How to File a Cybercrime Complaint for an Online Casino Scam in the Philippines
This is general information for Philippine readers and not a substitute for tailored legal advice.
1) Snapshot: What counts as an “online casino scam”?
Typical fact patterns include:
- Fake “casino” or betting sites that disappear after deposits.
- Rigged platforms that prevent withdrawals, demand “taxes/verification fees,” or lock accounts after winnings.
- Social-engineering schemes (e.g., romance/“play this site to recover losses”) funnelling victims to a phony casino.
- Use of stolen/borrowed e-wallets or “mule accounts” to receive deposits.
These often involve both fraud (estafa) and cybercrime elements, sometimes coupled with access-device or anti-illegal gambling violations.
2) Legal bases commonly invoked
Cybercrime Prevention Act of 2012 (R.A. 10175)
- Covers computer-related fraud, illegal access, data interference, identity theft, and allied offenses.
- Section 6 increases penalties by one degree when crimes under the Penal Code/special laws are committed through ICT.
- Provides tools for data preservation, disclosure, and search/seizure of computer data via cyber warrants.
Revised Penal Code (Estafa/Swindling, Art. 315)
- Fraudulent inducement to part with money/property by deceitful means (e.g., misrepresenting a site as licensed, guaranteed returns, fake winnings).
Access Devices Regulation Act (R.A. 8484)
- For scams using stolen/unauthorized cards, numbers, OTPs, or account credentials.
Special gambling/financial laws (as facts warrant)
- Illegal online gambling; regulatory breaches where an operator masquerades as licensed.
- If the “casino” offers “investment-like” packages (profit guarantees, referral rewards), securities/anti-pyramiding angles may arise.
Rule on Electronic Evidence (A.M. No. 01-7-01-SC)
- Governs admissibility and evidentiary weight of electronic documents, screenshots, emails, logs, and metadata.
Rule on Cybercrime Warrants (A.M. No. 17-11-03-SC)
- Authorizes warrants to disclose subscriber info/logs, intercept/record data, and search/seize/examine devices and stored computer data.
3) Which government offices handle these cases?
NBI – Cybercrime Division (NBI-CCD): National-level investigations, digital forensics, coordination with service providers.
PNP – Anti-Cybercrime Group (PNP-ACG): Complaints, takedowns (through proper channels), forensic imaging, entrapment where viable.
Department of Justice – Office of Cybercrime (DOJ-OOC): Prosecution support, international cooperation, MLAT requests.
City/Provincial Prosecutor’s Offices: Preliminary investigation when a complaint-affidavit is filed (by victim or law enforcement).
Sectoral regulators for parallel relief:
- Bangko Sentral/financial institutions: transaction disputes, freezing attempts via the bank/e-money issuer’s fraud team.
- National Privacy Commission: if your personal data were misused or leaked.
- Relevant gaming regulator: verification/complaints about purported licensing claims.
4) Your step-by-step playbook
Step 0 — Safety & preservation (do this immediately)
- Stop transacting; do not “verify” with new payments.
- Preserve evidence (see checklist below). Do not alter devices. If possible, put affected devices in airplane mode and avoid deleting apps/chats.
- Notify your bank/e-wallet (GCash, Maya, banks, cards) to flag the transactions. File a dispute/chargeback where supported and request a freeze on recipient accounts. Move fast—some systems have short dispute windows.
- Change passwords/enable MFA on email, e-wallets, and messaging apps.
- If there’s extortion or threats, prioritize a police blotter and immediate report to PNP-ACG/NBI-CCD.
Step 1 — Prepare a strong complaint-affidavit
Your affidavit (subscribed and sworn before a prosecutor/notary) should include:
- Your identity and contact details.
- Narrative of facts in timeline form, with concrete dates/times, URLs, usernames, wallet addresses, and transaction references.
- Elements of the offenses you believe were committed (e.g., estafa via deceit, computer-related fraud).
- Modus details: how you found the site, who invited you, what you were promised, how the platform restricted withdrawals, fees demanded, etc.
- Loss computation (principal amounts, fees, exchange rates, net loss).
- Evidence list with annex markings (Annex “A,” “B,” etc.).
- Reliefs sought: criminal investigation and prosecution; data preservation and disclosure requests; coordination with financial institutions; request for takedown/blocking through proper channels.
- Verification/Jurat and any necessary consents (e.g., to examine your devices/data).
Tip: Keep your story chronological and factual. Avoid conclusions—let facts show deceit and ICT use.
Step 2 — File with NBI-CCD or PNP-ACG (or both)
- Bring your affidavit and original media (phones, laptops, drives) plus printed and electronic copies of evidence.
- Investigators can issue preservation letters to platforms, hosts, and e-money issuers; apply for cyber warrants through prosecutors/courts; and coordinate with other jurisdictions when assets or servers are offshore.
Step 3 — Parallel filing with the Prosecutor’s Office (optional but useful)
- You may file directly with the Office of the City/Provincial Prosecutor where any element occurred (e.g., where you made transfers, accessed the site, or where digital evidence is located) or await law enforcement’s referral.
- Attach your affidavit and annexes. Attend clarificatory hearings if set.
