Quick answer

To start an estafa case, file a sworn complaint-affidavit with the proper Office of the City or Provincial Prosecutor. Attach the affidavits of your witnesses, transaction records, messages, receipts, bank or e-wallet records, and other evidence showing the deception or abuse of confidence and your resulting loss.

Under current DOJ rules, submit:

The original complaint-affidavit;
Two duplicate copies for the prosecution office;
One additional copy for each respondent; and
A completed National Prosecution Service Investigation Data Form.

A police or NBI report can help identify the offender and gather evidence, especially in an online scam, but a police blotter or informal report alone is not necessarily the criminal complaint that starts prosecution. Obtain and keep the prosecutor’s docket number and stamped receiving copy.

Act quickly. Report electronic transfers immediately to the bank or e-wallet, preserve the evidence, determine whether barangay conciliation is required, and file in the correct territorial office before the offense prescribes.

When fraud amounts to estafa

“Fraud” is a broad description. Estafa is the specific offense of swindling under Article 315 of the Revised Penal Code. Its central features are fraud or abuse of confidence and measurable damage to another person.

Common forms include:

Estafa by deceit: The offender made a material false representation before or at the time you parted with money or property; you relied on it; and you suffered damage. Examples may include a fictitious identity, imaginary business, nonexistent property, false authority, or other similar deception.
Estafa by misappropriation or conversion: The offender received money or personal property in trust, on commission, for administration, or under an obligation to deliver or return it, but converted, misappropriated, or denied receiving it, causing prejudice.
Other forms under Article 315: These include taking advantage of a signed blank document, certain fraudulent alterations, and issuing a check as part of the deceit under the conditions specified by law.

A mere unpaid loan, delayed refund, failed investment, undelivered product, or broken contract is not automatically estafa. For estafa by deceit, the false representation generally must have caused the victim to release the money or property. For estafa by abuse of confidence, the evidence must establish the particular fiduciary or return obligation and the conversion or misappropriation. The Supreme Court has repeatedly distinguished criminal fraud from an ordinary contractual breach, including in Wong v. People.

A demand is often useful evidence, but it is not invariably an element of estafa by abuse of confidence. Failure to account after demand may be circumstantial evidence of conversion. The Supreme Court clarified this distinction in Buenaflor v. Office of the Secretary of Justice.

Current amount thresholds and penalties

Republic Act No. 10951 adjusted the amount brackets in Article 315:

Amount of fraud	Penalty stated in Article 315
Not more than ₱40,000	Arresto mayor in its medium and maximum periods—two months and one day to six months
More than ₱40,000 but not more than ₱1,200,000	Arresto mayor maximum to prisión correccional minimum—four months and one day to two years and four months
More than ₱1,200,000 but not more than ₱2,400,000	Prisión correccional minimum and medium—six months and one day to four years and two months
More than ₱2,400,000 but not more than ₱4,400,000	Prisión correccional maximum to prisión mayor minimum—four years, two months and one day to eight years
More than ₱4,400,000	The preceding penalty in its maximum period, plus one year for every additional ₱2,000,000, subject to the statutory 20-year cap

These are the statutory brackets, not a prediction of the sentence in a particular case. The date of the offense, modifying circumstances, applicable special laws, and the form of estafa can affect the charge and penalty. See Section 85 of Republic Act No. 10951.

If estafa was committed by, through, and with information and communications technology, Section 6 of the Cybercrime Prevention Act may raise the penalty by one degree. That can also change which investigation procedure applies.

Act immediately after discovering the fraud

Contact the bank, e-wallet, or payment provider

Report the transaction through the institution’s official fraud or consumer-assistance channel. Give the transaction reference number, date, amount, source account, receiving account, and a truthful description of the fraud. Ask for:

A case or service-request number;
Preservation of relevant transaction and account records;
A recall, trace, or temporary hold if legally and operationally available; and
Written confirmation of your report.

The Anti-Financial Account Scamming Act and BSP regulations allow covered institutions to hold disputed electronic-transfer funds under prescribed conditions for a total period not exceeding 30 calendar days unless extended by a court. A hold is not automatic and does not guarantee recovery. See Republic Act No. 12010 and BSP Circular No. 1215.

If the institution does not address the complaint, follow its internal consumer-assistance process before escalating through the BSP Consumer Assistance Mechanism.

Secure your accounts

Change compromised passwords, revoke unknown sessions, enable multi-factor authentication, and notify your mobile provider if a SIM takeover may have occurred. Preserve evidence before resetting or replacing a device when practicable.

Do not alert the offender in a way that destroys evidence

Do not delete conversations, edit screenshots, impersonate another person, access the suspect’s account without authority, or make threats. Avoid public accusations that could create a separate defamation dispute.

