How to File a Scam Complaint in the Philippines
A practitioner-oriented guide to criminal, civil, and administrative remedies
Disclaimer: This article is for information only and is not a substitute for individualized legal advice. Statutes and rules cited are current as of 27 June 2025.
1. Understanding What Counts as a “Scam”
| Common Scenario | Possible Legal Classification | Key Statutes |
|---|---|---|
| You paid for merchandise that never arrived | Estafa (swindling) | Art. 315, Revised Penal Code (RPC) |
| Online seller received payment and blocked you | Estafa and Cybercrime | Art. 315 RPC in relation to RA 10175 (Cybercrime Prevention Act) |
| Unlicensed “investment” promising 20 % monthly returns | Securities fraud / Investment scam | RA 8799 (Securities Regulation Code); RA 11765 (Financial Products & Services Consumer Protection Act) |
| Unauthorized credit-card or e-wallet use | Access device fraud | RA 8484 (Access Devices Regulation Act) |
| Scareware / phishing that steals banking credentials | Computer-related identity theft | RA 10175 |
Any of these can give rise to:
- Criminal liability — punishment, fine and restitution
- Civil liability — reimbursement of losses plus damages
- Administrative liability — cancellation of licenses, forfeiture, cease-and-desist orders
2. Jurisdiction Map – Where to Go First
| Type of Scam | Primary Office to Receive Complaint | Useful If… |
|---|---|---|
| Most online or telecommunication-based swindles | PNP Anti-Cybercrime Group (ACG) or NBI Cybercrime Division | Offender used the internet, SMS, or social media |
| Traditional estafa (face-to-face dealings) | Local Philippine National Police (PNP) station or City/Provincial Prosecutor’s Office | No high-tech component |
| Unregistered investment, pyramiding, crypto token sales | Securities and Exchange Commission (SEC) Enforcement and Investor Protection Department | Money was solicited as an “investment” |
| Fake e-commerce listings, deceptive product ads | Department of Trade and Industry (DTI) – Fair Trade Enforcement Bureau | Amount ≤ ₱ 500,000 and consumer transaction |
| Unauthorized withdrawals / bank transfers | Bangko Sentral ng Pilipinas (BSP) – Financial Consumer Protection Department and NBI | Banking or e-wallet platform involved |
| MLM promising returns on “activation codes” | SEC (if securities) or DTI (if direct selling/consumer) | Check permit status |
Tip: When in doubt, file simultaneously with the nearest police station or NBI satellite office; jurisdictional overlap is common and offices routinely refer cases to one another.
3. Evidence Checklist
Affidavit of Complaint Chronological narration of facts, clearly identifying the offender, place, date, and modus. Must be notarized or sworn before a prosecutor.
Proof of Transaction
- Receipts, deposit slips, screenshots of fund transfers (GCash, Maya, bank apps), QR codes
- Conversation logs (Messenger, Viber, SMS) — export with metadata and print
Identity of Respondent
- Full name, alias, or at least username/handle
- Photos, recorded calls, video meetings, IP address if available
Supporting Documents
- Advertisements, brochures, webpages (use the browser’s “Print to PDF” to capture URL and timestamp)
- SEC or DTI certifications showing lack of registration (obtainable later but note the request early)
- Certificates of non-payment or refund offers, if any
Proof of Authority (if filing on behalf of a corporation or minor)
- Board Resolution, SPA, or parental consent
4. Step-by-Step: Criminal Complaint
(A) Initial Report & Sworn Statement
Go to the appropriate law-enforcement unit.
- Bring all evidence and at least one government-issued ID.
Execute the Affidavit of Complaint.
- Officers will assist in drafting if you do not have one prepared.
Receive a Control Number or Reference Slip.
- Keep this to track the case.
(B) Inquest or Regular Preliminary Investigation
- Depends on whether the suspect is caught in flagrante (inquest) or at large (regular PI).
Filing with the Office of the City/Provincial Prosecutor (OCP).
- Attach the affidavit and evidence in duplicate; pay filing fee (~₱ 50–75).
Prosecutor issues a Sub-poena.
- Respondent has 10 days (estafa) or 15 days (cybercrime) to submit a counter-affidavit.
Resolution & Information.
- If probable cause is found, an Information is filed with the trial court.
Issuance of Warrant of Arrest (non-bailable if amount > ₱ 2.4 M under Estafa; otherwise bailable).
Statute of limitations:
- Estafa: 10 years if penalty exceeds 6 years; 5 years otherwise.
