Online scam cases move fast: accounts get deleted, chats disappear, money gets dispersed, and platforms recycle data. A well-written complaint-affidavit is your foundation for (1) identifying the proper criminal offense, (2) triggering subpoenas and investigative steps, and (3) preserving and presenting electronic evidence in a form prosecutors can act on.

1) What a “Complaint-Affidavit” Is (and Why It Matters)

In the Philippines, many criminal cases are initiated through a criminal complaint supported by a complaint-affidavit—a sworn narration of facts showing probable cause. It is typically filed with the Office of the City/Provincial Prosecutor (for preliminary investigation), often after or alongside reports to the PNP Anti-Cybercrime Group (ACG) or the NBI Cybercrime Division.

A strong complaint-affidavit does three things:

Tells a clean chronological story (who, what, when, where, how).
Connects facts to the legal elements (e.g., deceit + damage for estafa).
Anchors every claim to evidence (annexes: screenshots, receipts, logs).

2) Common Criminal Offenses Used in Online Scam Cases

Online scams don’t always fit one label. Prosecutors usually assess which law best matches the facts. The most common anchors are:

A. Estafa (Swindling) — Revised Penal Code, Article 315

Most online selling/investment/fake service scams are prosecuted as estafa, especially where there is deceit that induced you to part with money or property, resulting in damage/prejudice.

Core idea to allege:

Respondent used false pretenses/fraudulent acts
You relied on those representations
You paid/transferred money/property
You suffered loss/damage

B. Cybercrime angle — RA 10175 (Cybercrime Prevention Act)

If the fraud was committed “by, through, and with the use of” ICT (Facebook, Messenger, email, websites, apps, etc.), prosecutors may treat it as a cybercrime-related case. For certain crimes under the Revised Penal Code committed via ICT, penalties may be increased under the law’s framework.

Depending on facts, prosecutors may also consider “computer-related fraud” or related cybercrime offenses—but for many “fake seller” cases, estafa remains the main offense, with the cybercrime law as the modality.

C. Other laws that may appear depending on facts

Identity theft / impersonation-related cyber offenses (if the scam used someone else’s identity)
Access Devices Regulation Act (RA 8484) (more relevant to credit card/access device misuse)
Anti-Money Laundering (RA 9160, as amended) (usually pursued institutionally; still relevant to tracing)

Practical drafting tip: Don’t over-lawyer the caption. You can allege estafa and state that it was committed through online platforms (ICT). Let the prosecutor finalize the exact charge.

3) Where to File, and What to Prepare Before Drafting

A. Where to file

Common pathways (often used in parallel):

Office of the City/Provincial Prosecutor (for criminal complaint/preliminary investigation)
PNP ACG / local cybercrime units (for technical assistance, coordination, preservation steps)
NBI Cybercrime Division (for investigative support)

B. Before you draft: do an “evidence freeze”

Even before filing, immediately:

Screenshot and export everything
- Chats (full threads, including timestamps)
- Profile pages (URLs/handles), usernames, numbers, emails
- Listings/ads, order forms, “terms,” payment instructions
Save transaction proofs
- Bank transfer/instapay details, reference numbers
- E-wallet transaction IDs
- Deposit slips, receipts, confirmations
Document your device context
- Which device you used (phone/laptop), your SIM number, your account
Preserve URLs
- Copy profile links and post links
Avoid altering evidence
- Don’t edit images beyond readability; keep originals

4) The Anatomy of a Proper Complaint-Affidavit

A workable Philippine-style complaint-affidavit typically has:

Caption / Title
Parties
Personal circumstances of complainant
Narration of facts (chronological)
Evidence references (Annexes)
Legal basis (brief—facts first)
Prayer
Verification/Jurat (notarized)

A. Caption / Title (Sample)

Republic of the Philippines
Office of the City Prosecutor, _______ City
In Re: Complaint-Affidavit for Estafa (and related offenses)
Complainant: [Your name]
Respondent: [Name / “John Doe” + identifying account details]

If you don’t know the real name, you can name:

“JOHN DOE a.k.a. [Facebook Name/Handle],” and identify them by account, phone number, bank account, email, delivery address, and other identifiers.

B. Parties section

Include:

Your full name, age, citizenship, address, contact number/email
Respondent’s alleged name/aliases and identifiers:
- platform usernames
- profile URLs
- phone numbers
- bank/e-wallet account numbers and account name
- delivery address used (if any)
- any ID sent to you (common in scams—still useful as evidence even if fake)

C. Facts: tell it like a timeline

Use numbered paragraphs. Each paragraph should ideally contain:

date/time
platform used
what was represented
what you did in reliance
what happened after payment
where you were (helps establish venue/jurisdiction)

D. Connect facts to elements (without turning it into a law textbook)

After the timeline, add a short section:

“Respondent employed deceit…”
“Because of these misrepresentations, I was induced to transfer…”
“I suffered damage in the amount of…”

E. Evidence and annexing

Mark exhibits as:

Annex “A” – Screenshot of listing/post
Annex “B” – Chat conversation (pages 1–10)
Annex “C” – Proof of bank transfer
Annex “D” – Profile URL screenshot
Annex “E” – Demand message and respondent’s reply/seen status

In the body, cite them:

“A true and faithful screenshot of the advertisement is attached as Annex ‘A’.”
“Screenshots of our chat logs are attached as Annex ‘B’ series.”

