Filing a Complaint for an Online Scam via Bank Transfer in the Philippines (Complete Guide)

Last updated: 2025. This is general information, not legal advice. For specific cases, consult a Philippine lawyer.

Quick answer (what to do now)

Call your bank/e-wallet immediately. Ask for an urgent recall/hold on the transfer and to flag the recipient account as potentially fraudulent. Get a case/reference number.
Secure evidence. Save receipts, screenshots, chat/email threads, ads, phone numbers, usernames, transaction IDs, account names/numbers, and your own statement of events (dates/times).
Police/NBI report. File a blotter and go to PNP Anti-Cybercrime Group (ACG) or NBI Cybercrime Division for assistance and digital forensics.
Prepare and file a complaint-affidavit for estafa (swindling) and related cyber offenses with the Office of the City/Provincial Prosecutor.
Escalate consumer issues with your bank/e-money issuer and, if needed, to the Bangko Sentral ng Pilipinas (BSP) under the Financial Products and Services Consumer Protection Act (RA 11765).

1) What legally counts as an “online scam via bank transfer”

Common patterns:

Purchase fraud (fake marketplace listings, seller disappears after payment)
Investment/loan scams (promises of high returns; “pay processing fee” first)
Authorized push payment (APP) fraud (you’re tricked into willingly sending money)
Account takeover (phished credentials/OTP; the scammer moves funds)
“Money mules” (recipient accounts used to launder proceeds)

Even if you pressed “Send” yourself, it can still be a crime if there was deceit (estafa) or computer-related fraud. If your device/account was compromised, additional cybercrimes may apply.

2) Governing laws (Philippine context)

Revised Penal Code (RPC) – Estafa (Art. 315). Deceit that causes you to part with money/property. Penalties scale with the amount defrauded (updated by RA 10951).
Cybercrime Prevention Act (RA 10175).
- Sec. 6: If an RPC offense (e.g., estafa) is committed through ICT (online), the penalty is one degree higher.
- Sec. 4(b): Computer-related offenses (e.g., computer-related fraud, identity theft) may apply for hacks/OTP phishing, data interference, or credential misuse.
Financial Products and Services Consumer Protection Act (RA 11765). Regulates banks/e-money issuers; provides redress, restitution, and regulatory enforcement by financial regulators (e.g., BSP).
Anti-Money Laundering Act (RA 9160, as amended). Enables freezing/forfeiture of suspicious proceeds via AMLC (through court orders).
Data Privacy Act (RA 10173). Governs personal data; justifies banks’ caution in disclosing account information (law enforcement/court order often required).
Access Devices Regulation Act (RA 8484) and SIM Registration Act (RA 11934) may also be relevant (credential misuse; traceability of numbers).

3) Who can you report to (and why)

Your bank/e-wallet (first line): Request a recall/hold and inter-bank coordination. Real-time transfers (e.g., InstaPay) move instantly; speed is critical. Reversal often needs recipient consent or a legal order if funds were already credited.
PNP Anti-Cybercrime Group / NBI Cybercrime Division: Investigate, preserve digital evidence, issue subpoenas, and coordinate with banks/telcos. They can help trigger AMLC/Prosecution actions.
City/Provincial Prosecutor: File your criminal complaint-affidavit (estafa and cybercrime). If suspect is unknown, you may file against John/Jane Does and update later.
BSP (for bank/e-wallet conduct): If the financial service provider mishandled your complaint or violated consumer protection rules, escalate for regulatory action under RA 11765.
DTI / SEC (when applicable): If the counterparty is a merchant or investment scheme, you may file a consumer or securities complaint in parallel. (Criminal estafa is still pursued with the prosecutor.)

Barangay conciliation? Not required for criminal complaints like estafa (and usually exempt even for related civil claims tied to a crime).

4) Step-by-step: from loss to filing

A. First 24 hours (maximize fund recovery)

Call your bank/e-wallet:
- Give date/time, amount, transaction ID, recipient account name/number, receiving bank, and narrative (“I was deceived; unauthorized/induced transfer”).
- Ask for recall/return of funds, temporary hold/tag on recipient account, and a written acknowledgment (email/ticket).
Preserve evidence (don’t edit files):
- Screenshots and original exports of chats/emails (include full headers if email).
- Ads/listings, photos, profiles, phone numbers, payment page URLs.
- Your official transaction records/receipts (download PDF/CSV from the bank).
- Device and app logs if available.
Police blotter & ACG/NBI intake (bring ID and evidence). Request guidance on subpoenas to banks/telcos.