- Cybercrime offenses: 10 years (Art. 90 RPC, as amended by RA 10175).
- Securities violations: 12 years (Sec. 63, RA 8799).
5. Civil Action for Recovery
Option A – Independent Civil Suit (ordinary action)
- File with the Regional Trial Court (RTC) if amount > ₱ 2 M; otherwise MTC.
- You may claim actual, moral, exemplary damages plus attorney’s fees.
Option B – Implied Institution with Criminal Case
- By default, civil action is deemed included in the criminal information (Rule 111, Rules of Criminal Procedure).
- If you file separately, expressly reserve the right to do so at the arraignment stage.
Option C – Small Claims
- For purely monetary claims ≤ ₱ 400,000, file a verified Statement of Claim in MTC; no lawyers required.
6. Administrative & Regulatory Complaints
| Agency | Remedy | Procedure Highlights |
|---|---|---|
| SEC | Cease-and-Desist Order (CDO), asset freeze, fines up to ₱ 5 M | File Verified Complaint + proof the scheme involves sale of securities; SEC may ask for ex parte freeze via the Anti-Money Laundering Council (AMLC). |
| DTI | Mediation, Administrative fines (₱ 500 – ₱ 300,000 per violation), suspension of business name | File Consumer Complaint Form within 2 yrs from transaction; submit proof of purchase < 10 pages or notarize if longer. |
| BSP | Directives to banks/e-wallets, reimbursement orders, fines to supervised institutions | Write Letter-Complaint (hard copy or at consumerassistance@bsp.gov.ph), attach transaction records; 15-working-day resolution target. |
These proceedings are independent of criminal cases and focus on systemic remedies.
7. Special Considerations for Online Scams
Preservation of Digital Evidence
- Move data to read-only media (USB/DVD).
- Hash (SHA-256) the files and record the hash value in your affidavit.
Take-Down Requests
- Ask law enforcement to invoke Sec. 14 RA 10175 to compel ISPs, Facebook, or X (Twitter) to disclose subscriber data and preserve logs for 90 days, extendable.
Cross-border Offenders
- NBI and PNP-ACG coordinate with Interpol and ASEANAPOL; MLA Treaty may be invoked.
Civil “John Doe” suits
- File and then serve via email/social-media under AM No. 01-7-01-SC, as amended (electronic service rules).
8. Costs and Timelines
| Expense | Typical Range | Notes |
|---|---|---|
| Notarial fee for affidavit | ₱ 150 – ₱ 250 | Higher if multiple exhibits |
| Documentary stamp tax | ₱ 30 per affidavit | Pay at BIR-accredited banks |
| Filing fee (criminal PI) | ₱ 50 – ₱ 75 | Collected by OCP |
| Small Claims docket | ₱ 2,500 (≤ ₱ 100k); plus ₱ 500 per additional ₱ 10k in excess | Indigent litigants exempt |
| Professional fees (optional counsel) | Contingency or ₱ 2,000 – ₱ 5,000 per appearance | Remains negotiable |
| Average investigation time (law enforcement) | 30–90 days | Depends on caseload |
| Prosecutor’s resolution | 60–120 days from last pleading | Rule on Preliminary Investigation |
| RTC trial duration | 1–3 years | Early plea or plea-bargain can shorten |
9. Barangay Conciliation – Is It Required?
No, if the offense is:
- Punished by imprisonment ≥ 1 year (all forms of estafa and cybercrime qualify), or
- Committed by non-residents of the same barangay, or
- “Transgressions against the state” (e.g., illegal recruitment, securities fraud)
Barangay settlement is needed only for purely civil disputes and light offenses under Art. 266 RPC.
10. Sample Outline of an Affidavit of Complaint
Republic of the Philippines Province/City of ______ AFFIDAVIT OF COMPLAINT
I, [Complainant], of legal age, Filipino, residing at ______, after having been duly sworn, depose and say:
- On 15 May 2025, I saw an advertisement on Facebook Page “QuickRich Investment” promising 20 % monthly returns…
- Believing the representations, I deposited ₱ 200,000 to BDO Account No. ____ under the name Juan Dela Cruz (Annex “A”). … (continue facts chronologically, attach Annexes)
- Respondent’s acts constitute Estafa under Article 315 (2)(a) RPC in relation to RA 10175, and violation of Sec. 8 of RA 8799 for offering unregistered securities.
PRAYER – I respectfully pray that criminal charges be filed…
[Signature]
SUBSCRIBED AND SWORN to before me this 27 June 2025…
11. Practical Tips
- Act quickly. Banks and e-wallets can still reverse transfers if notified within hours under BSP Circular 1085.
