How to Report Phone Scams in the Philippines
A comprehensive legal guide for victims, practitioners, and law-enforcement officers
1. What Counts as a “Phone Scam”?
Under Philippine law, a phone scam is any scheme that uses voice calls, SMS, chat-over-data (e.g., Viber, WhatsApp) or missed-call tricks with intent to defraud, obtain money or property, harvest personal data, or facilitate another offense. The most common statutory hooks are:
| Modus | Core Offense(s) |
|---|---|
| “Investment” or “prize” calls / texts | Estafa (Art. 315, Revised Penal Code) ± Cyber-Fraud (RA 10175 §4(b)(2)) |
| “Bank-verification” / OTP phishing | Access-Device Fraud (RA 8484 §9), Cyber-Theft (RA 10175) |
| SIM-swap & account takeover | Estafa; Unlawful use of Access Devices (RA 8484); Additional AMLA exposure if funds laundered |
| Spoofed or “wangiri” missed-call fraud | SIM Registration Act violations (RA 11934 §14), Estafa |
| Data-harvesting robocalls/SMS | Unlawful Processing (Data Privacy Act – RA 10173 §25) |
2. Governing Statutes & Regulations
| Law / Issuance | Key Points for Phone-Scam Victims |
|---|---|
| Revised Penal Code Art. 315 (Estafa) | Classic fraud; penalty scales with value (₱40K+ = prisión mayor). |
| Cybercrime Prevention Act (RA 10175) | Sec. 4(b)(2) penalizes on-line fraud one degree higher than Art. 315. Confers jurisdiction to cybercrime courts; preserves digital evidence rules. |
| Access Devices Regulation Act (RA 8484) | Covers credit-/debit-card or OTP capture; prison up to 20 years + fine ₱10K/unit of access device. |
| Data Privacy Act (RA 10173) | Unauthorized processing/leak of personal data by callers or compromised insiders. |
| SIM Card Registration Act (RA 11934, 2022) | Requires all SIMs to be traceable; §14 criminalizes spoofing, mule-SIMs (fine up to ₱1 million, jail up to 2 years). Grants law-enforcers expedited data disclosure from telcos. |
| Anti-Money Laundering Act (RA 9160, as amended by RA 10365) | Proceeds of phone scams are dirty money; banks must file Suspicious Transaction Reports (STRs). |
| NTC Memorandum Circulars (esp. 03-02-2013 & 005-12-2022) | Mandate telcos to block reported scam numbers/SMS within 24 hours; require complaint hotlines. |
| CICC Administrative Order No. 2023-001 | Establishes e-Report portal for cyber incidents. |
| BSP Circular 1105 (2021) | Banks must offer customer dispute mechanism for cyber-fraud within 10 banking days. |
3. Evidence Preservation – First 24 Hours
Do NOT delete messages or call logs. • Screenshot entire thread (include sender ID, date/time). • Export chats as .zip if using WhatsApp/Viber.
Record voice calls only if one-party consent applies. RA 4200 (Anti-Wiretapping Act) forbids surreptitious recording unless you are a party to the call. In self-defense against fraud you may legally record your own conversation.
Prepare a Sworn Statement (Sinumpaang Salaysay). – Narrate chronology, attach screenshots, note financial loss. – Have it notarized; you will submit this to police or NBI.
Secure bank documentation. – If money was transferred, print transaction history, reference numbers, e-mail/SMS alerts.
