Introduction

Online scams in the Philippines commonly involve fake online sellers, investment fraud, phishing, identity theft, “task” scams, romance scams, and unauthorized e-wallet/bank transfers. If you want the police, prosecutors, banks, platforms, or courts to act, your most important first document is usually a Complaint Affidavit (also called an Affidavit of Complaint). It is your sworn, written narration of facts and attachments that supports the filing of a criminal complaint and related requests (e.g., preservation of records, account freezing, and takedown of scam pages).

This article explains how to draft a Philippine-style complaint affidavit for online scam cases, what to include, how to organize evidence, common legal bases, where to file, and practical pitfalls to avoid.

1) What a Complaint Affidavit Is (and What It Is Not)

What it is

A Complaint Affidavit is a sworn statement executed before a notary public (or administering officer) where you:

Identify yourself and your personal circumstances (including proof of identity),
Narrate the scam incident in chronological order,
Identify (as far as you can) the suspect(s) and the accounts used,
Specify the offenses you believe were committed,
Attach evidence and explain what each piece proves, and
Request action (investigation, filing in court, subpoenas, record preservation, etc.).

In Philippine criminal procedure, many cases—especially those filed at the prosecutor level—are initiated through complaint-affidavits and counter-affidavits during preliminary investigation.

What it is not

It is not a “demand letter.” You can send a separate demand, but the affidavit is for criminal complaint purposes.
It is not a guarantee of recovery. It is a legal narrative to start or support prosecution and related remedies.
It is not merely screenshots without explanation. Evidence must be identified, authenticated, and tied to your story.

2) When You Need It

You typically need a complaint affidavit when:

You will file a case with the Office of the City/Provincial Prosecutor for preliminary investigation,
You will file with law enforcement units (e.g., cybercrime desks) that require a sworn statement,
You want the bank/e-wallet/platform to treat your report as formal and actionable,
You need a sworn account for requesting preservation of online records.

Even if a station will accept a blotter entry, a blotter is not the same as a properly drafted complaint affidavit.

3) Where to File in the Philippines

A. Law enforcement (for investigation support)

Depending on location and setup, you may approach:

Local police station cybercrime desk / Women and Children desk if relevant,
Specialized cybercrime units (national/regional offices).

Law enforcement may help gather leads and coordinate with platforms and service providers, but prosecution is typically through the prosecutor’s office.

B. Office of the Prosecutor (for criminal filing)

For many online scam matters, you file a complaint at the Office of the City Prosecutor or Provincial Prosecutor (often where you reside, where you transacted, or where an element of the offense occurred).

C. Banks/e-wallets/platforms (parallel action)

File separate incident reports with:

Your bank/e-wallet (requesting dispute, hold, or investigation),
The receiving bank/e-wallet (if known),
The platform (social media, marketplace, messaging app).

Your complaint affidavit helps because it standardizes the facts and attachments.

4) Common Legal Bases Used in Online Scam Complaints (Philippine Context)

Your affidavit may cite one or more of the following, depending on facts:

A. Revised Penal Code (RPC)

Estafa (Swindling) – typically used for online selling scams (money paid, no delivery; misrepresentation induced payment).
Other deceit-related offenses depending on circumstances.

B. Special laws often relevant

Cybercrime Prevention Act (RA 10175) – may apply when traditional crimes (like estafa) are committed “by, through, and with the use of ICT,” potentially qualifying as cyber-related offenses.
Access device / card / bank fraud laws, if applicable to unauthorized card use or similar schemes.
E-commerce / consumer-related rules may be relevant for administrative angles, but your criminal complaint is usually anchored on RPC and/or RA 10175.

Practical note: You do not need perfect legal labeling. You must state facts. The prosecutor determines the correct offense(s). Still, it helps to suggest likely offenses to guide evaluation.

5) The Golden Rule: Facts First, Then Law

A strong complaint affidavit is:

Chronological (what happened, when, where, how),
Specific (exact dates, times, amounts, account numbers, handles, links),
Consistent (no contradictions between narrative and screenshots),
Evidence-linked (every major claim supported by an attachment).

Avoid emotional arguments; be clear and factual.

