Bank transfer scams—where a victim is induced to send money via online banking, InstaPay/PESONet, OTC deposit, or e-wallet-to-bank transfers—often involve “mule” accounts, spoofed identities, fake sellers, bogus investments, and impersonation of trusted persons or institutions. In the Philippines, these incidents are usually pursued as criminal cases (most commonly Estafa) and may be accompanied by cybercrime-related charges or penalty enhancements when information and communications technology (ICT) is used.

This article covers the legal bases, what you must prove, where and how to file, evidence requirements, bank coordination, and what to expect after filing.

1) Understanding “Estafa” in Bank Transfer Scams

A. What is Estafa?

Estafa (swindling) is generally punished under Article 315 of the Revised Penal Code (RPC). In bank transfer scams, the most common theory is Estafa by means of deceit / false pretenses—i.e., the scammer misrepresented facts to induce you to part with money, causing damage.

B. Why bank transfers fit Estafa

A bank transfer scam typically has:

Deceit: false identity, fake product/service, fabricated investment, impersonation, fake “urgent” request, fake courier/fees, etc.
Inducement: you send money because you believed the lie.
Damage: you lost money (and often, opportunity/costs).

C. Common Estafa patterns involving bank transfers

Online selling scam: fake seller posts item, demands transfer, no delivery or sends junk.
Investment/“double your money”: promises returns, asks transfer to “trading” account.
Impersonation / hacked account: friend/relative’s account asks for “urgent” transfer.
Fake customer service / bank / courier: asks for fees, “verification,” or “release” payments.
Job or loan processing fee scam: asks for “requirements fee” then disappears.
Phishing + social engineering: victim is tricked into authorizing transfer.

D. Estafa vs. “breach of contract” (a key distinction)

Not every failed transaction is Estafa. A dispute may be civil (collection/refund) if:

there was no initial deceit, and
the failure looks like non-performance rather than fraud (e.g., legitimate seller delayed delivery but can still be contacted, there’s a clear business relationship, there are good-faith attempts to comply).

For Estafa, you must show deceit at or before the time you were induced to pay, not merely a later failure to deliver.

2) Other Possible Criminal Angles (Often Charged Together)

Depending on facts, prosecutors/law enforcement may consider:

A. Cybercrime-related offenses / ICT involvement

When the scam is executed through online platforms, messaging apps, email, or online banking, cybercrime laws may apply. Two practical consequences often arise:

Computer-related fraud / identity theft / related offenses may be alleged depending on the conduct.
Even when the core crime is RPC Estafa, using ICT can trigger a higher penalty framework in some situations.

B. Falsification and identity-related offenses

If scammers used forged IDs, fake documents, or impersonation, falsification or identity-related offenses may be explored, depending on evidence.

C. Anti-money laundering implications

Estafa can be treated as a predicate offense for anti-money laundering enforcement. This matters because:

it can support asset tracing and freezing through proper channels, and
it can pressure mule networks, though victims typically need law enforcement/prosecutorial action to move these processes.

3) What You Must Prove in an Estafa Complaint (Practical Checklist)

For a bank transfer scam, your complaint should clearly establish:

The misrepresentation (deceit)
- What exactly was said or shown (ads, chats, emails, calls, posts)?
- What was promised (item, service, investment return, urgency story)?
- Why it was false (no item, fake identity, fake tracking, fake proof).
Your reliance
- Explain that you believed the representation and that is why you sent the money.
The transfer and loss (damage)
- Amount, date/time, channel (InstaPay/PESONet/OTC deposit), reference number.
- Proof that funds were sent and not returned.
The link to the suspect
- Bank account name/number used, aliases, phone numbers, handles, profile links, delivery addresses, device/account details.
- Any admission, blocking, disappearance, or pattern showing intent to defraud.

4) Immediate Steps Before Filing (Time Matters)

A. Contact your bank immediately

Ask your sending bank to:

tag the transaction as fraudulent and initiate interbank coordination where possible,
advise whether a recall/chargeback-like process exists for the specific rails used (bank transfers are often hard to reverse, but prompt reporting helps),
provide a transaction certification or official record.

Also ask how to submit a formal dispute report (bank forms and timelines vary).

B. Preserve evidence (do this early and carefully)

Screenshot and export full chat threads (include timestamps, usernames/handles, phone numbers).
Save proof of payment, transaction confirmation pages, email/SMS OTP notices (without sharing OTPs publicly).
Save URLs, listings, profile pages, and any posted “proof.”
If possible, download data or use platform “export chat” features.