4. Where and How to File a Report
4.1 Law-Enforcement Channels
| Agency | Jurisdiction | How to File | Hotline / Portal |
|---|---|---|---|
| PNP Anti-Cybercrime Group (ACG) | All cyber-enabled crimes nationwide | • Walk-in: Camp Crame HQ or Regional ACG units (CIDG bldg.). • Online: PNP ACG iReport (ireport.cybercrime.police.gov.ph) |
0998-598-8116 (Globe) / 0966-976-5971 (Smart) |
| NBI Cybercrime Division (CCD) | Parallel jurisdiction; complex or syndicated cases | • E-mail complaint + scanned affidavit: ccd@nbi.gov.ph. • Walk-in: NBI Taft Ave. or Regional Units. |
(02) 8523-8231 loc 3454 |
| DICT Cybercrime Investigation & Coordinating Center (CICC) | Central intake, for referral to PNP/NBI or cross-border coordination | https://report.cicc.gov.ph – uploads up to 20 MB evidence | 1326 (Nationwide Cybercrime Helpline) |
| Barangay Justice System? | Not mandatory (Rule 111 excludes cybercrime from barangay conciliation), but mediation may be attempted for small-value estafa if parties are neighbors. |
Tip: File with either ACG or NBI ― but not both at the same time―to avoid double investigation. They coordinate once a case is docketed.
4.2 Telecommunications Regulators
| Office | Mandate | Filing Method |
|---|---|---|
| National Telecommunications Commission (NTC) | Block numbers/SMS; impose admin fines on telcos for slow blocking | • Online complaint form (ntc.gov.ph). • Text “SCAM ” to NTC – 791. |
| Your Carrier (Globe / Smart / DITO) | Immediate suspension of SIM within 24 h upon notice | Use the carrier’s stop-spam email (e.g., stopspam@smart.com.ph) or mobile-app report spam button. Attach screenshots. |
4.3 Financial Regulators & Industry Channels
| Scenario | Regulator / Org | Procedure |
|---|---|---|
| Lost funds from a bank e-wallet | Bangko Sentral ng Pilipinas Consumer Assistance & Management | File Consumer Assistance Form within 3 banking days; bank must provisionally credit within 10; escalate unresolved cases to BSP. |
| Credit-card fraud | Card-issuing bank’s Fraud Unit + BSP | Contest transaction in writing under RA 8484 within 30 days of statement. |
| Remittances via pawnshops / MLs | Banko Sentral or SEC (if fintech) | Submit fraud complaint plus government ID. |
5. Step-by-Step “Playbook” for Victims
Within Hours 0-4 Freeze the damage. Block caller, change passwords, enable two-factor authentication.
Hours 4-12 a. Gather evidence (see §3). b. Notify bank / e-wallet provider & request temporary reversal.
Day 1 – Execute & notarize affidavit. – File incident report with PNP-ACG OR NBI-CCD (retain complaint control #). – Forward screenshots to NTC & telco spam hotlines for number blocking.
Day 2–3 – If amount ≥ ₱50,000 or syndicated (≥ 3 persons), ask investigator to endorse for In quest at DOJ Cybercrime Office. – Follow up with bank for provisional credit (BSP Circ 1105 timeline).
Day 7 onward – Request Certificate of Investigation Status (CIS) for insurance or civil suit. – Optional: file civil action for damages (Art. 33, Civil Code) in the court where you reside or where scam originated.
6. Evidentiary & Procedural Pitfalls
| Issue | Practical Guidance |
|---|---|
| IP-address identification | RA 10175 §14 allows expedited preservation orders; investigators have 90 days to obtain subscriber data from telcos. Victims should request investigators to issue Data Disclosure Request immediately. |
| Foreign numbers / VoIP | If caller ID is spoofed through overseas VoIP, NTC can only block locally terminating gateway; cross-border mutual legal assistance (MLAT) must be channelled through DOJ – expect long lead time. |
| Recording legality | One-party consent is okay if you are on the call; sharing the recording publicly without court order may violate RA 4200. |
| Refund expectation | Banks may deny full reimbursement if negligence (e.g., sharing OTP) is proven; however BSP still requires exercise of extraordinary diligence by banks. |
7. Criminal Penalties Snapshot
| Statute | Imprisonment | Fine |
|---|---|---|
| Art. 315 RPC (Estafa) | 1 month & 1 day – 20 years (graduated by amount) | Variable (amount defrauded) |
| RA 10175 Sec 4(b)(2) | One degree higher than Art. 315—thus up to reclusión temporal max (20-40 yrs) | Same as Estafa + civil liability |
| RA 8484 | 6 yrs & 1 day – 20 yrs | ₱10K per device + twice the value obtained |
| RA 11934 | 6 mos – 2 yrs | ₱100K – ₱1 M |
| RA 10173 | 1 yr – 6 yrs | ₱500K – ₱5 M |
Courts may also order: restitution, forfeiture of devices, permanent injunctions against future telecom use.