B. Days 2–7 (build you case)

Draft a Complaint-Affidavit (see template below) for Estafa (RPC) with the use of ICT (RA 10175 Sec. 6). Add computer-related fraud/identity theft if hacking/OTP theft occurred.
Annexes: transactions, chats, call logs, proof of deceit, and your bank’s case reference.
Notarize or swear before a prosecutor (they’ll advise the proper form).
File with the Prosecutor’s Office where any essential element occurred (e.g., place where you sent the money, where deceit was received, or where the recipient bank is located).
Keep engaging your bank/e-wallet, and escalate to BSP if handling is non-compliant (missed timelines, inadequate process).

C. Ongoing (investigation & recovery)

Law enforcement can pursue warrants for computer data/search (under the Rule on Cybercrime Warrants) and coordinate with AMLC to freeze remaining funds.
Banks may require a court order to debit a held recipient account if consent is refused.
You may pursue civil recovery (see Section 7) alongside the criminal case.

5) Evidence: what holds up (Rules on Electronic Evidence)

Authenticity: Keep original digital files (native exports), not just screenshots.
Integrity: Avoid altering metadata. Back up to read-only media; note who/when/where you obtained each item.
Chain of custody: Label annexes; keep a timeline of events; identify witnesses.
Prove deceit + damage: Capture the promises, representations, and payment trail clearly.

Checklist (attach as Annexes):

Proof of transfer (receipts, transaction IDs, account/beneficiary details)
Chats/emails/call logs and seller profile/ads
Your bank complaint and acknowledgment
Police/NBI intake documents
Any confirmations from the receiving bank (if any)
ID, proof of address, and proof of funds source (if asked)

6) What banks and regulators can (and can’t) do

Recalls/holds: Banks can request the receiving bank to place a temporary hold if funds are intact. If already withdrawn/moved, recovery is harder.
Disclosure limits: Due to bank secrecy and data privacy, banks won’t reveal the recipient’s personal data to you directly. Law enforcement/courts can obtain it.
Chargebacks? Card chargebacks don’t apply to bank-to-bank transfers. Recovery rides on speed, cooperation, and legal orders.
Regulatory escalation (BSP): You can seek redress if your bank/e-wallet fails to act promptly, mishandles complaints, or violates RA 11765 standards.

7) Criminal vs. civil remedies

Criminal (estafa + cybercrime): Focuses on punishing deceit; the court may order restitution. Penalties increase with the amount (RA 10951) and may be one degree higher when done through ICT (RA 10175 Sec. 6).
Civil recovery:
- You can join your civil claim (for the amount lost + damages) in the criminal case or file a separate civil action (e.g., sum of money, damages under the Civil Code).
- Small Claims Court can be an option for straightforward refund/sum of money cases up to the prevailing small-claims limit (as of 2024, ₱1,000,000), without lawyers appearing. Check the latest threshold and exclusions first.
- Suing the bank is generally difficult unless you can show independent negligence (e.g., failure to follow KYC/fraud controls that proximately caused your loss). Get specific legal advice before going down this path.

8) Template: Urgent Request to Recall/Freeze Funds (to your bank)

[Date]

Customer Support / Fraud Team
[Your Bank/E-Money Issuer]

Subject: URGENT – Request to Recall/Freeze Funds from Fraudulent Transfer

I am [Name], account no. [XXXX]. On [date/time], I was deceived into transferring ₱[amount] via [InstaPay/PESONet/Other], Ref. No. [ID], to:
Recipient Name: [as shown]
Recipient Account No.: [XXXX]
Recipient Bank: [Bank]

Please (1) initiate an interbank recall/return of funds, (2) place a temporary hold/tag on the recipient account, and (3) coordinate with the receiving institution’s fraud team. This transaction is tied to criminal **estafa** (and related cyber offenses). Attached are proof of transfer and supporting screenshots.

Kindly provide a **case/reference number**, written acknowledgment, and any additional steps required from me.

Sincerely,
[Name]
[Contact details]

9) Template: Complaint-Affidavit (criminal estafa with use of ICT)

Note: Swear before a prosecutor or notary. Attach annexes and mark them clearly.

