Updated for Philippine legal context. This article explains your options and the practical steps to preserve evidence, file a complaint, and pursue recovery. It covers the National Bureau of Investigation (NBI), the PNP Anti-Cybercrime Group (PNP-ACG), and using the eGov PH Super App as a reporting channel. It also flags parallel remedies with banks, e-wallets, telcos, and regulators.
1) First 24 Hours: What To Do Immediately
Stop contact and preserve everything. Take full-screen screenshots, export chat logs, save webpages as PDF, download images/attachments, and record dates, times, and handles. Avoid editing source files.
Capture technical traces.
- Save email headers (not just the body).
- Export transaction receipts (bank/e-wallet), including reference numbers, device IDs (if shown), and time stamps.
- Copy URLs and keep shortened-link previews.
Lock down your accounts. Change passwords, enable 2-factor authentication, and revoke suspicious app permissions on Google/Apple/Facebook. If credentials were entered on a fake page, reset that password first.
Call your bank/e-wallet right away. Request a transaction recall/freeze and file a fraud ticket. For InstaPay/PesoNet and e-wallet transfers, speed matters—recalls are discretionary and time-bound.
Secure your SIM and device. If there’s any sign of SIM swap or device compromise, contact your telco for a SIM block/replacement and run a reputable anti-malware scan.
2) What Crimes Typically Apply
- Estafa (Swindling) under the Revised Penal Code (RPC) for deceit causing damage.
- Cybercrime Prevention Act (RA 10175) for computer-enabled offenses (e.g., online fraud, phishing, identity theft, illegal access, computer-related forgery).
- Access Device Regulations Act (RA 8484) for unauthorized use of access devices (cards, account credentials).
- SIM Registration Act (RA 11934) violations tied to fraudulent SIM use.
- Data Privacy Act (RA 10173) for unlawful processing or unauthorized disclosure of personal data (complaints go to the National Privacy Commission).
- Financial Consumer Protection Act (RA 11765) for abusive practices by covered financial providers (complaints via their internal redress + Bangko Sentral/SEC/IC, as applicable).
Your report does not need to cite statutes, but knowing them helps when describing what happened.
3) Evidence Checklist (Bring Digital & Printed Copies)
- Government ID (original + photocopy).
- Detailed Incident Timeline (who/what/when/where/how; amounts; accounts/handles used).
- Screenshots/exports of chats, posts, listings, emails (with headers), call logs.
- Transaction proofs: bank/e-wallet receipts, reference numbers, account names/numbers, card PAN last 4 digits only.
- URLs and archived copies of pages (PDF).
- Any recorded phone calls/voicemails (if lawfully recorded).
- List of witnesses (if any).
- If a business is involved: order numbers, invoices, TIN/DTI/SEC info, courier tracking.
Chain of custody tips: keep originals, make read-only copies, and (if you can) compute simple hashes (e.g., SHA-256) to show files weren’t altered.
4) Where and How to Report
A. National Bureau of Investigation (NBI) – Cybercrime Division
When to choose NBI: complex schemes; cross-border suspects; need for digital forensics; large losses; organized rings.
How to file:
- Go to the NBI Cybercrime/regional office (walk-in) or inquire by phone/email.
- Bring your Incident Timeline and evidence.
- Execute an Affidavit-Complaint (they can administer the oath) attaching exhibits.
- The NBI may open a case build-up: subpoenas, data preservation requests to platforms/telcos, digital forensics, and—if warranted—referral to the prosecutor.
Outcome: If evidence suffices, the NBI endorses a criminal complaint to the City/Provincial Prosecutor for inquest (if the suspect is under arrest) or preliminary investigation.
B. Philippine National Police – Anti-Cybercrime Group (PNP-ACG)
When to choose PNP-ACG: urgent cases (ongoing threats), local offenders, immediate police response, or if a regional Anti-Cybercrime Unit is nearer.
How to file:
- Go to PNP-ACG in Camp Crame or the nearest Regional Anti-Cybercrime Unit (RACU)/Provincial/City cybercrime desks.
