How to File a Complaint for Online Shopping Fraud in the Philippines (DTI, PNP-ACG, NBI-CCD)

Last updated for general guidance as of 2025. This article is for information only and is not a substitute for legal advice.

I. Overview

Online shopping fraud ranges from “no delivery” scams and fake listings to bait-and-switch, counterfeits, hacked accounts, phishing-driven payments, and chargeback abuse. In the Philippines, victims typically have three complimentary tracks:

  1. Administrative/consumer protection – Department of Trade and Industry (DTI) for deceptive sales and unfair trade practices (civil/administrative remedies such as mediation, refunds, and administrative penalties on businesses).
  2. Criminal investigation – PNP Anti-Cybercrime Group (PNP-ACG) and/or NBI Cybercrime Division (NBI-CCD) for estafa, computer-related fraud, identity theft, and related offenses.
  3. Civil recovery – Small claims or ordinary civil actions for money claims and damages, often pursued after (or alongside) administrative or criminal action.

These tracks can run in parallel. You may also notify your bank/e-wallet, the online platform/marketplace, and your telco.

II. Key Laws and Legal Theories

  • Consumer Act of the Philippines (R.A. 7394): Prohibits deceptive, unfair, and unconscionable sales acts and practices. DTI enforces consumer protection for goods and services (including e-commerce).
  • E-Commerce Act (R.A. 8792): Validates electronic documents and signatures, allowing screenshots, electronic receipts, and online chat logs to serve as evidence when properly presented.
  • Cybercrime Prevention Act (R.A. 10175): Penalizes computer-related fraud/forgery, illegal access/interception, and cyber-related offenses; provides for real-time collection/preservation of data subject to legal processes.
  • Revised Penal Code (Art. 315): Estafa (swindling) for deceitful acts (e.g., collecting payment and failing to deliver with intent to defraud).
  • Access Devices Regulation Act (R.A. 8484): Covers fraud involving credit/debit cards and access devices.
  • Data Privacy Act (R.A. 10173): For doxxing, identity theft, and breaches of personal data.
  • SIM Registration Act (R.A. 11934): Supports tracing of SIM-based scams; report numbers used in the fraud to your telco.

Proof standards differ: DTI cases are administrative; criminal cases require proof beyond reasonable doubt; civil cases require preponderance of evidence.

III. Evidence: What to Preserve Immediately

Create a secure evidence folder. Keep original digital files (not just screenshots) wherever possible.

  1. Transaction trail

    • Order/invoice/OR, delivery tracking, marketplace order IDs.
    • Payment records: bank transfer slips, e-wallet reference numbers, credit card charge slips or statements.

  2. Communications

    • Full chat/email threads with seller, including timestamps and usernames/IDs.
    • Marketplace dispute tickets and platform messages.

  3. Listing and representations

    • Screenshots and saved webpages of the item page, seller profile, and promised features/price.

  4. Identity details of the seller

    • Display name, store name, phone number, email, social links, bank account or e-wallet handle, couriers used.

  5. Device/forensic artifacts (if applicable)

    • Phishing pages (URL, full page capture), malware alerts, IP/email headers.

  6. Loss computation

    • Item price, shipping, taxes/fees, consequential losses (if any), and remedies requested (refund/replacement).

  7. Affidavits

    • Your Complaint-Affidavit and any witness affidavits, subscribed before a prosecutor, notary, or authorized officer.

Tip: Export chats or emails to PDF, keep original image/video files, and note date/time captured. Avoid editing files; if you must annotate, keep an unedited copy.

IV. Track A — Filing a Consumer Complaint with DTI

A. When DTI is Appropriate

  • Seller is a business (including online merchants and marketplace stores).
  • Issues: non-delivery, defective/counterfeit items, false advertising, price deception, unfair sales tactics, warranty breaches.
  • Goal: Mediation (refund/replacement), compliance orders, and administrative sanctions against erring businesses.

