for investigation + case build-up:
- NBI (e.g., Anti-Fraud, Cybercrime Division)
- PNP (e.g., Anti-Cybercrime Group / local station)
Regulators (parallel) — useful for cease & desist, asset tracing, and coordination:
- SEC (Enforcement and Investor Protection) for investment schemes.
- AMLC (anti-money laundering) for freezing suspicious accounts (often via law enforcement or your bank’s reports).

Filing with NBI/PNP can run in parallel with a prosecutor complaint to accelerate evidence gathering (subpoenas to banks/telcos, digital forensics).

4) What to prepare (evidence & drafting)

A. Evidence checklist

Identity of respondents: names, positions, links to the scheme (org charts, screenshots, business cards, registration printouts).
Proof of deceit/inducement: sales pitches, chat threads, emails, posts, recorded Zoom calls, brochures, whitepapers, “trading dashboards,” websites, endorsements.
Proof you parted with money: deposit slips, online transfer receipts, e-wallet confirmations, remittance forms, loan agreements, checks.
Where the money went: recipient accounts, cash-out points, exchanges, wallets, GCash/PayMaya/Coins IDs.
Loss calculation: principal, “rollovers,” partial returns, charges/fees; keep a ledger.
Corroboration: other victims’ affidavits (very persuasive in syndicate cases).
Corporate papers (if any): SEC/DTI records, permits, or lack thereof.
Electronic evidence authentication: capture full screens with timestamps/URLs, export chats, and keep original files/devices. The Rules on Electronic Evidence allow printouts, but integrity/chain-of-custody matters.

B. The Complaint-Affidavit

Keep it simple, chronological, and element-driven:

Your identity & capacity (investor/lender).
How you were approached and exact misrepresentations (who said what, when, where/how).
Your reliance (why you believed them).
Payments made (dates, amounts, channels, references).
What happened next (red flags, non-payment, refusals, new excuses).
Damage (total loss).
Crimes alleged (Estafa under Art. 315; add PD 1689/RA 10175/RA 8799/BP 22 if applicable).
Prayer (find probable cause; file Information; seek PHDO; issue subpoenas; order restitution).

Formality: Sign and swear it before a prosecutor or notary public (or the administering officer at the prosecutor’s office). Attach numbered annexes (A, B, C…).

5) Filing & preliminary investigation (Rule 112)

Lodge the complaint with the Prosecutor’s Office where venue is proper. (Criminal complaints generally don’t require filing fees.)
Docketing & raffle to an investigating prosecutor.
Subpoena to respondents with complaint & annexes; they usually get time to submit a counter-affidavit (and you may be allowed a reply).
Clarificatory hearing (discretionary).
Resolution: If there’s probable cause, the prosecutor files the Information in the proper trial court:
- MTC/MeTC if the maximum imposable penalty is ≤ 6 years;
- RTC if > 6 years (most investment scams end up in RTC; PD 1689/cybercrime certainly do).
Judicial determination of probable cause: The judge reviews the record and may issue a warrant of arrest (or a summons for lower penalties).

Inquest vs regular PI: If an offender is arrested without warrant (hot pursuit/entrapment), the case may proceed via inquest; otherwise, it’s the regular preliminary investigation flow above.

6) After filing in court

Arrest/Bail: For bailable offenses, the court fixes bail; for non-bailable (e.g., PD 1689) the accused may seek bail hearing, granted only if the evidence of guilt isn’t strong.
Arraignment & Pre-trial: You can pursue civil liability within the criminal case (default rule) unless you waive or reserve it.
Trial: Prosecution presents witnesses and documents (including electronic evidence compliance: authenticity, integrity, relevance).
Judgment: Conviction may include restitution (return of money), damages (actual, moral, exemplary), and interest, besides imprisonment/fines.

7) Penalties & prescription (time limits)

Penalty depends on the amount defrauded under Art. 315 as amended by RA 10951—it scales up as the amount increases. Courts compute the proper range and incremental penalties based on those brackets.
Syndicated/large-scale estafa (PD 1689) carries much heavier penalties than ordinary estafa.
Cybercrime modality can increase penalties or affect venue.
Prescription (filing deadline): Estafa generally prescribes in 15 years, but because penalties vary with the amount, some instances may prescribe earlier. Don’t delay—file as soon as you can and consult counsel on your specific timelines.

8) Powerful provisional/protective remedies

To protect assets or prevent flight while the case is still at the prosecutor stage or before conviction:

PHDO (Precautionary Hold Departure Order): Prosecutors can move for a PHDO from the court during preliminary investigation upon a finding of probable cause and risk of flight (under the Rule on PHDO). This alerts the Bureau of Immigration to stop the respondent from leaving.
Account tracing & freezing:
- Bank/e-wallet subpoenas via law enforcement or the court.
- AMLC freeze/monitoring (typically initiated through NBI/PNP referrals or covered institutions).
Cease & Desist / Asset-preservation: SEC may issue C&Ds against illegal investment solicitations; coordinate your complaint to help regulators act.
Civil provisional remedies: You may file a separate civil action for damages with preliminary attachment or injunction (Rule 57/58) to secure assets—especially when criminal filing will take time. Coordinate with counsel to avoid procedural pitfalls on splitting/waiving the civil action.