6) Step-by-Step Drafting Guide

Step 1: Gather and preserve evidence before drafting

Create a folder (digital and printed). Preserve:

Screenshots of:
- The listing/post/ad,
- Your chat thread (include timestamps if visible),
- The suspect’s profile page and username/handle,
- Payment instructions sent to you,
- Proof of payment and transaction reference numbers,
- Delivery promises, tracking numbers (if fake), refusal to refund, threats.
Receipts:
- Bank transfer slips, Instapay/Pesonet confirmations,
- E-wallet transaction history,
- Remittance receipts.
Account details:
- Receiving bank/e-wallet account name and number,
- QR codes used,
- Merchant IDs.
Device data:
- Your email/SMS notifications,
- Call logs (if you spoke to them).
IDs:
- Copy of your government ID for notarization and filings.
If you have the scammer’s “ID” they sent, treat it as possibly fake; include it as an exhibit but state you cannot verify it.

Tip: Export chat logs if the platform allows it. Keep originals; printouts are supporting copies.

Step 2: Build a timeline table (for your own drafting)

Example:

05 Jan 2026, 2:10 PM – saw post on Facebook Marketplace from account “X”
05 Jan 2026, 2:30 PM – chatted via Messenger; price agreed ₱…
05 Jan 2026, 3:05 PM – sent payment via GCash to …
06 Jan 2026 – promised shipment; tracking number …
07 Jan 2026 – no delivery; blocked.

This becomes your narrative backbone.

Step 3: Identify parties and jurisdiction anchors

Write down:

Your address (where you reside),
Where you were when you transacted,
Where you sent payment from,
Any location claimed by suspect (if stated),
Bank branch details if you have them.

Step 4: Draft the affidavit using Philippine affidavit form conventions

7) Standard Structure of a Philippine Complaint Affidavit

Below is the usual structure. You can adapt formatting depending on your prosecutor/police template.

A. Caption / Title

COMPLAINT-AFFIDAVIT (For: Estafa and/or Cybercrime-related offenses) REPUBLIC OF THE PHILIPPINES ) CITY/PROVINCE OF ________ ) S.S.

(Some offices require a case title like “People of the Philippines vs. John Doe” but for initial complaint you may write “In re: Complaint for Estafa” or similar.)

B. Affiant’s Introduction

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

C. Personal circumstances and capacity

Your name, address, contact number/email
Statement that you are the victim/complainant
If representing someone (e.g., your parent), explain authority (SPA/authorization).

D. Statement of facts (numbered paragraphs; chronological)

Include:

How you encountered the offer/scammer (platform, date/time).
What representations were made (price, authenticity, delivery time).
The agreement (item/service, total amount, payment method).
Payment details (exact amount, date/time, channel, reference no.).
What happened after payment (non-delivery, excuses, block).
Steps you took (follow-ups, reporting to platform, bank).
The harm/loss (amount, inconvenience, additional charges).
Identification details of suspect (names used, handles, phone numbers, account numbers, URLs).

E. Evidence and exhibits section

Introduce your exhibits clearly:

“Attached hereto as Annex ‘A’ is a screenshot of the Marketplace listing…”
“Annex ‘B’ series are screenshots of our Messenger conversation from [date]…”
“Annex ‘C’ is the GCash transaction confirmation with reference no. …” Use “series” if multiple pages.

F. Legal basis (brief)

One or two paragraphs are enough:

“The foregoing acts constitute Estafa under the Revised Penal Code, committed through online means, and may be considered cyber-related under RA 10175.” Keep it simple; let the prosecutor classify.

G. Prayer / Requests

Ask for specific actions:

That a complaint be filed and respondents be required to answer,
That subpoenas be issued to obtain subscriber/account records from banks/e-wallets/platforms,
That records be preserved (requesting preservation of logs/metadata),
That appropriate charges be filed.

H. Verification and attestation

“I am executing this Complaint-Affidavit to attest to the truth of the foregoing facts and for the purpose of filing the appropriate charges…”
Sign with printed name.

I. Jurat (notarial portion)

Notary completes the jurat: “SUBSCRIBED AND SWORN to before me this ___ day of ___ 20__ in ___, affiant exhibiting to me [ID details].”

8) A Detailed Sample Template (Editable)

You can copy and fill in the blanks.

COMPLAINT-AFFIDAVIT REPUBLIC OF THE PHILIPPINES ) [CITY/PROVINCE] ) S.S.

