How to Report Advance-Fee (“Deposit First”) Prize Scams in the Philippines
A practical legal guide for consumers, compliance officers, and investigators
Disclaimer: This article provides general information on Philippine laws and procedures. It is not a substitute for legal advice. For case-specific guidance, consult a lawyer or seek assistance from the relevant government agency.
1) What is an advance-fee (“deposit first”) prize scam?
An advance-fee prize scam is a fraudulent scheme where a victim is told they have won a raffle, promo, or grant but must first pay a “deposit,” “processing fee,” “tax,” or “delivery charge.” Scammers often pose as banks, e-wallets, courier services, telcos, TV networks, government offices, or well-known brands. Common contact channels include SMS, messaging apps, social media DMs, spoofed emails, fake websites, and VoIP calls.
Red flags
- You never entered any promo, or the “promo” terms are vague.
- Requests for upfront payment or to share OTPs/PINs.
- Sense of urgency (“claim within 30 minutes”) or secrecy.
- Links to strange domains or forms collecting personal data.
- Accounts for payment are in personal names or newly created e-wallets.
2) Applicable Philippine laws (key provisions)
While prosecutors decide exact charges based on facts, these provisions commonly arise:
- Revised Penal Code, Art. 315 (Estafa/Swindling): Fraud through false pretenses, deceit, or fraudulent acts causing damage.
- Cybercrime Prevention Act of 2012 (R.A. 10175): “Computer-related fraud,” “computer-related identity theft,” and use of information & communication technologies as a means or in relation to other crimes (e.g., estafa committed online).
- Access Devices Regulation Act (R.A. 8484): Fraudulent use of access devices (credit/debit cards, e-wallet credentials, OTPs).
- Data Privacy Act of 2012 (R.A. 10173): Unlawful processing, unauthorized disclosure or misuse of personal data gathered by scammers or data brokers.
- Consumer Act of the Philippines (R.A. 7394): Deceptive sales acts and practices; false or misleading advertisements and promotions.
- E-Commerce Act (R.A. 8792): Offenses committed by, through, and with the use of information and communications technologies.
- Financial Consumer Protection Act (R.A. 11765): Duties of banks/e-money issuers/remittance and payment companies to handle complaints, investigate fraud, and provide redress mechanisms.
- SIM Registration Act (R.A. 11934): Registration and deactivation regimes relevant to scam SMS and number tracing (with proper legal process).
Depending on the scheme, other statutes and special laws (e.g., on falsification, anti-money laundering, or telecommunications rules) may also apply.
3) Which authority should you report to?
Think of three tracks that can run in parallel:
Criminal complaint & investigation
- PNP Anti-Cybercrime Group (PNP-ACG) or your local police station (for blotter and referral).
- NBI Cybercrime Division (especially for more complex, syndicated, or cross-border cases).
- DOJ Office of Cybercrime / National Prosecution Service (for inquest or filing of information after investigation).
Regulatory & consumer protection
- Bangko Sentral ng Pilipinas (BSP) consumer assistance if banks/e-wallets, remittance or payment players are involved (failure to assist, lax controls, or dispute handling issues).
- DTI – Fair Trade/Consumer Protection for deceptive promotions or false advertisements using brand names and promo mechanics.
- National Privacy Commission (NPC) for unlawful harvesting or misuse of personal data, phishing pages, or data broker activity.
- National Telecommunications Commission (NTC) for spam/scam SMS or spoofed calls; requests to block numbers/sites (with due process).
- Securities and Exchange Commission (SEC) when the “prize” pitches morph into investment/“membership” schemes.
Private/commercial pathways
- Your bank/e-wallet (incident report, transaction dispute, account freeze/trace requests).
- Merchant platform/marketplace (take-downs, seller bans).
- Telco/social media/email provider (account and domain takedowns).
Tip: File with both an investigative body (PNP/NBI) and your financial service provider immediately. Parallel action improves recovery odds.
4) Evidence: what to preserve (before you report)
Create a forensic-minded evidence pack:
- Messages: Full SMS threads, chat logs (export TXT/PDF), email headers (.eml/.msg), voicemail recordings.
