How to File a Case Against Online Scammers in the Philippines
(A comprehensive, step‑by‑step legal guide as of July 29 2025)
1. Why Treat Online Scams as a Legal Case?
Online scams are crimes—not mere “buyer‑seller misunderstandings.” Victims may seek:
| Remedy | Goal | Where You File | Main Laws |
|---|---|---|---|
| Criminal complaint | Punish offender (possible imprisonment + fine) | Office of the City/Provincial Prosecutor, then trial court | Revised Penal Code (Estafa ⟶ Art. 315), RA 10175 (Cybercrime), RA 8484 (Access Devices Regulation) |
| Civil action | Recover money/property, damages, interest | Same court (as separate civil action) or Integrated in criminal case | Civil Code (Arts. 19–21, 2176, 20 & 21), Rules of Court |
| Administrative / regulatory complaint | Consumer redress, business sanctions | DTI Fair Trade Enforcement Bureau, SEC Enforcement Dept., BSP/PayMaya/GCash/Banks | RA 7394 (Consumer Act), SEC Rules, BSP Circular 1144 (e‑wallet dispute) |
You may pursue several tracks simultaneously.
2. Key Philippine Statutes & Rules
Revised Penal Code, Art. 315 (Estafa) – Fraud committed “through false pretenses” online is still estafa. – Penalty scales with amount defrauded (updated by RA 10951).
Republic Act 10175 (Cybercrime Prevention Act) – “Computer‑related fraud” (Sec. 6 & 7). – Imposes one degree higher penalty than the underlying offense.
Republic Act 8484 (Access Devices Regulation Act) – Covers credit‑/debit‑card, OTP, e‑wallet, or online banking fraud.
Republic Act 8792 (E‑Commerce Act) & Rules on Electronic Evidence (A.M. No. 01‑7‑01‑SC) – Admit screenshots, emails, chat logs, blockchain records, etc. as “originals.”
Consumer Protection Framework
- RA 7394 (Consumer Act) for deceptive sales.
- RA 11765 (Financial Products and Services Consumer Protection Act 2022) for fintech platforms.
Prescriptive periods (time limits)
- Estafa: 12–20 years depending on amount.
- Civil actions: 4 years for quasi‑delict; 6 years for oral contracts; 10 years for written contracts. (Prescription is tolled from the date of discovery if the fraud was concealed.)
3. Evidence: Preserve First, Complain Second
| What to Capture | How to Authenticate It |
|---|---|
| Screenshots / screen recordings of chats, seller profile, listings | Use phone/desktop built‑in tools immediately. E‑sign or notarize print‑outs. |
| Emails, SMS, spam | Export raw .eml files; include full headers. |
| Bank / e‑wallet transfers | Get certified transaction history from bank/G‑Cash/PayMaya; secure QR or reference numbers. |
| IDs, selfies, voice notes sent by scammer | Save files; note the date/time. |
| IP addresses, tracking numbers | Ask platform or courier for logs (subpoena may be needed). |
| Demand letters & acknowledgments | Send via registered mail with return card or reputable courier; keep receipts. |
Rule of thumb: keep both soft (USB, cloud) and hard (printed, notarized) copies. Never edit originals.
4. Step‑by‑Step: Criminal Complaint
Prepare a Detailed Complaint‑Affidavit
- Narrate facts chronologically.
- Attach all evidence (labeled as Annex “A,” “B,” …).
- State violated provisions (e.g., Art. 315 RPC in relation to Sec. 6 RA 10175).
- Sworn before a prosecutor or notary public.
Venue
- File in the place where any element occurred (e.g., where you sent money, where message was received). Cybercrime allows venue at the victim’s residence if computer is there.
**File with the Office of the Prosecutor
- Bring four copies + e‑copy on USB/CD.
- Pay filing fee (usually ₱500‑₱1,000).
- Get docket/receipt.
Preliminary Investigation
- Prosecutor issues subpoena; respondent files Counter‑Affidavit.
- Position papers; clarificatory hearing (optional).
- Resolution (probable cause/no PC) within 60 days (often longer).
Information Filed in Court
- If probable cause: case raffled to Regional Trial Court (RTC) if penalty >6 years; Municipal Trial Court otherwise.
- Judge issues warrant of arrest or summons.
Arraignment, Trial, Judgment
- Arraignment within 30 days of court receipt.
- Plea bargaining usually barred for cyber‑estafa.
- Conviction ⇒ imprisonment + fine + restitution.
5. Civil Action (Optional but Recommended)
Integrated: Reserve right to pursue civil damages during criminal case (Art. 100 RPC).
Separate: File collection/sum‑of‑money or specific performance under Rules of Court Rule 2.
Small Claims (≤ ₱200,000 after August 22 2023): no lawyer needed, 30‑day disposition.