8. Civil Remedies & Ancillary Actions
- Damages (Civil Code Arts. 19-20; 26; 33) – Sue in RTC or MTC depending on amount.
- Quasi-delict under Art. 2176 – If telco/bank’s negligence facilitated fraud.
- Consumer complaints (DTI Fair Trade Enforcement Bureau) – For deceptive sales via phone.
- Data Privacy complaints (National Privacy Commission) – If personal data was unlawfully processed or leaked, seek administrative fines & compensatory damages (NPC Circular 2023-01).
9. Preventive Measures for Individuals and Entities
| For Individuals | For Businesses / Banks |
|---|---|
| • Register SIM (RA 11934 compliance). • Use call-filter apps whitelisted by NTC. • Never share OTPs; treat Maya/GCash reference numbers like cash. • Enable e-wallet transaction limits & alerts. • Educate elderly relatives – PNP-ACG offers free webinars. |
• Mandatory “know-your-customer” (KYC) refresh for dormant accounts. • Implement confirmation-over-call for high-value transfers (BSP Circ 1083). • Adopt STIR/SHAKEN caller-ID authentication for VoIP trunks. • Report mass-spam campaigns to CICC within 24 h of detection (AO 2023-001). |
10. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can I file a case online only? | Yes – initial complaint via PNP iReport or CICC portal suffices; you will later be summoned for oath. |
| Will my identity be disclosed to the scammer? | No. Under RA 10175 §15 evidence-handling rules, victim data is confidential until trial. |
| What if the scammer is a minor? | Case proceeds under Juvenile Justice & Welfare Act (RA 9344); diversion may apply but civil damages remain recoverable. |
| Is telco liable for allowing unregistered SIMs? | After July 30 2023 (SIM-Reg deadline), telcos face administrative fines (up to ₱1 M per day) for active unregistered SIMs, but civil liability to victims is still novel and largely untested. |
11. Template: Sworn Statement (excerpt)
I, Juan Dela Cruz, Filipino, of legal age, after having been duly sworn, depose and state: 1) On 17 June 2025 at around 14:30 H, I received a voice call from mobile number +639xx-xxx-xxxx … 5) I suffered a total loss of ₱42,000 … 7) I am executing this affidavit to attest to the truth of the foregoing and to support the filing of criminal charges under Art. 315 in relation to RA 10175.
12. Final Notes & Disclaimer
This article consolidates Philippine statutes, circulars, and current law-enforcement practice as of 19 June 2025. It is not a substitute for independent legal advice. Victims should consult a lawyer and coordinate closely with PNP-ACG or NBI-CCD. Procedures and hotlines may change; always verify with the issuing agencies.
One-Page “Cheat Sheet” of Hotlines
| Purpose | Number / URL |
|---|---|
| PNP-ACG Emergency | (02) 8414-1560 |
| Cybercrime Helpline | 1326 |
| NBI-CCD | (02) 8523-8231 loc 3454 |
| NTC Text Hotline | “SCAM < number > < details >” → 791 |
| BSP Consumer | (02) 8708-7087 |
| Globe Report Spam | stopspam@globe.com.ph |
| Smart Report Spam | stopspam@smart.com.ph |
Keep this list handy; acting quickly is often the difference between full recovery and permanent loss.