DTI can handle cross-border e-commerce issues on a best-efforts basis (e.g., via platform engagement), but jurisdiction and enforcement are stronger when the seller or platform is operating in/registered in the Philippines.

B. Where and How to File

  • Venue: Any DTI Provincial/Regional Office or the DTI consumer complaint portals/hotlines (if using online channels).

  • Who may file: The consumer (you), authorized representative (with SPA), or a parents/guardian for minors.

  • What to file:

    1. Complaint Form/Letter – Clear statement of facts and relief sought.
    2. ID – Government-issued.
    3. Evidence – See Section III.
    4. Proof you tried to resolve (optional but helpful) – demand email/letter or platform dispute record.

C. Process Snapshot

  1. Intake & Evaluation – DTI checks jurisdiction and completeness.
  2. Mediation/Conciliation – DTI invites the seller for a session (often remotely). Many disputes resolve here with refund, repair, replacement, or store credit.
  3. Show-Cause / Adjudication – If unresolved and violations appear, DTI may issue show-cause orders and proceed with administrative adjudication.
  4. Resolution & Enforcement – Orders for corrective action and administrative fines/penalties as allowed by law and issuances.

D. Practical Notes

  • Identify whether the seller is a platform-verified store, a marketplace merchant, or direct seller via social media. Provide links and order IDs.
  • If the seller is unregistered or a fly-by-night account, DTI may work with platforms and other agencies but criminal or bank/telco routes may yield faster recovery/freeze of funds.

V. Track B — Filing a Criminal Complaint with PNP-ACG or NBI-CCD

A. When to Go to Law Enforcement

  • Clear intent to defraud (e.g., “paid, then blocked,” fake waybills, cloned pages), organized fraud rings, identity theft, phishing, carding, mule accounts, or high-value loss.
  • Urgent need to preserve electronic evidence, trace accounts, or freeze proceeds through coordination with financial institutions and prosecutors.

B. Choosing Between PNP-ACG and NBI-CCD

  • Both investigate cybercrime nationwide. You may approach either (or whichever office is accessible).

  • Where to start:

    • PNP-ACG: Police-led cybercrime units and regional offices.
    • NBI-CCD: NBI’s cybercrime divisions/units.

You can also proceed directly to the Office of the City/Provincial Prosecutor for inquest/preliminary investigation if an offender is identified; law enforcement commonly assists in case build-up.

C. Standard Requirements

  1. Complaint-Affidavit detailing the facts (who, what, when, where, how), with attachments (Section III evidence).
  2. Valid IDs of complainant and witnesses.
  3. Contact details and addresses (for notices).
  4. Authorization if filing through a representative.

Bring original devices or unaltered copies for forensic imaging if requested. Do not delete chats or reset phones.

D. Typical Offenses and Angles

  • Estafa (Art. 315) – deceit + damage; commonly charged for “paid but no delivery.”
  • Computer-Related Fraud/Illegal Access (R.A. 10175) – phishing, account takeovers, manipulated transactions.
  • Access Devices violations (R.A. 8484) – card/e-wallet fraud.
  • Identity Theft / Data Privacy violations – for impersonation and unauthorized processing of personal data.

E. The Flow

  1. Report/Intake – Statement taking; evidence inventory.
  2. Digital Forensics & Tracing – Subpoenas/coordination with platforms, banks/e-wallets, and telcos.
  3. Filing with Prosecutor – Inquest (if suspect arrested) or Preliminary Investigation (if at large).
  4. Court Proceedings – Upon finding of probable cause, information is filed in court.

VI. Track C — Civil Recovery (Small Claims & Other Actions)

  • Small Claims: Monetary claims (e.g., refund) without lawyers up to the current threshold (check the latest Supreme Court rules; as of 2023, widely publicized at ₱1,000,000). File where the plaintiff or defendant resides or where the cause of action arose. Attach evidence and prior demand.
  • Ordinary Civil Action: If claim exceeds the threshold or involves complex damages.
  • Barangay Conciliation: Generally not required for criminal cases and not applicable if the defendant is a corporation or the parties reside in different cities/municipalities; check local rules before filing.

