How to File a Complaint Against an Online-Selling Scam in the Philippines (Updated as of 24 June 2025)

This article is for general information only and does not constitute legal advice. Where stakes are high, consult a Philippine lawyer or the appropriate government office.

1. The Legal Landscape

Governing Law	What It Covers	Possible Sanctions
Consumer Act of the Philippines (RA 7394)	deceptive or unconscionable sales acts and practices	Administrative fines (up to ₱300,000 per transaction, max ₱1 million in aggregate) and closure of business
E-Commerce Act (RA 8792)	validity and admissibility of electronic documents and signatures	Fines up to ₱1 million and/or 6 years’ imprisonment
Cybercrime Prevention Act (RA 10175)	online fraud, computer-related offenses, aiding/abetting scams	Prision mayor (6–12 years) + fine up to ₱500,000, plus civil damages
Revised Penal Code – Estafa (Art. 315)	deceit causing another to part with money/property	Up to 20 years’ imprisonment (depending on amount)
Data Privacy Act (RA 10173)	unlawful use or breach of personal data in scams	Fines ₱500,000–₱5 million + 1–6 years’ imprisonment
Small Claims Rules (A.M. 08-8-7-SC, as amended)	civil recovery up to ₱400,000 without lawyers	Payment of claim + costs; decision within 30 days

2. What Qualifies as an Online-Selling Scam?

Non-delivery of paid goods
Delivery of counterfeit/defective items
“Dopplegänger” stores pretending to be legitimate brands
“Bait-and-switch” ads or price manipulation
Fake proof-of-shipment / forged tracking numbers
Advance-payment or “investment” schemes masquerading as online shops
Phishing shops that steal payment credentials

Under Philippine law, any deceitful act that induces a consumer to part with money or property is actionable.

3. Evidence You Need to Preserve

Screenshots of product pages, ads, and the seller’s profile/URL.
Order confirmations, invoices, or e-receipts (download or print).
Chat/email logs including timestamps.
Payment records (GCash, Maya, bank transfers, credit-card SOA).
Waybills or tracking information (even if fake).
Actual product received (keep original packaging for inspection).
Affidavit of testimony (optional but helpful in criminal cases).

Tip: Back-up in two places; for digital proofs, save original files rather than screenshots alone.

4. Your Remedies and Where to File

Track	Where to Go	Jurisdiction	Typical Timeline
Administrative / Consumer	Department of Trade and Industry (DTI) – Fair Trade Enforcement Bureau (FTEB) or any Provincial/Regional Office	Violations of RA 7394; seller based in the Philippines (individual or business)	10-day mediation → 30-day adjudication if unresolved
Criminal	PNP Anti-Cybercrime Group (ACG), NBI-Cybercrime Division, or Office of the City/Provincial Prosecutor	Estafa, RA 10175, falsification, identity theft	15-40 days for inquest/preliminary investigation; warrant issuance thereafter
Civil (damages)	First-Level Court via Small Claims (≤ ₱400k) or Regular Trial Court (> ₱400k)	Recovery of money/property, moral/exemplary damages	Small claims decision within 30 days; appeal limited
Payment-related dispute	Bangko Sentral-supervised entities (GCash, Maya, banks) or card-issuing banks	Charge-back, unauthorized transfers	7–45 days depending on issuer rules
Investment-type scams	Securities and Exchange Commission (SEC) – Enforcement and Investor Protection Dept.	Unregistered securities, investment solicitation	60-day fact-finding; possible cease-and-desist order

5. Step-by-Step: Filing an Administrative Complaint with DTI

Attempt to Settle Message the seller/marketplace first; many platforms require this before escalation.
Download and Fill Out the DTI Consumer Complaint Form Available at any DTI office or online portal (E-Consumer Complaint Handling System).
Attach Your Evidence Label exhibits (e.g., “Annex A – Chat Screenshot,” “Annex B – GCash Receipt”).
File Submit in person, by email, or via the DTI Consumer Care Hotline (1-384) for e-filing.
Pay Filing Fee Currently ₱230 (single complainant) to cover docketing and summons.
Mediation (10 calendar days) DTI mediator facilitates settlement; if successful, parties sign a Compromise Agreement enforceable in court.
Adjudication / Arbitration If mediation fails, a Consumer Arbitration Officer conducts hearings, issues a Decision within 30 days, imposing fines or restitution.
Appeal Aggrieved party may elevate to the DTI Secretary within 15 days, then to the Court of Appeals via Rule 43.

