A Philippine legal and practical guide for buyers who paid and got scammed (non-delivery, bogus tracking, counterfeit, bait-and-switch, etc.)

I. What an “Instagram Seller Scam” Usually Looks Like

Instagram scams in PH commonly fall into these patterns:

Non-delivery after payment – seller blocks you, deactivates, or keeps stalling.
Fake tracking / fake courier booking – screenshot-only “tracking,” no real waybill record.
Bait-and-switch – product received is wrong, used, or far lower quality.
Counterfeit / misrepresented goods – sold as “authentic,” arrives fake.
Deposit scam – asks for “reservation fee” then disappears.
Phishing / fake payment links – sends a link that steals logins/OTPs.
COD tampering – parcel contains junk but was sealed; scam may involve third parties.

Your remedy depends heavily on (a) the payment channel, and (b) whether the scam is purely civil (breach of obligation) or criminal (fraud/estafa or other offenses).

II. First 24 Hours: Do This Immediately (Most Refund Success Happens Early)

A. Preserve evidence (do this before the seller deletes anything)

Save clear, time-stamped copies of:

Instagram profile page (username, name, bio, links, contact details)
Posts/story highlights advertising the product, price, “authentic” claims, return/refund claims
Full chat thread (screenshots + screen recording if possible)
Payment proof: bank transfer reference, e-wallet transaction ID, remittance receipt, QR, deposit slip
Any “tracking” screenshot and the actual waybill number (try verifying directly with the courier app/site if available)
Names/handles of anyone who referred you (if relevant)
Any voice calls: call logs; if you have lawful recordings, store them safely

Also note:

Date/time you ordered, paid, expected delivery
Exact item description, price, shipping fee, terms promised

B. Do not “negotiate away” your strongest leverage

Common scam moves: “send extra ₱___ for re-delivery,” “pay ‘release fee’,” “upgrade shipping.” As a rule: don’t send additional money. Keep communications in writing.

C. Send a firm written demand (even if you plan to file a case)

A demand message helps show:

the agreement,
the breach,
your request for refund/replacement, and
the seller’s refusal/ghosting.

Keep it factual and non-threatening (avoid statements that could be used against you later).

III. Fastest Refund Routes: Payment-Channel Remedies (Often More Effective Than Filing a Case)

Refund chances are highest when your payment channel has a formal dispute/chargeback mechanism or can freeze scam proceeds quickly.

1) Credit card payment (best for refunds)

If you paid by credit card (directly or via a payment gateway):

Call your issuing bank and file a dispute/chargeback (goods not received, counterfeit, not as described).
Provide screenshots, invoice/chat, delivery failure proof.
Follow your bank’s deadlines and documentary requirements.

Why this works: chargeback is designed for these situations.

2) Debit card payment

Some banks support dispute processes, but consumer protections may be narrower than credit cards. File a dispute immediately and document everything.

3) Bank transfer / deposit (BPI/BDO/Metrobank etc.)

Bank transfers are often treated as authorized push payments, which are harder to reverse once credited. Still:

Report immediately to your bank’s fraud/scam channel and request a recall/hold (timing matters).
Ask for a written case/reference number.
If you have the recipient account details, keep them—they’re crucial for law enforcement.

Even if reversal fails, your report creates a trail that helps later subpoenas/investigation.

4) E-wallets (GCash / Maya / others)

E-wallet transfers are also commonly irreversible once completed, but immediate reporting can sometimes:

flag the recipient,
temporarily restrict the account, or
assist in investigation.

Steps:

Use in-app help/support + file a scam/fraud report.
Provide transaction ID, recipient number/QR/account, chat evidence, and timeline.
Request that the recipient account be flagged/frozen pending investigation (results vary; speed matters).

5) Remittance / cash outlets

Report to the remittance provider quickly with the reference number and recipient details. Some outlets can act before payout; after payout, it becomes evidence for criminal complaint.

6) Cash-on-delivery (COD)

If you paid COD and got junk/empty box:

Report to the courier immediately (provide waybill, parcel photos/video, rider details if available).
Some couriers have claims processes, especially if tampering is provable, but outcomes vary.

Evidence tip: photos/video of the parcel before opening, the waybill, and the unboxing are important.

IV. Instagram / Meta Platform Actions (Useful for prevention, sometimes helps investigation)

On Instagram, you can:

Report the account, posts, ads, and messages (impersonation, scam/fraud, sale of counterfeit goods, etc.).
Block the seller after evidence is saved.

Platform reporting won’t guarantee your refund, but it:

can take down the account,
helps prevent more victims,
preserves some internal logs that may be obtainable by lawful process in investigations.

V. Philippine Legal Framework: Civil vs Criminal Remedies

A. Civil liability (refund/replacement/damages)

If you paid and the seller failed to deliver or delivered the wrong item, you may sue for:

refund of the price
damages (in appropriate cases)
possibly interest and costs

Legal bases commonly invoked:

Obligations and Contracts (Civil Code) – breach of contract / unjust enrichment concepts
Consumer Act of the Philippines (RA 7394) – deceptive sales acts, warranties, product misrepresentation (often relevant where seller is acting as a “seller/supplier”)

Practical note: civil cases require you to identify and locate the defendant to serve summons.

B. Criminal liability (when it’s not “just non-delivery” but fraud)

Most IG seller scams are pursued as Estafa (Swindling) under the Revised Penal Code when the facts show:

deceit/fraud was used to obtain your money, and
you suffered damage (loss of money), and
you relied on the false representation (e.g., “authentic,” “on-hand,” fake proof of shipment, fake identity).

