Quick answer

File a sworn complaint-affidavit with the Office of the City or Provincial Prosecutor that covers the place where the fraud—or at least one essential element of it—occurred. Submit the completed NPS Investigation Data Form, witness affidavits, and evidence proving the deception or abuse of confidence, your payment or entrustment, and the resulting loss.

For the usual filing, prepare:

The original complaint-affidavit;
Two duplicate copies for the prosecution office;
One additional copy for each respondent;
The respondent’s complete or last known address;
Witness affidavits;
A complete set of supporting evidence; and
A barangay Certificate to File Action, if barangay conciliation is legally required.

A police or NBI report can help identify suspects, trace accounts, and obtain technical evidence, particularly in online cases. It does not necessarily replace filing the complaint with the proper prosecutor. Do not assume that a police blotter, bank complaint, platform report, or ordinary email has formally started the criminal case or stopped prescription.

If money was just transferred, act immediately

For bank, card, or e-wallet fraud:

Report the transaction through your financial institution’s 24/7 fraud-reporting channel. Contact the institution from which the money originated—not merely the receiving bank. Request a case reference number.
Provide the transaction details. These normally include the amount, date and time, reference number, source account, beneficiary account, and receiving institution.
Submit supporting documents promptly. Under the BSP’s implementing rules for the Anti-Financial Account Scamming Act, an initial hold may last no more than five calendar days. Supporting documents such as a sworn complaint, affidavit, or police report may be needed during that initial period to support an extension. If warranted, the hold may be extended for no more than an additional 25 calendar days.
Do not expect an automatic hold or refund. The financial institutions must still identify the transaction, locate any remaining funds, and assess the report under applicable rules.
Secure compromised accounts. Change passwords using a clean device, revoke unknown sessions, enable multi-factor authentication, and report a possible SIM takeover to your telecommunications provider.
Do not delete messages or reset the device. Preserve the original phone, computer, email account, and transaction records.

The detailed holding and coordinated-verification procedures are in the BSP’s AFASA rules and regulations.

Check whether the facts amount to estafa

Estafa under Article 315 of the Revised Penal Code generally involves fraud through deceit or abuse of confidence, together with measurable damage or prejudice. The precise elements depend on how the transaction occurred.

False pretenses or fraudulent representations

This form commonly requires proof that:

The respondent made a false representation about an existing fact, such as identity, ownership, authority, qualifications, credit, business, goods, or a supposed transaction;
The representation was made before or at the time you parted with money or property;
You relied on the representation; and
The reliance caused financial loss.

Examples may include selling property the respondent did not own, pretending to represent a legitimate business, collecting payment for a fictitious transaction, or using fabricated documents to induce payment.

A broken promise alone is not necessarily estafa. There should normally be evidence that the statement was already false—or that the fraudulent plan already existed—when the victim parted with the money or property.

Misappropriation or conversion

This form may arise when the respondent:

Received money, goods, or personal property in trust, on commission, for administration, or with an obligation to deliver or return the same;
Misappropriated, converted, or denied receiving it; and
Caused prejudice to the owner.

The legal nature of the original delivery is critical. When money was received as an ordinary loan and ownership passed to the borrower, failure to repay will generally be a civil debt unless separate evidence proves criminal fraud. The Constitution prohibits imprisonment for nonpayment of debt alone.

Demand is not invariably an element of estafa through misappropriation, but a properly served demand and the respondent’s reaction can be important evidence of conversion or denial.

Fraud involving a dishonored check

A bounced check does not automatically establish estafa. For check-based estafa, the check generally must have been part of the deceit that induced the victim to release money, goods, or property. A check issued only to pay an existing debt ordinarily presents a different legal issue.

The same check may support a separate complaint under the Bouncing Checks Law, B.P. Blg. 22, but B.P. Blg. 22 and estafa have different elements. Preserve:

The original check;
The bank’s return slip or written dishonor notation;
A written notice of dishonor;
Reliable proof that the drawer actually received the notice; and
Proof that five banking days after receipt passed without full payment or an arrangement for payment.

Actual receipt of the notice—not merely proof that it was sent—is a recurring issue in B.P. Blg. 22 cases. Obtain legal advice promptly because presentment, notice, venue, and prescription may determine whether the complaint can proceed.

Online and financial-account scams

Using information and communications technology to commit a crime already punished by the Revised Penal Code can bring the case within Section 6 of the Cybercrime Prevention Act, which generally raises the applicable penalty by one degree.