- Present IDs, timeline, and evidence; give a sworn statement.
- ACG can issue subpoena duces tecum (through proper channels), coordinate with banks/e-wallets/telcos for data preservation, and conduct operations with local units.
Outcome: ACG files the complaint with the Prosecutor’s Office or assists the NBI/AMLC/regulators as needed.
C. eGov PH Super App – Routing & Front-Door Reporting
The eGov PH app serves as a “single window” to government services. For scam reports, it can route you to:
- Citizen complaint channels (e.g., hotline portals),
- Police/NBI contact points, or
- Sector regulators (DTI, SEC, NPC), depending on the issue type.
How to use:
- Install and register on eGov PH.
- Look for report/complaints/e-services relevant to cybercrime or consumer fraud.
- Submit a short narrative, upload screenshots/receipts, and indicate the platform, amount lost, and where you are located.
- Keep your ticket/reference number and follow up with the referred agency (NBI/PNP-ACG/DTI/SEC/NPC).
Tip: If the app routes you to an agency form/hotline, still file directly with NBI or PNP-ACG so law enforcement can act on subpoenas and preservation orders quickly.
5) Parallel Tracks You Shouldn’t Skip
Your bank/e-wallet (BSP-supervised)
- File a fraud dispute and ask for a transfer recall or card block/reissuance.
- If unsatisfied, elevate to the provider’s formal complaint desk; then to BSP Consumer Assistance (for banks/e-money), Insurance Commission (for insurers), or SEC (for lending/capital markets providers).
Merchant platforms/marketplaces
- Open a fraud case; request seller takedown, listing preservation, and (where available) buyer protection claims.
DTI (Consumer protection)
- For retail/merchant disputes (non-securities), file a complaint for deceptive or unfair sales acts.
SEC (Securities/Investments)
- For investment scams, unregistered solicitations, or Ponzi-like offers, file with SEC’s enforcement/complaints channel.
NTC/Telcos
- Report scam numbers/SMS; request SIM action. Telcos can flag/disable lines used in fraud upon lawful request.
National Privacy Commission (NPC)
- If your personal data was misused or leaked, file a complaint or data breach report (if you’re a covered entity).
AMLC coordination (via law enforcement)
- Law enforcement can coordinate with AMLC for freeze/monitoring in appropriate cases (you cannot request this directly as a private party).
6) Jurisdiction, Venue, and Procedure (Criminal)
Venue: For cyber-facilitated crimes, venue can be where any essential element occurred (victim location, where the device was used, where the data passed, or where the money was received).
Process overview:
- Complaint with NBI/PNP-ACG → 2) Referral to Prosecutor → 3) Inquest (if arrested) or Preliminary Investigation → 4) Information filed in court → 5) Warrant/Arrest (if probable cause) → 6) Trial.
Arrest without warrant is limited (e.g., in flagrante delicto). Most scam cases proceed via preliminary investigation.
Restitution: Criminal courts can order restitution; nonetheless, pursue civil remedies in parallel.
7) Civil Remedies (Get Your Money Back)
- Independent civil action for damages (tort or quasi-delict) against the scammer and any liable accomplices.
- Small Claims (no lawyers required) for money claims up to ₱1,000,000 (current threshold) arising from contracts or money had and received—useful where the scammer is identified and locatable.
- Attachment/injunction in appropriate courts when assets are at risk of dissipation (requires grounds and bond).
- Restitution may be sought within the criminal case, but civil action gives you more control over timetable.
8) Model Affidavit-Complaint (Illustrative)
AFFIDAVIT-COMPLAINT I, [Full Name], Filipino, of legal age, with address at [Address], after having been duly sworn, depose and state:
- On [Date/Time], I saw/responded to [post/message/call] from [Account/Number/Link] offering [goods/services/investment].
- The respondent [name/alias/handle] represented that [key misrepresentations].
