How to File a Fraud Complaint for a Facebook Marketplace Scam in the Philippines
Updated as of 31 May 2025 – Philippine law and procedure remain in force unless otherwise noted.
1. Overview
Facebook Marketplace has become a popular venue for buying and selling, but its peer-to-peer design makes it attractive to fraudsters. When a scammer takes your money or property through deceit, you may pursue criminal, civil, and administrative remedies simultaneously. This guide walks you through every practical and legal step—evidence preservation, venue selection, document preparation, agency contacts, and the relevant statutes—so you can act quickly and maximize your chances of recovery.
Quick take:
- Secure screenshots, chat logs, payment slips, and courier records immediately.
- Report to Facebook to freeze the account and create a digital evidence trail.
- File a police blotter or go straight to the Anti-Cybercrime Group (PNP-ACG) or NBI Cybercrime Division for criminal investigation.
- Prepare a Verified Complaint-Affidavit (with attachments) and submit it to the Office of the City/Provincial Prosecutor.
- Consider DTI Fair Trade Enforcement Bureau for consumer cases or Small Claims Court for money under ₱1 million.
- Parallel civil action for damages remains available even while the criminal case is pending.
2. Legal Bases and Possible Charges
| Statute | Typical Charge | Key Elements |
|---|---|---|
| Art. 315, Revised Penal Code | Estafa (Swindling) | (a) deceit; (b) damage or prejudice capable of pecuniary estimation. Penalty varies by amount defrauded. |
| RA 10175, Cybercrime Prevention Act | Online Fraud / Computer-related Fraud | Same elements as estafa, with “computer system” as means. Imposes one degree higher penalty than offline estafa. |
| RA 8792, E-Commerce Act | E-Commerce Fraud | Unequivocally recognizes electronic documents and electronic evidence. |
| RA 7394, Consumer Act | False, Deceptive and Misleading Sales Act (Art. 50) | DTI may impose fines/closure. |
| RA 9484, Small Claims Rules (as amended 2022) | Civil Claim ≤ ₱1 million | Fast-track recovery of money or property; no lawyers required. |
| RA 10173, Data Privacy Act | Unlawful Processing / Unauthorized Disclosure (if personal data misused) |
Note: A Marketplace scam almost always satisfies estafa through deceit; using Messenger or GCash triggers the “computer system” qualifier under RA 10175.
3. Evidence: What Counts and How to Preserve It
| Evidence | How to Capture | Authentication Tips |
|---|---|---|
| Conversation with the seller (Messenger, SMS, Viber) | Use full-thread screenshots AND Facebook’s “Download Your Information” tool (Settings → Privacy) | Save as PDF; include URL and timestamp in footer. |
| Listing Page & Seller Profile | Screenshot and also copy the link; use Wayback Machine for archival (optional). | Note the Facebook User ID (source code: fbid=). |
| Payment Proof (GCash, bank transfer, remittance) | Export e-receipt; photograph the in-app receipt. | Have the issuing bank or e-wallet certify if the amount is substantial. |
| Courier Waybill / Tracking Logs | Keep original sticker or digital tracking page. | Show chain of custody for goods (or their absence). |
| ID of the scammer (if provided) | Screenshot; verify via LTO/DVLA sites, etc. | Useful for John Doe complaints (unknown real name). |
Best practice: Upload everything to cloud storage (e.g., Google Drive) immediately, share it only with trusted counsel, and print two hard copies for notarization.
4. Step-by-Step Criminal Complaint Workflow
Draft a Complaint-Affidavit
- Title: “People of the Philippines v. [Name/John Doe]”
- State personal circumstances, narration of facts in chronological order, and the specific penal provisions violated (e.g., Art. 315, RPC in relation to Sec. 6(a), RA 10175).
- Attach Annexes labeled A, B, C … (screenshots, receipts).
- Swear before a notary public or prosecutor.
Police Blotter or Direct Cyber Unit
- Local police station: necessary only if you need an immediate blotter for records or barangay mediation fails.
- PNP Anti-Cybercrime Group (Camp Crame QC) or any Regional ACG satellite office: file an E-Complaint Form plus USB of evidence.
- Alternative: NBI Cybercrime Division (UN Avenue, Manila) accepts walk-ins and online appointments (www.nbi.gov.ph).
Submission to the Office of the Prosecutor (City or Provincial)
- Bring six (6) signed copies of the Complaint-Affidavit with annexes.
- Pay filing fee (~ ₱50).
- Prosecutor issues Subpoena to the respondent and schedules a preliminary investigation.
- If respondent fails to appear, the case is resolved ex parte; prosecutor may file an Information in court.
Court Process
- Information is raffled to the appropriate Regional Trial Court (RTC) (cyber-offenses are RTC-exclusive).
- Court issues Warrant of Arrest or Summons.
- During trial, present electronic evidence under Rules on Electronic Evidence (A.M. 01-7-01-SC).
5. Civil Remedies
| Forum | When to Use | Key Advantages |
|---|---|---|
| Small Claims Court (MTC/MeTC) | Monetary claim up to ₱1 million | No lawyer fees; 30-day resolution target. |
| Regular Civil Action (RTC) | Claim exceeds ₱1 million or involves moral/exemplary damages | Broader discovery tools; can annotate property of defendant. |
| Situs of Property Rule | If the item is unique (e.g., real estate, art) | File where property is located. |
You may reserve the right to file separate civil action in the Complaint-Affidavit, or simply litigate damages within the criminal case (Art. 100, RPC).