VII. Banks, E-Wallets, Platforms, Couriers, and Telcos

Act fast—time is critical for fund recovery and account freezes.

  1. Bank / E-Wallet

    • Report an unauthorized transaction or fraud via your bank/e-wallet’s consumer assistance channel.
    • Ask for a temporary hold/freeze on the recipient account and lodge a chargeback (for cards) or dispute (for transfers) per their rules.
    • Keep case numbers and acknowledgments.

  2. Marketplace / Platform

    • File through the platform’s order dispute system. Provide the same evidence set.
    • Request platform-level remedies: refund, return/replacement, seller takedown, account suspension.

  3. Courier

    • If a courier/3PL is involved, file a loss/damage claim (subject to the airway bill and terms).

  4. Telco

    • Report scam numbers used to solicit payments or OTPs; ask for blocking and provide incident details.

  5. BSP Consumer Assistance

    • For unresolved bank/e-money complaints, elevate to the Bangko Sentral ng Pilipinas consumer desk after you complete the provider’s internal process.

VIII. Step-by-Step: Your Action Plan

Day 0–1: Preserve and Notify

  1. Gather and secure all evidence (Section III).
  2. Notify bank/e-wallet to dispute/freeze funds; obtain reference numbers.
  3. Open a platform dispute (if via marketplace).
  4. If high-risk/organized fraud, report to PNP-ACG/NBI-CCD immediately to preserve data trails.

Day 2–7: File Your Complaints 5. DTI consumer complaint for deceptive/unfair practices (mediation aim: refund/replacement). 6. Law enforcement complaint (PNP-ACG or NBI-CCD) for criminal investigation. 7. Consider a Demand Letter (email + registered mail) to the seller stating facts and remedies sought, giving a reasonable deadline (e.g., 5–7 days).

Week 2+: Follow-Through 8. Attend mediation (DTI) and cooperate with investigators (PNP/NBI). 9. If unresolved and amount fits, lodge a Small Claims case; otherwise, consult counsel for civil/criminal prosecution strategy. 10. Keep a case log: dates, actions taken, contacts, and outcomes.

IX. Drafting a Complaint-Affidavit (Template Outline)

  1. Title/Heading: “Complaint-Affidavit”

  2. Affiant’s Details: Name, age, nationality, civil status, address, contact.

  3. Narrative of Facts:

    • How you discovered the listing/seller.
    • What was promised (attach listing capture).
    • How much you paid (attach proof) and when.
    • What happened next (non-delivery/defect; attach chats/emails).
    • Any steps to resolve (demands, platform dispute).

  4. Offenses/Violations Invoked:

    • Estafa; Computer-Related Fraud; Deceptive Sales; etc.

  5. Damages/Losses: Principal amount, incidental expenses.

  6. Reliefs Sought:

    • Refund/replacement, prosecution, preservation orders, and coordination with banks/platforms.

  7. Attachments: Label as Annex “A”, “B”, … with short descriptions.

  8. Verification and Undertaking: That facts are true and evidence is authentic.

  9. Jurat: Signed and subscribed before authorized officer (with ID reference).

Prepare a concise version for DTI mediation and a detailed version for law enforcement/prosecutor.

X. Jurisdiction, Venue, and Practical Strategy

  • DTI: Best when the seller is a business subject to Philippine consumer protection. It’s faster for refunds but not a substitute for criminal prosecution.
  • Criminal: File where any element of the crime occurred (e.g., payment initiated, deceit conveyed, damage suffered) or as allowed by special rules for cybercrime. If the suspect is unknown, law enforcement can help trace identities.
  • Civil: File where the plaintiff or defendant resides or where the cause of action arose (see latest small claims rules).