Phishing, impersonation, stolen credentials, unauthorized control of financial accounts, and money-mule activity may also violate the Anti-Financial Account Scamming Act.

Describe the complete facts instead of insisting on a single legal label. Investigators and prosecutors should determine whether estafa, cybercrime, financial-account scamming, B.P. Blg. 22, or another law applies.

Current amount thresholds

For ordinary estafa under Article 315, as amended by Republic Act No. 10951, the general scale is:

Amount of fraud	General penalty bracket
₱40,000 or less	Arresto mayor in its medium and maximum periods
Over ₱40,000 up to ₱1,200,000	Arresto mayor in its maximum period to prisión correccional in its minimum period
Over ₱1,200,000 up to ₱2,400,000	Prisión correccional in its minimum and medium periods
Over ₱2,400,000 up to ₱4,400,000	Prisión correccional in its maximum period to prisión mayor in its minimum period
Over ₱4,400,000	The maximum-period and incremental rules apply, subject to the statutory 20-year ceiling

This is only the general scale. Check-based estafa has a special penalty proviso. Cybercrime, syndicated estafa, financial-account scamming, and other special laws may also alter the applicable penalty and procedure.

The prosecution office should determine the correct investigation track from the charged acts and prescribed penalty. Do not select a procedure based only on the amount lost.

Identify the proper prosecution office

File with the City or Provincial Prosecutor for the place where the offense was committed or where at least one essential ingredient occurred.

Depending on the form of fraud, relevant places may include where:

The false representation was made, received, and relied upon;
Money or property was delivered or received;
Entrusted property was converted or had to be returned;
A check was issued and delivered; or
The legally relevant damage occurred.

Your residence, the respondent’s residence, the bank branch, or the place where an agreement was negotiated does not automatically establish venue. In criminal cases, territorial venue is jurisdictional and must ultimately be proved.

Online, cross-border, and multi-city transactions can present difficult venue questions. The Cybercrime Prevention Act and Anti-Financial Account Scamming Act also contain jurisdiction provisions for offenses under those laws. Seek legal advice when the victim, offender, messages, accounts, and transfers are connected to different places.

Determine whether barangay conciliation is required

Prior Katarungang Pambarangay proceedings may be a condition before filing when the parties actually reside in the same city or municipality and the dispute falls within the Lupon’s authority.

Exceptions include:

Offenses for which the law prescribes imprisonment exceeding one year or a fine exceeding ₱5,000;
Disputes involving the government;
Certain acts involving public officers;
Cases without a private offended party; and
Situations requiring urgent legal action.

The governing rules and exceptions appear in Sections 408 and 412 of the Local Government Code.

Some low-amount forms of ordinary estafa can fall within barangay authority, while other forms may be excluded because of a higher prescribed penalty. If conciliation applies and no settlement is reached, obtain the appropriate Certificate to File Action.

Preserve evidence that proves every element

The current DOJ standard is prima facie evidence with reasonable certainty of conviction. A bare allegation or several unexplained screenshots may be insufficient.

Preserve, where applicable:

Contracts, purchase orders, invoices, receipts, promissory notes, and delivery records;
Advertisements, listings, proposals, and representations shown before payment;
Complete chats, text messages, emails, voice messages, and call logs;
Profile URLs, usernames, account identifiers, email addresses, and phone numbers;
Bank statements, transfer confirmations, deposit slips, e-wallet receipts, and transaction references;
Written demands, notices of dishonor, courier records, registry receipts, and proof of actual receipt;
Records showing that the claimed property, authority, business, inventory, or transaction did not exist;
Photographs, recordings, CCTV information, and device records;
Witness names, addresses, and contact details;
Reports and acknowledgments from banks, platforms, regulators, the NBI, or PNP; and
A clear computation of the loss, including any amount recovered.

Keep the originals. Do not edit files or preserve only cropped screenshots. Retain the source device, complete chat exports, email headers, URLs, timestamps, and available metadata. Record when and how each item was obtained.

Prepare the complaint-affidavit

Write the affidavit chronologically and from personal knowledge. Include:

Your full name, address, and contact information;
Each respondent’s name and last known address;
The date and place of every material event;
The precise representation or conduct alleged to be fraudulent;
Why it was false and what evidence proves that;
Why you relied on it;
When, where, and how you delivered money or property;
What the respondent did afterward;
The exact amount of loss;
The facts establishing territorial venue;
The identity and personal knowledge of every witness; and
A numbered list of attachments.

Mark attachments consistently—such as Annex “A,” Annex “B,” and Annex “C”—and cite each attachment in the relevant paragraph.

