How to Report a Scam in the Philippines – A Comprehensive Legal Guide
This article is for general information only and is not a substitute for personalised legal advice. Laws and agency procedures may change, so always verify the latest rules before acting.
1. Understanding “Scam” in Philippine Law
| Common label | Possible criminal charge(s) | Key statutes |
|---|---|---|
| Online shopping fraud, phishing, text scams | Estafa (Art. 315, Revised Penal Code), Cyber-fraud (RA 10175), Access-device fraud (RA 8484) | RPC, Cybercrime Act, Access Devices Regulation Act |
| Investment/“pyramiding” scheme | Securities fraud (RA 8799 §26), Syndicated/large-scale estafa (PD 1689) | Securities Regulation Code |
| Banking / e-wallet account takeover | Qualified theft (RPC Art. 310), Financial consumer fraud (RA 11765) | RPC, Financial Products & Services Consumer Protection Act |
| Identity theft | RA 10175 §4(b)(2), RA 8189 (Voter ID), RA 9995 (privacy) | Cybercrime Act |
A single act may violate several laws; prosecutors usually charge Estafa together with a special law (e.g., RA 10175) when the scam is online.
2. Which Authority Should You Approach?
| Agency | Jurisdiction / best for | How to contact |
|---|---|---|
| National Bureau of Investigation (NBI) – Anti-Fraud Division / Cybercrime Division | Large-scale or online fraud, identity theft, investment & romance scams | File an NBI Complaint-Sheet at any regional NBI office or the NBI Online Complaint System (https://complaint.nbi.gov.ph). Hotline: (+632) 8523-8231 |
| Philippine National Police (PNP) – Anti-Cybercrime Group (ACG) & Criminal Investigation and Detection Group (CIDG) | Urgent cases, ongoing threats, SMS/text scams | Blotter at nearest police station then elevate to PNP-ACG (Hotline: (02) 8414-1560; 0998-598-8116) |
| Securities and Exchange Commission (SEC) – Enforcement and Investor Protection Department | Investment & pyramiding schemes, unregistered “crypto” offerings, Ponzi schemes | Email: epd@sec.gov.ph; SEC “VTALK” online portal |
| Bangko Sentral ng Pilipinas (BSP) – Financial Consumer Protection Department | Unauthorized bank/e-wallet transactions, phishing that drains accounts | File via BSP Online Buddy (BOB) or call (02) 8708-7087 |
| Department of Trade and Industry (DTI) – Fair Trade Enforcement Bureau | Deceptive product or service sales, warranty-related scams | File Complaint-Affidavit at any DTI Provincial Office; call DTI 1384 |
| National Privacy Commission (NPC) | Data-breach-related scams, doxxing, SIM-swap identity theft | Online complaint portal; hotline (02) 8234-2228 |
| Local Barangay / City Prosecutor | Small-value fraud, preliminary Katarungang Pambarangay mediation (≤ PHP 200k in cities / ≤ PHP 100k in barangays) | Barangay Hall; City/Municipal Justice Hall |
3. Step-by-Step Reporting Workflow
Document everything immediately
- ☐ Screenshots of chats, emails, transaction confirmation, social-media ads
- ☐ Receipts, deposit slips, e-wallet logs, tracking numbers
- ☐ IDs of persons involved, phone numbers, URLs, IP/email headers
Police blotter Go to the nearest police station. The blotter entry establishes time and place. Request a certified true copy.
**Prepare an Affidavit of Complaint Sworn before a prosecutor, notary, or NBI agent. It must state: • Full narration of facts • Specific law(s) believed violated • List of evidence annexes (label “Annex A”, “Annex B”…)
File with the proper agency (see table above). Bring: 2–3 sets of the affidavit + annexes + police blotter + valid ID.
Receive Reference / Entry Number Log the NBI reference number, PNP ACR, or SEC Case No. for follow-up.
Preliminary Investigation The Office of the City/Provincial Prosecutor issues a subpoena to respondents. You may be asked to subscribe to a Counter-Affidavit Reply/Rejoinder cycle.
