Filing a Scam Complaint in the Philippines
(A practical guide for consumers, investors, and professionals)
Scope & purpose – This article consolidates the major Philippine laws, procedures, agencies, deadlines, and strategic considerations that apply when a private individual or entity wishes to take action against a scammer. It is written for laypersons but is also useful as a quick reference for lawyers and compliance officers. It does not create an attorney-client relationship; for case-specific advice, consult a qualified lawyer.
1 | What counts as a “scam”?
A scam is any scheme designed to obtain money, property, data, or services through fraud, misrepresentation, or abuse of confidence. In Philippine law it usually falls under one of four broad categories:
| Category | Typical examples | Core criminal provision |
|---|---|---|
| Estafa / swindling | Ponzi or “double your money” pitches, advanced-fee schemes, fake online sellers | Art. 315, Revised Penal Code (RPC) |
| Cyber-enabled fraud | Phishing, fake shopping sites, “love scams,” SIM-swap attacks | Art. 315 RPC in relation to R.A. 10175 (Cybercrime Prevention Act), which adds one degree to the penalty |
| Unregistered securities / investment solicitations | Forex, crypto, or “token” offerings with no SEC license, multi-level marketing with payout from recruitment fees | Secs. 8 & 26, R.A. 8799 (Securities Regulation Code); R.A. 11765 (Financial Products and Services Consumer Protection Act) |
| Special-law consumer scams | Credit-card skimming, ATM card cloning | R.A. 8484 (Access Devices Regulation Act); B.S.P. Circular 1098-2020 |
Civil liability (damages, restitution) and administrative sanctions (license revocation, fines) run in parallel to the criminal case.
2 | Key agencies & where to file
| Agency / office | When to go there |
|---|---|
| Barangay Katarungang Pambarangay | First stop for purely civil money claims ≤ ₱400 k if parties reside in the same city/municipality and none of the exemptions apply (e.g., urgent relief, government party, corporation as party). |
| Philippine National Police – Anti-Cybercrime Group (PNP-ACG) | Online or tech-assisted scams; accepts walk-in complaints & e-reports. |
| National Bureau of Investigation – Cybercrime Division (NBI-CCD) | Complex or syndicated fraud; can apply for search warrants & digital forensic preservation. |
| Office of the City/Provincial Prosecutor (DOJ) | Always the venue for filing the criminal complaint-affidavit after initial police blotter or direct filing. |
| DTI – Fair Trade Enforcement Bureau (FTEB) | Fake sellers, deceptive product or service claims, price-tag violations. |
| Securities and Exchange Commission – Enforcement and Investor Protection Department (SEC-EIPD) | Unauthorized investment offerings, Ponzi or pyramid promotions. |
| Bangko Sentral ng Pilipinas – Consumer Assistance Mechanism | Bank, e-wallet, remittance or credit-card-related fraud; enforces R.A. 11765. |
| Insurance Commission, NTC, DOH-FDA, etc. | Sector-specific scams (fake insurance, SMS spam, counterfeit medicines). |
Tip: File with all relevant venues simultaneously to preserve rights and speed up relief.
3 | Criminal case workflow (step-by-step)
Secure evidence immediately
- Screenshots, emails, chat logs (include full URL headers & timestamps).
- Receipts, deposit slips, QR-code confirmation, video calls.
- Statements of witnesses: get them to sign sworn statements early.
- For digital files, keep originals; clone to a write-protected drive using NBI-accepted forensic tools if possible.
- Preserve the chain of custody (label, date, sign).
Document the incident
- Police blotter (optional but persuasive).
- Draft a Complaint-Affidavit: narrate facts chronologically, cite the violated provisions, pray for issuance of a subpoena and eventual filing of information. Attach evidence as annexes (A, B, C…).
File with the Office of the Prosecutor
- Bring 3–4 printed & notarized sets; pay filing fee (~₱ 500–1 000 depending on location).
- Prosecutor will docket the case and issue subpoenas requiring respondent to submit a Counter-Affidavit.
Preliminary investigation
- Within 10 days of last filing, parties may request clarificatory hearing.
- Prosecutor resolves probable cause within 90 days (shorter for cybercrime cases under DOJ Circular #24-2020).
- Possible outcomes: (a) Information filed in court; (b) referral to proper agency; (c) dismissal.
Arraignment & trial
- Cybercrime: exclusive jurisdiction of designated Regional Trial Courts (RTC) regardless of penalty (A.M. No. 17-11-03-SC).
- Classic estafa ≤ ₱1.2 M (penalty ≤ 6 years 1 day): Metropolitan/Municipal Trial Court.
- Plea-bargains, restitution, and civil compromise possible at any stage.
Execution & restitution
- Upon conviction, court issues writs of execution/garnishment.
- Victims can seek separate civil judgment for actual, moral, exemplary damages and attorney’s fees (Art. 33, Civil Code; Rule 111, ROC).
- In cyber-enabled estafa, the penalty is raised one degree, so civil indemnity is accordingly higher.
4 | Administrative & consumer-protection tracks
| Track | Prescription | Possible relief |
|---|---|---|
| DTI consumer complaint | 2 years from cause or discovery (Sec. 10, Consumer Act; DTI AO 2-2006) | Refund, replacement, fine up to ₱ 300 k per count, closure of business |
| SEC investor complaint | 5 years (Art. 1391 Civil Code) | Cease-and-desist order (CDO), asset freeze via AMLC, admin fines up to ₱ 5 M plus ₱ 100 k/day |
| BSP/IC/NTC | Varies (1–7 years) | Direction to reverse unauthorized transaction, service suspension, penalties |
Administrative findings can bolster probable cause in the criminal case but are independent; double jeopardy does not bar both.