- Screenshots & screen recordings: Entire conversation, profile pages, and every payment step; include full device status bar (date/time/battery/network) for authenticity.
- URLs & web artifacts: The scam link, shortened URL previews, WHOIS lookup results (if you know how), and any redirects observed.
- Payment records: Deposit slips, e-wallet/bank transaction IDs, reference nos., account names/numbers, timestamps, and amounts.
- Device & account details: Your phone model/OS, app versions, and account identifiers (wallet ID, mobile no., email).
- Witnesses: Names/contact details of anyone who saw the interactions.
- Chain of custody notes: Who collected which file, when, and from where.
Do not delete chats or reset your device. If possible, export data rather than just screenshot. Keep original files alongside PDFs/photos.
5) Step-by-step: how to report
A. If you have not sent any money yet
Stop contact. Do not click links or share OTPs.
Capture evidence (see Section 4).
Report to regulators/platforms:
- Forward spam/scam messages to your telco’s reporting channel; report the sender profile on the app/platform.
- File a DTI complaint for deceptive promotion using a brand name; request brand owner verification.
- Lodge a report with PNP-ACG or NBI Cybercrime to help build pattern intelligence.
Consider an NPC complaint if your personal data was harvested by a bogus online form.
B. If you already paid
Immediately notify your bank/e-wallet and request:
- Freeze/trace of recipient accounts and onward transfers (time is critical).
- Chargeback/recall where supported (card networks and some bank rails).
- Formal incident report for use in your criminal complaint.
File a police blotter at your local station or go directly to PNP-ACG/NBI (bring your evidence pack and IDs).
Prepare an Affidavit of Complaint (see template below) and submit to NBI/PNP for investigation and referral to the Prosecutor’s Office.
Escalate to BSP Consumer Assistance if you believe a supervised financial institution failed to act with due care or mishandled your complaint under R.A. 11765.
Consider civil recovery (see Section 9), including small claims for qualifying amounts.
6) Jurisdiction, venue, and proper parties
- Venue: Generally, where any element of the offense occurred—where the deceitful message was received, where money was deposited, where the perpetrator operated tech infrastructure, or where the victim resides (in certain cybercrime contexts).
- Respondents: Individual scammers (known names/aliases), account holders who received funds, and, where facts justify, co-conspirators (e.g., money mules).
- Corporate respondents: Only when evidence supports complicity or negligent facilitation; otherwise they are typically witnesses or custodians of records (banks/telcos).
7) Affidavit of Complaint (outline)
Title: People of the Philippines vs. [Name/Unknown] Affiant: Your full name, address, government ID details.
Key parts
- Introduction: Identity of affiant; capacity to testify.
- Narration of facts: Chronological: initial contact; representations made; links used; payments (amounts, dates, channels); resulting loss; ongoing harassment if any.
- Means used: Devices, apps, numbers, profiles, and accounts of respondents.
- Elements of offenses: Briefly tie facts to estafa and/or cybercrime elements (deceit, damage, use of ICT, intent to defraud).
- Evidence attached: Label Annex “A” (screenshots), “B” (transactions), etc.
- Prayer: Request investigation, filing of appropriate charges, issuance of subpoenas to banks/telcos for KYC logs, freezes, and preservation orders.
- Jurat: Sworn before a prosecutor or notary, with government ID.
Prepare a separate Verification & Certification against Forum Shopping for civil filings.
8) Coordinating with banks, e-wallets, and telcos
- Provide exact transaction IDs, timestamps, and amounts.
- Ask for account-level holds (if still possible) and beneficiary KYC details to be preserved for subpoena.
- Request formal letters indicating action taken; you’ll attach these to complaints.
- Expect institutions to require police/NBI endorsement before divulging customer data—consistent with banking secrecy and privacy rules.
9) Options for recovery and redress
- Criminal case (estafa/cybercrime): Focused on punishment; restitution can be ordered, but collection depends on assets and enforcement.
- Civil action for damages (separate or impliedly instituted with the criminal case): For actual, moral, exemplary damages and attorney’s fees.