Resolution & Filing of Information If probable cause is found, the case is filed in the proper Trial Court (usually RTC for estafa > PHP 1.2 M, otherwise MTC).
Attend Hearings / Mediation Victims must testify unless the accused pleads guilty or settles. Courts often refer first-time estafa cases to mediation for restitution.
4. Special Reporting Channels
- Text Scam (SMS): Forward message to #7726 (free) for Globe/Smart; report to NTC Consumer Welfare (Hotline: (02) 8924-5411).
- Social-Media Platforms: Use in-app “Report” plus file separate legal complaint; ask platform to preserve data via the Electronic Commerce Act §13.
- Cross-border or crypto scam: File local NBI complaint and request Mutual Legal Assistance; attach wallet hashes, blockchain explorer links.
- Senior Citizen / PWD victim: Ask for DOJ Legal Assistance Program; speedy action mandated by RA 9994.
5. Evidence Rules & Digital Forensics
| Item | Legal foundation | Practical tip |
|---|---|---|
| E-mails, chats, texts | Rule 5, Rules on Electronic Evidence; Sec 12, RA 10175 | Save as PDF with header meta; maintain chain of custody |
| CCTV, screenshots | Rule 11, REE | Certify by operator or take judicial affidavit to identify device |
| Bank logs | Bank Secrecy Law exceptions via subpoena duces tecum | Request through prosecutor; bank must certify |
| Blockchain records | Rule 4, REE (digital signatures) | Print hash/time-stamped explorer page; expert certificate recommended |
6. Time Limits (Prescription)
| Offence | Prescriptive period | When it starts |
|---|---|---|
| Estafa ≤ PHP 40,000 (Art. 315 2nd par.) | 10 years | Day of discovery by aggrieved party |
| Estafa > PHP 40,000 | 15 years | Same |
| Violation of RA 10175 | 12 years (Sec 8) | Date of commission/discovery |
| Violation of RA 8799 | 12 years (Sec 61) | Date of offer/sale |
| Administrative consumer cases (DTI) | 2 years (Sec 169, RA 7394) | Date of cause of action |
7. Possible Remedies Beyond Criminal Action
- Restitution / civil damages within the same criminal case (Art. 100, RPC).
- Independent civil action for quasi-delict (Art. 2176, Civil Code) or breach of contract.
- Small Claims Court (A.M. 08-8-7-SC) for money ≤ PHP 400k – simplified, lawyer-optional.
- Asset freeze & disgorgement via SEC or BSP ex-parte applications for investment scams.
8. Penalties for False or Malicious Complaints
- Unlawful complaints may expose a filer to criminal liability for Perjury (Art. 183 RPC) or Unjust vexation/Intriguing against honor (Arts. 287/364).
- Administrative fines may be imposed by agencies for frivolous filings.
9. Frequently Asked Questions
| Q | A |
|---|---|
| Do I need a lawyer? | Not for the initial blotter, but an attorney is strongly advised for drafting the Affidavit of Complaint and navigating preliminary investigation. |
| Can I report anonymously? | Agencies accept intel tips, but a formal criminal case requires a complainant with personal knowledge. |
| What if the scammer is overseas? | File locally; the DOJ may seek extradition or mutual legal assistance. You can also pursue civil attachment of local assets. |
| Will I get my money back? | Criminal conviction ≠ automatic recovery. Increase chances by attaching bank accounts, asking the court to issue a Hold Departure Order or Writ of Attachment. |
10. Practical Tips for Effective Action
- Act quickly – scammers move funds fast; banks may still claw back within 24–48 h.
- Keep communications polite and factual; threats may jeopardise your complaint.
- Coordinate with other victims for a Syndicated Estafa angle (heavier penalties).
- Secure your own devices (antivirus, 2FA) to avoid secondary breaches.
- Monitor case status – prosecutors’ offices allow follow-ups every 30 days.
Conclusion
Reporting a scam in the Philippines involves prompt evidence preservation, the right venue, and proper procedural steps. Armed with this roadmap—and professional counsel when needed—you can press charges, seek restitution, and help deter future fraud.