9) Strategy tips that matter in scam cases

Name the right people. Liability can extend to officers, recruiters, and masterminds who participated or conspired in the deceit—not just the corporate shell.
Corroborate with other victims. Collective affidavits show scheme and pattern (key for PD 1689/SRC).
Lock down the digital trail early. Preserve raw files, export chats, keep devices, and request telco/bank certifications. Avoid editing screenshots.
Don’t confuse civil breach with estafa. If there was clear deceit at the start (fake ROI, fake licenses), that’s criminal. Pure inability to pay without deceit may be civil. Draft your affidavit to show deceit preceding or coincident with payment.
BP 22 + Estafa. If you received bouncing checks, file both if the facts support them; they punish different wrongs.
Barangay conciliation? Many estafa cases are exempt (penalty > 1 year or parties live in different cities/municipalities). Don’t get stalled there if not required.

10) Sample Complaint-Affidavit (skeleton)

Copy this into a document and customize. Keep annexes labeled and referenced.

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

                           COMPLAINT-AFFIDAVIT

I, [Full Name], Filipino, of legal age, residing at [Address], after being duly sworn, state:

1. I am filing this complaint for **Estafa under Article 315 of the Revised Penal Code**
   [and, as applicable: **Syndicated Estafa (PD 1689)**; **Cybercrime (RA 10175)**; 
   **Violations of the Securities Regulation Code**; **BP 22**] against:
   a) [Name, position/role, address/contact]
   b) [Name, position/role, address/contact]
   (collectively, “Respondents”).

2. On [dates], Respondents, acting individually and in concert, **made the following
   false representations** to induce me to invest/lend:
   - [specific statements: guaranteed ROI, SEC registration claims, trading algorithm, etc.],
     made via [Facebook/Telegram/Email/Zoom/In person] at [place], on [date/time].
   (See Annexes A–D: screenshots, recordings, brochures.)

3. Relying on these representations, I **paid/transferred** the following amounts:
   - [Date] – [Amount] via [Bank/E-wallet/Check no.] to [Account Name/No.] (Annex E)
   - [Date] – [Amount] … (Annex F)

4. Thereafter, Respondents failed/refused to return my money and/or fabricated excuses,
   issued **bouncing checks** / blocked communications / demanded more money, etc. (Annex G).

5. I **suffered damage** totaling **₱[amount]** (principal) plus incidental losses.
   (Annex H: ledger/summary)

6. The foregoing facts show that Respondents, by **deceit** and/or **abuse of confidence**,
   induced me to part with my money, thereby committing **Estafa**. Considering the
   scale and public solicitation / number of conspirators, **PD 1689** applies. The use
   of [website/chats/e-wallets] also constitutes **computer-related estafa (RA 10175)**.
   Their sale of “investment contracts” without SEC registration further violates the
   **Securities Regulation Code**.

**PRAYER**

WHEREFORE, I respectfully pray that this Honorable Office:
(a) find **probable cause** for Estafa [and the related offenses], and file the corresponding
    **Information(s)** in court;
(b) move for a **Precautionary Hold Departure Order** to prevent flight;
(c) issue subpoenas to [banks/e-wallets/telcos] to trace and preserve funds; and
(d) award **restitution and damages**.

I am executing this affidavit to attest to the truth of the foregoing and to support the filing
of criminal charges.

[Signature over Printed Name]
Complainant

SUBSCRIBED AND SWORN to before me this ___ day of ______ 20__, at __________.
[Name/Title of Administering Officer]

11) Practical timeline & expectations

Case build-up can take time. Front-load your evidence; the clearer the deceit and money trail, the faster probable cause is found.
Parallel tracks win: While the prosecutor’s case proceeds, keep coordinating with NBI/PNP/SEC/AMLC for freezes, C&Ds, and tracing.
Restitution usually follows judgment; early recovery is possible if you secure freezes/attachments or negotiate structured payouts without compromising the criminal case (do not sign releases that waive criminal liability unless that’s your deliberate choice).

12) Quick FAQ

Q: Do I need a lawyer to file? You can file pro se, but counsel greatly improves drafting, venue, charge-stacking (RPC, PD 1689, SRC, Cybercrime, BP 22), and securing PHDO/freeze actions.

Q: What if the respondent repays after filing? Repayment may mitigate but usually does not extinguish criminal liability for consummated estafa.

Q: Can we file as a group? Yes, separate affidavits; prosecutors may consolidate; multiple victims strengthen PD 1689 and SRC angles.

Q: Is barangay conciliation required? Generally no for serious estafa (penalty > 1 year or parties in different LGUs), but verify with counsel.

13) One-page action plan

List facts & actors → draft a clean timeline.
Assemble evidence → payments, chats, posts, IDs, victim affidavits.
Pick venue → where deceit/payment occurred (or cyber venue).
File complaint-affidavit → Prosecutor (and coordinate with NBI/PNP).
Push for PHDO & tracing → banks/e-wallets/telcos; loop in SEC/AMLC.
Prepare for counter-affidavits → keep replies factual, document-driven.
Pursue civil liability within the criminal case (or file a separate civil suit for attachment/injunction if needed).

If you want, I can tailor the template to your exact facts (dates, amounts, messages) and generate a clean, print-ready complaint with annex labels.