- Relying on said representations, I transferred ₱[Amount] on [Date/Time] via [Bank/E-wallet], Ref. No. [Reference], to account [Name/No.].
- After payment, [undelivered goods/blocked/ghosted/demanded more].
- I later discovered that [why it’s fraudulent; supporting facts].
- Attached as Annexes “A” to “__” are screenshots, receipts, emails (with headers), and my timeline.
- I am filing this complaint for [Estafa, Violation of RA 10175 (computer-related fraud/identity theft/illegal access, as applicable), RA 8484, etc.] and request investigation and prosecution. Affiant further sayeth naught. [Signature above printed name] SUBSCRIBED AND SWORN before me this [date], affiant exhibiting [ID type/number].
(Law enforcement can assist you in finalizing the proper form and administering the oath.)
9) Practical Tips That Win Cases
- Specifics beat adjectives. Replace “he scammed me” with precise acts, times, channels, and amounts.
- Prove identity through breadcrumbs: account names, delivery addresses, selfie-verification clips sent to you, voice notes, IP logs (if available), pickup CCTV, courier manifests.
- Preserve platforms’ logs early: ask law enforcement to send data preservation requests to platforms/telcos before logs auto-delete.
- Don’t DM the suspect after reporting; it risks spoliation and tips them off.
- Stay consistent across your bank dispute, police report, and regulator complaints. Inconsistencies are what defenses feast on.
10) FAQs
Q: Can I complain to both NBI and PNP-ACG? A: Yes. Many victims file with whichever unit is reachable first; agencies coordinate. Just keep copies and reference numbers aligned.
Q: Do I need a lawyer? A: Not strictly for filing a complaint, but counsel helps with complex claims, civil recovery, court pleadings, and protective orders.
Q: Are there filing fees? A: Criminal complaints with NBI/PNP have no filing fee. Civil cases and notarization may involve costs.
Q: The scammer used a “mule account.” Who do I sue? A: You pursue the principal actors and potentially the account holder depending on evidence of participation or negligence. Banks/e-wallets aren’t automatically liable; your remedy against them is via consumer-protection and operational lapses theories, if any.
Q: What if the scammer is overseas? A: Still file. Law enforcement can pursue mutual legal assistance, work with platforms, and trace flows. Civil recovery may be harder; focus on local touchpoints (mule accounts, couriers, SIMs).
11) Step-By-Step Playbook (Checklist)
- Gather and freeze evidence (screens, emails with headers, receipts).
- Call bank/e-wallet for recall/fraud ticket; block cards; change passwords; enable 2FA.
- Report through eGov PH (to generate a ticket and routing) and file directly with NBI or PNP-ACG (walk-in).
- Prepare and sign an Affidavit-Complaint with annexes.
- Ask investigators to issue preservation letters to platforms/telcos and to trace funds.
- File DTI/SEC/NPC complaints where applicable.
- Consider Small Claims or a separate civil action for faster money recovery.
- Track your reference numbers and attend hearings/clarifications promptly.
12) Templates You Can Reuse
- Incident Timeline: Date/Time → Channel/Platform → Actor Handle/Account → Act/Message → Amount/Reference → Evidence filename.
- Evidence Index: Annex A (screenshots 1–10), Annex B (email headers), Annex C (receipts), Annex D (chats export), Annex E (IDs/ownership proofs).
- Demand Letter (optional, civil): Short factual narration, legal basis (unjust enrichment/contract), amount due + 10 banking days, bank details, and a warning of suit. (Avoid if it may tip off a criminal suspect likely to destroy evidence.)
Final Notes
- Reporting to NBI or PNP-ACG is the backbone of criminal prosecution; the eGov PH app can help route your complaint but does not replace a sworn complaint with annexes.
- Speed and documentation are decisive. The earlier you preserve logs and trigger a bank recall, the better your odds of recovery.
- If you receive fresh threats or there’s an ongoing extortion attempt, notify police immediately for operational response.
If you want, I can turn your case notes into a ready-to-print affidavit and evidence index based on the checklists above.