This guide explains, end-to-end, how to preserve evidence, choose the right agency, prepare your complaint, and pursue criminal, civil, and regulatory remedies against online scammers under Philippine law.
1) Know what you can charge (and why it matters)
Online scams usually implicate one or more of these laws:
- Revised Penal Code (RPC) — Estafa/Swindling (Art. 315) and related fraud.
- Cybercrime Prevention Act of 2012 (RA 10175) — computer-related offenses such as computer-related fraud and identity theft, and an “one degree higher” penalty rule when certain RPC crimes are committed through ICT.
- E-Commerce Act (RA 8792) — recognition of e-documents and e-signatures; relevant for evidence.
- Access Devices Regulation Act (RA 8484) — credit/debit card, OTP, and “access device” fraud.
- Consumer Act (RA 7394) and DTI rules — deceptive online sales, non-delivery, fake goods.
- Financial Products and Services Consumer Protection Act (RA 11765) — complaints vs banks, e-wallets, remittance and lenders.
- Internet Transactions Act (RA 11967) — duties of online merchants, e-marketplaces, and e-retailers (useful when the platform failed to act).
- Data Privacy Act (RA 10173) — if your personal data was misused (e.g., SIM swap, account takeover).
- SIM Registration Act (RA 11934) — helpful to link numbers/accounts to real users (law enforcement does this).
You don’t have to cite every statute in your affidavit, but knowing the menu helps you route the complaint and request the right investigative steps.
2) Preserve and package your evidence (before you complain)
Do this immediately—the quality of your evidence often decides your case.
Freeze the scene
- Stop all contact with the scammer. Do not delete chats, posts, or emails.
- If money moved, call your bank/e-wallet hotline to request a transaction recall/hold and file a dispute. Ask for a case/reference number.
Capture everything (verbatim)
- Full-screen screenshots of chats, profiles, listings, emails, SMS (showing dates/times, handles, URLs).
- Save originals: export chat threads (e.g., Telegram/WhatsApp export), download email .eml files, save web pages as PDF/HTML.
- Record identifiers: phone numbers, usernames, marketplace order IDs, e-wallet handles, bank account names/numbers, tracking numbers, IPs (if visible), and device details.
Get transaction proof
- Bank/e-wallet statements, receipts, reference numbers, chargeback/dispute forms, proof of delivery, and courier logs.
Maintain chain of custody
- Keep files in a labeled folder; don’t edit/annotate the originals.
- If you can, compute a hash (e.g., SHA-256) of key files and keep a simple list of filenames + hash values and date generated. This helps prove integrity.
Document the story
- Prepare a timeline (date/time → what happened → where → who).
- Note any witnesses (even if just a friend who saw the chats in real time).
Legal note: Under the Rules on Electronic Evidence, electronic data (texts, emails, platform logs) is admissible if you can show authenticity and integrity. Good capture + chain of custody make that easy.
3) Choose the right place to file (you can file in more than one)
You can report to law enforcement, regulators, and platforms—these tracks can run at the same time.
A. Criminal investigation (law enforcement)
- NBI – Cybercrime Division For complex cases, nationwide reach, or where suspects are unknown or outside your city.
- PNP – Anti-Cybercrime Group (ACG) For quick action, local coordination (especially for account freezes, device seizures via warrants), and when suspects are domestic.
Both NBI and PNP accept walk-in complaints at field offices and online submissions. Bring one government ID and your evidence set on a USB/drive plus printed copies.
B. Prosecutor’s Office (case build & filing in court)
- Many cases go NBI/PNP → Prosecutor.
- You may also file directly with the Office of the City/Provincial Prosecutor via a Sworn Complaint-Affidavit with annexes.
C. Regulators (administrative leverage)
- DTI – Fair Trade/Consumer Protection: non-delivery, fake products, deceptive ads, platform inaction.
- SEC – Enforcement & Investor Protection: investment/“double your money”/Ponzi, unregistered securities, illegal lending apps.
- BSP/PDIC/IC and RA 11765 channels: banks, e-wallets, remittance issues, unauthorized transactions.
- National Privacy Commission (NPC): identity theft, SIM swap, doxxing, leaks, abusive data use.
- NTC: nuisance numbers/SMS blasting; coordinate via telcos.
