How to Report Scammers and File Complaints for Online Fraud

The rapid digitalization of the Philippine economy has unfortunately brought a surge in cyber-enabled crimes. Victims of online fraud—ranging from investment "pig-butchering" scams to unauthorized bank transfers and e-commerce fraud—often find themselves at a loss on how to seek redress. Under Philippine law, particularly Republic Act No. 10175 (Cybercrime Prevention Act of 2012) and Republic Act No. 11934 (SIM Registration Act), there are established legal mechanisms to report and prosecute these offenses.


I. Immediate Steps: Preservation of Evidence

Before filing a formal complaint, the victim must secure digital evidence. Philippine courts follow the Rules on Electronic Evidence, which require that digital data be authenticated to be admissible.

  1. Screenshots: Capture all conversations (WhatsApp, Messenger, Telegram), profile pages of the scammer, and URLs of the fraudulent websites.
  2. Transaction Records: Secure copies of bank deposit slips, screenshots of e-wallet (GCash/Maya) transfers, and reference numbers.
  3. Communication Logs: Do not delete emails or SMS messages. In the case of SIM-based fraud, record the mobile number used by the perpetrator.

II. Primary Government Agencies for Reporting

Depending on the nature of the fraud, several agencies have concurrent or specialized jurisdiction.

1. PNP Anti-Cybercrime Group (PNP-ACG)

The PNP-ACG is the primary law enforcement arm for cyber-offenses.

  • Process: Victims should go to the nearest ACG District Office or the main office at Camp Crame.
  • E-Reporting: Complaints can be initiated through their official website or the E-Cidms portal.
  • Role: They conduct forensic investigation and can assist in the warrantless arrest of suspects if caught in in flagrante delicto.

2. NBI Cybercrime Division (NBI-CCD)

The NBI is often preferred for complex financial crimes or cases requiring deep technical investigation.

  • Process: A formal complaint-affidavit must be filed at the NBI Cybercrime Division in Manila or any NBI Regional Office.
  • Online Portal: The NBI offers an "Online Complaint" feature on their official website.

3. Department of Information and Communications Technology (DICT) - CICC

The Cybercrime Investigation and Coordinating Center (CICC) operates the Inter-Agency Response Center (IARC).

  • Hotline 1326: This is a dedicated toll-free number for victims of online scams to report incidents immediately.
  • Function: The CICC helps coordinate with telecommunications companies and banks to freeze accounts or block numbers.

III. Sector-Specific Complaints

Type of Fraud Regulatory Body Action
Banking/E-Wallet Fraud Bangko Sentral ng Pilipinas (BSP) File a complaint via the BSP Online Buddy (BOB) if the bank fails to resolve the unauthorized transaction.
Investment Scams Securities and Exchange Commission (SEC) Report entities soliciting investments without a secondary license to the Enforcement and Investor Protection Department (EIPD).
Online Shopping Fraud Dept. of Trade and Industry (DTI) File a complaint for violations of the Consumer Act of the Philippines via the DTI Fair Trade Enforcement Bureau.

IV. The Legal Process: Filing the Criminal Complaint

Reporting is the first step; prosecution requires a formal legal process.

  1. The Complaint-Affidavit: A lawyer should assist in drafting a Complaint-Affidavit. This document must narrate the facts of the fraud and specify the laws violated (e.g., Estafa under the Revised Penal Code, in relation to Section 6 of RA 10175).
  2. Preliminary Investigation: The complaint is filed before the Office of the City Prosecutor. The prosecutor determines if there is "probable cause" to bring the case to court.
  3. Warrant of Arrest: Once an Information (formal charge) is filed in court, the Judge will evaluate the case and issue a warrant of arrest against the perpetrator.

V. Key Laws to Reference

  • RA 10175 (Cybercrime Prevention Act): Penalizes computer-related fraud and identity theft. Crucially, it imposes a penalty one degree higher than that provided by the Revised Penal Code if the crime is committed through information and communications technologies.
  • Article 315 of the Revised Penal Code (Estafa): The primary law against swindling or defrauding others.
  • RA 11765 (Financial Products and Services Consumer Protection Act): Provides additional protection against fraudulent financial schemes and mandates faster resolution from financial institutions.

VI. Challenges and Practical Advice

  • Anonymity: Scammers often use "mule accounts" or fake identities. This is why the SIM Registration Act is now a vital tool for law enforcement to trace the real identities behind mobile numbers.
  • Jurisdiction: Online fraud often crosses borders. The Philippines is a signatory to the Budapest Convention on Cybercrime, allowing for international cooperation in tracking foreign-based scammers.
  • Speed: Time is of the essence. Reporting to the bank and the CICC (Hotline 1326) within the first 24 hours increases the chance of "freezing" the funds before they are withdrawn or converted to cryptocurrency.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.