Damages Recoverable:
- Actual (amount lost, bank charges)
- Moral (anxiety, sleepless nights)
- Exemplary (to deter similar conduct)
- Interest (6% per annum from demand)
6. Administrative / Regulatory Routes
| Body | When to Go Here | How to File |
|---|---|---|
| DTI – Fair Trade Enforcement Bureau | Fake online stores, non‑delivery, deceptive offers (B2C) | File online via FTEB Complaint Portal; mediation then adjudication. |
| Securities & Exchange Commission (SEC) | Investment scams, unregistered securities | Email epd@sec.gov.ph or use eFAST; SEC may issue Cease & Desist and freeze assets. |
| Bangko Sentral ng Pilipinas (BSP) & Financial Consumer Protection Dept. | E‑wallet/online banking disputes the provider fails to resolve in 15 days | File via Consumer Assistance Management System (CAMS). |
| National Privacy Commission (NPC) | Identity theft involving personal data | File Breach Notification or Complaint; NPC may levy fines and order takedown. |
| Philippine National Police Anti‑Cybercrime Group (PNP‑ACG) | Urgent police action, entrapment, digital forensics | Hotline (02)8414‑1560, email acg@pnp.gov.ph, or any ACG regional unit. |
| National Bureau of Investigation – Cybercrime Division (NBI‑CCD) | Complex fraud, international syndicates | Personally appear at NBI Taft Avenue or regional CCD with complaint‑affidavit. |
Administrative penalties do not bar criminal prosecution.
7. Jurisdictional & Procedural Nuances
- Multiple Offenders / Locations – Cybercrimes are transitory; venue is flexible.
- Corporate or Platform Liability – Officers may be liable if they “knowingly allow” the scam.
- Inquest vs. Regular Filing – If scammer is caught in the act (within 36 hours) you may inquest before a Prosecutor to keep them detained.
- Asset Freezing & Garnishment – Under RA 10175, the court can issue Preservation Orders on bank accounts, domains, crypto wallets.
- Bail – Cyber‑estafa often non‑bailable if amount ≥ ₱2 million (penalty ≥ prision mayor max).
8. Costs, Timelines & Practical Tips
| Item | Typical Cost | Timeline |
|---|---|---|
| Notarization of affidavit & annexes | ₱150 – ₱500 | 1 day |
| Prosecutor filing fee | ₱500 – ₱1,000 | Same day |
| Lawyer’s professional fee | ₱3,000 – ₱5,000 per pleading / or 10‑30% contingency | Ongoing |
| Subpoena service & copies | ₱1,000 – ₱3,000 | 1‑2 weeks |
| Court docket fee (civil) | 2% of amount + ₱1,000 | Upon filing |
| Small Claims filing | ₱2,000 flat | 30‑60 days to decision |
| Total time to conviction (contested) | — | 2 – 5 years |
Tips to speed things up
- File immediately—the fresher the trail, the easier subpoenas to platforms.
- Write a demand letter first; some scammers refund to avoid a case.
- Provide prosecutors with printouts and USB copies; mark annexes clearly.
- If transaction used Lazada/Shopee/Facebook Marketplace, file report inside the platform as well; platform logs help confirm identity.
- Coordinate with your bank’s fraud team; they can issue “provisional credit” or hold funds.
9. Common Pitfalls to Avoid
- Deleting chats/screenshots once you feel scammed.
- Paying “processing fees” to recover money—often a second scam.
- Accepting installment repayments without notarized compromise agreement.
- Relying solely on barangay mediation; online fraud is outside Katarungang Pambarangay jurisdiction.
- Mis‑identifying the correct respondent (use real name, not just screen name; trace GCash full name).
10. Sample Outline of a Complaint‑Affidavit (Template)
I, Juan Dela Cruz, Filipino, of legal age, and a resident of Quezon City, after having been duly sworn, depose and state:
- On 15 June 2025, I saw Facebook Marketplace listing “iPhone 14 Pro ₱40,000 only” posted by “TechHubPH.” …
- Accused John Doe (real name per GCash: John Michael Delos Santos) instructed me to transfer ₱40,000 to GCash #0917‑123‑4567. …
- After transfer (Annex “A”), he blocked me. …
- These acts constitute Estafa under Article 315 (2)(a) of the Revised Penal Code committed through information and communication technologies penalized one degree higher under Section 6 of RA 10175. … PRAYER: Wherefore, complainant prays that criminal information be filed… IN WITNESS WHEREOF, I hereunto affix my signature.
(Attach: Transfer receipt, chat screenshots, demand letter, valid ID.)
11. When to Hire a Lawyer (and When You Can DIY)
- Mandatory: Amount involved > ₱2 million, accused is a corporation, or you expect complex motions.
- Optional but advisable: Cross‑border scams, cryptocurrency tracing, or if you’re abroad.
- DIY feasible: Small Claims, basic estafa < ₱200k with clear evidence, or DTI consumer complaints.
12. Alternative Remedies & Future‑Proofing
- Chargeback via Visa/Mastercard rules – must dispute within 120 days.
- Insurance – Some e‑wallets/banks now bundle cyber‑fraud insurance.
- Class action – For large‑scale investment scams (SEC Rules on Representative Suits 2023).
- Cyber mediation – ODR (Online Dispute Resolution) now piloted by OADR + DTI.
- Reporting to INTERPOL’s Purple Notice – if syndicate operates abroad.
13. Final Checklist Before You File
- Gather and duplicate all evidence.
- Draft complaint‑affidavit + annex index.
- Prepare ID, proof of residence, proof of authority if filing for a minor/company.
- Compute filing fees.
- Decide on civil claim reservation.
- Set calendar reminders for prescriptive deadlines.
14. Disclaimer
This article provides general legal information based on Philippine statutes, rules, and practice as of July 29 2025. It does not constitute legal advice. For case‑specific guidance, consult a Philippine lawyer or the Public Attorney’s Office (PAO).
You’re Now Ready
Armed with a clear roadmap, accurate evidence, and an understanding of the relevant laws, you can confidently take legal action against online scammers in the Philippines—and help deter future fraud. Good luck, and stay vigilant online!