I. Introduction

Online shopping in the Philippines has exploded through platforms like Lazada, Shopee, Facebook Marketplace, Carousell, Instagram, and independent seller sites. Alongside convenience comes risk: fake stores, non-delivery, counterfeit goods, “switch-and-bait,” bogus return policies, and payment scams.

If you’ve been scammed, you are not powerless. Philippine law provides multiple remedies—civil, criminal, and administrative. The best approach depends on what happened, what evidence you have, and what outcome you want (refund, prosecution, shutdown of seller operations, damages, or all of the above).

This article walks you through: (1) what counts as an online seller scam, (2) which laws apply, (3) how to gather evidence, (4) where and how to file complaints, and (5) what to expect after filing.

II. What Counts as an Online Seller Scam?

Common scam patterns include:

Non-delivery after payment You pay via e-wallet/bank transfer/credit card; seller disappears or keeps delaying.
Delivery of wrong/defective item with refusal to refund Example: You ordered a phone, received a cheap replica; seller blocks you.
Counterfeit or misrepresented goods Listing says “original,” item is fake or materially different.
“Switch-and-bait” Seller displays one product but sends an inferior substitute.
Fake store / identity theft Seller uses stolen photos, fake receipts, or impersonates a known brand.
Payment diversion scams Seller pushes you to pay outside platform (GCash, bank transfer) to avoid protections.
Return/refund manipulation Seller files false dispute claims, uses altered unboxing videos, etc.

These may trigger liability under consumer protection laws, cybercrime statutes, fraud/estafa provisions, or all at once.

III. Key Laws You Can Use

Your case does not rely on only one law. Victims often invoke several, depending on facts.

A. Revised Penal Code (RPC): Estafa and Other Fraud

Estafa (Swindling) applies when a seller deceives you into paying and you suffer damage.
Typical basis: false pretenses made before or at time of transaction (e.g., claiming item is original, claiming stock exists, promising delivery with no intent to deliver).
Estafa is the most common criminal charge for online seller scams.

B. Republic Act No. 8792 – E-Commerce Act

Recognizes validity of electronic transactions and e-documents.
Strengthens enforceability of online contracts and evidence (screenshots, chats, e-receipts).

C. Republic Act No. 7394 – Consumer Act of the Philippines

Applies when the transaction is for personal/consumer use. Covers:

Deceptive, unfair, unconscionable sales acts
False, misleading advertising
Defective products and warranties
Remedies often pursued through DTI.

D. Republic Act No. 10175 – Cybercrime Prevention Act

If the scam uses ICT (online communications), estafa may become:

“Estafa committed by means of ICT” → generally treated more seriously.
Complaints can be filed with cybercrime units (PNP/ NBI).

E. Republic Act No. 9994 / 11967 and special consumer laws

If victim is senior citizen, person with disability, or transaction involves regulated goods (food, drugs, cosmetics), additional laws may apply.

F. Civil Code

Even without criminal prosecution, you can sue for:

Breach of contract
Damages (actual, moral, exemplary)
Rescission/refund

Civil actions can be filed alone or together with criminal cases (the civil action is often implied in estafa cases).

IV. First Steps After You Realize You’ve Been Scammed

Stop direct dealings that worsen your position
- Don’t send more money for “shipping,” “customs,” or “release fees.”
- Avoid off-platform payments.
Preserve evidence immediately
- Save everything before chats disappear or sellers delete pages.
Use platform remedies first
- File a dispute/refund claim through the platform right away.
- This doesn’t prevent criminal or DTI action later.
Notify your payment provider
- GCash/Maya/bank/credit card chargeback channels sometimes help recover money.
- Still collect evidence even if you get refunded—fraud may continue against others.

V. Evidence Checklist (Crucial)

To win a case, evidence matters more than anger. Gather:

A. Proof of transaction

Order confirmation page
Digital invoice/receipt
Payment screenshots (GCash/Maya/bank transfer/credit card)
Reference numbers and timestamps

B. Communications

Full chat logs (not just selected lines)
Seller’s promises, representations, and excuses
Any off-platform instructions
Screenshots should show seller username and date/time if possible

C. Listing / advertisement

Screenshots of product page
Price, description, photos, seller profile, ratings
URLs or store identifiers

D. Delivery evidence

Waybill, courier tracking
Photos/videos of package before opening
Unboxing video showing label and contents
Photos of wrong/defective/counterfeit item

E. Identity / traceable details

Seller name, mobile number, bank or e-wallet account
Store registration data (if visible)
Social media profile links
Any business permits shown

Tip: Organize all evidence in a single folder, labeled chronologically.

VI. Where to File Your Complaint

You have multiple venues. Choose based on your goal:

Option 1: E-Commerce Platform Dispute System

Goal: refund/return fast. Best for: platform-based payments and shipping. Limitations: can’t jail a scammer; only platform sanctions.

Proceed via platform help center:

Submit evidence, unboxing video, chat screenshots.
Escalate to customer protection if seller contests.

Even if successful, keep evidence for possible legal case.

Option 2: DTI Complaint (Consumer Act / E-commerce rules)

Goal: refund, penalties, mediation; administrative action vs seller/platform. Best for: deceptive sales, non-delivery, counterfeit goods, refusal to honor refunds.

How to file:

Prepare a complaint narrative (see template below).
Attach evidence.
File through DTI’s consumer complaint channels (regional office or online portal/email).
DTI usually schedules mediation between you and seller.

Possible outcomes:

Refund/return agreement
Replacement
Administrative sanctions
Referral to other agencies

DTI is often the fastest legal route for consumer refunds.

