How to File a Criminal Complaint Against a Scammer in the Philippines (A comprehensive practitioner-level guide as of 12 June 2025. This is general information, not a substitute for personalized legal advice.)
1. Why “scamming” is a crime
In Philippine law there is no single offense called “scam.” Conduct we casually describe as a scam is usually prosecuted as one (or a combination) of:
| Statute | Section | Common label | Key elements | Penalty band* |
|---|---|---|---|---|
| Revised Penal Code (RPC) Art. 315 | par. 1–3 | Estafa / swindling | (1) Deceit (false pretense, fraudulent act, or abuse of confidence) and (2) Damage capable of pecuniary estimation | Prisión correccional (6 m.–6 y. 8 m.) to prisión mayor (6 y. 8 m.–12 y.), amount-indexed under R.A. 10951 (2017) |
| R.A. 10175 (Cybercrime Prevention Act) | §4(b)(2) | Cyber-estafa | Estafa committed through ICT; penalty one degree higher than Art. 315 | |
| R.A. 8484 (Access Devices Regulation Act) | §9 | Credit-card or e-wallet fraud | Unauthorized use or possession of an access device | Prisión correccional to reclusión temporal, plus fines |
| B.P. 22 (Bouncing Checks Law) | Entire Act | Issuance of worthless checks | Making/drawing/issuing a check that bounces on presentment | Imprisonment ≤ 1 year or fine ≤ ₱200 000 (or both) |
| RPC Art. 318 | — | Other deceits (light scams) | Deceit with damage ≤ ₱50 000 after R.A. 10951 | Arresto mayor (1 m.-6 m.) |
*Penalties are shown in their principal ranges; qualified circumstances (e.g., syndicated or large-scale estafa under P.D. 1689) can raise them to reclusión temporal or perpetua.
2. Must you go to the barangay first?
Under the Katarungang Pambarangay Law (R.A. 7160, Chap. VII), lupon mediation is not required when:
- The offense carries > 1 year imprisonment or > ₱5 000 fine (Art. 315 and cyber-estafa exceed both);
- Parties reside in different cities or municipalities;
- The complainant opts to file directly with the National Bureau of Investigation (NBI) or PNP Anti-Cybercrime Group (ACG) for cybercrimes.
Because most scams exceed these thresholds, victims ordinarily bypass barangay conciliation.
3. Evidence checklist
| Type | Examples | Notes |
|---|---|---|
| Digital artifacts | Screenshots of chats, emails, social-media posts, transaction logs, blockchain explorers | Preserve original copies (PDF/HTML exports) and note metadata (timestamps, URLs). |
| Financial records | Deposit slips, online-banking confirmations, e-wallet receipts (GCash, Maya), remittance slips | Obtain bank certification if possible. |
| Identification links | KYC screenshots, selfies sent by the scammer, IP addresses from email headers | Helpful to establish identity & jurisdiction. |
| Affidavits | Your own complaint-affidavit, plus sworn statements of witnesses | Use the Sample Format in §10 below. |
Tip: For cyber evidence, ask NBI-CCD or PNP-ACG for a digital forensic imaging report before filing; this avoids later authenticity challenges under the Rules on Electronic Evidence (A.M. 01-7-01-SC).
4. Where and how to file
| Scenario | Primary office | Statutory basis |
|---|---|---|
| Offline estafa (face-to-face, cash) | Office of the City or Provincial Prosecutor (OCP/OPP) where any element occurred — typically where money was handed over or deceit was committed. | Rule 110, Sec. 15, Rules of Criminal Procedure |
| Cyber-estafa | OCP where the victim resides, where the digital device was used, or where the data was accessed/received (RA 10175 §21). | RA 10175, Implementing Rules |
| Complex/syndicated scams | Directly with NBI (Cybercrime, Anti-Fraud) or PNP-ACG; they will endorse to the correct OCP after investigation. | DOJ-NBI Charter; PNP Charter |
Step-by-step outline
Prepare the Complaint-Affidavit Contain jurisdictional facts, fully narrate what happened chronologically, specify the offense (e.g., “Estafa under Art. 315 par. 2(a) in relation to RA 10175 §4(b)(2)”), quantify the loss, and attach all evidence as Annexes.
Notarize the affidavit (or subscribe it before the Investigating Prosecutor under Rule 112 §3).
Attach supporting documents: IDs, screenshots (printed & soft copy on USB/DVD), bank certifications, witness affidavits, police blotter.
File with the docket officer of the OCP/OPP and pay the filing fee (₱ 5.00 – ₱ 50.00 is common; cybercrime complaints are now exempt in many offices).
Preliminary Investigation (PI)
- a. Prosecutor issues Subpoena to respondent(s) giving 10 days to file a Counter-Affidavit.
- b. Complainant may reply in 5 days (optional).
- c. Parties may be called for clarificatory hearing.
Resolution If* probable cause** is found*, Information is filed in the proper trial court (Metropolitan, Municipal, or Regional Trial Court depending on penalty and cyber qualifier). If dismissed, you may file a Motion for Reconsideration within 15 days or elevate the case to the DOJ via Petition for Review under DOJ Circular 70-2000.
Court stage
- a. Arraignment & Pre-Trial (Rule 116, 118).
- b. Trial proper – prosecution then defense evidence.
- c. Judgment.
Execution & Restitution You may move for restitution of the amount defrauded (RPC Art. 104-107) or file a separate civil action for damages if not included in the criminal case.
