How to File an Estafa Case for an Overseas Job Recruitment Scam Involving Filipino Agents (Philippine Context)

This guide walks you through the practical, legal, and procedural steps a victim (or the victim’s family) can take in the Philippines when scammed by individuals or entities promising overseas jobs. It covers criminal, administrative, and civil routes, evidence building, and common pitfalls.

1) The Big Picture

Overseas job scams often violate multiple Philippine laws at once. Most cases combine:

Estafa under the Revised Penal Code (RPC Art. 315) — for deceit causing you to part with money or property.
Illegal Recruitment under the Migrant Workers Act (formerly POEA law; now under the Department of Migrant Workers (DMW) framework) — for recruiting without a license or committing prohibited recruitment acts.
Sometimes Anti-Trafficking in Persons (if there was coercion, deception about work/conditions, debt bondage, etc.).
If the scam used the internet or devices, Cybercrime provisions may also apply (e.g., computer-related fraud).

You can pursue estafa and illegal recruitment at the same time. They address different wrongs and are not mutually exclusive.

2) What Counts as Estafa in a Recruitment Scam?

To sustain an estafa charge, prosecutors generally look for:

Deceit or abuse of confidence — e.g., false claims of a guaranteed job, forged or fabricated job orders/visas, pretending to be DMW-licensed, impersonating a real agency/foreign employer.
Deceit came first — false representations were made before or as you paid.
Reliance — you relied on the lie and paid money, surrendered documents, or took action.
Damage — you lost money, property, or suffered a quantifiable loss.

Evidence is everything: written promises, screenshots, receipts, chats, bank slips, voice notes, call logs, and confirmations that the “agent” is not licensed (see Section 5 on getting certification).

Tip: The more specific the lie (e.g., named employer, salary, start date, “visa already approved”), the easier to show deceit.

3) What Counts as Illegal Recruitment?

Recruitment happens when someone offers, promises, or advertises overseas employment for a fee or consideration, even if you were never deployed. It becomes illegal when:

The recruiter is unlicensed/unauthorized, or
Even if licensed, they perform prohibited acts (e.g., collecting banned fees, misrepresentation, contract substitution, sending you to a blacklisted employer, confiscating your passport, etc.).

Aggravating forms (often called “economic sabotage”) trigger heavier penalties:

Large-scale: committed against three or more victims.
Syndicated: committed by three or more (or more, depending on the statute) persons conspiring as a group.

Practical angle: If several of you were duped by the same people, coordinate and file together. Multiple sworn statements make “large-scale” easier to establish.

4) Which Remedies Should You File (and Where)?

A) Criminal: Estafa (and, if applicable, Illegal Recruitment)

Where to file: The Office of the City/Provincial Prosecutor (DOJ prosecution service) where any element occurred — where the deceit was made, the payment happened, you met the agent, or where you’re located if the transaction was online (venue can be flexible when acts happened in multiple places).
Who else to approach for support/investigation:
- DMW (formerly POEA) – anti-illegal recruitment units
- NBI or PNP units (especially cybercrime offices if the scam was online)

What you submit: An Affidavit-Complaint (your sworn narrative) plus Annexes (evidence). See Section 8 for a template.

What happens next: Preliminary investigation (counter-affidavit, possible reply/rejoinder), prosecutor’s resolution, and if there’s probable cause, filing of an Information in court and issuance of a warrant of arrest. Bail may apply depending on the charge and penalties.

Note on penalties & jurisdiction: The imposable penalty (which depends, among others, on the amount defrauded for estafa and on circumstances for illegal recruitment) determines which trial court hears the case. As a rule of thumb, serious estafa/illegal recruitment cases go to the Regional Trial Court (RTC).

B) Administrative: DMW Case vs. the Agency/Recruiters

If a licensed Philippine agency or its representatives are involved, file an administrative complaint with the DMW for recruitment violations (can lead to suspension/cancellation of license, fines, and restitution/refund orders).
If the actors are unlicensed, DMW can still investigate for illegal recruitment and help coordinate with law enforcement.

