Filing a Fraud Complaint in the Philippines – A Practical, Step-by-Step Legal Guide (2025 Update)
This article is for general information only and is not a substitute for independent legal advice. Fraud is a complex criminal offense and every case turns on its own facts; consult a Philippine lawyer for guidance tailored to your situation.
1. What “Fraud” Means Under Philippine Law
| Statute | Key Provision | Typical Acts Covered |
|---|---|---|
| Revised Penal Code (RPC), Art. 315 – Estafa | Intentional deceit + damage through abuse of confidence or false pretenses | Ponzi schemes, bouncing checks, double-sale of property, misappropriation of entrusted funds |
| RPC, Art. 318 – Other Forms of Deceit | Swindling that does not fit Art. 315 (e.g., fortune-telling for profit) | “Budol-budol,” petty scams |
| RPC, Art. 319 | Removal or concealment of mortgaged property | Selling a mortgaged vehicle without consent |
| Special laws | - RA 8799 (Securities Regulation Act) – investment fraud - RA 10175 (Cybercrime Law) – online estafa - RA 8484 (Access Devices Law) – credit-card fraud - RA 10927 / AMLA – money-laundering |
Boiler-room sales, phishing, skimming, fake crypto ICOs |
Civil vs. Criminal. Fraud may also support a civil action for damages (Art. 19-21 & Art. 1170, Civil Code). Because the same act can be both a crime and a civil wrong, you may pursue:
- (a) Criminal complaint – punishes the offender;
- (b) Independent civil action – recovers your money; or
- (c) File the civil claim within the criminal case (Art. 100, RPC).
2. Elements You Must Establish (Criminal Estafa)
- Deceit or Abuse of Confidence – false pretenses, fraudulent means, or violation of trust;
- Damage or Prejudice – monetary loss or disturbance of property rights;
- Causal Connection – deceit caused the loss;
- Demand (not always essential but strongly supportive) – a written demand letter or text/e-mail asking the offender to return the money or property.
3. Where to File
| Route | Primary Office | When to Choose |
|---|---|---|
| Law-enforcement intake | Philippine National Police–Anti-Cybercrime Group (PNP-ACG), National Bureau of Investigation (NBI), local police station | Urgent action (e.g., freeze bank accounts, trace IP addresses) or offender is unknown |
| Direct to Prosecution | Office of the City/Provincial Prosecutor (OCP/OPP) that has venue – usually where any element of the crime occurred or where the fraudulent document/email was received | Evidence is ready, identity of respondent is known, you want to skip police mediation |
| Sectoral regulators | SEC Enforcement and Investor Protection Dept.; Bangko Sentral; Insurance Commission; Department of Trade and Industry (DTI) | Investment scams, banking fraud, pyramid sales, consumer deception |
4. Barangay Conciliation – Do You Need It?
Under the Katarungang Pambarangay Law (RA 7160, ch. VII), parties residing in the same city or municipality must first undergo barangay mediation if the offense is punishable by ≤ 1 year or ≤ ₱5,000 fine. Estafa usually exceeds those limits, so most fraud complaints are exempt. When in doubt, request a Certification to File Action from the barangay to avoid dismissal on jurisdictional grounds.
5. Preparing the Complaint-Affidavit
Narration of Facts – chronological, numbered paragraphs.
Legal Allegations – cite Art. 315 RPC or relevant special law.
Evidence Annexes (mark them “Annex A,” “B,” etc.):
- Receipts, contracts, Viber/WhatsApp chats, emails, screenshots;
- Sworn statements of witnesses;
- Bank statements, mobile-money logs;
- Demand letter and proof of service (registered mail, courier, email header).
Verification & Oath – swear before a public prosecutor or notary.
Multiple complainants? Attach a Joint Verification page.
Digital evidence – burn onto a CD/USB and execute a Certificate of Authenticity under the Rules on Electronic Evidence.
Tip: Always keep at least 3 stamped copies – one for the prosecutor, one for your lawyer, one for yourself.
6. Filing Fees and Costs
- Criminal complaints with the prosecutor – no filing fees.
- Civil action – docket fees based on the amount claimed (Rule 141, Rules of Court).
- NBI / PNP – certification fees (≈ ₱200–₱500) for formal case numbers.
- Notarial fees – ₱200–₱500 per document page in Metro Manila; lower in provinces.
7. The Prosecutor’s Preliminary Investigation Flow
- Docketing – receive NPS docket number; subpoena issued.
- Counter-Affidavit – respondent gets 10 calendar days (extendible once).
- Reply / Rejoinder – discretionary; usually 5 days each.