If the scam used online systems, other laws may be relevant depending on the exact acts, including:

E-Commerce Act (RA 8792) (recognizes electronic transactions; may support evidentiary and enforcement context)
Cybercrime Prevention Act (RA 10175) where applicable to certain computer-related fraudulent acts (case theory depends on specifics)

Criminal cases are often more realistic than civil collection when the scammer is evasive, because investigation tools can be used to identify the person behind bank/e-wallet accounts.

VI. Where and How to File Complaints in the Philippines

A. DTI consumer complaint (administrative/mediation route)

DTI processes consumer complaints and often facilitates mediation, particularly where the seller is operating as a business and the issue involves:

non-delivery,
defective/misrepresented goods,
refusal to honor return/refund,
deceptive sales acts.

This route is strongest if you have:

business name, address, contact info,
invoices/receipts,
clear proof of transaction and representations.

Even if the seller is informal, DTI complaints can still be useful to create official records and pressure compliance, but enforcement depends on the ability to identify the seller.

B. Barangay conciliation (Katarungang Pambarangay)

If you know the seller’s real name and they live in the same city/municipality (and the dispute falls within barangay jurisdiction rules), you may need barangay proceedings before filing certain civil actions.

This is usually not practical if:

you only have an IG handle,
the seller’s address is unknown, or
the seller is in another area with exceptions that allow direct filing.

C. Small Claims case (civil refund route in court)

If your goal is a straightforward refund and you can identify the defendant with an address:

file a small claims case (a simplified procedure for money claims within the allowed limit set by court rules).
The process is designed to be faster and less technical.

Main hurdle: serving summons—you need a real, serviceable address.

D. Criminal complaint for Estafa (often the most used route for IG scams)

File at:

the Office of the City/Provincial Prosecutor where you reside or where the transaction/effects occurred (jurisdiction can be fact-specific), or
through assistance channels of cybercrime units (below), depending on the case build.

You typically submit:

Complaint-Affidavit (narrative of facts, sworn/notarized)
Attached evidence (screenshots, proofs of payment, demand messages, identity clues)
IDs and any additional forms required locally

Then it proceeds through preliminary investigation (respondent gets a chance to answer). If probable cause is found, an Information is filed in court.

E. PNP Anti-Cybercrime Group / NBI Cybercrime Division (investigative assistance)

These agencies commonly assist online fraud victims. They can help:

document the case properly,
advise on evidence preservation,
support identification/investigation steps.

They still need your evidence and a coherent timeline. Bank/e-wallet details are especially valuable.

VII. Evidence That Matters Most (and Why)

A. Strongest identifiers

Bank account number + account name (even partial from deposit slips)
E-wallet number/account and transaction IDs
Courier waybill and shipper account details
Any government ID the seller sent (even if suspected fake—keep it)

Even if you can’t legally “force” the bank to disclose the account owner yourself, law enforcement/prosecutors can seek proper legal processes for identification.

B. Best proof of fraud (for criminal complaints)

Seller’s specific claims: “on-hand,” “authentic,” “ships today,” “refundable,” “legit shop”
Proof those claims were false: no shipment record; blocked after payment; repeated excuses; multiple victims; fake tracking
Your reliance: you paid because of those representations
Damage: amount paid, plus incidental costs

C. Avoid evidence gaps

Take screenshots that include username, date/time, and full conversation context
Keep original files (don’t only keep compressed copies)
Don’t edit screenshots in ways that can be attacked as tampering

VIII. Drafting a Proper Demand (Content Outline)

A demand message/letter should include:

Identification of the transaction (item, price, date ordered, date paid, method paid, transaction reference)
The seller’s undertaking (deliver by ___ / authentic / refundable)
What happened (non-delivery/wrong item/fake item)
Your demand (refund ₱___ to account ___ by a clear deadline)
Statement that you will pursue formal remedies if not resolved (keep it factual; avoid threats)

IX. Common Seller Defenses and How They’re Usually Addressed

“Shipment delayed” – ask for verifiable waybill and courier confirmation, not screenshots only.
“No refund” policy – may not defeat claims where there’s non-delivery, misrepresentation, or counterfeit.
“You changed your mind” – your records should show the real reason (e.g., item never shipped).
“You sent money voluntarily” – fraud focuses on whether consent was induced by deceit.
“That’s not my account” – transaction trails, chat admissions, and linked identifiers matter.

X. Risk Management: What Not to Do

A. Public shaming with accusations

Posting the seller’s alleged identity publicly can backfire through:

defamation exposure (if you misidentify or overstate facts),
escalation and retaliation,
loss of strategic control over evidence.

If you warn others, stick to verifiable facts and avoid naming uninvolved persons.

B. Sharing your own sensitive data

Scammers may bait you into sending:

OTPs, verification codes
ID selfies and signatures
“refund forms” that are actually phishing

C. Paying “processing” or “release” fees

This is a classic second-wave scam.

XI. Outcomes to Expect (Realistic View)

Fast refunds are most likely through chargeback/dispute mechanisms (credit card and some payment intermediaries).
Bank/e-wallet transfers are harder to reverse, but early reporting can still help freeze and document.
DTI mediation can work well when the seller is identifiable and operating as a business.
Criminal complaints (estafa) are common for IG scams, especially when the seller is evasive; they can enable identification and accountability, though timelines vary and depend on evidence and respondent traceability.
Small claims is effective if you can identify and serve the defendant.

XII. Quick Checklist (One-Page Action Plan)

Screenshot/profile capture + save chat + save listings + record transaction IDs
Send one clear demand for refund with deadline
Report immediately to your payment provider (chargeback/dispute/fraud report)
Report the IG account/posts
Prepare complaint-affidavit packet (timeline + exhibits)
File either: DTI complaint (consumer mediation) and/or estafa complaint (prosecutor), with cybercrime unit support if needed
Keep everything organized (chronological folder + printed copies for filing)