C) Civil: Recover Your Money and Damages

File a civil action for sum of money/damages (actual, moral, exemplary, attorney’s fees).
For purely money claims within the small-claims limit (no lawyers required), you may use the Small Claims procedure. (The Supreme Court periodically adjusts the amount cap — check the latest threshold with the clerk of court.)
If you intend to rely on the civil action arising from the crime (“ex-delicto”), remember it is typically deemed instituted with the criminal case unless you expressly reserve the right to file separately. Ask a lawyer which route fits your facts best.

5) Evidence: What to Gather (Checklist)

Identity & Authority

Government IDs of the agent (if available), their business cards, photos, or video.
DMW certification showing whether the person/agency is licensed (or a certification of no record).
SEC/DTI documents if they used a company name.

Money Trail

Receipts (even handwritten), deposit slips, bank/GCash/PayMaya transfers, remittance slips.
Chat or SMS where they confirm amounts, deadlines, and “processing fees.”
Screenshots of online posts/ads; URL copies; time-stamped downloads.

Promises & Misrepresentations

Copies of “offer letters,” “contracts,” itinerary, visa pages, medical or training referrals they forced you to pay, and any forged-looking documents.
Voice notes/calls where they named a foreign employer, salary, start date, or “approved visa.”

Victim & Witness Narratives

Sworn statements from all victims and witnesses (co-applicants, guarantors, relatives who saw the handover of money).
Proof of non-deployment or denial from the supposed foreign employer/embassy (if available).

Digital Forensics

Preserve original files. Export Facebook/WhatsApp/Viber/Telegram chat histories with timestamps.
Keep full email headers, not just screenshots.
Don’t edit, crop, or re-type; save raw copies plus printed versions for annexes.

Golden rule: Make a master folder with subfolders per type of evidence, and index every annex (A, A-1, B, …) to match citations in your affidavit-complaint.

6) Step-by-Step: Filing the Criminal Estafa Case

Draft your Affidavit-Complaint.
- State who, what, when, where, how much, and what lies you were told.
- Identify each payment with date, amount, and proof (Annexes).
- Show causation: “Because I relied on X statements, I paid Y pesos and suffered loss.”
Attach Annexes.
- Arrange in chronological order.
- Include a DMW certification on the license status of the agent/agency, if possible.
Notarize your affidavit (or have it taken under oath before the prosecutor/authorized officer).
File with the City/Provincial Prosecutor (and furnish copies to law enforcement/DMW if they’re assisting).
Preliminary Investigation timeline:
- Respondent receives a subpoena with your affidavit and annexes.
- Respondent files a counter-affidavit.
- You may file a reply (and sometimes a rejoinder).
- Prosecutor issues a resolution (dismissal or filing in court).
If filed in court, coordinate with the prosecutor and keep available for hearings. Ask about restitution or civil liability tracking during sentencing.

If online deception was central, flag this to the prosecutor; it may support computer-related fraud charges and can affect venue and digital evidence handling.

7) Parallel/Alternative Filings

Illegal Recruitment (Criminal) — file at the prosecutor’s office (same method as estafa), plus coordinate with DMW and law enforcement.
Administrative, DMW — complaint vs. agency/recruiter; may order refunds and license sanctions.
Civil suit / Small Claims — recover your money and damages; use if criminal case will take time and you need a money judgment sooner.
Trafficking in Persons — if there was coercion, deception about the nature of work (e.g., forced work, sexual exploitation), debt bondage, or abuse of vulnerability, consult anti-trafficking desks (at LGUs/DOJ/IACAT) for specialized handling and protection services.

8) Ready-to-Customize Affidavit-Complaint Outline (Sample)

Title: Affidavit-Complaint for Estafa (Art. 315, RPC) and Illegal Recruitment Complainant: [Your Name, age, civil status, address, contact details] Respondent(s): [Full names, nicknames/aliases, positions, known addresses]