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

COMPLAINT-AFFIDAVIT

I, [Name], Filipino, of legal age, [civil status], and residing at [address], after having been duly sworn, depose:

1. On [date/time], I saw/responded to [describe online post/chat/call], where [Respondent/Unknown persons] represented that [specific promises/pretenses].
2. Relying on these representations, I transferred ₱[amount] via [bank/e-wallet], Transaction/Ref. No. [ID], to [Recipient Name/Acct No./Bank].
3. After payment, [describe failure to deliver/refusal, blocking, further deceit].
4. I later discovered the representations were false. I suffered loss of ₱[amount].
5. The above acts constitute **Estafa (Art. 315, RPC)**, committed **through information and communications technology** under **Sec. 6, RA 10175**, and, as applicable, **computer-related fraud/identity theft**.
6. Annexed are true copies of: [A-1 Receipt], [A-2 Chats], [A-3 Screenshot of listing], [A-4 Bank complaint], etc.

PRAYER

I pray that criminal charges be filed against [Respondent(s)/John/Jane Does], that the necessary subpoenas/warrants issue, and that restitution be ordered.

[Signature]
[Name]
Affiant

SUBSCRIBED AND SWORN to before me this __ day of ______, 20__, at __________.
[Prosecutor/Notary]

10) Venue, jurisdiction, and procedure (plain-English)

Where to file: Any place where an essential element occurred (e.g., where you sent the money, where deceit was received, where the recipient account is maintained). Prosecutors can guide you on proper venue.
Investigation flow: Preliminary investigation → possible filing of Information in court → trial.
Warrants for digital data: Investigators may seek specialized cybercrime warrants to compel disclosure/search of computer data.
Timelines: Criminal cases take time; early reporting improves chances of freezing or tracing funds. Keep following up (professionally, in writing).

11) If the scammer or money mule is unknown/overseas

You can still file vs. John/Jane Does. Law enforcement may trace via IP, telco, KYC records, and bank trails.
Cross-border cases require requests for assistance and take longer; preserve all evidence and keep contact details current.

12) Practical tips & common pitfalls

Speed beats everything. Minutes/hours matter for recalls and holds.
Don’t confront the scammer after you report; it can spook them into draining accounts.
Avoid “fixers.” Only work with your bank and official authorities.
Be precise. Dates/times, amounts, and exact words of the deceit are critical.
Manage expectations. Recovery depends on whether funds remain and on legal orders—there’s no guaranteed “chargeback” for bank transfers.
Protect yourself next time:
- Verify identities and licenses (if investments or high-value sales).
- Never share OTPs; use device biometrics; enable alerts.
- Treat “urgent” payment instructions as red flags.

13) Frequently asked questions

Q: I willingly sent the money—can it still be a crime? A: Yes, if you were deceived (estafa). Your intent to pay under false pretenses does not excuse the offender.

Q: The bank says they can’t share the mule’s identity. Why? A: Bank secrecy and data privacy. Law enforcement/courts can compel disclosure; consumers usually can’t obtain it directly.

Q: Can I sue in Small Claims? A: If your claim is a straight refund/sum of money (no complex damages) and within the current limit (as of 2024, ₱1,000,000), you can consider Small Claims. Confirm the latest rules and whether your claim fits the allowed categories.

Q: Will BSP get my money back? A: BSP enforces consumer protection rules against supervised institutions. It can pressure compliance and penalize banks/e-wallets for process failures, but fund recovery still hinges on facts, cooperation, and legal orders.

14) Document pack (make these before you file)

Chronology (1–2 pages): What happened, when, who said what, and how much you lost.
Evidence bundle:
- “E-1 Bank Proof” (receipts, IDs),
- “E-2 Chats/Emails,”
- “E-3 Listings/Profiles,”
- “E-4 Bank Complaint + Reference No.,”
- “E-5 Police/NBI Intake,”
- “E-6 Other corroboration.”
Draft Complaint-Affidavit (ready to swear).
Letters to bank (recall/freeze) and BSP escalation (if needed).

Final notes

Act fast, write clearly, and keep everything.
File criminal estafa (with ICT), add cybercrime counts where appropriate, and escalate bank handling under RA 11765 if service failures occur.
Coordinate with PNP ACG/NBI on subpoenas and possible AMLC freeze action.
For significant losses or complex facts, retain counsel early to shape venue, charges, and recovery strategy.

If you want, I can turn this into a printable checklist pack (with fill-in templates) tailored to your situation.