I, [FULL NAME], Filipino, of legal age, [civil status], and residing at [complete address], after having been duly sworn in accordance with law, hereby depose and state that:

I am the complainant/victim in this case. My contact details are: [mobile], [email].
On [date] at around [time], while I was in [place/city], I saw an online post/listing/advertisement on [platform: Facebook Marketplace/Instagram/Telegram/etc.] offering [item/service] for ₱[amount]. The post was made by an account/profile named [name/handle] with username/URL [link if available] (“Respondent”).
I contacted Respondent through [Messenger/DM/WhatsApp/etc.]. Respondent represented that [state the key claims: item is genuine, available stock, delivery within X days, refundable, etc.]. Respondent sent photos/videos and assured me that [assurances].
After our conversation, we agreed that I would pay ₱[amount] for [item/service], inclusive of [shipping/fees if any], and Respondent would deliver/send it to [delivery address] on or before [date promised].
On [date] at around [time], relying on Respondent’s representations, I transferred the amount of ₱[amount] via [GCash/Maya/Bank Transfer/Remittance] to the account details provided by Respondent, as follows: a. Account Name: [name shown] b. Account Number/Wallet No.: [number] c. Bank/E-Wallet: [institution] d. Transaction/Reference No.: [ref] e. Proof of Payment: attached as Annex “C”.
After payment, Respondent acknowledged receipt and stated that [shipment/delivery details]. Respondent promised to provide tracking details [state when].
Despite repeated follow-ups on [dates], Respondent failed to deliver the item/service and instead gave various excuses such as [excuses]. Eventually, on [date], Respondent [blocked me / deactivated account / stopped replying]. Screenshots of our conversation and Respondent’s profile are attached as Annex “B” series and Annex “A”.
I did not receive the item/service, nor was my money returned. I suffered loss in the amount of ₱[amount], excluding incidental expenses such as [transport/data charges/etc.].
Based on the foregoing, Respondent used false pretenses and fraudulent representations to induce me to part with my money and thereafter failed to deliver or refund. These acts constitute swindling/Estafa and may also be considered an offense committed through information and communications technology.
I am executing this Complaint-Affidavit to initiate criminal proceedings against Respondent and to support the issuance of subpoenas to identify the person/s behind the accounts used, including requests to preserve and produce relevant records (subscriber information, transaction records, IP logs, and related data) from [platform] and [bank/e-wallet].

PRAYER

WHEREFORE, premises considered, I respectfully pray that the appropriate criminal charges be filed against Respondent [name/alias/“John/Jane Doe” if unknown] and that Respondent be required to answer this complaint. I further pray for such other reliefs as are just and equitable under the premises, including lawful requests for the preservation and production of records necessary to identify and prosecute the offender/s.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of __________ 20__ in __________, Philippines.

[Signature] [FULL NAME] Affiant

SUBSCRIBED AND SWORN to before me this ___ day of __________ 20__ in __________, Philippines, affiant exhibiting to me [ID type] with ID No. [number], valid until [date].

Notary Public

9) How to Handle “Unknown Scammer” Situations (John/Jane Doe)

Many victims don’t know the real identity. That’s common.

In your affidavit:

Name the respondent as “JOHN DOE / JANE DOE” (or “Account Holder of [number]”),
Identify them through:
- Account name shown in payment channel,
- Wallet/bank number,
- Social media handle and URL,
- Phone numbers used,
- Delivery rider details (if any).

Then request subpoenas for records that may reveal identity.

10) Evidence: How to Make Your Attachments “Prosecutor-Friendly”

A. Print format tips

Put a header/footer on each page if possible:
- “Annex B-1 of 12”
Use clear labels:
- “Messenger chat – Jan 5, 2026, 2:30 PM”
Don’t submit 200 random screenshots. Curate them.

B. Authentication tips (without overcomplicating)

In the affidavit, explain:

The screenshots were taken by you from your device,
They are true and correct copies of what you saw,
They show the messages/posts you relied on.

If you have original files or screen recordings, keep them.

