HOW TO REPORT PHONE SCAMS IN THE PHILIPPINES
A practical legal guide for consumers, lawyers, compliance officers, and law-enforcement partners
1. Why phone-scam reporting matters
Phone scams (“vishing” and fraudulent SMS) siphon millions of pesos from Filipino consumers every year. Beyond individual losses, they:
| Impact | Legal consequence |
|---|---|
| Economic loss – unauthorized fund transfers, fake “parcel fees,” bogus investments | Possible estafa (Art. 315, Revised Penal Code) or Access-Device Fraud (RA 8484) |
| Data leakage – scammers harvest personal data for identity theft | Violates the Data Privacy Act (RA 10173) |
| Undermines telecom security – unregistered or spoofed numbers | Violates SIM Registration Act (RA 11934) and NTC rules |
| Cyber intrusion – use of malware links in SMS | Computer-related fraud (Sec. 4(b)(1), Cybercrime Prevention Act, RA 10175) |
2. Legal framework at a glance
| Statute / Regulation | Key provisions relevant to phone scams | Penalties (range) |
|---|---|---|
| Cybercrime Prevention Act of 2012 (RA 10175) | Sec. 4(b)(1) computer-related fraud; Sec. 4(b)(2) identity theft | Prisión mayor (6 yrs 1 day – 12 yrs) + fines |
| Access Device Regulation Act of 1998 (RA 8484) | Sec. 9 & 17 – fraudulent use of access devices (e.g., OTPs, credit-card data) | Up to 20 yrs; fine twice the amount defrauded |
| Anti-Estafa (Art. 315, RPC) | Deceit resulting in damage | Up to reclusión temporal; fine |
| Data Privacy Act of 2012 (RA 10173) | Unauthorized processing or malicious disclosure of personal data | 1 – 6 yrs; ₱500k – ₱5 M |
| SIM Registration Act of 2022 (RA 11934) | Sec. 6 – penalties for using a registered SIM to commit crime; Sec. 10 – deactivation of fraudulent SIM | ₱100k – ₱300k; up to 2 yrs |
| NTC Mem. Circular 009-09 (Text Spam Rules) and subsequent directives | Telcos must block reported spam within 24 hrs; maintain consumer hotlines | Administrative fines; suspension of CPCN |
3. Recognised enforcement & complaint venues
| Agency | When to contact | Evidence they need |
|---|---|---|
| National Telecommunications Commission (NTC) Consumer Complaint Center (02) 8924-4010; consumer@ntc.gov.ph |
Number-blocking, SIM deactivation, telco non-action | Screenshots of call/SMS, time stamps, copy of telco ticket |
| PNP Anti-Cybercrime Group (ACG) 24/7 Hotline 0998-598-8116; acg@pnp.gov.ph |
If money or personal data were stolen; for criminal investigation | Affidavit of Complaint, valid ID, proof of transaction (deposit slips, GCash history), call recordings |
| NBI Cybercrime Division ccd@nbi.gov.ph; Online e-Complaint portal |
Complex, syndicated, or large-scale scams; cross-border cases | Same as PNP ACG, plus notarised affidavit |
| Department of Justice – Office of Cybercrime (OOC) | For Mutual Legal Assistance Treaty (MLAT) requests when scammers are offshore | Agency-to-agency letters; case files |
| Bangko Sentral ng Pilipinas (BSP) Consumer Protection & banks’ fraud desks | If funds were debited from an account or e-wallet | Dispute form within 15 days; transaction logs |
Private recourse: Victims may also file civil actions for damages (Art. 2176 et seq., Civil Code) and request freezing of proceeds under the Anti-Money Laundering Act (RA 9160).
4. Step-by-step reporting checklist
Stop engagement immediately
- Do not click links, share OTPs, or pay any demanded fees.
- Screenshot SMS/call log before deleting.
Secure your accounts
- Change online-banking and e-wallet PINs.
- Enable multi-factor authentication (MFA).
Gather documentary evidence
Evidence How to capture Screenshots of scam messages/calls Use built-in screenshot; include date/time bar Call-recording (if enabled ✓) Allowed under RA 4200 only if one party (you) consents Transaction records Download PDF statement or save in-app history Identity/document copies Government-issued ID for filing Report to your telco first Globe: stopspam@globe.com.ph • Smart: spamreport@smart.com.ph
- Get a ticket/reference number; telco must block within 24 hours under NTC directives.
Elevate to NTC if telco fails or scam is serious
Fill out the NTC Consumer Complaint Form (downloadable) or write a letter-complaint citing:
- Parties involved, facts, relief sought (SIM blocking, trace request).
