How to Recover Money Sent to a Scammer in the Philippines

(A practical, Philippine-law–focused guide. Not legal advice.)

Quick take

Recovering funds from a scam is a race against time and paperwork. Your best odds come from doing all three tracks at once: (1) bank/e-wallet dispute to freeze or recall funds, (2) law-enforcement complaint so providers can lawfully disclose/freeze, and (3) civil remedies (demand, small claims or regular suit) to get a judgment you can enforce. The exact mix depends on how you paid and whether the money is still in the recipient account.

What counts as a “scam” in PH law

Criminal: Most scams fall under estafa/swindling (Revised Penal Code, Art. 315, as amended by RA 10951). Online scams can be charged under the Cybercrime Prevention Act (RA 10175) when committed through computers/networks and may include aiding/abetting or attempted offenses. Credit/debit card fraud touches the Access Devices Regulation Act (RA 8484).
Civil: You can sue to annul or rescind a contract vitiated by fraud (dolo), claim damages, or demand restitution via solutio indebiti (payment by mistake) and unjust enrichment (Civil Code, e.g., Arts. 22, 1330/1338, 2154).

Prescriptive periods (time limits) • Criminal estafa generally prescribes in 10–15 years depending on the imposable penalty (which scales with the amount). • Civil: fraud/annulment is 4 years from discovery; quasi-contracts like solutio indebiti are 6 years; written contracts 10 years.

First 24–72 hours: the playbook

Freeze/recall the transfer
- Bank transfer (PESONet/InstaPay): Call your bank immediately and submit a recall/reversal or fraud dispute. Provide reference numbers, time, recipient details, screenshots.
- E-wallet: Use in-app help + email escalation. Ask for account freeze and KYC disclosure to law enforcement.
- Card (credit/debit): File a chargeback/dispute for fraud/authorised-push scam as applicable. Card network rules and bank policies set strict deadlines (often measured in days).
- Remittance counter: If still unclaimed, ask for a hold/cancellation.
Report to law enforcement
- NBI Cybercrime Division or PNP Anti-Cybercrime Group (ACG). File a Complaint-Affidavit with your evidence (see checklist below). Request assistance to identify the beneficiary, preserve data, and seek warrants/subpoenas.
Notify regulators (parallel track)
- BSP (banks/e-money issuers), SEC (securities/investments/lending), or DTI (consumer transactions/online sellers). Under the Financial Products and Services Consumer Protection Act (RA 11765), regulators can require providers to act on disputes and, in appropriate cases, order restitution.
Lock down your own security
- Change passwords/PINs, enable MFA, and SIM-swap-proof your mobile number. Report suspicious SIMs to your telco/NTC (the SIM Registration Act, RA 11934 helps tracing, via lawful requests).

Evidence checklist (keep originals; don’t edit)

Proof of payment: transfer slips, RRN/trace IDs, card statements, in-app receipts.
Chats, emails, listings, screenshots (full screen if possible), phone numbers, usernames, links, ad IDs.
Any IDs, selfies, or bank details the scammer sent.
Your timeline: when you sent, when you realised, who you called, ticket numbers.
Device info: IPs (if visible), email headers, filenames.
Prepare a Complaint-Affidavit (notarized if filing with a prosecutor) and attach exhibits. (Electronic communications are admissible under the Rules on Electronic Evidence; preserve original files/metadata.)

Bank, e-wallet, and card remedies

1) Bank transfers (InstaPay/PESONet)

Best case: Funds are still in the recipient account → the receiving bank may freeze and reverse upon your bank’s formal recall request or pursuant to law-enforcement order.
Hard cases: Funds were instantly withdrawn/cashed out → recall usually fails; you pivot to criminal/civil routes and aim for asset tracing and garnishment later.

What to ask for

Immediate transaction recall/reversal and freeze of recipient account.
Escalation to the bank’s Consumer Assistance Mechanism (CAM) and a written decision.
If refused or delayed, elevate to BSP Consumer Protection with your case file.

2) E-wallets

Ask for account freeze, logs, device fingerprints, and preservation of data for law enforcement.
Wallets typically need a subpoena/warrant before releasing KYC details to you; the police/NBI can request these.

3) Cards (credit/debit)

File a dispute/chargeback.
For unauthorized transactions, the bank often bears more responsibility; for authorized push scams (you keyed in the OTP), outcomes vary—present evidence of social engineering and any bank security lapses.

Law-enforcement route (criminal case)

Where to file: NBI-CCD or PNP-ACG; later, Office of the City/Provincial Prosecutor (preliminary investigation). Venue can be where any element occurred or where the computer system was used/accessed.
Elements: deceit + damage (for estafa), or relevant cybercrime offense.
Process: complaint-affidavit → subpoenas/counter-affidavits → prosecutor’s resolution → filing of Information in court → trial.
Parallel civil liability: In estafa, the civil action for restitution is generally impliedly instituted with the criminal case unless you waive/reserve it or filed a separate civil action first. Coordinate with counsel to avoid double recovery.
Data access: Banks/e-wallets/telcos can disclose recipient identity/records upon lawful order; law enforcement can obtain subpoenas/search warrants.

Asset freezing/AMLA Where facts indicate money laundering or related unlawful activity, authorities may seek freeze/asset preservation orders through the AMLA framework. This is powerful but typically used when there’s a bigger pattern or STRs; still worth flagging to investigators.

Civil routes (getting a judgment you can enforce)

A. Small Claims (fastest, no lawyers in hearing)

Use if your claim is purely sum of money (refund/restitution, plus interest/costs).
Jurisdictional amount: up to ₱1,000,000 (as of 2023 revisions).
Good for: “I sent ₱___ for a phone that never arrived; refund.”
File where the defendant resides or the transaction occurred. Bring proof of payment and your demand letter.

