Filing Charges Against Scammers in the Philippines

A 2025 one-stop legal guide for private complainants, counsel, and investigators

1. Why this matters

Online selling fraud, “budol” investment schemes, phishing, fake loan apps, and text-blast swindles now account for the single largest category of consumer complaints received by Philippine regulators. In 2024 alone, the National Bureau of Investigation (NBI) Cybercrime Division saw a 62 % surge in estafa-related referrals, while the Bangko Sentral ng Pilipinas (BSP) reported ₱2.7 billion in prevented losses after the Anti-Financial Account Scamming Act (AFASA) took effect. Filing the right criminal charge—and timing it correctly—can spell the difference between recovery and permanent loss. (Respicio & Co., LexisNexis Risk Solutions)

2. Core criminal statutes

Statute	Typical “scam” conduct covered	Key penalty (2025)	Notes
Art. 315 RPC – Estafa (Swindling), as amended by RA 10951 (2017)	Deceit or abuse of confidence causing damage (e-commerce “no-delivery”, loan sharking, Ponzi, romance scams)	Value ≤ ₱40 k: prisión correccional; ₱40 k – ₱1.2 M: prisión mayor; ₱1.2 M – ₱2.4 M: prisión mayor (M–Max); ≥ ₱2.4 M: up to reclusión temporal	Prescription: 10 yrs (correctional) or 20 yrs (afflictive) (RESPICIO & CO., E-Library)
PD 1689 – Syndicated Estafa	Estafa committed by ≥ 5 persons or through banks/ quasi-banks	Life imprisonment; non-bailable	File directly with DOJ-NPS or NBI (Respicio & Co.)
RA 10175 – Cybercrime Prevention Act	Any RPC or special-law offense committed “through ICT” (fraud using FB, GCash, phishing sites)	Penalty 1 degree higher than the underlying crime; cyber warrants available	12-year prescriptive period (Lawphil, Lawphil)
RA 8484 – Access Devices Regulation Act	Credit-/debit-card skimming, SIM-swap, account takeover	6 yrs + 1 day – 20 yrs plus fine	Frequently paired with Estafa or AFASA (Respicio & Co.)
RA 12010 – Anti-Financial Account Scamming Act (2024)	“Money muling”, mule-account rental, phishing kit sale, synthetic accounts	6 yrs – Life imprisonment + forfeiture; higher for banks that fail to act	Applies retroactively to continuing scams (Lawphil)
RA 11934 – SIM Registration Act (2022)	Use of unregistered, falsely registered, or “pukpok” SIMs in scams	6 mos – 2 yrs + ≤ ₱300 k fine	NTC considering stricter face-to-face ID checks (2025 review) (Context.ph → Context.ph, Philstar)
BP 22 – Bouncing Checks Law	Worthless post-dated checks in “investment” or “load-to-cash” scams	≤ 1 yr or fine ≤ ₱200 k (per RA 10951 cap)	Can be filed with estafa but restitution may dismiss BP 22 charge (Respicio & Co.)

Other relevant laws: Data Privacy Act (10173) for leaked personal data, AMLA (9160) for freezing scam proceeds, Financial Consumer Protection Act (11765) for administrative redress with BSP/SEC/IC, E-Commerce Act (8792) for electronic evidence. (Lawphil, Respicio & Co.)

3. Choosing the correct charge

Plain estafa suits “one-man” online sellers who accept payment and disappear.
Syndicated estafa unlocks non-bailable life terms when five or more conspirators run a Ponzi or pig-butchering ring.
Cyber-estafa (Art. 315 + RA 10175 §6) should be pleaded whenever the deception travelled through any computer system—screenshots preserve venue and increase the penalty.
AFASA is now obligatory if the scam relied on mule accounts, phishing “scripts”, or stolen OTPs; the law expressly states that prosecution under this Act is without prejudice to estafa or 8484. (Lawphil)

4. Where—and how—to file

Forum	When to choose it	Key steps / timeline
City / Provincial Prosecutor (DOJ–NPS)	Suspect is known or evidence is complete; venue is anywhere an element occurred (place of payment, receipt of deceitful message, or place of loss)	Day 0: File sworn Complaint-Affidavit + annexed evidence → 15 days: respondent’s counter-affidavit → 10 days: rejoinder (optional) → 30 days: resolution & Information filing (RESPICIO & CO.)
NBI Cybercrime Division	Suspect unknown, cross-border, need digital forensics or domain takedown	Walk-in or e-mail ccd@nbi.gov.ph; bring devices for forensic imaging; no filing fee. (Respicio & Co.)
PNP Anti-Cybercrime Group (ACG)	Ongoing harassment, urgent SIM/blockchain tracing, hot-pursuit arrest	Hotline 0998-598-8116 / Facebook PNPACG; prepare screenshots & chain-of-custody form (Memorandum 16-2019). (RESPICIO & CO.)
SEC EIPD	Investment/pyramid schemes, unlicensed securities solicitation	File verified complaint; SEC may issue cease-and-desist and asset-freeze orders, then endorse criminal case for syndicated estafa. (Wikipedia)
BSP-CAM / SEC-FCPA	Bank/e-wallet refuses refund, crypto-exchange hack	Admin complaint under RA 11765; regulators may impose up to ₱2 M per breach + disgorgement before you even file estafa. (ACCRALAW)

Barangay conciliation is not required—all scam offenses carry penalties exceeding one year or fines over ₱5 000 (Punong Barangay’s authority limit).