File in person or email scanned copy (consumer@ntc.gov.ph).
File a criminal complaint (optional but recommended when money/data is lost)
Draft an Affidavit of Complaint detailing modus, losses, evidence list.
Bring to PNP ACG or NBI CCD. They will:
- Administer oath.
- Assign an Investigator-on-Case (IOC).
- Request subpoena on telco logs via Department of Justice.
Keep your complaint control number for follow-ups.
Coordinate with your bank/e-wallet
- Submit dispute form within 15 calendar days (shorter for some e-wallets).
- Banks must provisionally credit you within 10 BD if evidence shows unauthorized transaction, per BSP Cir. 1160 (2023).
Monitor and cooperate
- Respond promptly to subpoenas or follow-up questions.
- If restitution is ordered or funds are recovered, sign Quitclaim only after verifying full payment.
5. What happens after you file
| Stage | Typical timeline | Your role |
|---|---|---|
| Preliminary investigation (law enforcement) | 30 – 60 days for fact-finding | Provide additional documents; identify suspects |
| Filing of Information with DOJ/Prosecutor’s Office | Within 15 days after finding probable cause | Attend clarificatory hearings |
| Court proceedings (RTC or MTC depending on penalty) | 1 – 3 years average | Testify; aid in plea-bargain or restitution discussions |
| Asset recovery / refund | Variable; may follow civil action or criminal restitution order | File Motion for Execution of Judgment or bank chargeback |
Note: Administrative SIM-blocking by NTC is much quicker (often < 1 week).
6. Rights and remedies for victims
- Right to be informed – Telcos must update you on blocking status within 2 BD (NTC Mem. Cir. 004-2022).
- Right to privacy – Law enforcement must keep evidence confidential (Sec. 14, RA 10173).
- Right to restitution – Courts may order return of money or use the writ of garnishment.
- Right to counsel and free legal aid – Public Attorney’s Office or Integrated Bar of the Philippines (IBP) chapters.
7. Compliance tips for businesses and telcos
| Entity | Must-do under PH law |
|---|---|
| Telcos / ISPs | Real-time spam filters; 24-hr takedown; maintain SIM registration database; submit monthly scam-report log to NTC |
| Banks & e-wallets | Implement transaction monitoring, customer-education SMS blasts (BSP Cir. 1111), 24/7 fraud hotlines |
| BPO / Call centers | FDD control to prevent illegal “robocalls” to PH phones; Data-sharing agreement compliance with NPC |
| Online platforms | Prompt takedown of posts selling unregistered SIMs (Sec. 7, RA 11934 IRR) |
Non-compliance may lead to administrative fines (up to ₱1 M per violation for telcos) and criminal liability under RA 10175 facilitation provisions.
8. Frequently asked questions
Q 1: Can I record the scammer’s call without permission?
Yes. Under the Anti-Wire Tapping Act (RA 4200) as amended, one-party consent recordings (i.e., recorded by the victim who is a party to the conversation) are permissible and admissible in evidence.
Q 2: Is texting “STOP” to the number effective?
No. Legitimate opt-out codes apply only to registered content providers. Scammers ignore them. Use telco and NTC reporting channels instead.
Q 3: The caller used a VoIP number showing a foreign country code. Does PH law still apply?
Yes. RA 10175 has extraterritorial application where either the victim, content, or computer system is located in the Philippines (Sec. 21). Law enforcement will coordinate via MLAT or INTERPOL.
9. Future developments to watch
- National Cybercrime Hub (DICT-PNP-NBI) – centralised e-reporting portal slated for launch Q4 2025.
- E-Subpoena system under the 2024 Rules on Criminal Procedure – may expedite telco data releases.
- Proposed Anti-Financial Scams Act (House Bill 7393) – will create a unified “Scam Watch PH” database and stiffer penalties (up to ₱5 M fine).
10. Practical reminders
- Early reporting = higher recovery rate. Banks freeze suspicious funds within hours if alerted quickly.
- Maintain a fraud folder. Keep all scam evidence for at least five years for possible civil claims.
- Secure notarization. Affidavits must be notarised for acceptance by prosecutors or banks.
- Stay updated. Follow NTC, DICT and BSP advisories; laws evolve rapidly (e.g., SIM Registration Act amendments).
Disclaimer: This article provides general legal information based on Philippine statutes and regulations in force as of 19 June 2025. It does not constitute legal advice. For case-specific guidance, consult a Philippine-licensed lawyer or the appropriate enforcement agency.