Option 3: PNP Anti-Cybercrime Group (ACG)

Goal: criminal investigation and prosecution. Best for: large fraud, multiple victims, deliberate scam operations.

Process:

Go to nearest PNP-ACG office or cybercrime desk.
Submit affidavit-complaint and evidence.
They may conduct tracing, subpoenas, and case build-up.

Option 4: NBI Cybercrime Division

Goal: criminal investigation with stronger forensic capability. Best for: organized scams, cross-platform fraud, identity masking.

Same basic process as PNP:

Affidavit + evidence
NBI may issue subpoenas to platforms and payment providers.

Option 5: Office of the Prosecutor (City/Provincial)

Goal: formal criminal case (estafa/cyber estafa). Best for: when you already have enough evidence and identity details.

You can file directly even without PNP/NBI, but law enforcement help is useful if identity is unclear.

Steps:

Draft notarized affidavit-complaint.
Attach evidence.
File at Prosecutor’s Office where:
- you reside, or
- seller resides, or
- where transaction or damage occurred (facts-dependent).
Prosecutor conducts preliminary investigation.
If probable cause exists, an Information is filed in court.

VII. How to Write an Affidavit-Complaint (Template)

Below is a practical structure. Keep it factual, chronological, and supported by attachments.

A. Caption

“Affidavit-Complaint for Estafa (and/or Cyber Estafa), Violation of the Consumer Act, etc.”

B. Personal details

Your name, age, address, contact.
Seller’s name/username, store name, known address/number/e-wallet/bank.

C. Facts Write in numbered paragraphs, chronological:

When and where you saw the listing (platform, store name, link).
What the seller represented (price, authenticity, delivery time).
Your reliance on those representations.
How and when you paid (method, reference no.).
What happened after payment (delays, excuses, blocking).
What actual item/service you received (if any).
How you were damaged (amount lost, inconvenience).
Your attempts to resolve (platform dispute, messages).

D. Evidence list

“Attached as Annex A: screenshot of listing…”
“Annex B: GCash payment receipt…” etc.

E. Legal basis A simple statement is enough, e.g.:

“Respondent employed false pretenses and deceit to induce payment, causing damage, constituting Estafa under Article 315 of the RPC, committed through ICT punishable under RA 10175.”

F. Prayer State what you want:

Prosecution and appropriate penalties
Restitution/refund
Damages, if applicable

G. Verification and signature

Sign, include government ID.
Notarize.

VIII. Preliminary Investigation: What to Expect

After filing:

Issuance of subpoena to seller
- Seller is asked to submit counter-affidavit.
Exchange of affidavits
- You may reply to their defenses.
Resolution
- Prosecutor decides if probable cause exists.
If probable cause found
- Case goes to court.
- Warrant may be issued depending on circumstances.
If dismissed
- You can seek reconsideration or re-file if new evidence arises.

IX. Common Defenses Sellers Use (and How to Counter)

“Shipment delay only”
- Counter with proof of repeated broken promises, blocking, fake tracking.
“Buyer error / changed mind”
- Show clear order details and unboxing proof.
“Not me, someone used my account”
- Highlight payment destination tied to seller, login activity, chats.
“Item delivered as described”
- Provide listing vs actual item comparison and expert confirmation if counterfeit.
“Refund already issued”
- If true, it may reduce damages but doesn’t erase criminal liability if deceit existed.

X. Special Issues

A. If seller identity is unknown

You can still file:

Provide platform store link and all payment account details.
PNP/NBI can subpoena platform/payment providers for KYC info.

B. If transactions happened off-platform

Harder but still actionable:

Your chats and payment records become primary proof.
Expect more need for law enforcement tracing.

C. If amount is small

You may still file. Practical options:

DTI mediation for refund.
Small claims court for civil recovery (no lawyer required).
Criminal case still possible if deceit is clear.

D. Multiple victims

Encourage collective reporting:

Scams get prioritized when patterns are shown.
Provide names/contact of co-victims if they consent.

XI. Practical Strategy: Which Route Should You Take?

A good escalation ladder:

Platform dispute / refund system (fastest)
DTI complaint (administrative + refund teeth)
PNP-ACG or NBI cybercrime report (for tracing + case build-up)
Prosecutor filing for cyber estafa/estafa (formal criminal prosecution)
Civil suit / small claims (if you prioritize money recovery)

You can run DTI and criminal routes in parallel.

XII. Tips to Improve Your Chances

File early. Time helps scammers vanish.
Be organized. Prosecutors love clean evidence folders.
Stick to facts. Avoid exaggeration; credibility matters.
Show deceit clearly. Estafa needs proof you were induced by false claims.
Keep duplicates. Save evidence on cloud & offline drive.
Attend mediation/investigation dates. Non-appearance can delay or weaken your case.

XIII. Prevention Notes (So You Don’t Get Scammed Again)

Pay only through platform escrow systems.
Avoid sellers who force outside payments.
Check store history, ratings, and negative reviews.
Record unboxing for high-value items.
Be skeptical of prices “too good to be true.”
Verify sellers for branded/expensive goods.

XIV. Conclusion

Filing a case against an online scammer in the Philippines is absolutely doable if you act quickly and build evidence properly. The law is on your side, especially when deception and damage are clear. Start with platform remedies for speed, then escalate through DTI and cybercrime channels, and file estafa/cyber estafa with prosecutors if needed.

If you want, I can draft a polished affidavit-complaint based on your exact story and evidence list—just paste the timeline and details (no need to share sensitive numbers publicly; you can redact them).