6. How to Initiate a Criminal Case

Prepare Sworn Statement (Sinumpaang Salaysay) detailing facts and attaching evidence.
File a Complaint-Affidavit with the PNP-ACG, NBI, or local prosecutor’s office.
Inquest (if offender arrested) or Preliminary Investigation (if at large).
Information filed in court → Judge issues Warrant of Arrest or Subpoena.
Trial under regular criminal procedure; prosecution must prove deceit beyond reasonable doubt. Civil damages may be awarded within the criminal action.

Note: Estafa’s prescriptive period is 20 years (Art. 90, RPC); cyber-estafa follows the same rule.

7. Civil Action: Small Claims at a Glance

Amount in controversy ≤ ₱400,000 (inclusive of interest & penalties).
No lawyers needed; parties appear personally.
Forms-driven: Statement of Claim, Verification, Certification of Non-Forum-Shopping.
One-Day Hearing; judge issues decision on the same day or within 24 hours.
Decision is final, executory, and unappealable except on limited grounds (grave abuse).

8. Special Situations

Scenario	Added Notes
Seller based overseas	Philippine courts/DTI lack jurisdiction over the person, but you may pursue platform complaint, credit-card charge-back, or Mutual Legal Assistance via DOJ-OOC if amount is significant.
Platform already refunded you	You may still lodge administrative/criminal action to penalize the seller and deter repetition.
Scam via social media live-selling	Same laws apply; consider reporting the account to Meta/TikTok + filing with PNP-ACG.
Data-privacy breach in transaction	Also report to the National Privacy Commission within 72 hours if personal data was compromised.

9. Prescriptive Periods Recap

Cause of Action	Time Limit to File
Consumer Act administrative complaint	2 years from discovery of violation
Estafa (criminal)	20 years from commission of offense
Cybercrime offenses	same as underlying crime (estafa)
Civil action on contract	10 years from breach (Art. 1144, Civil Code)
Small Claims	within prescriptive period applicable to contract/tort

10. Practical Tips to Strengthen Your Case

Use Cash-on-Delivery (COD) or escrow-type payment when available.
Communicate within the platform’s chat (e.g., Shopee, Lazada) because logs are easier to authenticate.
Record screen-capture videos during checkout as additional proof.
Send payment only to accounts in the seller’s name; mismatched payees raise red flags.
Keep an e-folder labelled by date for every online purchase.
For bulk or high-value orders, run a quick SEC and DTI business-name search before paying.

11. Frequently Asked Questions

Q: Can I sue the platform itself? A: Under RA 7394, platforms can be held solidarily liable only if they fail to exercise ordinary diligence (e.g., ignoring takedown requests). Practical route: pursue the seller first; sue the platform if evidence shows complicity or negligence.

Q: Is mediation mandatory? A: For DTI complaints, yes. For criminal and civil court actions, mediation is either optional or court-annexed but generally encouraged.

Q: What if the scam amount is small (₱500)? A: You may still file, but weigh the cost-benefit. DTI and small claims are low-cost remedies; at minimum, reporting helps build a record against repeat offenders.

12. Checklist Before You File

Screenshot product listing and price
Save full chat thread and seller profile link
Secure electronic receipt / payment proof
Draft timeline of events (dates, times)
Prepare government-issued ID (for filing)
Complete and print DTI or court forms
Have Sworn Statement notarized (for criminal case)
Budget filing/transport fees (₱300–₱2,000)

13. Key Contacts (2025)

Office	Hotline / Email	Notes
DTI Consumer Care	1-384 / consumercare@dti.gov.ph	National intake center
DTI Fair Trade Enforcement Bureau	+63 2 7791-3338	For Metro Manila walk-ins
PNP Anti-Cybercrime Group	(02) 8723-0401 loc. 7491	24/7 cybercrime desk
NBI-Cybercrime Division	(02) 8523-8231 loc. 3058	File e-complaint via https://complaint.nbi.gov.ph
SEC Enforcement & Investor Protection	epd@sec.gov.ph	For investment-type scams
National Privacy Commission	privacycomplaints@privacy.gov.ph	For data breaches

14. Bottom Line

Filing a complaint in the Philippines is evidence-driven and timeline-sensitive.

Document everything immediately.
Choose the right forum—DTI for consumer redress, police/NBI for criminal prosecution, courts for money recovery.
Act within the prescriptive period to preserve your rights. When you combine solid evidence with the proper legal track, even small-value online scams can be resolved and offenders held accountable.