5. Jurisdiction, venue & prescription
| Offense | Venue | Prescriptive period* |
|---|---|---|
| Estafa (≤ ₱ 1.2 M) | RTC where offense or any element occurred | 15 years (Art. 90 as amended by RA 10951) |
| Estafa (> ₱ 1.2 M or syndicated) | RTC; Sandiganbayan if public officials involved | 20 years |
| Cyber-estafa | RTC-designated Cybercrime Court; venue rules in §4 above | Same as underlying offense, but prescriptive period suspended during foreign service of digital warrants (RA 10175 §15) |
| B.P. 22 | MTC/MeTC/MTCC | 4 years |
*Running from the date of discovery of the fraud if the offender attempted to conceal it (Art. 93 RPC).
6. Interim protective measures
- Freeze Order / Asset Preservation – Under the Anti-Money Laundering Act (AMLA) §10 if proceeds exceed ₱500 000; file through AMLC-DOJ.
- Hold Departure Order (HDO) – Motion with the court upon filing of Information (Supreme Court A.M. 18-07-05-SC).
- Preservation of Computer Data – 60-day provisional order under RA 10175 §13, issued ex parte during PI.
7. Timelines & cost range (practical)
| Phase | Typical duration | Typical out-of-pocket cost (2025 ₱) |
|---|---|---|
| Evidence gathering | 1 – 4 weeks | 0 – 20 000 (forensic imaging, certifications) |
| Filing to PI resolution | 3 – 6 months (fast-track cyber desks: 45 days) | 100 – 5 000 |
| Court trial | 1 – 3 years | 20 000 – 150 000 (filing fees, counsel, subpoenas) |
| Appeal (optional) | +1 – 2 years | 50 000 – 300 000 |
8. Common pitfalls (and how to avoid them)
| Pitfall | Prevention |
|---|---|
| Screenshots lack hash/metadata → authenticity challenged | Save download originals; ask NBI/PNP to hash the files (SHA-256) and certify. |
| Venue error (filed in wrong OCP) | Alleged scammer overseas? State in affidavit that “acts constituting deceit were received/viewed in [City]” to anchor cyber venue. |
| Complaint-Affidavit too brief | Include who, what, when, where, how, link evidence annex letters in the narration, and allege both elements (deceit + damage) expressly. |
| Prescription about to lapse | File a Police Blotter or complaint with NBI first; interrupts prescription (SC jurisprudence in People v. Dizon, G.R. 80148). |
| Baranggay referral ignored when required | If the amount is small and both parties live in the same city, attach a Certification to File Action from the Punong Barangay. |
9. Coordination with regulators & platforms
- BSP & e-wallet providers (GCash/Maya/GrabPay) – File an Intra-Bank Fraud Report within 15 days under BSP Circular 1049 (2020 e-money guidelines).
- SEC / DTI – For investment scams, file with SEC Enforcement and Investor Protection Dept.; SEC may issue a cease and desist order while prosecution proceeds.
- Online marketplaces (Lazada, Shopee, Facebook, TikTok Shop) – Submit police blotter and complaint number to trigger seller takedown and freeze of wallet credits.
10. Sample complaint-affidavit skeleton
REPUBLIC OF THE PHILIPPINES )
CITY OF _______ ) S.S.
COMPLAINT-AFFIDAVIT
I, JUAN DELA CRUZ, Filipino, of legal age, married, and residing at
#123 Mabini St., ______ City, after having been duly sworn, depose:
1. I am the victim-complainant in this case for ESTAFATM under
Article 315 par. 2(a) of the RPC, in relation to Sec. 4(b)(2) of R.A. 10175.
2. On 15 March 2025, respondent **MARIA SANTOS** (alias “@ShopGuruPH”)
sent me a Facebook message (Annex “A”) offering brand-new laptops...
3. Believing her representations, and to my damage, I transferred
**₱78 500.00** via GCash on 16 March 2025 (Annex “B” bank receipt).
4. Respondent thereafter blocked me and failed to deliver the goods...
5. Respondent’s acts constitute deceit producing damage, hence estafa.
**PRAYER**
WHEREFORE, I respectfully pray that criminal charges be filed.
IN WITNESS WHEREOF...
(Signature)
SUBSCRIBED AND SWORN to before me... (Notarial details)Attach Annexes A-Z: screenshots, bank certifications, device forensic report, etc.
11. Frequently asked questions
| Question | Short answer |
|---|---|
| Can I settle and still pursue the case? | Yes. Payment of restitution can mitigate liability but does not extinguish criminal liability once the Information is filed, except before judgment and with prosecutor/court approval. |
| How do I trace a GCash wallet owner? | Include the wallet number in your complaint; prosecutor may subpoena E-MONEY ISSUER under Rule 136. |
| Is online shaming (posting the scammer’s name) legal? | Be cautious: it may expose you to R.A. 10175 libel liability if allegations are not yet proven. Stick to verified facts and official filings. |
| Can foreigners be charged? | Yes. Acts constituting the crime were committed within Philippine jurisdiction when viewed/accessed here (RA 10175 §21); arrest may require extradition or red-notice. |
| What if the amount is small (≤ ₱50,000)? | Still estafa (Art. 318 other deceits). You may prefer civil Small Claims (A.M. 08-8-7-SC) for speedy recovery; criminal filing remains an option. |
12. Key takeaways
- Pin down the correct offense (ordinary estafa vs. cyber-estafa; BP 22 if check involved).
- Venue matters: cyber-estafa gives you flexibility; use it strategically.
- Evidence wins cases – secure original digital logs and notarize affidavits early.
- Timing: file before prescription runs; blotter or NBI routing can toll the period.
- Civil restitution is possible within the criminal action – reserve or pursue separately.
- Stay alert for settlement scams (e.g., fake “refund agents”) during the case.
13. Disclaimer
This article reflects the law and typical practice up to 12 June 2025 and is intended for educational purposes. Consult a Philippine lawyer for advice tailored to your circumstances.
Prepared by ChatGPT (OpenAI o3), summarizing Philippine statutes, Supreme Court rules, and customary prosecutorial practice.