C. Avoid actions that can backfire

Do not threaten or negotiate in ways that invite counter-accusations (stick to factual messages if you must communicate).
Do not post personal data or doxxing content publicly; it can create legal exposure.
Do not send more money for “release,” “verification,” “unlocking,” or “refund processing.”

5) Where to File: Your Main Options

A. Office of the City/Provincial Prosecutor (Most direct for a criminal case)

You can file a criminal complaint for Estafa at the Office of the City Prosecutor / Provincial Prosecutor where venue is proper (see Venue below). This initiates preliminary investigation.

B. PNP Anti-Cybercrime Group (PNP-ACG)

Useful for:

cyber-focused documentation,
case build-up and coordination,
tracing and digital evidence handling.

They may help you prepare the complaint and refer it for prosecutorial action.

C. NBI Cybercrime Division (or similar cyber-focused unit)

Similarly useful for:

digital forensics,
identity/account tracing within legal limits,
case build-up for filing with prosecutors.

D. Platform reports and administrative channels (supporting, not substitutes)

Reporting to Facebook/Meta, Marketplace, Telegram, Viber, etc. can help with takedowns but does not replace criminal filing.
Consumer complaint channels may help if a regulated entity is involved, but scammers usually are not.

Practical approach: Many victims report first to PNP-ACG or NBI for documentation and leads, then file (or simultaneously file) the Complaint-Affidavit with the prosecutor.

6) Venue and Jurisdiction: Where Should You File?

For Estafa, venue generally relates to where:

the deceit was employed, or
the damage occurred, or
a material part of the offense happened.

For online/bank transfer scams, practical venue anchors often include:

where you were when you received and relied on the misrepresentations,
where you authorized/sent the transfer,
where your bank account is maintained or where you made an OTC deposit,
where the suspect received funds (often harder to use unless clearly established).

If you file in a venue that the prosecutor deems improper, it can delay the case. When in doubt, victims often file where they reside and where they sent/authorized the transfer, because that’s where the damage was felt and the act of disposition occurred.

7) The Core Document: Your Complaint-Affidavit

A. What it is A Complaint-Affidavit is a sworn narrative stating the facts and attaching evidence. It is the backbone of your case.

B. Typical contents

Caption / Parties
- “People of the Philippines vs. [Name/Unknown],” if identity is uncertain.
- You can name “John Doe / Jane Doe” plus aliases/handles if necessary, and include account details used.
Your personal details
- Name, address, contact info (as required by the office).
Chronological narration
- How you encountered the scammer.
- What representations were made (quote or summarize, reference exhibits).
- How and why you relied on them.
- The transfer: amount, date/time, channel, reference numbers.
- Post-transfer events: excuses, blocking, failure to deliver, threats, further solicitations.
Legal allegations
- State that respondent committed Estafa under Article 315 by false pretenses/deceit resulting in damage.
- If applicable, allege ICT involvement and request consideration of cybercrime-related provisions/enhancements as supported by facts.
Evidence list
- Mark attachments as Annex/Exhibit “A,” “B,” etc.
Prayer
- Request finding of probable cause and filing of Information in court.
- Request subpoena of bank records through lawful processes, and coordination for tracing/freeze where applicable.
Verification and signature
- Signed and notarized as required.

C. If you don’t know the suspect’s real name That’s common. Provide:

bank account name/number,
receiving bank name,
transaction reference,
phone numbers,
social media handles and profile URLs,
delivery addresses used,
any ID images they sent (even if fake),
any voice notes/call logs.

Law enforcement and prosecutors can pursue identification using lawful methods, but the quality of your initial data matters.

8) Evidence: What to Attach (and how to make it usable)

A. Essential documentary evidence

Bank transfer confirmation (screenshots + official bank record if available)
Transaction reference number and timestamps
Screenshots of chats, posts, ads, listings, invoices
Proof of identity used by scammer (IDs, selfies, “company” pages)
Shipping/tracking screenshots (often fabricated—still useful as proof of deceit)
Call logs, emails, SMS, payment requests
Any admission, threats, or instructions showing intent to defraud

B. Electronic evidence and authentication (practical tips)

Courts and prosecutors want evidence that can be authenticated:

Don’t submit only cropped screenshots; include full conversation context.
Keep originals on your device/cloud.
Printouts should show visible handles, dates, and URLs where possible.
Prepare a short “how obtained” description in your affidavit (e.g., “I took these screenshots from my Messenger conversation with the account ‘X’ on [date].”)

C. Witnesses

If someone was with you during calls, payments, meetups, or saw the scam unfold, include a supporting affidavit. If a friend also got scammed by the same account, coordinated complaints can help show pattern and intent.