Step 4 — Civil and administrative remedies (in parallel)
- Money recovery: File a civil action for damages (or include civil liability with the criminal case). For smaller amounts, consider Small Claims (no lawyers required; threshold has been increased in recent years—check the current limit).
- Financial disputes: Continue following your bank/e-wallet/card issuer’s dispute process and escalate to their consumer protection units/regulators if needed.
- Data privacy complaint with NPC if the scam involved misuse/exposure of personal data.
5) Evidence: what to collect and how to keep it admissible
A. Core digital evidence
- Full URL(s), domain records, and dated screenshots of webpages, dashboards, balances, and error messages (include the device clock/status bar where possible).
- Chat logs (messenger, SMS, email) with full headers/metadata when available; export conversations if the platform allows.
- Transaction proofs: bank statements, e-wallet receipts, reference numbers, blockchain TXIDs, cashier screenshots, and chargeback correspondence.
- Account identifiers: usernames, user IDs, referral codes, phone numbers, email addresses, and nicknames used by handlers.
- Device information: make/model, OS version, app versions; list of installed apps used in the scam.
B. Forensic-friendly handling
- Keep original devices unmodified. If you must continue using a phone, avoid the scam apps/accounts and do not factory-reset.
- Provide investigators with read-only copies (USB) of exported data; label annexes clearly.
- Where possible, compute file hashes (e.g., SHA-256) for exported artifacts and note them in your evidence log to help prove integrity.
- Maintain a simple chain-of-custody log: who handled each item, when, and for what purpose.
6) Venue, jurisdiction, and cross-border issues
Venue can lie where any element occurred (where the deceit was received, payments made, accounts accessed) or where the computer data is located.
If servers, domains, or operators are offshore, investigators may seek:
- Subscriber information and traffic data from service providers (via preservation and disclosure requests).
- International cooperation (through DOJ channels) for production orders and evidence gathering.
Expect longer timelines when assets/persons are outside the Philippines. Good documentation and quick preservation greatly increase your odds.
7) Practical FAQs
Q1: Can I force the site to return my money by “reporting to PAGCOR” or a regulator? Not directly. Regulators can verify licensing claims and coordinate enforcement, but money recovery generally proceeds through criminal/civil channels and financial disputes (chargebacks, reversals, freezes).
Q2: I paid using an e-wallet; can it be reversed? It depends on speed, counterparty responsiveness, and whether funds remain in the recipient account. File a dispute immediately and provide case numbers from NBI/PNP to strengthen freeze requests.
Q3: Do screenshots count as evidence? Yes, electronic documents are recognized; authenticity and integrity matter. Preserve originals, export full chats, and keep metadata when you can.
Q4: The handler used a Philippine bank account. Is that helpful? Yes. Recipient accounts can be traced to KYC’d holders or mules. Banks can be asked—through proper legal channels—to freeze or produce records.
Q5: Can I get the site blocked? Blocking requires legal/regulatory process. Investigators can channel requests to the proper agencies once illegality is established.
8) Model complaint-affidavit outline (use as a drafting guide)
Title/Caption (e.g., “Affidavit-Complaint for Violation of R.A. 10175 in relation to Art. 315 RPC, and R.A. 8484”)
Affiant’s Personal Circumstances
Overview of the Scheme (1–2 paragraphs)
Chronology of Events (dated bullet list with times, URLs, handlers)
Elements of the Offenses and How Facts Satisfy Them
Amounts Lost and Computation (table annex)
Evidence/Annex List (A–Z with brief descriptions)
Reliefs Sought
- Request for investigation and prosecution
- Data preservation/disclosure to specified providers
- Coordination with banks/e-money issuers for freezes and KYC
- Coordination with gaming/telecom regulators for enforcement
Undertakings/Consent (for device examination and data processing for the case)
Verification and Jurat (with government ID)
9) Evidence checklist (printable)
- Government ID; contact details
- Timeline of events
- Website/app screenshots (with date/time visible)
- Chat/email logs (exported)
- Bank/e-wallet/card statements & receipts; reference numbers; TXIDs
- Names/handles/phone numbers/emails of handlers; referral codes
- Device details (model/OS/app versions)
- Hashes for exported files (if possible)
- Copies of disputes filed with bank/e-wallet/card network
- Any prior reports (police blotter, complaint reference numbers)
10) Strategy tips to improve outcomes
- Speed is leverage. Early preservation and bank disputes vastly improve recovery chances.
- Be precise. Dates, times, and identifiers help correlate logs from providers.
- Stay off the platform. Don’t negotiate with scammers or re-engage via new channels.
- Coordinate filings. Give your NBI/PNP case number to your bank/e-wallet and vice-versa.
- Expect a marathon, not a sprint. Cross-border cases and crypto/e-wallet hops take time; complete documentation is your friend.
11) When to consult a lawyer
- High losses; cross-border or syndicate-type operations
- Seizure/forfeiture strategy (to go after traced assets)
- Complex evidence (multiple devices, enterprise accounts, blockchain analytics)
- If you receive legal threats from the scammers (e.g., bogus “libel” claims to silence you)
Closing note
Filing a cybercrime complaint for an online casino scam is most effective when you move quickly, preserve evidence properly, and coordinate criminal, civil, and financial-dispute tracks. Use the roadmap above to prepare your affidavit and work with investigators and, where needed, counsel to push the matter forward.