- Resolution – prosecutor determines probable cause within ± 60 days.
- Review – aggrieved party may file a Motion for Reconsideration, or elevate to the DOJ.
- Information Filing – if probable cause exists, the Information is filed in the appropriate RTC/MeTC.
- Arrest Warrant / Summons – court-issued.
8. Court Proceedings in Brief
| Stage | What Happens |
|---|---|
| Arraignment & Pre-trial | Plea is entered; discussion of plea-bargain or restitution; marking of exhibits |
| Trial Proper | Prosecution evidence first; demurrer to evidence possible; defense presents evidence |
| Judgment | Conviction (restitution + prison term + fine) or acquittal |
| Appeals | RTC decisions: to CA; CA: to SC (Rule 65/45); conviction may be appealed by accused only |
Penalties. Estafa penalties depend on the value defrauded (Art. 315 as amended by RA 10951). For example, if damage exceeds ₱2,000,000, imposable penalty is reclusion temporal (12 yrs + 1 day to 20 yrs). The civil liability (actual loss + interest + moral and occasionally exemplary damages) is enforceable even after criminal conviction.
9. Prescription (Statute of Limitations)
| Fraud Modality | Period | When Clock Starts |
|---|---|---|
| Estafa < ₱40,000 | 10 years | From discovery of fraud (critical) |
| Estafa ≥ ₱40,000 but ≤ ₱1.2 M | 15 years | Same |
| Estafa > ₱1.2 M | 20 years | Same |
| Cyber-estafa | Same base penalty + 1 level → follow higher prescription |
Prescription is interrupted when the complaint-affidavit is filed with the prosecutor, not when the demand letter is sent.
10. Special Situations & Practical Tips
| Scenario | Practical Pointer |
|---|---|
| Online Seller Vanished | Immediately request take-down via PNP-ACG e-Complaint portal; preserve chat logs and receipts with timestamps. |
| Fake Investment (Ponzi) | File with SEC’s Enforcement and Investor Protection Dept. simultaneously; they may freeze assets and issue CDOs. |
| Multiple Victims | Organize into an association; file a joint complaint to streamline evidence and avoid inconsistent statements. |
| Foreign Accused | Immigration Lookout Bulletin Order (ILBO) via DOJ; coordinate with BI and DFA for red notice if flight risk. |
| Settlement/Retribution | Restitution does not automatically extinguish criminal liability but is a mitigating circumstance that may lower the penalty or justify provisional dismissal. |
| Asset Tracing & Freeze | Attach AMLC letter-request and proof that funds entered the banking system; AMLC can issue a 20-day freeze ex-parte under RA 10365. |
| Protection of Complainant | If threats occur, invoke Witness Protection, Security and Benefit Act (RA 6981) or request a PNP security detail. |
11. Checklist Before You Leave the Prosecutor’s Office
- Received stamped copy of your complaint-affidavit
- Obtained case docket number
- Left contact details (mobile/email) for subpoenas and notices
- Asked for tentative schedule of hearings
- Secured referral for medical/legal examination if physical injury involved
12. Frequently Asked Questions
| Q | A |
|---|---|
| Do I need a lawyer? | Not required for filing, but highly recommended once the respondent files a counter-affidavit or if the case reaches court. |
| Can I file in my hometown even if the scam happened online? | Yes, venue lies where any element occurred, including the place where you received the deceitful message or where the funds were deposited/withdrawn. |
| What if the respondent is a corporation? | Sue the officers who acted with deceit. Corporations cannot have criminal intent under the RPC (except where special laws allow). |
| Is mediation possible? | At any stage before judgment, the prosecutor or judge may facilitate settlement; if full restitution is made, some prosecutors dismiss estafa for lack of interest, but this is discretionary. |
| Can I recover investigative costs? | Yes. Claim litigation expenses and attorney’s fees in the civil aspect of the criminal action. |
13. Key Take-Aways
- Document everything early. Fraud cases rise or fall on paper (or screenshots).
- Act quickly. Prescription, asset-dissipation, and digital-footprint decay are real threats.
- Venue and evidence formatting matter. Electronic evidence rules and barangay conciliation exceptions can make or break jurisdiction.
- Civil recovery is separate. Even if the accused is acquitted on reasonable doubt, you can still win damages on a preponderance of evidence.
- Professional help pays for itself. A seasoned litigator can craft affidavits that survive demurrers and anticipate defenses like novation or payment.
By mastering the procedural roadmap above—from pinpointing the correct legal basis, to assembling a bullet-proof complaint-affidavit, to navigating prosecution and trial—you dramatically increase the odds of holding fraudsters accountable and getting your money back.