9) Filing Procedure at the Prosecutor’s Office (Typical Flow)

Prepare and notarize
- Complaint-Affidavit
- Supporting affidavits
- Annexes/exhibits (printed and organized)
File with the proper prosecutor’s office
- Submit required copies (varies by office).
- Some offices require a case information sheet/intake forms.
Preliminary Investigation
- Prosecutor evaluates if there’s sufficient basis to proceed.
- Respondent is required to submit counter-affidavit if they can be served.
Resolution
- Prosecutor issues a resolution: dismissal or finding of probable cause.
Filing in Court
- If probable cause is found, an Information is filed in court.
- Court may issue a warrant of arrest depending on the case and circumstances.

10) Parallel Actions: Bank Coordination, Tracing, and Recovery

A. Can you get the account holder’s identity from the bank?

Victims often cannot obtain account holder information directly because of bank confidentiality/bank secrecy rules. Usually, disclosure requires:

a lawful order/subpoena through the proper process, or
action by competent authorities (depending on the legal basis).

Your complaint should therefore request prosecutorial/law enforcement assistance to obtain necessary bank records through lawful channels.

B. Can the funds be frozen?

Freezing and asset preservation generally require formal processes and are not automatically available to a private complainant. However:

quick reporting can help banks flag accounts and preserve logs,
authorities can pursue asset tracing and, where available, freeze mechanisms using the proper legal route.

C. Civil liability is included (unless you waive it)

In criminal cases, civil liability (restitution/damages) is generally deemed included unless you reserve or waive it under the rules. In practice, recovery depends on locating assets and enforcing judgments—often difficult when scammers use mule accounts.

11) Barangay Conciliation: Do You Need to Go to the Barangay First?

Under the Katarungang Pambarangay system, certain disputes between residents of the same locality may require barangay conciliation before going to court. However, many Estafa cases:

involve penalties and circumstances that fall under exceptions,
involve parties not residing in the same barangay/city/municipality,
involve urgent law enforcement concerns, or
involve unknown respondents.

Because it varies by facts and local practice, barangay conciliation is often not the main route for bank transfer scams, especially where the respondent is unknown or outside your locality.

12) Common Mistakes That Weaken Cases

No clear deceit statement “He didn’t deliver” is not enough; specify the lies and how they induced payment.
Missing transaction identifiers Always include reference numbers, screenshots, and bank records.
Fragmented screenshots Provide complete context with timestamps/handles.
Not identifying the respondent as best as you can Provide all handles, numbers, profile links, account details.
Treating a civil dispute as Estafa without proof of initial fraud Prosecutors screen out cases that look like ordinary non-performance.
Delays Leads go cold quickly; accounts get emptied; platforms delete content.

13) What to Expect After Filing (Realistic Timeline Considerations)

Preliminary investigation can take time, especially if respondents can’t be served or identities are unclear.
Scammers often use layers of accounts; identification may require multiple requests and coordination.
Even with probable cause, collection/recovery may be challenging if funds are already withdrawn or laundered.

Your best leverage is a well-documented complaint that enables subpoenas, tracing, and coordinated enforcement.

14) Quick Filing Blueprint (Step-by-step)

Report to your bank immediately; secure transaction records.
Preserve evidence: complete chats, listings, profiles, call logs, receipts.
Compile a dossier:
- timeline of events,
- all identifiers (bank account, handles, phone numbers),
- exhibits labeled and indexed.
Draft Complaint-Affidavit (chronological + elements of Estafa).
Notarize and prepare copies.
File with the proper Prosecutor’s Office (and/or coordinate with PNP-ACG/NBI for case build-up).
Attend hearings/proceedings and submit additional evidence when requested.

15) Sample Exhibit List (Template)

Exhibit A: Screenshot of listing/post/profile (with URL, date captured)
Exhibit B: Full chat transcript screenshots (with timestamps/handles)
Exhibit C: Bank transfer confirmation + reference number
Exhibit D: Bank certification/statement showing debit
Exhibit E: Follow-up messages showing excuses/blocking/refusal
Exhibit F: Any ID/document sent by respondent (even if fake)
Exhibit G: Other victims’ affidavits/complaints (if available)

16) Key Takeaways

Bank transfer scams are commonly pursued as Estafa, with possible cybercrime-related implications when ICT is used.
The strongest complaints clearly show deceit → reliance → transfer → damage, backed by organized exhibits.
Speed and documentation quality materially affect traceability and chances of recovery.
Prosecutor filing is the central legal step; PNP-ACG/NBI support can strengthen identification and evidence handling.