D. Platforms and intermediaries
- Marketplaces/e-commerce (Shopee, Lazada, Facebook Marketplace, Carousell, etc.), social networks, couriers, and payment channels all have trust & safety or fraud portals.
- File there too—request account suspension, content takedown, and data preservation (so logs aren’t purged).
4) Draft a strong complaint-affidavit (template included)
Your sworn complaint is the spine of your case. It should be clear, chronological, and cross-referenced to your exhibits.
Contents checklist
- Your details: name, address, citizenship, ID number.
- Respondent details (if known): names/handles, phone numbers, bank/e-wallet accounts, pages/URLs.
- Jurisdiction & venue: identify where acts/effects occurred (e.g., where you sent money, where you received messages).
- Narrative of facts: dated sequence with exhibit tags (Annex “A”, “B”…).
- Offenses: estafa under Art. 315; computer-related fraud/identity theft under RA 10175; others as applicable.
- Losses & relief: amount lost, consequential damages, request for restitution and issuance of cyber warrants (data preservation/disclosure/search) where appropriate.
- Prayer: investigate, prosecute, freeze/recall funds, preserve and disclose data from platforms/banks/telcos.
- Verification & jurat: signed and notarized (bring ID).
Annexing evidence
- Label every page (e.g., “Annex B-3: GCash receipt, 12 Aug 2025, Ref 123456”).
- For digital media (videos/exports), list file names with brief descriptions and hash values (optional but helpful).
5) The filing path, step-by-step
Initial report
- Go to NBI Cybercrime or PNP-ACG (or both). Submit your complaint-affidavit and evidence. Get a control number.
Triage & intake interview
- Agents check completeness, may ask for additional screenshots or exports.
Preservation/coordination
- Investigators can issue data preservation requests to platforms/telcos/banks and seek cyber warrants (under the Supreme Court’s Rule on Cybercrime Warrants) for subscriber data, traffic logs, content, or search/seizure of devices.
Bank/e-wallet action
- With your dispute + law enforcement letters, banks/e-wallets can flag, freeze, or recall funds when still recoverable. Keep following up using your reference number.
Filing with the Prosecutor
- Law enforcement (or you, if filing direct) submits a Sworn Complaint. The prosecutor issues a subpoena to respondents to submit a counter-affidavit.
- After replies and rejoinders, the prosecutor issues a Resolution (for filing “Information” in court or dismissal).
Court stage
- If filed, the case is raffled to a designated cybercrime court (RTC) when applicable. You may seek restitution as civil liability in the criminal case.
Parallel regulatory complaints
- DTI/SEC/NPC processes run in parallel; they can impose administrative sanctions, order take-downs, and require cooperation from platforms.
6) Venue, jurisdiction, and timing tips
- Where to file: any place where any element of the crime occurred or where its effects were felt (e.g., your city where you sent funds or received fraudulent messages).
- Unknown suspects: you can still file; agencies will trace via account names, numbers, device IDs, IP logs, and KYC records.
- Cross-border scams: still file locally; NBI/PNP use MLAT and platform liaison channels.
- Urgency: some platforms purge logs in 90 days or less—ask investigators to send preservation requests early.
- Prescription: fraud crimes have varying prescription periods; file as soon as practicable to avoid issues.
7) Getting your money back
- Bank/e-wallet disputes/chargebacks: File immediately—card networks and e-wallets have short windows for chargebacks/recalls. Provide the police letter and evidence bundle.
- Civil action: You can sue for sum of money/damages. If the scammer is identifiable and local, consider Small Claims (no lawyers required; threshold currently up to ₱1,000,000 exclusive of interest/costs).
- Criminal case civil liability: If the criminal case succeeds, the court can award restitution and damages.
8) Special scenarios & which agency is best
- Investment “double your money” / crypto ROI schemes → SEC (EIPD) + NBI/PNP.
- Unauthorized card/e-wallet transactions → Bank/e-wallet dispute + BSP channels + NBI/PNP.
- Non-delivery/fake goods from local sellers → DTI + platform complaint + (if fraudulent) NBI/PNP.
- Identity theft / SIM swap → NPC + telco + NBI/PNP.