B. Regular civil action

For amounts above small-claims, or if you need injunctions/attachment, or you’re also claiming damages (moral, exemplary) or annulment/rescission due to fraud.
Provisional remedies you can ask for:
- Preliminary attachment (Rule 57) to secure assets if the defendant is hiding assets/absconding or obtained money by fraud.
- Preliminary injunction/TRO to stop dissipation.
- Garnishment of bank accounts after attachment or after judgment.

Bank secrecy means you usually can’t fish for bank records in a pure civil case without a court order and specific grounds. Criminal and AMLA proceedings create more disclosure paths—another reason to pursue both tracks.

Special scenarios

1) Crypto transfers

If funds hit a centralized exchange (local or foreign), immediately send an urgent freeze request to its abuse/compliance inbox and file with law enforcement so they can issue lawful requests.
If funds went to a self-custody wallet, on-chain tracing is possible but freezing is not; recovery depends on identifying a choke point (an exchange) later.

2) Cross-border recipients

Coordination goes through MLAT/Interpol channels or regulator-to-regulator requests. Expect longer timelines and higher costs; emphasize card chargebacks and platform disputes if available.

3) Marketplace/social-media scams

Use the platform’s buyer protection (if any) and report the seller. DTI is the usual regulator for consumer online purchases; SEC handles investment or unregistered securities schemes; BSP handles banks/e-wallets.

4) Account takeover / SIM swap

Treat as unauthorized transaction. Demand investigation from your bank/wallet and telco; ask the telco for SIM change logs via law enforcement.

What outcomes to expect

Best case (fast action): recall succeeds before cash-out; money returns in days/weeks.
Common case: funds were withdrawn; criminal case + civil suit needed; recovery comes after judgment (via attachment/garnishment) or via settlement brokered by prosecutors/regulators.
Hard case: mules, cross-border cash-outs, or crypto self-custody—recovery is uncertain; focus on evidence preservation, platform blocks, and future enforcement if identities emerge.

Practical timelines (typical—not guarantees)

Bank/e-wallet dispute: acknowledgement quickly; resolution can take weeks.
Chargeback: can span 1–3+ months depending on scheme/rules.
NBI/PNP complaint → prosecutor: weeks to months to resolution.
Small claims: often 1–3 months to judgment (varies by docket).
Regular civil/criminal: months to years; provisional remedies can secure assets earlier.

Agency & venue cheat-sheet

Situation	First stop(s)	Why
Bank/e-wallet transfer to scammer	Your bank/e-wallet CAM; BSP escalation if needed	Recall/freeze; regulatory pressure; possible restitution under RA 11765
Online consumer sale scam	DTI + platform dispute	Mediation, compliance orders; refunds via settlement
Investment/“trading” scam	SEC	Unregistered securities/pyramids; cease & desist; possible restitution
Card fraud	Issuing bank (dispute)	Chargeback rights under card rules
Any cyber-enabled scam	NBI-CCD / PNP-ACG	Subpoenas, warrants, arrests; evidence collection
Data misuse/doxing	NPC	Privacy violations; takedowns/penalties
Scam number	Telco/NTC (report)	SIM identification/blocking via lawful requests

Templates (copy-paste & tailor)

1) Urgent bank/e-wallet recall/freeze request

Subject: URGENT RECALL/FREEZE – Fraudulent Transfer via [InstaPay/PESONet/E-wallet/Card] To: [Bank/E-wallet CAM Email] I request urgent recall/freeze of a fraudulent transfer sent on [date/time, Asia/Manila] for ₱[amount] to [recipient name/account/wallet]. Reference IDs: [RRN/Trace/ARN/etc.] Basis: fraud/mistake/social engineering. Please escalate to your Fraud/Compliance team and confirm written action taken. I consent to data sharing with NBI/PNP. Attached: proof of payment and communications. Complainant: [Name, mobile, email], valid ID attached.

2) Demand letter to the scammer (civil)

Subject: DEMAND FOR RESTITUTION (Fraudulent Transfer) On [date], I transferred ₱[amount] to your account [details] based on misrepresentation. Under the Civil Code (fraud; unjust enrichment; solutio indebiti), you are obliged to return the amount with legal interest within 5 days of receipt of this letter, otherwise I will file criminal and civil actions and seek attachment of your assets. [Name/Address/Signature]

3) Complaint-Affidavit (skeleton)

Complainant: [Name, Address, ID] Respondent/s: [Known names/aliases/“John/Jane Doe”] Offense/s: Estafa (Art. 315), [and/or RA 10175/RA 8484, as applicable] Facts: Chronology with dates/times, how deceit happened, transfers made (attach receipts), chats/ads/screenshots, losses suffered. Prayer: Issue subpoenas to [banks/e-wallets/telcos], preserve and produce records; file appropriate charges; recover the amounts. Attachments: Label exhibits (A, B, C…). Verification/Jurat before a notary.

Common pitfalls (and how to avoid them)

Waiting for a response before filing with NBI/PNP — file in parallel.
Editing screenshots — keep originals; annotate copies only.
One-track approach — combine bank dispute + police + civil.
Over-pleading in small claims — stick to sum of money + interest/costs.
Security hygiene — change passwords/MFA immediately.

When to get a lawyer

Amount is substantial; you want attachment/injunction; you’re suing multiple parties (mules, platform operators); or you need cross-border help. If indigent, try PAO or IBP free legal aid.

Bottom line

Move fast, document everything, and pursue multiple legal and procedural paths at once. Even when funds are gone, good evidence + a swift paper trail can lead to freezes, identification of mules, settlements, or a judgment you can collect later.

If you’d like, tell me how you paid, when, and the amount, and I’ll tailor this into a step-by-step action plan (plus a customized demand letter) for your exact situation.