In the Philippine investment landscape, a recurring "modus operandi" involves enticing victims to "fund" loans for alleged borrowers. Scammers present notarized loan contracts, promissory notes, and post-dated checks (PDCs) to create an aura of legitimacy. When the "investment" fails to return and the documents are revealed as fabrications, the legal recourse typically involves filing criminal complaints for Estafa and Falsification of Public/Private Documents (Forgery).

1. Understanding the Crimes

A. Estafa (Article 315, Revised Penal Code)

Estafa is committed when a person defrauds another through unfaithfulness, abuse of confidence, or false pretenses. In investment scams, the specific category is usually Estafa by means of Deceit.

The Deceit: The scammer misrepresents that they have a legitimate lending business or a pool of verified borrowers.
The Inducement: The victim parts with their money based solely on these false representations and the presentation of fake loan contracts.
The Damage: The victim suffers financial loss when the promised returns and the principal amount vanish.

B. Falsification/Forgery (Articles 171 & 172, Revised Penal Code)

When a scammer creates a fake loan contract, they are committing Falsification.

Falsification of a Public Document: If the contract bears a fake notary seal or the forged signature of a real Notary Public.
Falsification of a Private Document: If the contract is a simple agreement between private parties but the signatures of the "borrowers" are forged to induce the investor.

Note: Under Philippine law, if the falsification is used as a necessary means to commit the Estafa, it is treated as a Complex Crime of Estafa through Falsification of Documents, which generally carries a higher penalty.

2. Evidence Gathering: The Foundation of Your Case

To file a successful complaint, you must move beyond mere allegations. You need "competent evidence":

The Fake Contracts: Keep the original copies of the loan agreements and promissory notes provided by the scammer.
Proof of Payment: Bank transfer screenshots, deposit slips, or acknowledgement receipts showing you gave money to the scammer.
Verification from "Borrowers": If the contract names a specific person as a borrower, an affidavit from that person stating they never applied for such a loan is "smoking gun" evidence of forgery.
Notarial Verification: Visit the Clerk of Court in the city where the document was allegedly notarized. If they issue a certification that no such document exists in their records, it proves the notary seal was forged.
Communication Logs: Save copies of chats (Viper, Telegram, Messenger) where the scammer offered the investment and sent the fake documents.

3. Step-by-Step Procedure for Filing

Step 1: Drafting the Complaint-Affidavit

You (the Complainant) must prepare a Complaint-Affidavit. This is a sworn statement detailing:

The "Who, What, When, and Where" of the scam.
How the scammer used the fake loan contracts to convince you to invest.
The exact amount of money lost.

Step 2: Filing for Preliminary Investigation

File the complaint at the Office of the City or Provincial Prosecutor where the crime was committed (usually where the money was handed over or where the fake documents were shown).

Step 3: The Prosecutor's Evaluation

The Prosecutor will issue a subpoena to the Respondent (the scammer).

If the Prosecutor finds Probable Cause, they will file a "Criminal Information" (the formal charge) in court.
If the scammer cannot be found, the case may still proceed to the filing of an Information so a Warrant of Arrest can be issued.

4. Important Legal Considerations

Feature	Estafa (Simple)	Syndicated Estafa
Number of Accused	1 or 2 individuals	5 or more individuals
Organization	Casual/Individual act	Formed as a "syndicate"
Bail	Generally bailable	Non-bailable (Life Imprisonment)

Syndicated Estafa (P.D. 1689): If the scam was carried out by a group of five or more people acting as a syndicate, the charge can be elevated to Syndicated Estafa, which is non-bailable. This is common in "investment firms" that turn out to be Ponzi schemes.

5. Common Challenges and Tips

The "Civil Case" Trap: Scammers often argue that the matter is merely a "failed loan" or a "breach of contract" (civil in nature) to avoid jail. You must prove criminal intent—that the loans were fake from the very beginning.
Demand Letter: While not always strictly required for Estafa by Deceit, having a lawyer send a formal Demand Letter to the scammer can serve as further proof of their refusal to pay and their intent to defraud.
Small Claims vs. Criminal: If you only want your money back and the amount is under PHP 1,000,000.00, Small Claims Court is an option. However, for scams involving forgery, a criminal case for Estafa is the only way to seek imprisonment.

Next Steps

Would you like me to draft a basic Template for a Demand Letter or a checklist of the specific Annexes you should prepare for a Complaint-Affidavit?