Online Scam Complaint Procedures in the Philippines

(A practitioner-oriented guide as of 29 April 2025)

Disclaimer – This article is for informational purposes only and does not constitute legal advice. Statutes, rules, and agency practices change; always confirm the current text of any cited issuance and consult counsel for case-specific guidance.

1. Why a Special Procedure?

Online scams frequently involve aliases, spoofed numbers, offshore servers, and fast-moving funds. Philippine law therefore allows complainants to:

Preserve digital evidence early (screenshots, e-mails, metadata).
File in the place where the victim resides (venue rule under the Cybercrime Prevention Act) to spare victims travel costs.
Seek parallel remedies—criminal prosecution, civil restitution, and administrative relief—often in the same fact matrix.

2. Core Statutes and Regulations

Area	Key Law / Issuance	Offence Highlights	Penalty Range
Fraud using computers or phones	Cybercrime Prevention Act, RA 10175	“Computer-related fraud” (s 6 (b))	6y 1d – 12y + fine ≥ ₱200k
Identity theft, phishing, carding	Access Devices Regulation Act, RA 8484	Use of access device without authority	6y 1d – 20y + fine ≤ ₱500k or double loss
Fake online investment schemes	Securities Regulation Code, RA 8799 & SEC advisories	Unregistered securities, fraud	₱50k–₱5 m + 7y-21y
Unauthorized debits / ATM skimming	RA 11449, BSP Circular 1149	Skimming, forging cards	up to 20y
SIM-based scams	SIM Registration Act, RA 11934	Use of unregistered/bogus SIM for crime	up to 6y + ₱300k
Consumer misrepresentation	Consumer Act, RA 7394 & DTI DCP Rules	False and deceptive online sales	up to ₱300k + closure
Bank/fin-tech complaints	Financial Products & Services Consumer Protection Act, RA 11765 (FCPA)	Unsafe, unfair, or abusive conduct	administrative fines ₱50k-₱2 m/violation

Other cross-cutting rules: Rules on Electronic Evidence (A.M. 01-7-01-SC); Data Privacy Act (RA 10173); Revised Rules on Criminal Procedure (2023 amendments).

3. Typical Types of Online Scams Encountered

Marketplace non-delivery / bait-and-switch
Love/romance scams & “pig-butchering”
Phishing or SMS “smishing” leading to fund transfers
Fake investment or crypto-mining apps
Account takeovers via malware or SIM swap

Correct classification matters because it dictates the proper agency (e.g., SEC for investment scams, BSP for e-wallet debits).

4. Pre-Complaint Evidence Preservation Checklist

Evidence	How to Secure	Why Needed
Screenshots of chats, e-mails, webpages	Use device’s native capture; include full URL & timestamp	Prima facie proof of fraudulent representation
Transaction records	Download PDF from bank/e-wallet; keep SMS OTP logs	Trace flow of funds
Device logs / metadata	Export through settings; note serial numbers	Forensic linkage
IDs, photos, voice notes sent by scammer	Save originals	Identity establishment
Call/SMS detail records	Request from telco citing RA 10175 subpoena power	Corroborate timelines

Tip: Store duplicates in cloud and offline USB; hash files (SHA-256) to prove integrity under the Rules on Electronic Evidence.

5. Where to File a Complaint

Objective	Primary Office	Practical Notes
Criminal investigation	PNP Anti-Cybercrime Group (ACG) or NBI Cybercrime Division (CCD)	Walk-in, online e-Complaint Desk, or via e-Gov PH “Report an Online Scam”
Prosecutorial charging	Office of the City/Provincial Prosecutor where the victim resides or where any ICT component occurred	Use affidavit of complaint + evidence list
Bank/E-wallet recovery	Internal Consumer Assistance & BSP Consumer Assistance Management System (CAMS)	Must file within 15 calendar days for card fraud (BSP Circular 1160)
Investment scam	Securities and Exchange Commission (SEC) Enforcement and Investor Protection Department	Attach proof of unregistered offering
Consumer non-delivery	DTI Fair Trade Enforcement Bureau (FTEB) & barangay mediation (optional step)	DTI issues an Order to Respondent; amounts ≤ ₱10k may go to Small Claims
Data privacy breach	NPC Complaints & Investigations Division	15-day window to report data security incidents

