How to File a Complaint for Fraud in the Philippines
An in-depth Philippine legal primer (updated to June 2025)
1. What “Fraud” Means in Philippine Law
| Statute | Common Title | Typical Acts Covered | Maximum Penalty |
|---|---|---|---|
| Art. 315, Revised Penal Code (RPC) | Estafa | Misappropriation, deceit in contracts, bouncing checks, false pretenses | Prisión correccional to prisión mayor (6 mos-20 yrs) + fine |
| Art. 318, RPC | Other Deceits | Swindling of minors, misleading ads, confidence games | Up to prisión correccional (6 mos-6 yrs) |
| B.P. 22 | Bouncing Checks Law | Issuing a check knowing there are no funds / withdrawn funds | Up to 1 yr or ₱200 000 fine (or both) |
| R.A. 8484 | Access Device Regulation | Credit-card cloning, skimming, unauthorised online purchases | 6 yrs-20 yrs + fine up to twice the fraud amount |
| R.A. 10175 | Cybercrime Prevention | Online estafa, phishing, identity theft; penalty one degree higher than the base crime | |
| R.A. 8799 | Securities Regulation | Investment scams, Ponzi schemes | 7 yrs-21 yrs + up to ₱5 M fine |
| R.A. 1405 / R.A. 9160 | Bank Secrecy & AMLA | Money-laundering aspects, asset freezing | Civil forfeiture + criminal liability |
Key takeaway: The same fraudulent act can trigger several laws at once (e.g., selling fake investments online = Art. 315 + R.A. 10175 + R.A. 8799). Cite all when you complain.
2. Should You File a Criminal, Civil, or Administrative Case?
| Option | Purpose | Forum | Filing Fee |
|---|---|---|---|
| Criminal complaint | Punish the fraudster; recover damages ex delicto | Office of the Provincial/City Prosecutor → RTC/MTC | None at prosecution stage |
| Independent civil action | Get actual/moral/exemplary damages | Regular trial courts / Small Claims (< ₱1 M) | Docket fees based on claim |
| Administrative/regulatory complaint | Revoke licences, impose fines | SEC, BSP, DTI, Insurance Commission, PRC, etc. | Usually none |
You may file the criminal and civil actions simultaneously (Art. 33, Civil Code) or reserve the civil action in the criminal case. Administrative remedies often speed up asset freezes and help in evidence gathering.
3. Where to Go First
Collect & Preserve Evidence Receipts, contracts, screenshots, chat logs, call recordings, bounced checks, bank print-outs, CCTV—keep originals; have certified photocopies.
Barangay Conciliation?
- Required only if all parties are natural persons who reside in the same city/municipality and the offense is punishable by ≤ 1 year or ≤ ₱5 000 fine (Katarungang Pambarangay Law).
- Estafa usually exceeds these limits, so you may skip barangay mediation, but bring a Certification to File Action if the punong-barangay still requires one.
Police or NBI Blotter (Optional but Helpful)
- PNP: nearest police station, Women & Children Protection Desk if minors are involved.
- NBI: Cybercrime Division (CCD) or Anti-Fraud Division; file an e-Complaint online or walk-in.
Draft an Affidavit-Complaint
- Narrate facts in chronological order.
- State elements of the specific crime (e.g., for estafa: obligation, deceit, damage).
- Attach documentary/photographic/digital evidence—label as Annex “A”, “B”, etc.
- Swear before a prosecutor, notary, or authorized public official.
File with the Office of the City/Provincial Prosecutor (OCP/OPP)
- No docket fee.
- Provide 4-6 sets: original for prosecutor + copies for each respondent (Art. 3, Rules on Electronic Evidence if digital).
- Get stamped “RECEIVED” copy; note the NPS docket number.
4. What Happens in the Prosecutor’s Office
| Stage | Timeline* | What to Expect |
|---|---|---|
| Docketing & raffling | 1-3 days | Assignment to an Assistant City/Provincial Prosecutor (ACP/APP) |
| Subpoena to respondent | Within 10 days | Respondent must file a Counter-Affidavit (usually 10 days, extendible) |
| Clarificatory hearing | Discretionary | Parties may be called to confront or explain |
| Resolution & Review | 30-60 days | Probable cause found → Information filed in court; otherwise, dismissal |
| Department of Justice Petition for Review | 15 days from receipt of dismissal/resolution | Optional administrative appeal |
*Actual times vary; high-profile cyber estafa can take longer.