- Small Claims: For money claims without lawyers; jurisdictional limit has been increased in recent years—check the current threshold and implementing rules. Attach your evidence pack and transaction records.
- Chargebacks/recalls: Card and certain bank rails may allow reversals where criteria are met and timeframes are short. File fast.
- Platform remedies: Marketplace refunds, account credits, or takedowns when fraud violates platform rules.
10) Special situations
- Cross-border scams: Ask investigators to issue Mutual Legal Assistance or coordinate via INTERPOL / foreign counterparts; expect longer timelines.
- Syndicated rings: May implicate Syndicated Estafa with heavier penalties when elements are present.
- Use of forged IDs or SIMs: Can trigger falsification and SIM law violations in addition to estafa/cybercrime.
- Money mules: Recipients who “lend” accounts may face criminal exposure; cooperation and return of funds may be considered in prosecutorial discretion, but do not negotiate privately—coordinate through investigators.
11) Practical do’s and don’ts
Do
- Report immediately and in parallel (law enforcement + financial institution).
- Keep original digital files; make working copies for submissions.
- Use numbered annexes and a timeline in your affidavit.
Don’t
- Transfer more money “to unlock” your refund.
- Share OTP/PIN or screen-share your online banking.
- Confront the scammer or attempt vigilante “honeytraps” (can compromise the case).
12) Sample reporting checklist (print-friendly)
- ☐ Screenshots/exports of all communications (with timestamps)
- ☐ Transaction records (IDs, amounts, dates, beneficiary names/numbers)
- ☐ Copies of IDs and contact info of complainant/witnesses
- ☐ Device details (phone/OS, app versions)
- ☐ URLs/domains of scam pages and any files sent
- ☐ Bank/e-wallet incident report or reference number
- ☐ Police blotter or acknowledgment receipt from PNP-ACG/NBI
- ☐ Draft Affidavit of Complaint + Annex list
- ☐ Letters to/answers from banks, telcos, platforms
- ☐ Any computed loss summary (principal + fees)
13) Frequently asked questions
Q: I paid via e-wallet to a personal account. Can funds still be recovered? A: Possibly, if you act fast and the funds remain within the ecosystem. Ask your provider for an immediate freeze/trace and file a police/NBI report to support a preservation order. Success drops sharply after onward transfers/cash-outs.
Q: The scammer used a government agency’s or brand’s name. Who do I sue? A: Typically the individuals behind the fraud. Still, notify the brand/agency for public warnings and evidence sharing; file with DTI (deceptive promotion) and NPC (privacy) as applicable.
Q: Do I need a lawyer to file? A: Not strictly for initial reports or small claims, but legal counsel helps align facts with elements of offenses, preserve rights, and pursue civil recovery.
Q: Can I refuse to delete my data/chat if a platform requests it? A: Preserve original evidence. You may provide copies or redact sensitive personal data, but keep originals intact for subpoenas and trial.
14) Model incident narrative (you can adapt this)
On [date/time], I received an SMS/DM from [name/number/profile] claiming I won [prize/promo]. I was told to deposit ₱[amount] to [bank/e-wallet acct no./name] as “processing/delivery fee.” The message contained [URL]. Believing this, I transferred funds at [time], reference [ID]. Thereafter, the respondent demanded additional fees and blocked me. I later learned the promo was fake. I suffered a loss totaling ₱[sum]. I request an investigation for estafa and related cybercrimes, issuance of preservation/subpoena orders to the concerned bank/e-wallet and telco, and filing of appropriate charges.
15) Data privacy and safety
- Share only what is necessary with authorities; mark annexes containing IDs, account numbers, or medical/children’s data as “Confidential—For Law Enforcement Use.”
- Be wary of “recovery scammers” who promise to get your money back for another fee.
- After reporting, change passwords, enable MFA, and monitor credit/e-wallet activity.
Bottom line
Advance-fee “deposit first” prize scams are classic estafa schemes now turbocharged by ICT. Your best leverage is speed (to freeze funds), completeness (of evidence), and parallel reporting (law enforcement + regulators + financial service providers). With those three pillars—and a structured affidavit—you substantially improve your chances of accountability and recovery.