Strategic tips

  • Lead with bank/e-wallet dispute for quick relief, then DTI mediation, while preparing PNP/NBI complaints if fraud is clear.
  • If the seller is offshore or anonymous, platform/bank/telco cooperation plus law enforcement tracing may be the only viable route to recovery.
  • Keep communications professional; never threaten illegally (e.g., doxxing).

XI. Common Scenarios

  1. Paid via e-wallet to a personal account; seller disappears

    • Rapidly flag the transaction with your e-wallet/bank and file with PNP-ACG/NBI-CCD for trace/freeze assistance.
    • DTI may still help if the seller is a business operating locally; otherwise prioritize criminal and platform routes.

  2. Received counterfeit goods from a marketplace store

    • DTI for deceptive sale + platform dispute for return/refund.
    • Consider criminal complaint if organized counterfeit ring or large loss.

  3. Phishing page captured your card details

    • Block card, dispute unauthorized charges, report to PNP/NBI.
    • Preserve URL, page capture, and SMS/email headers.

XII. Frequently Asked Questions (FAQ)

Q1: Can I file with DTI and PNP/NBI at the same time? Yes. Administrative and criminal proceedings are independent. DTI can help with consumer redress; PNP/NBI address crimes.

Q2: What if the seller is a private individual, not a registered business? DTI’s leverage may be limited. Focus on criminal (estafa/cybercrime) and civil remedies, plus platform and bank/e-wallet processes.

Q3: Do I need a lawyer? Not for DTI mediation or Small Claims. For criminal complaints and complex cases, having counsel is advisable.

Q4: How long does it take? Timelines vary. Bank disputes can be quick; DTI mediation is typically scheduled within weeks; criminal and civil cases take longer.

Q5: Can I remain anonymous? Generally no—complainants identify themselves. You may request confidentiality of certain personal data, but authorities need your identity.

XIII. Checklists

A. DTI Filing Checklist

  • Complaint letter/form with contact details
  • Government ID
  • Purchase proof and payment records
  • Screenshots of listing and chats
  • Platform dispute number (if any)
  • Preferred remedy (refund/replacement/repair)

B. PNP-ACG / NBI-CCD Filing Checklist

  • Complaint-Affidavit (signed and subscribed)
  • Valid ID
  • Full evidence set (raw files + screenshots)
  • Devices for imaging (if requested)
  • List of accounts (bank/e-wallet/phone numbers/emails) involved
  • Computation of loss

C. Civil / Small Claims Checklist

  • Statement of claim and attachments
  • Proof of payment and communications
  • Demand letter and proof of receipt (if available)
  • Filing fees (as assessed by the court)

XIV. Final Pointers

  • Move fast—the earlier you act, the higher the chance of fund recovery and data preservation.
  • Keep everything documented and organized; label annexes clearly.
  • Be truthful and consistent across DTI, PNP/NBI, bank, platform, and court filings.
  • Consider personal safety; avoid in-person confrontations with suspected scammers.
  • Reassess after mediation/investigation outcomes whether to escalate to civil or further criminal action.

Sample One-Page Demand Email (Editable)

Subject: Demand for Refund/Delivery – Order #[OrderID] dated [Date]

Dear [Seller/Store Name],

I purchased [Item] for ₱[Amount] on [Date] via [Platform/Channel] and paid through [Bank/e-wallet, Ref. No.]. You [failed to deliver / delivered a defective/counterfeit item] contrary to your listing’s representations (see attached order page and communications).

Pursuant to the Consumer Act and relevant laws, I demand [refund/replacement] within [5] days from receipt of this email. Otherwise, I will file a complaint with DTI and a criminal complaint for [estafa / cyber fraud] with PNP-ACG/NBI-CCD, and pursue additional remedies.

Please reply to confirm your action.

Sincerely, [Your Full Name] [Mobile / Email] [Address]

If you want, I can tailor these steps to your specific facts (platform used, payment method, amounts, and what evidence you already have) and draft a ready-to-file complaint package.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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