5) Drafting the Facts Section: What Prosecutors Look For

A. Establish the “deceit”

You must clearly describe what lie (or fraudulent representation) was made. Examples:

“Respondent claimed the item was ‘on-hand’ and would be shipped the same day.”
“Respondent represented that payment would secure an investment with guaranteed returns.”

Include:

exact wording (quote small key lines)
screenshots as annexes
whether they used false credentials, fake courier booking, fake receipts

B. Establish “reliance”

Show you acted because you believed them:

You paid because they claimed shipping would proceed only after payment
You paid because they said limited slots, urgency, etc.

C. Establish “damage”

State the exact amount lost and any additional losses:

product price
shipping/fees
“top-up” payments demanded later
time-sensitive losses (optional, but keep it grounded)

D. Show “post-payment conduct” (classic red flags)

blocking, deleting messages
repeated excuses
fake tracking numbers
demands for more money (“release fee,” “insurance,” “verification”)
refusal to refund

E. Demand and refusal (helpful but not always required)

A demand message is often useful:

“On [date], I demanded a refund…”
“Respondent ignored/blocked me…”

6) Handling Electronic Evidence Properly (So It’s Usable)

Philippine practice generally requires that electronic evidence be authenticated—i.e., someone must be able to explain what it is, how it was obtained, and that it’s a faithful representation.

Practical steps that strengthen credibility:

Keep original files (screenshots, screen recordings)
Capture timestamps and URLs
Export chats if the platform allows
Make a screen recording while scrolling the conversation (shows continuity)
Printouts should match the digital originals
Prepare a short “how obtained” statement:
- “I personally took these screenshots on my phone (model) on [date] from my Facebook Messenger account.”

7) Sample Complaint-Affidavit Template (Philippine Style)

REPUBLIC OF THE PHILIPPINES OFFICE OF THE CITY PROSECUTOR [City]

IN RE: COMPLAINT-AFFIDAVIT For: Estafa (and related offenses)

COMPLAINANT: [Your Full Name] RESPONDENT: [Name], a.k.a. “[Account Name/Handle]” / JOHN DOE

COMPLAINT-AFFIDAVIT

I, [Your Full Name], of legal age, Filipino, [civil status], and resident of [address], after having been duly sworn in accordance with law, hereby depose and state:

I am the complainant in this case. My contact details are [number/email].

Respondent is [name if known], who transacts online using [platform] under the name/handle [handle], with profile link [URL], and who provided the following payment details: [bank/e-wallet + account number + account name]. If respondent’s true name is unknown, I respectfully request that the proper authorities identify respondent using the foregoing identifiers.

FACTS OF THE CASE

On [date], while I was in [city/province], I saw an online post/advertisement on [Facebook page/Marketplace/group name] offering [item/service] for PHP [amount]. A screenshot of the post is attached as Annex “A.”

On the same date, I contacted respondent through [Messenger/WhatsApp/etc.] using my account [your account name]. Respondent represented that [key representations: on-hand, authentic, guaranteed returns, immediate shipping, etc.]. Screenshots of the conversation are attached as Annex “B” series.

Relying on respondent’s representations, respondent instructed me to send payment via [bank/e-wallet] to [account name/number]. Respondent assured me that [shipping/receipt/returns] would follow upon payment. (See Annex “B” series.)

On [date/time], I transferred PHP [amount] to respondent’s [bank/e-wallet] account. Proof of the transaction, including reference number [ref no.], is attached as Annex “C.”

After receiving payment, respondent [describe: stopped replying / provided fake tracking / asked for more fees / blocked me]. On [date], respondent provided a purported tracking number [number], but it was [invalid/not found]. Screenshots are attached as Annex “D” series.

On [date], I demanded that respondent either deliver the [item/service] as promised or refund my payment. My demand message and respondent’s [non-response/blocking] are shown in Annex “E” series.

To date, despite repeated demands, respondent has failed and refused to deliver the promised [item/service] or return my money. I suffered damage in the amount of PHP [amount], excluding incidental expenses.

DECEIT AND DAMAGE

Respondent’s acts show deceit and fraudulent intent: respondent induced me to transfer money through false representations and then refused to perform or refund, causing me financial prejudice.