Avoid insults, speculation about motive, copied legal conclusions, and information from unidentified third parties. If you draw an inference, state the underlying facts. Disclose payments, refunds, recovered property, and other material developments.

The complaint-affidavit and witness affidavits must be sworn before an officer authorized to administer oaths. False factual statements may expose the affiant to criminal liability.

For a corporate complainant, include proof that the representative is authorized to file, together with relevant registration or corporate documents.

File the complaint and keep proof

The DOJ’s current filing checklist for complaints requiring preliminary investigation requires an Investigation Data Form duly accomplished and certified under oath, together with the complaint-affidavit and supporting documents.

At the proper prosecution office:

Complete the current NPS Investigation Data Form.
Submit the original complaint-affidavit, two duplicates, and one copy for each respondent.
Include the same complete, indexed set of evidence with the required copies.
Attach the witness affidavits and any required barangay certification.
Follow the receiving office’s instructions concerning oath administration, fees, service copies, storage media, and electronic records.
Obtain a stamped receiving copy and docket or reference number.
Record the filing date, office, and receiving personnel.
Keep every acknowledgment, official receipt, order, subpoena, and proof of later submission.

The DOJ rules permit electronic filing and virtual proceedings as alternatives, but availability and permitted documents depend on the particular office and the prosecutor’s instructions. Do not treat an ordinary email as a completed filing unless the office confirms acceptance and docketing.

What happens after filing

The prosecution office first checks the sufficiency of the affidavit and completeness of the evidence. It may require case build-up before docketing. The applicable procedure then depends on the penalty prescribed by law.

Summary investigation

This generally covers offenses punishable by one day to one year, a fine regardless of amount, or both.

It is an ex parte proceeding based on the complaint and supporting evidence. The investigating prosecutor must resolve a complete complaint immediately. Department Circular No. 028 does not permit a motion for reconsideration in a summary-investigation case.

Expedited preliminary investigation

This generally covers offenses punishable by one year and one day to six years that fall exclusively within first-level-court jurisdiction.

The assisting prosecutor evaluates form and completeness within three calendar days. When case build-up is necessary, it must generally be completed within 20 calendar days from evaluation.

If an investigation hearing is needed:

The prosecutor issues a subpoena within five calendar days after receiving the complete records;
The hearing must be set no later than 15 calendar days from that receipt;
The respondent submits a counter-affidavit on the scheduled date;
No reply or rejoinder is ordinarily accepted; and
A clarificatory hearing may be held within five calendar days after submission of the counter-affidavit.

After case build-up and docketing, the investigating prosecutor generally has 20 calendar days from receipt of the complete records to resolve the complaint. An aggrieved party may seek reconsideration within 10 calendar days from receipt of the resolution.

Regular preliminary investigation

This generally applies when the prescribed penalty is at least six years and one day and to cases that the law places within Regional Trial Court jurisdiction.

Under Department Circular No. 015:

The investigating prosecutor initially evaluates the complete records within five calendar days;
If the investigation proceeds, the hearing must be set no later than 30 calendar days after receipt of the records;
The respondent must receive at least 10 calendar days to prepare a counter-affidavit;
A reply or rejoinder is allowed only when required to address new factual or legal matters;
The investigating prosecutor generally has 60 calendar days to resolve the case;
A 30-calendar-day extension may be allowed for a complex case or one involving a capital offense;
The office head separately reviews the recommended disposition; and
The approved resolution is then promulgated.

An aggrieved party generally has 15 days from receipt to move for reconsideration.

The Supreme Court has upheld the DOJ’s authority to require prima facie evidence with reasonable certainty of conviction in prosecutor-led preliminary investigations and inquests. (G.R. No. 280455)

These regulatory periods do not guarantee completion on a particular date. Service problems, case build-up, multiple respondents, voluminous evidence, and authorized extensions can affect the actual duration.

What filing does—and does not—accomplish

If the prosecutor finds sufficient evidence, an information is filed in court. The judge then independently determines judicial probable cause, including whether a warrant should issue.

Filing a complaint does not automatically:

Cause the respondent’s arrest;
Freeze every related account;
Guarantee that charges will be filed;
Establish guilt;
Recover the money; or
Produce an immediate trial date.

Civil liability arising from the offense is generally included in the criminal action unless it was waived, reserved, or previously filed separately, subject to the Rules of Criminal Procedure. Recovery still depends on the evidence, available assets or funds, defenses, and final disposition.

