How to File an Estafa Complaint for an Online Scam in the Philippines

A practical legal guide for victims, lawyers, and law enforcers

1. Why “estafa” for an online scam?

Key point	Explanation
Estafa = fraud + damage	Article 315 of the Revised Penal Code (RPC) punishes “any person who, by means of deceit, defraud[s] another, causing damage or prejudice.” Online swindles usually fall under Art. 315 ¶ 2(a) (false pretenses or fraudulent acts executed prior to or simultaneously with the fraud).
Still a cybercrime	When the deceit is committed “through and by means of information and communications technologies,” the act is also a §6 offense under the Cybercrime Prevention Act of 2012 (RA 10175). The cyber-element does not change the definition; it merely aggravates the penalty and clarifies jurisdiction of cybercrime courts.
Amount matters	RA 10951 (2017) updated the RPC values: • ₱40,000 or less → prisión correccional (up to 6 yrs) • ₱40,000 – ₱1.2 M → prisión mayor (up to 12 yrs) • Over ₱1.2 M → reclusión temporal (12 yrs + 1 day to 20 yrs). The court may also order restitution and fine up to thrice the amount defrauded.

2. Elements you must prove

Deceit or fraudulent misrepresentation – screenshots of chats, fake websites, bogus proof-of-payment, social-media ads, email headers, etc.
Reliance by the victim – proof you actually believed and acted on the lie (e.g., confirmation e-mails, shipping receipts, bank transfer slips).
Damage or prejudice capable of pecuniary estimation – the peso value lost; include bank statements, GCash history, or cryptocurrency wallet logs.
Identification of the culprit – IP logs, KYC information, facial recognition from profile pictures, pick-up CCTV, delivery riders’ affidavits.

Tip: Where identity is doubtful, coordinate first with NBI Cybercrime Division or PNP Anti-Cybercrime Group (ACG) for tracing requests before you file the complaint-affidavit.

3. Where to file

Option	Best for	Process
Office of the City/Provincial Prosecutor (OCP/OPP)	Any estafa case, especially when you already know the respondent’s name or address.	File a Complaint-Affidavit with annexes; pay minimal filing fee (often <₱100). data-preserve-html-node="true" Docket number issued on the spot.
NBI Cybercrime Division	Complex tracing, large-scale fraud, cross-border operations.	Sworn statement + evidence. NBI can launch fact-finding and forensic imaging before endorsing the case to DOJ.
PNP-ACG	Time-sensitive scams needing quick asset freezing (e.g., ongoing “pig-butchering” crypto scams).	Execute a police blotter; PNP-ACG may apply for a freeze order under the Anti-Money Laundering Act.
Online Filing (eComplaint Portal)	Victims outside NCR or overseas Filipinos.	Upload complaint-affidavit with e-signature; the portal automatically routes to the proper prosecutor’s office.

Venue rule (cyber estafa): You may file in any of these places: (a) where the material was accessed, (b) where the perpetrator was located when the message was sent, or (c) where any element of the offense occurred (Art. 360, RPC in relation to §21, RA 10175).

4. Step-by-step workflow

Send a demand letter (optional but helpful). Gives the offender a chance to return the money; non-payment strengthens the “damage” element.
Gather and secure digital evidence.
- Save full-page screenshots (include URL and timestamp).
- Download CSV copies of e-wallet logs; request Certificate of Full Transaction History from the provider.
- Use a hash generator (e.g., SHA-256) so you can verify integrity in court.
Draft a Complaint-Affidavit.
- Narrate facts in chronological order.
- State each element of estafa and attach Annexes A-Z.
- Swear before a prosecutor or authorized notary public.
File and pay docket fee.
- Receive Subpoena dates (usually 10 days for respondent’s counter-affidavit).
- Prosecutor may subpoena telecom/e-wallet records motu proprio under §14, RA 10175.
Preliminary investigation.
- Position papers: you may rebut the respondent’s defense.
- Resolution: If probable cause is found, an Information is filed in the proper RTC (Cybercrime Court).
- Typical timeline: 60–90 days, but high-profile cyber cases can be expedited.
Court phase.
- Arraignment → pre-trial → trial on the merits.
- Prosecution must present expert witness for digital forensics (Rule 5, Rules on Electronic Evidence).
- Judgment; restitution and damages awarded; alias warrant for non-appearance.