The foregoing acts constitute Estafa under Article 315 of the Revised Penal Code and were carried out through online platforms using information and communications technology, warranting the application of relevant cybercrime laws where proper.

PRAYER

WHEREFORE, premises considered, I respectfully pray that this Complaint be given due course; that respondent be required to submit a counter-affidavit; and that, after due proceedings, the appropriate Information be filed in court and respondent be held liable under the applicable laws.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of ______ 20__ in [City], Philippines.

[Signature] [Your Name] Complainant-Affiant

SUBSCRIBED AND SWORN to before me this ___ day of ______ 20__ in [City], affiant exhibiting to me competent evidence of identity [ID type/number].

[Notary Public / Administering Officer]

Notes on using the template

Keep the legal conclusions brief; let the timeline do the heavy lifting.
Replace bracketed text carefully.
Don’t guess facts—state only what you personally know, saw, or received.

8) Drafting Checklists

A. Essential facts checklist (don’t omit)

Exact dates/times of key events
Platform used (Facebook, Instagram, Telegram, website, email, etc.)
Respondent’s identifiers (handle, URL, phone, email)
Payment channel details (bank/e-wallet, account name/number)
Amount paid + reference number
What was promised and what actually happened
Demand/refusal or blocking

B. Annex checklist (strong set)

Screenshots of advertisement/listing (with URL if possible)
Complete chat logs (include identity markers)
Payment proof (receipts, confirmations, transaction IDs)
Profile page screenshots + URL
Fake tracking/receipts (if any)
Screen recording of chat thread scrolling (optional but powerful)
Any voice calls? (Note details; recordings raise separate legal issues—be cautious)

C. Witnesses

If anyone else saw the transactions or joined calls/chats, consider:

Witness affidavit(s) supporting your narrative
Affidavit of the person who assisted in payment (if used another account)

9) Common Pitfalls (and How to Avoid Them)

Vague narrative (“I was scammed online”) Fix: state the specific misrepresentation, exact payment details, and post-payment conduct.
No respondent identifiers Fix: include handles, links, numbers, account details, and screenshots.
Cherry-picked screenshots Fix: include surrounding context; show continuity of chat (screen recording helps).
Unclear venue/jurisdiction Fix: state where you were when you viewed the offer and made the payment; note where respondent directed the transaction.
Mixing assumptions with facts Fix: separate what you know (“I transferred money to account X”) from what you infer (“I believe the respondent intended…”).

10) What Happens After You File (High-Level)

While procedures vary by office and by the assessed penalty, the usual flow is:

Evaluation / docketing
Issuance of subpoena to respondent (for counter-affidavit)
Submission of counter-affidavit and supporting evidence
Reply / rejoinder (if allowed)
Prosecutor’s resolution (probable cause determination)
If probable cause exists: Information filed in court (cybercrime cases are typically handled by designated cybercrime courts where applicable)

Separately, cybercrime investigators may pursue preservation/requests through proper legal channels to identify the person behind accounts, numbers, and devices.

11) Practical Drafting Style Tips That Improve Success

Use numbered paragraphs.
Write in simple declarative sentences.
Put dates and amounts on the page.
Use consistent names (don’t alternate between “seller,” “scammer,” “respondent”—pick one).
Avoid insults; stick to verifiable actions.
Every major allegation should point to an annex.

12) A “Gold Standard” One-Paragraph Summary (Add This Near the Top)

Prosecutors appreciate an executive summary. Example:

“On 12 January 2026, respondent, using Facebook account ‘___’ (Annex B), offered to sell an on-hand [item] for PHP ___ (Annex A) and induced me, through false assurances of immediate shipment, to transfer PHP ___ to [bank/e-wallet] account ___ (Annex C). After payment, respondent stopped responding and later blocked me (Annex E), and no item was delivered nor any refund made despite demand, causing me damage in the amount of PHP ___.”

13) Final Quality-Control Pass (Before Notarization)

Ask yourself:

Can a reader understand the scam in under 3 minutes?
Are all identifiers present and consistent?
Are annexes properly labeled and referenced?
Did you avoid speculation and stick to what you can prove?
Did you state the exact loss and how it was paid?

14) Annex Labeling Example (Clean and Court-Friendly)

Annex “A” – Screenshot of online advertisement/post dated ___
Annex “B” series – Chat screenshots (pages 1–__) with timestamps
Annex “C” – Proof of payment (transaction receipt/ref no.)
Annex “D” series – Profile screenshots and URL/identifiers
Annex “E” series – Demand messages and proof of non-response/blocking

A complaint-affidavit is not about writing “legal-sounding” prose; it’s about producing a sworn, evidence-backed narrative that makes probable cause easy to see. In online scam cases, specificity + evidence organization often matters as much as the underlying story itself.