Do not wait until the case prescribes

Estafa’s prescriptive period depends on the highest penalty prescribed for the particular form and amount involved. Under Articles 90 and 91 of the Revised Penal Code, the applicable period may be 5, 10, 15, or 20 years.

The period generally begins upon discovery by the offended party, authorities, or their agents, subject to the statutory rules on interruption and recommencement. The Supreme Court has clarified that filing the complaint with the prosecution office interrupts prescription for this purpose. (G.R. No. 258563, April 2, 2025)

Do not calculate the deadline from memory. The correct period may depend on:

The amount involved;
The form of estafa;
When the offense was discovered;
Whether information technology was used;
Whether a special law applies;
Whether proceedings were dismissed or unjustifiably stopped; and
The offender’s absence from the Philippines.

A demand letter, platform report, bank complaint, or police-blotter entry should not be assumed to have interrupted prescription.

Common mistakes

Treating every unpaid loan, failed investment, delayed delivery, or breached contract as criminal fraud;
Failing to show that the deceit existed before or when payment was made;
Filing where the complainant lives without proving that an element occurred there;
Naming only a corporation without identifying the people who made or authorized the fraudulent acts;
Omitting the respondent’s last known address;
Submitting selected screenshots without the complete conversation or original device;
Failing to explain what each attachment proves;
Sending a demand or notice but preserving no proof of actual receipt;
Filing only a police, bank, BSP, SEC, or platform report;
Ignoring required barangay conciliation;
Missing the 10- or 15-day reconsideration period;
Resetting a device or losing access to the account containing the evidence;
Paying a supposed “recovery agent” who promises guaranteed results; and
Exaggerating the loss or concealing refunds and recovered property.

When legal help is urgent

Consult a Philippine lawyer promptly when:

Funds were just transferred and may still be traceable;
An account remains compromised;
The case involves a substantial amount, multiple victims, an investment solicitation, or several money-mule accounts;
The respondent, evidence, or proceeds may leave the country;
Material events occurred in several cities or countries;
A spouse or close relative may be covered by Article 332 of the Revised Penal Code;
A dishonored check is involved;
The respondent is a child;
You have received threats or pressure to withdraw;
Prescription may be close;
The prosecutor dismissed the complaint or issued an adverse resolution;
A suspect has been arrested and an inquest is imminent; or
A court order, cybercrime warrant, search warrant, preservation measure, or asset remedy may be necessary.

If there is an immediate threat to safety, contact emergency services or the nearest police station instead of confronting the respondent.

Frequently asked questions

Do I need a lawyer?

A private complainant can generally prepare and file a complaint-affidavit without private counsel. Legal assistance is strongly advisable when the amount is substantial, venue is uncertain, the evidence is technical, several laws may apply, or a deadline is approaching.

Can I file entirely online?

Electronic filing is permitted only through channels and procedures recognized by the prosecution office. Confirm the current requirements directly with that office and obtain proof of acceptance and docketing.

Must I send a demand letter first?

Not for every form of estafa. Demand may nevertheless help prove conversion, denial, notice, or refusal. Dishonored-check cases have separate written-notice and proof-of-receipt requirements.

What if I know only the scammer’s username or account number?

Preserve every identifier and seek investigative assistance from the NBI or PNP. Investigators may use lawful processes to identify account holders, subscribers, devices, and transaction paths. An unknown identity makes service and prosecution harder but should not delay an urgent report.

Will the complaint recover my money?

Not automatically. A financial institution may hold or return disputed funds only under applicable rules and verified circumstances. A criminal case may also include civil liability, but recovery depends on the evidence, remaining assets, and final outcome.

Can the respondent be arrested immediately?

Normally, no. The prosecutor must first evaluate the complaint, and the judge independently determines whether a warrant should issue after an information is filed. Warrantless arrest is permitted only in the limited situations specified by the Rules of Criminal Procedure.

What if the respondent is my spouse or relative?

Article 332 can exempt specified close relatives from criminal liability for estafa while leaving civil liability intact. Coverage depends on the precise relationship and, for some relatives, whether they live together. Strangers who participated are not covered.

What if the prosecutor dismisses the complaint?

Note the date you received the resolution. Summary-investigation cases do not allow reconsideration under Department Circular No. 028. The period is generally 10 calendar days for expedited cases and 15 days for regular preliminary investigations. Further review depends on the type of case and issuing office.

Official sources

This article provides general Philippine legal information, not advice for a particular case or an attorney-client relationship. The facts, documents, venue, and applicable laws may change the result. Sources and procedures were checked as of July 23, 2026.