6. Administrative / Consumer-Protection Tracks
| Agency | Jurisdiction | Procedure |
|---|---|---|
| DTI – Fair Trade Enforcement Bureau | Defective or misdescribed consumer goods/services; deceptive sales acts | File Sworn Complaint (Form FTEB-C-01) + ₱530 filing fee. |
| Bangko Sentral ng Pilipinas / GCash Help Center | Unauthorized e-wallet transactions | Online complaint; BSP investigates under CFPB rules. |
| National Telecommunications Commission (NTC) | SIM fraud, text scams | Sworn complaint vs. telco for failure to block number. |
An administrative finding can bolster your criminal case by serving as corroborative evidence of deception.
7. Facebook’s Internal Reporting
- Report Item / Seller: 3-dot menu → “Report Seller” or “Report Listing”.
- Appeal: If the account is not removed, escalate via facebook.com/help.
- Law Enforcement Contact (LEO Portal): Prosecutor or police can make a data preservation request (valid 90 days under U.S. Stored Communications Act). Provide case number and official email.
8. Jurisdiction and Venue Pointers
- Place of Deceit OR Place of Payment determines venue for estafa (People v. Yabut, G.R. 214779, 19 Jan 2021).
- Cybercrime cases are RTC-exclusive and may be filed where the computer used is located or where any element occurred (Sec. 21, RA 10175).
- Small claims venue is the municipality of plaintiff or defendant at plaintiff’s option (Rule 4, SCC Rules).
9. Timelines & Prescription
| Offense | Prescriptive Period |
|---|---|
| Estafa | 10 years (if punishable by > 6 years imprisonment) |
| Cyber-estafa | 15 years (Sec. 8, RA 10175) |
| Consumer Act violations | 2 years from discovery of violation |
| Civil action on fraud | 4 years from discovery (Art. 1391, Civil Code) |
The clock pauses once a complaint is filed with the prosecutor (Art. 91, RPC).
10. Practical Drafting Checklist
- Personal details of complainant (Name, address, ID).
- Complete facts: who, what, when, where, how, amount.
- “I was induced to part with ₱____ by means of false pretenses described as follows…”.
- Citation of Art. 315(2)(a) RPC in relation to Sec. 6(a) RA 10175.
- Prayer: “That respondent be charged accordingly and that the amount defrauded plus damages be returned.”
- Signature over printed name; Community Tax Certificate (CTC) number.
- Jurat with notary public or assistant prosecutor.
11. Cost Snapshot (2025)
| Item | Typical Cost |
|---|---|
| Notarization of Affidavit | ₱150 – ₱500 |
| Prosecutor Filing Fee | ~ ₱50 |
| Certified True Copies (per page) | ₱10 – ₱20 |
| NBI Clearance of Respondent (for court) | ₱130 |
| Sheriff’s Service of Summons | ₱1,000 (deposit) |
| Small Claims Docket Fee | ₱2,000 (if ₱200k claim) up to ₱7,500 (₱1 M claim) |
12. Frequently Asked Questions
Can I sue Facebook itself?
- Generally no; §230-style immunities and Facebook’s Terms of Service disallow liability for user content. Focus on the individual scammer.
What if the scammer is overseas?
- File the criminal case; request Red-Notice via NBI-Interpol. For civil recovery, you may need to litigate in the defendant’s domicile.
Is entrapment legal?
- Yes, if coordinated with law enforcement; avoid private vigilante stings that may endanger you.
Can I post the scammer’s info online?
- Be cautious of libel (Art. 353, RPC) and Data Privacy Act. Stick to factual statements and file your case instead.
13. Tips for Faster Resolution
- Barangay mediation is optional in cyber-estafa (punished > 1-year imprisonment), but attending can sometimes prompt a settlement.
- Demand letters often trigger refunds; send via email, registered mail, and Messenger with read-receipt captured.
- Use alternative service (court-approved posting via Messenger/email) if the respondent is evasive.
- Coordinate with GCash / bank to flag the recipient account; they may voluntarily freeze funds pending investigation.
14. Template: Complaint-Affidavit (Skeleton)
Republic of the Philippines [City] Office of the City Prosecutor
I, [Full Name], Filipino, of legal age, etc., after being duly sworn, depose and state:
- On [Date] I saw a Facebook Marketplace listing for [Item] priced at ₱__.…
- Respondent using Facebook account “[Profile Name]” promised to deliver… (Attach screenshots as Annex “A”). … WHEREFORE, I respectfully pray that an Information for Estafa under Art. 315 par. 2(a) of the RPC in relation to Sec. 6(a) of RA 10175 be filed against respondent.
IN WITNESS WHEREOF, I have hereunto set my hand this 31st day of May 2025 at [City], Philippines.
[Name] SUBSCRIBED AND SWORN to before me…
15. Final Caveats
This article is for general informational purposes and does not create an attorney-client relationship. Laws change—always verify current rules or consult a Philippine lawyer for advice tailored to your facts.
By following the steps and legal foundations above, you should be well-equipped to pursue justice—and reimbursement—against scammers operating on Facebook Marketplace in the Philippines. Good luck, and stay vigilant online!