5. Prescriptive periods

Estafa under Art. 315: 15 years if penalty ≤ prisión mayor; 20 years if reclusión temporal.
The period pauses upon filing of the complaint or when the offender is outside PH.
For minors or mentally incapacitated victims, civil action may toll until legal representation is possible (Art. 1390, Civil Code).

6. Complementary or alternative causes of action

Law	When to use	Penalty
RA 8484 (Access Devices Regulation Act)	Credit-card fraud, cloned ATM cards, phishing for OTPs.	Up to 20 yrs + fine twice the value obtained.
RA 8792 (E-Commerce Act)	Falsification of electronic documents, hacking shopping carts.	Prisión mayor + fine ₱100k–₱1 M.
RA 11765 (Financial Products and Services Consumer Protection Act)	Scam involves a BSP- or SEC-regulated entity.	Administrative fines; restitution orders; potential criminal liability for responsible officers.
Civil case for recovery of sum of money plus damages	You need immediate payment rather than imprisonment.	Regional or first-level courts, depending on amount; can proceed independently or be reserved in the criminal case.

7. Practical tips for a stronger case

Act quickly – e-wallet providers typically keep logs for only 1 year.
Preserve the chain of custody – keep original devices unaltered; use write-blockers when imaging drives.
Coordinate with AMLC – request a freeze order (§10, AMLA) to preserve stolen funds.
Avoid entrapment stings without police – vigilante setups may defeat admissibility.
Beware of confidentiality rules – telecom and bank records need a §12 RA 10175 court warrant or AMLC authority.

8. Template: Core parts of a Complaint-Affidavit

Title: “Complaint-Affidavit for Estafa (Art. 315 ¶ 2[a], RPC) in relation to §6, RA 10175” Parties: Complainant full name, address, contact; Respondent full name/alleged online handle, address (or “address unknown”). Narration of Facts: numbered paragraphs, dates + times, screenshots labelled Annex A, B … Elements Alleged and Evidence: matrix linking each element to annex. Prayer: request for issuance of subpoena, filing of Information, restitution, and freeze of identified accounts. Verification & Oath: jurat before prosecutor/notary.

(Annex a demand letter and registry receipts if sent.)

9. Frequently asked questions

Question	Short answer
Can I file in my hometown even if the scammer is in another city?	Yes—the cybercrime may be filed where the electronic message was received (Rule 22, A.M. No. 17-11-03-SC).
Do I need a lawyer?	Not strictly, but drafting errors can cause dismissal; legal counsel is strongly advised.
What if the scammer is abroad?	The court can still take cognizance; arrest may rely on extradition or an Interpol red notice.
Is mediation possible?	The OCP may endorse settlement; however, cyber estafa is not among the offenses subject to mandatory mediation under the DOJ’s National Prosecution Service Manual.
How long before I see results?	Average: 6 months from filing to court raffle; 2–4 years to judgment. Early plea-bargaining or compromise can shorten this dramatically.

Final reminders

Document everything the moment you suspect fraud; digital footprints erode fast.
Filing a criminal case does not automatically bring your money back—pursue civil remedies or restitution motions.
Laws cited: Art. 315 & 360, RPC; RA 10175; RA 8792; RA 8484; RA 10951; RA 11765; AMLA (RA 9160, as amended). Always read the latest issuances (e.g., DOJ Circular 020-2023 on e-scam protocols) for updates.
This guide is informational and not a substitute for personalized legal advice. Consult a Philippine lawyer for case-specific strategies.