Introduction/Capacity I am [nationality], of legal age, residing at [address]. I execute this affidavit to charge respondents for Estafa and Illegal Recruitment.
Background On [date], I saw a job posting for [position] in [country] made by [respondent] through [platform]. [He/She/They] represented that [licensed by DMW / have an employer named __ / visa approved / deployment in __ days].
Specific False Representations (a) On [date], [respondent] said [exact promise]. (b) On [date], [respondent] showed [document], later discovered to be [false/unverified]. Attachments: Annex A (screenshots), Annex B (offer), Annex C (chats), etc.
Payments Made & Reliance Because of these representations, I paid the following to [respondent/agency]:
- [Date] – ₱[Amount] (Annex D: [receipt/deposit slip])
- [Date] – ₱[Amount] (Annex E: [transfer proof]) Total: ₱[Sum].
Non-Deployment / Damage Despite repeated follow-ups, no visa/job materialized. On [date], I demanded refund (Annex F), but was refused. I suffered actual damages of ₱[Sum] and other losses.
License/Authority Status As per DMW certification dated [date] (Annex G), respondents are not licensed/authorized (or licensed but committed prohibited acts).
Offenses These acts constitute Estafa (Art. 315, RPC) and Illegal Recruitment under the Migrant Workers framework and related rules. If other victims are identified, large-scale/syndicated provisions may apply.
Prayer I pray that respondents be indicted and tried; that I be awarded restitution and damages; and that law enforcement be directed to pursue further investigation.

Verification & Jurat (Notarial/Oath block)

9) Common Defenses You Should Anticipate (and How to Counter)

“It’s just a civil debt/loan.” → Emphasize prior deceit and false representations, not mere non-payment.
“We are licensed.” → Attach DMW certification showing no license, expired license, or not authorized for that job/country.
“You knew the risks; no guarantee.” → Point to specific guarantees/promises, fixed start dates, “already approved visa,” or named employer confirmations.
“Money was for document processing, not recruitment.” → Show pattern (ads, multiple victims, fee schedules, training/medical referrals) proving the money was in exchange for overseas employment.

10) Practical Tips That Make (or Break) Cases

Move fast and preserve evidence. Screenshots and links can disappear; export chats with timestamps.
Get other victims to file with you. It strengthens illegal recruitment and deters retaliation.
Never surrender your passport or original civil IDs to “agents.” Confiscation is a red flag.
Keep a timeline: dates of promises, payments, follow-ups, and demands.
Use a demand letter (email + messenger + registered mail) asking for refund — it helps show bad faith if ignored.
If you’re already overseas when you discover the scam, report to the Philippine Embassy/Consulate and the Migrant Workers Office (MWO); they can coordinate with DMW and law enforcement back home.

11) FAQs

Q: Can I file estafa even if I signed a “no-refund” clause? A: Yes, if the contract itself was induced by deceit or contains illegal terms. Criminal liability cannot be waived by private agreements.

Q: What if the recruiter used Facebook only and has no office? A: Online activity can still establish deceit. Preserve digital evidence and file in the prosecutor’s office; cybercrime units can assist with tracing.

Q: Do I need a lawyer? A: A lawyer helps a lot (especially to frame deceit and damages). If you meet indigency criteria, you may seek PAO assistance or contact the IBP for referrals.

Q: Is barangay conciliation required first? A: For criminal estafa/illegal recruitment, generally no (these typically exceed the barangay thresholds). For pure money claims under small claims, barangay proceedings may apply depending on amounts and residence; ask the clerk of court.

12) Quick Filing Checklist

Affidavit-Complaint (clear, chronological, annexed)
Government ID (complainant)
Receipts/bank/GCash proofs
Screenshots of ads/chats/emails with timestamps
DMW certification on license/authority status
Other victims’ sworn statements
Demand letter + proof of service
List of known addresses/numbers of respondents

13) Final Notes & Cautions

Penalties for illegal recruitment and trafficking can be very severe, especially for large-scale/syndicated cases.
For estafa, penalties depend on the amount defrauded and other circumstances; thresholds were revised by later laws, which prosecutors and courts apply.
Laws and agency names have evolved (e.g., the DMW now handles the functions that the POEA used to perform). Procedures and amounts (e.g., small-claims cap, allowable fees) change over time, so confirm current figures at filing.

Need help packaging your evidence?

If you’d like, tell me what you already have (receipts, chats, names, dates), and I’ll stitch it into a ready-to-file affidavit-complaint draft with a numbered annex list you can take to the prosecutor and the DMW.