- Keep communication lines. Pretending to “follow up” can help law enforcement set an entrapment.
- Coordinate with other victims. Collective complaints strengthen probable cause and may raise the penalty tier (large-scale estafa ≥ ₱10 M).
- Trace money flow. Ask your bank for a Trace SWIFT or GCash Transaction History; attach to your affidavit.
- Check settlement offers. Accepting restitution does not extinguish criminal liability (People v. Siquian, G.R. 211277, 9 Jan 2017).
12. Penalties at a Glance
| Offense | Imprisonment | Fine | Aggravating Factors |
|---|---|---|---|
| Estafa (Art. 315 RPC) | Arresto Mayor – Reclusion Temporal (1 mo 1 d – 20 yrs) depending on amount | Up to double the damage | “Syndicated” or “Large-scale” (≥ ₱ 10 M) pushes penalty to life imprisonment under PD 1689 |
| Computer-related Fraud (RA 10175) | Same basic penalty as underlying offense +1 degree | Same rule | If committed against critical infrastructure, +2 degrees |
| Unregistered Sale of Securities (Sec. 8 RA 8799) | 7 – 21 years | Up to ₱ 5 M | Each act of selling is a separate offense |
| Access Device Fraud (RA 8484) | 6 – 20 years | ₱ 10 k – ₱ 1 M or thrice value gained | Use of counterfeit card, skimming devices |
| Consumer Act Deceptive Sales (RA 7394) | 1 mo – 6 mos | ₱ 5 k – ₱ 300 k | Repeat 3rd offense ⇒ license revocation |
13. Settlement, Restitution & Plea Bargaining
- Under Art. 89 RPC, full restitution does not erase criminal liability but may mitigate penalty.
- DOJ Circular 02-2018 allows plea-bargain for estafa ≤ ₱ 40,000 — accused pleads to lesser offense of unjust vexation plus civil restitution.
- Courts can approve compromise agreements in the civil aspect at any stage prior to final judgment.
14. Post-Judgment Remedies for Victims
- Writ of Execution – attach bank accounts, garnishment, levy on real property.
- Motion for Asset Forfeiture – under AMLA Sec. 12 for proceeds of unlawful activity.
- Restitution Order – automatically included in conviction; monitored by the Parole & Probation Administration.
- Victim Compensation – not available for estafa, but victims of violent crimes may apply to the Board of Claims (RA 7309).
15. Preventive Measures & Red Flags
- Too-good-to-be-true returns > 15 % p.a. with no underlying regulated product.
- “Pay first” policies with no escrow or cash-on-delivery option.
- Unregistered entities – verify at <[www.sec.gov.ph](http: data-preserve-html-node="true"//www.sec.gov.ph)> or DTI BNRS.
- Pressure tactics – countdown timers, “last slot today” offers.
- Secrecy clauses – NDAs requiring you not to discuss the investment.
16. Flowchart Summary
[Gather Evidence] → [Choose Forum]
↙︎ ↘︎
[NBI/PNP] (criminal) [SEC/DTI/BSP] (administrative)
↓ ↓
[Prosecutor] – PI [Show-Cause / CDO]
↓ ↓
[Court Trial] [Fines / License Cancel]
↓
[Conviction or Acquittal]17. Frequently Asked Questions
Q: Can I sue even if the scammer is abroad? A: Yes. File locally first; the prosecutor can request Mutual Legal Assistance (MLA) to identify and extradite the accused, or you may sue John Doe electronically and amend the complaint once identity is discovered.
Q: Will my travel funds be frozen if I file? A: Only respondent assets may be subjected to asset preservation; complainant’s funds are never frozen.
Q: Is it worth hiring a private lawyer? A: For amounts above ₱ 100,000, counsel speeds up evidence gathering, plea discussions, and asset tracing. Many accept contingency arrangements (20–30 % of recovery).
Key Takeaways
- File early — preservation of digital footprints and fund-reversal windows is time-sensitive.
- Choose the right venue — NBI/PNP for criminal prosecution, SEC/DTI/BSP for targeted administrative relief, court for civil damages.
- Document everything — affidavits, screenshots, bank records, communication logs are indispensable.
- Dual-track strategy — criminal and administrative cases can proceed in parallel, maximizing pressure and recovery.
- Settlement ≠ exoneration — restitution may mitigate but does not erase criminal liability.
With these tools, a Filipino scam victim can navigate the intertwined criminal, civil, and regulatory avenues to obtain justice and recover losses.