5 | Civil remedies
Small Claims (Rule SC, A.M. 08-8-7-SC, 2020 rev.)
- Monetary claims ≤ ₱ 400 000; no lawyers allowed except as party.
- Summons and decision ideally within 30 days; enforceable via sheriff.
Regular civil action
- Over ₱ 400 k or seeks provisional relief (freeze, attachment).
- Barangay conciliation prerequisite when parties reside in same LGU (P.D. 1508, L.B.P. 76).
Representative or class suit (Rule 3 § 12) for large-scale scams with numerous victims.
Strategy note: Filing civil action tolls the prescriptive period and can secure early asset preservation even if the criminal route is slow.
6 | Evidence rules & best practices
Electronic evidence – governed by R.A. 8792 (E-Commerce Act) and the Rules on Electronic Evidence:
- Provide printout and soft copy.
- Authenticate through (a) testimony of the person who printed/generated it, or (b) expert witness who performed forensic imaging.
- Metadata (hash value, SHA-256) is highly persuasive.
SIM Registration Act (R.A. 11934, 2022) – Telcos must supply subscriber data upon subpoena, making it easier to identify SMS/text scammers.
Data Privacy precautions – Obliterate your own sensitive information before sharing documents publicly; but keep an un-redacted copy for court.
7 | Deadlines (prescriptive periods)
| Offense | Limitation period | When clock stops |
|---|---|---|
| Estafa < ₱2.4 M (prisión correccional) | 10 yrs (Art. 90 RPC) | Filing of complaint-affidavit |
| Estafa ≥ ₱2.4 M (prisión mayor) | 15 yrs | — ″ — |
| Cyber-estafa (penalty ↑1 degree) | 20 yrs (Art. 90 & Sec. None Cybercrime Act) | |
| Securities fraud | 5 yrs (R.A. 8799) | Filing before SEC/DOJ |
| Consumer Act violations | 2 yrs | Filing before DTI |
A demand letter does not interrupt criminal prescription, but it is good practice to send one to create a paper trail for civil claims.
8 | Cost considerations
| Item | Typical cost (₱) |
|---|---|
| Notarization (per affidavit) | 150–500 |
| Prosecutor filing fee | 500–1 000 |
| Certified true copies (per page) | 100 (RTC), 50 (MTC) |
| Sheriff’s fee for service | 1 000–2 500 |
| Lawyer’s acceptance fee (Metro Manila, simple estafa) | 30 k–100 k |
| Bond for attachment (civil) | 15–20 % of claim |
Victors may recover costs, attorney’s fees, and 6 % legal interest from finality of judgment.
9 | Free or low-cost legal help
- Public Attorney’s Office (PAO) – criminal assistance for indigent complainants.
- Integrated Bar of the Philippines Legal Aid – each chapter maintains duty counsel.
- Law school clinics (UP, Ateneo, San Beda, UST, etc.).
- National Center for Legal Aid – IBP – telephone & online intake.
- National Privacy Commission, DICT-CERT.ph – technical advice on data-security incidents.
10 | Cross-border & large-scale scams
- Mutual Legal Assistance in Criminal Matters Act (R.A. 10071) – DOJ-OICLAD handles rogatory requests and extradition packages.
- Budol-budol / Love-scam syndicates – often involve money-mules. Freeze orders via AMLC are critical; file a “Request for Investigation” under AMLC Regs Part 4.
- Overseas Filipino workers (OFWs) – may complain through the Philippine Overseas Labor Office or nearest Philippine embassy; documents are routed to DFA-OUMWA, then DOJ.
11 | Short template: Complaint-Affidavit (core elements)
- Affiant’s personal details & competence to testify
- Statement of facts in numbered paragraphs, with dates & amounts.
- Specific acts constituting the offense and citations (e.g., “respondent’s acts constitute estafa under Art. 315 ¶ 2(a) of the RPC, as modified by Sec. 6 of R.A. 10175”).
- List of annexes (A – proof of payment, B – chat screenshots, C – SEC advisory, etc.).
- Prayer – subpoena ad testificandum and duces tecum; eventual filing of information; issuance of hold-departure order (HDO) and asset preservation.
- Verification & certification against forum shopping (for civil complaints).
12 | Practical tips & common pitfalls
- Act fast – banks can reverse e-wallet or credit-card transfers within 24 hours if promptly notified.
- Never delete chats; export and store on cloud & external drive.
- Beware of “case fixers.” Filing is inexpensive; anyone asking for a large “facilitation fee” is likely another scammer.
- Follow up politely and regularly – prosecutors handle hundreds of cases; a brief progress-request letter every 60 days is acceptable.
- Consider settlement – if full restitution plus interest is tendered early, many prosecutors recommend dismissal with consent of the offended party (Art. 7, RPC).
- Stay safe – doxxing or harassment by the respondent is itself actionable (R.A. 10175, cyber-libel or unjust vexation).
13 | Summary checklist
- Gather and preserve all evidence (digital & physical).
- Prepare and notarize Complaint-Affidavit + annexes.
- File with police/NBI and Prosecutor’s Office; get stamp-received copies.
- Pursue parallel DTI/SEC/BSP complaint if applicable.
- For amounts ≤ ₱ 400 k, consider Small Claims for fast civil recovery.
- Monitor preliminary investigation; attend clarificatory hearings.
- Seek asset freeze & restitution as early as possible.
- Use free legal aid if resources are limited.
Final word
Scams thrive on speed, anonymity, and victim inaction. Philippine law gives victims multiple channels—criminal, civil, and administrative—to strike back. The keys are prompt evidence preservation, simultaneous multi-agency filing, and steady follow-up. Armed with the information above, you can move decisively and maximize your chances of recovering losses and seeing the perpetrator held accountable.