In the Philippines, the primary law governing digital offenses is Republic Act No. 10175, otherwise known as the Cybercrime Prevention Act of 2012. For victims of hacked social media accounts and online scams, the Philippine National Police - Anti-Cybercrime Group (PNP-ACG) is the specialized unit mandated to investigate and address these concerns.
Navigating the legal process requires a structured approach to ensure that evidence is preserved and the complaint is actionable.
I. Common Offenses Covered
Under R.A. 10175, several acts frequently encountered by social media users are criminalized:
- Illegal Access: The access to the whole or any part of a computer system without right.
- Computer-related Identity Theft: The intentional acquisition, use, or misuse of identifying information belonging to another.
- Computer-related Fraud: Unauthorized input, alteration, or deletion of computer data to achieve economic gain for oneself or another.
- Unjust Vexation / Online Libel: Depending on the nature of the "hacked" content posted, these may also apply.
II. Immediate Steps for Evidence Preservation
Before filing a formal report, it is critical to perform "digital first aid" to ensure evidence remains admissible in court.
- Do Not Delete: Avoid deleting threads, messages, or posts related to the scam or hacking.
- Screenshots: Capture clear screenshots of the following:
- The profile URL of the hacker/scammer (e.g.,
facebook.com/username). - Conversations (Messenger, Viber, WhatsApp, etc.).
- Proof of transactions (bank transfers, e-wallet receipts like GCash or Maya).
- Email notifications regarding unauthorized login attempts or password changes.
- Note the Timelines: Document the exact date and time the incident was discovered.
III. The Filing Process with the PNP-ACG
1. Where to Report
Victims can report either in person or through digital channels:
- Physical Office: The PNP-ACG Headquarters is located at Camp Crame, Quezon City. There are also Regional Anti-Cybercrime Units (RACUs) nationwide.
- E-Reporting: While initial reports can be made via their official website or social media pages, a formal investigation usually requires a personal appearance to execute a sworn statement.
2. Documentary Requirements
To file a formal complaint, you generally need to provide:
- A Valid Government-Issued ID.
- Affidavit of Complaint: A sworn statement detailing the "Who, What, When, Where, and How" of the incident. (Personnel at the ACG often assist in drafting this).
- Printed Evidence: Hard copies of the screenshots and transaction receipts mentioned in Section II.
3. The Investigation Phase
Once the complaint is filed, the ACG will:
- Conduct a technical evaluation of the evidence.
- If necessary, apply for a Warrant to Disclose Computer Data (WDCD) to compel Service Providers (like Meta or Google) to release subscriber information or login logs.
- Identify the perpetrator through IP address tracking or digital footprints.
IV. Legal Remedies and Penalties
If the perpetrator is identified and the evidence is sufficient, the case will undergo a preliminary investigation by the Prosecutor's Office.
| Offense | Minimum Penalty (R.A. 10175) |
|---|---|
| Illegal Access | Prision mayor (6 to 12 years) or fine of at least ₱200,000. |
| Identity Theft | Prision mayor or fine of at least ₱200,000. |
| Computer Fraud | Prision mayor or fine commensurate to the damage. |
Note on Civil Liability: Aside from criminal penalties, victims may also sue for damages under the Civil Code of the Philippines to recover lost funds or seek compensation for moral damages.
V. Essential Tips for Victims
- Data Privacy Act (R.A. 10173): If your personal data was leaked, you may also file a separate complaint with the National Privacy Commission (NPC).
- Bank Coordination: In cases of financial scams, immediately contact your bank or e-wallet provider to request a "hold" on the transaction, though this often requires a police report or a court order.
- Official Channels Only: Ensure you are communicating with the verified PNP-ACG social media pages (look for the blue checkmark) to avoid falling for "recovery scams" where individuals pretend to be hackers who can "get your account back" for a fee.