5. Court Trial Flow (If Information Is Filed)
Arraignment & Plea
Pre-trial: marking of exhibits, stipulation of facts
Trial Proper
- Prosecution Evidence → Demurrer to Evidence? → Defense Evidence
Promulgation of Judgment
Civil Damages: automatically included unless reserved or previously paid (Art. 100, RPC).
Average estafa trial length: 2-5 years (can be shorter under continuous trial guidelines).
6. Parallel / Supporting Remedies
| Remedy | Why Use It |
|---|---|
| Freeze Orders / Asset Preservation under AMLA | Prevent dissipation of funds; apply via AMLC or Sandiganbayan (if public officers) |
| Search Warrant (Rule 126) | For computers, ledgers, hard drives; apply before RTC/MeTC/First-Level Cybercourt |
| Writ of Preliminary Attachment (Rule 57) | Secure assets in civil action if claim is ≥ ₱100 000 |
| Travel Watchlist / Hold-Departure Order | Request from DOJ for respondents facing large-scale or syndicated estafa |
| Witness Protection Program (WPP) | Security and allowances for whistle-blowers |
7. Statutes of Limitation (Prescription)
| Crime | Prescriptive Period | When Clock Starts |
|---|---|---|
| Estafa ≤ ₱1 200 000 | 10 years | Day crime is discovered (Art. 91, RPC) |
| Estafa > ₱1 200 000 | 15 years | “ |
| Cyber estafa | One degree higher → 15 years (Art. 90 w/ R.A. 10175) | “ |
| B.P. 22 | 4 years | Date of drawer’s written notice of dishonor |
Filing a complaint interrupts prescription.
8. Costs & Practical Tips
| Item | Typical Cost (Metro Manila) |
|---|---|
| Notarization of affidavit & annexes | ₱200 – ₱500 |
| Certified true copies / subpoena service | ₱10 – ₱50 per page |
| Electronic forensic imaging (private lab) | ₱10 000 – ₱50 000 |
| Lawyer’s professional fee | ₱30 000 – ₱500 000 + (fixed or per appearance) |
Self-representation? Allowed, but professional assistance is advisable—estafa is a complex, evidence-heavy crime.
9. Special Categories of Fraud
Online Selling / Marketplace Scams
- Report to PNP-ACG and DTI Fair Trade Enforcement Bureau.
- E-commerce platforms may freeze seller wallets if given NBI/PNP blotter.
Investment & Securities Fraud (Ponzi, Forex, Crypto)
- File with SEC Enforcement and Investor Protection Department and regular prosecutor.
- SEC advisory letters strengthen criminal case.
Credit-Card & E-wallet Fraud
- R.A. 8484 + R.A. 10175.
- Bank’s Fraud Management Unit can assist in tracing IP addresses.
Government Procurement Fraud
- Report to Ombudsman, COA Fraud Audit Office, or PCGG (if Marcos ill-gotten wealth).
10. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can I settle after filing? | Yes—Art. 89 allows civil compromise; the prosecutor may move to dismiss if fully paid before judgment. |
| Do I need a demand letter? | For estafa by misappropriation (Art. 315 §1-b) and B.P. 22, a written demand is required and should be annexed. |
| Can foreigners file? | Absolutely; jurisdiction is where the fraud was committed or where any element occurred (Art. 2, RPC). |
| What if the fraudster is abroad? | File the complaint; the court can issue a hold-departure order and red-tag the suspect through the Interpol Desk. |
| How long before I see my money back? | Recovery depends on available assets; civil execution (Rule 39) begins after final judgment unless the accused pays earlier or posts a bond. |
11. Checklist (Print-and-Use)
- Draft, sign, and notarize Affidavit-Complaint.
- Annex Demand Letter (if required).
- Gather Proof of Identity (ID, SPA if corporation).
- Organize Evidence, label annexes.
- Decide: Criminal / Civil / Administrative (or all).
- Consider Barangay Certification (if applicable).
- File at Prosecutor’s Office; keep received copy.
- Monitor subpoena deadlines; attend clarificatory hearings.
- Track prosecutor’s resolution; appeal if dismissed.
- If Information filed—coordinate with court; prepare to testify.
- Contemplate asset-freeze or attachment early.
12. Disclaimer & Final Pointers
This article is for general legal information only and is not a substitute for individualized legal advice. Laws and rules change; always consult the latest circulars (e.g., DOJ, Supreme Court Administrative Circular No. 89-2023 on electronic filing) or engage a licensed Philippine lawyer for your specific situation.
Tip: The strongest fraud cases pair complete documentary trails with swift filing—don’t wait until evidence (or the suspect) disappears.
By following the steps and principles above, victims can navigate the Philippine justice system efficiently and maximize their chances of both securing a conviction and getting their money back.