6. Step-by-Step Criminal Complaint Flow

Initial blotter or online report
- Lodge with ACG/NBI; receive Reference Control Number (RCN).
Affidavit of Complaint
- Executed before prosecutor or notary; annex evidence.
Inquest or regular preliminary investigation
- Inquest if suspect is arrested without warrant within 36 hours.
- Regular PI (most online scams): prosecutor issues subpoena; respondent files Counter-Affidavit.
Resolution & Information
- If probable cause found, Information is filed in the Regional Trial Court (RTC) Cybercrime Division.
Issuance of Warrants
- Search, seizure, and/or warrant to disclose computer data (WDCD) under RA 10175.
Arraignment, Pre-Trial, Trial
- Electronic evidence marked per Sec. 2, Rule 11 of REE; testimony may be remote (OCA Circular 112-2020).
Restitution & Asset Recovery
- Court may order return of funds under Art. 104 RPC or RA 10175 s 15.
Appeal / Petition for Review
- 15 days to the DOJ, then CA via Rule 43 if needed.

7. Civil and Quasi-Civil Remedies

Remedy	Forum	Remarks
Independent civil action for damages	RTC/MTC (depending on amount)	May be filed whether or not criminal action proceeds (Art. 33 NCC)
Small Claims (< ₱1 m)	First-level courts; simplified rules	Filing fee minimal; decision within 30 days
Chargeback / dispute resolution	Card issuer per BSP Circular 1160; 15-day filing period	Banks have 10 bd to make provisional credit
Asset freeze	Ex parte petition under AMLC rules if proceeds considered money-laundering	Requires probable cause linking funds to a predicate crime

8. Administrative and Regulatory Shortcuts

DTI “No-Contact Mediation” – 10-day e-mail mediation; failure leads to adjudication (DTI AO 22-03).
SEC KYC Suspension Orders – SEC may direct payment gateways to hold remittances from suspect entities.
NPC CDO (Cease-and-Desist Order) – to stop further misuse of stolen personal data.
DICT Cybercrime Report Portal – automatically forwards to appropriate law-enforcement unit and logs status updates.

9. Cooperation with Banks, E-Wallets, and Telcos

Immediate reporting through in-app channels triggers temporary account holds (required by RA 11765 IRR).
Joint First Notice – Under BSP Memorandum No. M-2023-016, the receiving and sending institutions must exchange information within 8 business hours.
Refunds – If negligence lies with the provider (e.g., system glitch), mandatory credit within 3 bd; otherwise, within 15 bd after investigation.
SIM trace – Telcos must, within 72 hours of a subpoena or court order, produce subscriber details and last known location (RA 11934 IRR, Rule 11).

10. Timelines & Prescription Periods

Offence	Prescriptive Period	Authority
Cyber-related fraud (RA 10175)	12 years	Sec. 10, RA 10175
Estafa via internet (Art. 315 RPC)	20 years (if > ₱12,000)	Sec. 1, Act 3326 as amended
RA 8484 violations	4 years from discovery	Sec. 15, RA 8484
Consumer Act deceptive sales	2 years	Sec. 50, RA 7394

Remember: filing a complaint—even with police—interrupts prescription.

11. Cross-Border & Mutual Legal Assistance

The Philippines is party to the Budapest Convention on Cybercrime (ratified 2021); MLA requests use DOJ-OOC.
For ASEAN neighbors, ASEAN MLAT (2004) streamlines service of subpoenas and production orders.
Paypal, Meta, Google, Binance, and most global platforms honor Philippine court-issued WDCDs if accompanied by an MLA or domestic order citing RA 10175.

12. Practical Tips for Complainants

Act within 24 hours—speed is crucial before funds hop to “cash-out” mules.
Hash before you forward—use openssl sha256 on every file and note the value in your affidavit.
Don’t engage further—continued chats may be spun as consent or settlement.
Check agency backlogs—ACG regional cybercrime desks sometimes move faster than national headquarters.
Consider class complaints—multiple victims strengthen probable cause and bargaining power for restitution.

13. Template Submission Package (minimum)

Cover Letter to ACG/NBI
Affidavit of Complaint (verified)
Annex “A” — Chronology Table (date, time, activity, source)
Annex “B” — Screenshots (certified true copies)
Annex “C” — Bank Transaction Records
Annex “D” — ID copies and proof of address of complainant
Annex “E” — SHA-256 hash summary sheet
USB flash drive sealed in tamper-evident envelope

14. Final Word

The Philippine framework against online scams is robust but procedure-intensive. Victims maximize their chances when they preserve evidence early, choose the correct venue, and pursue both criminal and financial-sector remedies in parallel. Familiarity with the agencies’ jurisdictional boundaries—and the tight statutory timelines for bank disputes—often makes the difference between mere moral victory and actual fund recovery.

Stay vigilant, document everything, and seek professional advice when in doubt.