C. Key “must-have” exhibits

The offer/listing
The agreement (price + promise)
Payment instruction
Proof of payment (with reference no.)
Failure/refusal/non-delivery / block
Identity anchors (handles, numbers, account name)

11) Drafting Pitfalls That Weaken Cases

No exact transaction details (amount, date/time, reference numbers).
Narrative does not match exhibits (dates inconsistent with screenshots).
Hearsay on identity (“My friend said the scammer is X”) without basis.
Overstating certainty (“He is definitely Mr. X of Barangay Y”) when you only have a handle—state what you know and what you infer.
Missing the inducement element: You must clearly show you paid because of misrepresentation/false promise.
Not showing demand/refusal: A follow-up message and refusal/ignore supports fraudulent intent.
Uploading edited screenshots that look altered; avoid heavy markup.

12) Notarization in Practice (Philippines)

A. What you need

Personal appearance before the notary,
Valid government ID(s),
Printed affidavit with space for signatures and jurat.

B. Notarial details matter

Ensure:

Your name matches your ID exactly,
ID type/number and validity appear in the jurat,
Pages are initialed if required by the notary.

C. Multiple complainants

If several victims complain together, each may:

Execute separate affidavits, or
Execute a joint affidavit if facts overlap (but clarity may suffer). Often, separate affidavits with consistent exhibits work better.

13) Filing Process Overview (Typical)

Prepare:
- Complaint affidavit (notarized),
- Copies (often 3–5 sets),
- Annexes (each set complete),
- Valid ID photocopy.
Submit to prosecutor’s office or designated receiving unit.
Docketing:
- You may get a case number for preliminary investigation.
Subpoena to respondent(s):
- They file counter-affidavit.
Resolution:
- Prosecutor determines probable cause and files information in court, or dismisses.
Court phase (if filed):
- Separate from preliminary investigation.

Parallel to this, you can pursue administrative and platform/banking remedies.

14) Recovery and Practical Remedies (Parallel Actions)

A criminal case is about prosecution; recovery is possible but not automatic. Consider parallel steps:

A. Bank/E-wallet actions

Report immediately and request an investigation or hold (success depends on timing and policies).
Provide:
- Proof of payment,
- Complaint affidavit,
- Account details.

B. Platform reporting

Report the account/post,
Request preservation of data (they may only respond to legal process).

C. Civil action (optional)

If identity and assets are found, civil claims may be pursued, sometimes alongside criminal action depending on counsel strategy.

15) Special Situations and How to Draft for Them

A. Fake online seller (no delivery)

Emphasize:

Listing + promise,
Payment,
Non-delivery,
Block/refusal.

B. “Task” scam / investment scam

Emphasize:

The inducement (promised returns),
Incremental payments,
Withdrawal blocks / “fees” demanded,
Fake dashboards and chats.

C. Phishing / unauthorized transfer

Emphasize:

How you lost control (OTP trick, fake link),
Unauthorized transactions timeline,
Bank notifications,
Immediate reporting steps.

D. Romance scam

Emphasize:

Relationship building + monetary requests,
Misrepresentations, fake identity claims,
Transfers, threats, extortion patterns.

Always stick to facts; avoid unnecessarily intimate details unless relevant to inducement.

16) Data Privacy and Safety Considerations

Redact sensitive info in copies you give to third parties if not required (e.g., full ID number), but keep unredacted originals for prosecutor/court if needed.
Don’t publicly post your affidavit online.
Keep your evidence chain intact; do not delete conversations, even if painful.

17) Quick Checklist Before You Notarize

Complete personal details and contact info
Exact dates, times, amounts, references included
Respondent identifiers: handle/URL/number/account name
Chronological narration is clear
Every key claim has an annex
Annexes labeled (A, B series, C, etc.)
Prayer requests subpoenas/preservation
You can truthfully swear to every statement
Names and numbers match screenshots exactly

18) Practical Enhancements That Often Help

Add a one-page “Summary of Transactions” as Annex “D”:
- Date | Amount | Channel | Account | Reference No. | Purpose
Add a “Respondent Identifiers” page as Annex “E”:
- Handle, profile link, phone numbers, wallet/bank details
Include your attempts to resolve:
- “I requested a refund on [date]; no response.”

These make prosecutors and investigators move faster.

19) Final Notes

A complaint affidavit is strongest when it reads like a tight story backed by clean exhibits: Who, what, when, where, how, how much, and what proof. If you draft it carefully, you increase the chances that authorities and institutions can identify the account holder, preserve records before they disappear, and evaluate probable cause.

If you paste your draft here (with personal details redacted), I can rewrite it into a cleaner, prosecution-ready complaint affidavit format and organize your annex list.