- Sales by unregistered online businesses → DTI/SEC (depending on sole prop vs corp/partnership).
9) Practical playbook (do this in order)
- Call your bank/e-wallet → request recall/freeze; get case number.
- Capture evidence → screenshots + exports + receipts; organize in a folder.
- Draft a complaint-affidavit → clear narrative; annexes labeled.
- File with NBI/PNP → ask for preservation letters to platforms/telcos/banks.
- Submit platform complaints → ask for content takedown and account suspension; note their ticket numbers.
- File with the Prosecutor (directly or via NBI/PNP).
- Regulatory tracks (DTI/SEC/NPC/BSP) as applicable.
- Follow up on recalls and preservation; respond quickly to requests from investigators/prosecutors.
10) Model templates
A. Sworn Complaint-Affidavit (outline)
REPUBLIC OF THE PHILIPPINES [City/Province]
COMPLAINT-AFFIDAVIT
I, [Full Name], Filipino, of legal age, with address at [complete address], after being duly sworn, depose and state:
- I am the complainant in this case against [Name/Unknown a.k.a. Username/Phone No./Account Name & Number].
- On [date/time], I saw/responded to [post/message/listing] at [URL/platform/app]. (Annex “A”)
- The respondent promised [goods/services/investment] for ₱[amount] and instructed me to [send funds via bank/e-wallet, courier, etc.] (Annex “B”).
- I transferred ₱[amount] on [date/time] to [account name & number/e-wallet handle], Ref [no.] (Annex “C”).
- After payment, [non-delivery/refusal/blocking/more demands] occurred (Annex “D”).
- I suffered a loss of ₱[amount] plus [incidental damages].
- I believe respondent committed Estafa (Art. 315, RPC) and Computer-Related Fraud/Identity Theft (RA 10175).
- I respectfully request investigation, issuance of data preservation/disclosure/search warrants, account freezing/recall, and prosecution.
ATTACHED ANNEXES: A — screenshots; B — chat export; C — receipt; D — profile/URL; E — bank dispute; F — timeline; G — ID.
[Signature over printed name] [ID Type & No.] SUBSCRIBED AND SWORN to before me this [date] at [place].
B. Evidence Index (sample)
- Annex A-1 to A-10 — Messenger screenshots (timestamps visible)
- Annex B-1 — Chat export (.zip, SHA-256: [hash])
- Annex C-1 — GCash receipt (Ref [####])
- Annex D-1 — Facebook profile URL + profile ID
- Annex E-1 — Bank dispute form + case no. [####]
11) Frequently asked questions
Q: I don’t know the scammer’s real name—can I still file? Yes. Provide handles, phone numbers, account names/numbers, and URLs. Investigators can trace via KYC and logs.
Q: Can I file outside the city where the scam happened? Yes, venue can be where any element occurred or where effects were felt (e.g., your residence where you received the fraudulent solicitation).
Q: Will law enforcement actually get platform/bank data? Yes—via preservation and disclosure orders/cyber warrants directed to service providers, banks, telcos, and platforms.
Q: What if the scammer is overseas? Still file. Agencies use cross-border cooperation; platforms often comply regardless of location.
Q: Criminal or civil—which first? Do criminal and platform/bank dispute immediately; consider civil (including Small Claims) if the respondent is identifiable and within reach.
12) Quick checklist (print this)
- Bank/e-wallet notified; recall/dispute reference no.
- Screenshots + chat/email exports saved; originals intact
- Timeline prepared; amounts & dates verified
- Complaint-affidavit drafted; notarized
- Filed at NBI/PNP-ACG; case/control no. noted
- Platform(s) and courier/payment complaints lodged; ticket nos. noted
- Prosecutor filing done (or underway)
- DTI/SEC/NPC/BSP filings (as applicable)
- Follow-ups calendared (bank recall window, prosecutor deadlines)
Final notes
- Bring one government ID and two sets of printed annexes plus a USB with digital copies.
- Respond quickly to subpoenas and clarificatory hearings to avoid dismissal.
- This guide is for general information only and is not legal advice. For case-specific strategy, consult a Philippine lawyer, especially for high-value losses or cross-border elements.
You’ve got this—start with the bank/e-wallet call, package your evidence, and file. The earlier you act, the better your recovery odds.