5. Evidence playbook

Digital trail. Keep original chat logs (HTML/TXT export), e-mail headers, “view-source” copies of phishing sites, and full-resolution screenshots with device time visible.
Transaction proof. Bank statements, GCash confirmation, crypto-wallet hash, remittance slips.
Identity links. ID selfies sent by scammer, SIM registration screenshots, IP logs (request via subpoena duces tecum).
Chain-of-custody. Use PNP Form C-01 or NBI Forensic Receipt; electronic evidence is admissible under the Rules on Electronic Evidence. (RESPICIO & CO.)

Law-enforcement can apply for Cybercrime Warrants (search, seizure, preservation, disclosure, interception) under A.M. No. 17-11-03-SC. Data retention orders compel ISPs to preserve traffic for at least six months. (Lawphil)

6. From complaint to conviction

Filing & docketing. No filing fees for criminal complaints; bring at least two printed sets plus USB of digital annexes.
Pre-Investigation: Prosecutor issues subpoena; parties submit affidavits.
Probable-cause finding: Information is filed in the Regional Trial Court (cyber-cases go to RTC cybercourt).
Warrant / Arrest: Estafa > ₱12 k is bailable; Syndicated estafa and AFASA “serious fraud” are non-bailable.
Arraignment & Pre-trial: Court assists in restitution settlement—payment may mitigate but does not erase criminal liability.
Judgment: Court may order imprisonment plus restitution, interest, and moral/exemplary damages.
Asset recovery: Seek AMLA Asset Preservation Order or SEC-requested freeze while the case is pending to prevent dissipation.

7. Civil & administrative add-ons

Independent civil action for damages (Art. 33 CC) may be filed in the same court or separately; automatic when criminal Information is silent.
Small Claims (≤ ₱1 M, A.M. 08-8-7-SC 2022) suits refund faster than criminal trial.
BSP/SEC/NPC mediation—often yields e-wallet reimbursement without litigation. (Bangko Sentral ng Pilipinas)

8. Deadlines to remember

Offense	Prescriptive period
Estafa ≤ prisión mayor	10 years
Estafa ≥ reclusión temporal or Syndicated Estafa	20 years
Cyber-related offenses (RA 10175)	12 years
BP 22 checks	4 years
AFASA violations	10 years (Art. 90 analogy)

The clock is interrupted by the filing of a complaint with the prosecutor or by the offender’s departure from the Philippines.

9. Common defenses (and why they fail)

Claimed defense	Why courts reject it
“I intended to deliver but supplier failed.”	Prior deceit at the moment of payment is the gravamen of estafa.
“It was only a civil breach of contract.”	Once deceit is proven or money was appropriated for personal use, criminal liability attaches.
“Payment after arrest wipes out the crime.”	Restitution only mitigates penalty; PD 1689 and AFASA expressly punish even fully returned funds.
“Chat screenshots are hearsay.”	Authenticated digital copies + witness affidavit suffice under the Rules on Electronic Evidence.

10. 2024–2025 trendwatch

AFASA enforcement: Courts have begun issuing preliminary asset-freeze orders on e-wallets within 24 hours of filing, leveraging Section 13 of RA 12010. (Philippine Law Firm)
SIM Registration re-calibration: The NTC is studying mandatory in-person registration to curb “sari-sari-store” SIM mule farms. (Context.ph → Context.ph)
BSP Circular 1169: Banks must resolve consumer fraud complaints within 15 business days or face per-day fines. (Bangko Sentral ng Pilipinas)
SEC wins life-term convictions in Kapa and DV Boer syndicated estafa cases, showing that private complainant affidavits + asset tracing can secure verdicts even in multi-jurisdiction scams. (Wikipedia, Wikipedia)

11. Victim’s quick checklist

Freeze the money: Call bank/e-wallet fraud desk within 2 hrs; quote “AFASA Section 11 hold.”
Gather evidence: Take unedited screenshots with full URLs and timestamps.
Draft a Complaint-Affidavit: Narrate who, what, when, where, how, attach proof.
File with NBI or Prosecutor (bring government ID, USB, three copies).
Track the case: Ask for the I.S. number (investigation slip) and follow up after 30 days.
Consider civil recovery or BSP/SEC mediation for faster reimbursement.

Conclusion

The Philippines now fields a layered statutory arsenal—from 1930-era estafa provisions to the 2024 AFASA—to meet every permutation of modern scamming. Victims who document early, file in the right venue, and invoke the special cyber-fraud statutes have a realistic shot at seeing their con artists jailed and their funds returned. Conversely, scammers now face a legal environment where even a single mule account or fake SIM can turn a bailable estafa into life imprisonment. Understand the law, act fast, and use the agencies at your disposal.

(Last updated 1 June 2025)

Need help tailoring a complaint-affidavit or mapping out a multi-jurisdiction filing strategy? Feel free to follow up with specifics, and I can walk you through the drafting or evidentiary nuances step-by-step.