Preserve evidence prosecutors can use

Keep originals whenever possible and organize copies chronologically. Useful evidence may include:

Full chat or email exports, not only selected screenshots;
Original emails with headers;
Profile URLs, usernames, account numbers, telephone numbers, and email addresses;
Advertisements, listings, websites, invoices, proposals, contracts, and order pages;
Bank statements, e-wallet histories, deposit slips, transfer confirmations, and transaction reference numbers;
Official receipts, acknowledgment receipts, delivery records, and proof of ownership;
The original check, bank return slip, and written notice of dishonor when a check is involved;
Demand letters and reliable proof of actual receipt;
Audio, video, CCTV footage, photographs, and the original device or file;
SEC, DTI, licensing, property, or business records contradicting the representation;
Records showing attempts to verify the claim before payment;
Witness affidavits from people with personal knowledge; and
Proof of the exact loss, including how the amount was calculated.

Save at least two secure copies. Retain the original filenames and metadata. Do not crop, annotate, enhance, or repeatedly forward the only copy of a digital file. Record when, where, and from whom each item was obtained.

Determine the proper place to file

Criminal actions are generally instituted where the offense was committed or where any essential ingredient occurred under Rule 110, Section 15.

For estafa, relevant places may include where:

The false representation was made or received;
The victim relied on it and released the money or property;
Entrusted property was received or converted; or
The damage occurred.

Venue is fact-sensitive, particularly for online transfers involving people, banks, or devices in different cities. File with the City Prosecutor for the city having territorial jurisdiction or the Provincial Prosecutor for the appropriate provincial locality. Ask the receiving office to confirm territorial jurisdiction before filing. A wrong venue can delay or defeat the case.

If the offender is anonymous, overseas, using fake accounts, or part of a coordinated online scheme, seek investigative assistance first. The NBI Cybercrime Division accepts complaints and sworn statements and may examine relevant devices. The NBI also maintains an online complaint page. Reporting to investigators does not eliminate the need to comply with the prosecutor’s filing requirements.

Check whether barangay conciliation is required

Katarungang Pambarangay can be a mandatory precondition when the complainant and respondent are individuals who actually reside in the same city or municipality and the dispute falls within the Lupon’s authority.

This can affect simple estafa involving no more than ₱40,000 because the maximum imprisonment under the basic Article 315 bracket is six months. Barangay conciliation ordinarily does not cover, among others:

An offense punishable by imprisonment exceeding one year or a fine exceeding ₱5,000;
A dispute involving the government or a public officer acting in an official capacity;
An offense with no private offended party;
Parties who reside in different cities or municipalities, subject to the statutory exception involving adjoining barangays and agreement to submit;
A case involving an accused under detention;
A petition for habeas corpus;
An action accompanied by provisional remedies; or
A matter in which delay would cause the action to prescribe.

Online estafa may carry a higher penalty under the Cybercrime Prevention Act, which can remove it from barangay authority. Corporations and other juridical persons also require separate analysis.

When conciliation is required, obtain the proper Certification to File Action before going to the prosecutor. Filing with the Punong Barangay interrupts prescription only within the limits provided by law; the interruption cannot exceed 60 days. Review Sections 408, 410, and 412 of the Local Government Code. Do not assume that a barangay blotter is the same as a properly filed Katarungang Pambarangay complaint.

Draft a complete complaint-affidavit

The affidavit should be factual, chronological, and based on personal knowledge and authentic records. Include:

Your identity and address. If filing for a corporation or another person, attach proof of authority.
Each respondent’s identity and last known address. Explain aliases, usernames, company positions, and how you connected each person to the transaction.
The exact date and place of material events.
The representation or trust arrangement. State the exact claim, promise, document, or obligation involved.
Why it was false or how the property was converted.
Your reliance. Explain why and when you released the money or property.
The payment or delivery. Identify the amount, account, transaction reference, receipt, or property.
The damage. State the amount actually lost and show the calculation.
Events after discovery. Include demands, admissions, blocked communications, account changes, or other relevant acts.
Each respondent’s participation. Do not treat ownership of a company, family relationship, or inclusion in a group chat as proof of conspiracy.
The requested action. Ask that the respondents be investigated and charged with the offense supported by the evidence.
Annexes. Mark and describe every document in the order mentioned.

Sign and swear to the affidavit before a prosecutor or another government official authorized to administer oaths or, in their absence or unavailability, before a notary public. Bring valid identification. Because the affidavit is under oath, knowingly false material statements can have serious consequences.

File the complaint step by step

Confirm venue and the current intake checklist. Ask whether the office requires folders, an annex index, electronic copies, or a particular arrangement.
Complete the NPS Investigation Data Form.
Prepare the required copies: original, two duplicates, and one copy for every respondent.
Attach all witness affidavits and supporting evidence. A prosecutor may require missing evidence before docketing.
Submit the papers to the docket or receiving section.
Obtain a stamped receiving copy and docket number. Record the filing date and the name of the office.
Monitor notices. Keep your address, email, and telephone number current. Attend every required hearing and comply with deadlines stated in subpoenas or orders.

The DOJ standard is now prima facie evidence with reasonable certainty of conviction. Evidence must be credible, admissible, capable of preservation, and sufficient—if left uncontroverted—to establish all elements and the responsible person’s identity. The Supreme Court upheld the DOJ’s authority to apply this standard in G.R. No. 280455.

Which prosecutor procedure applies?

For ordinary estafa under the current amount brackets, the usual classification is:

Amount	Usual DOJ procedure	Key deadline after an adverse resolution
Up to ₱40,000	Summary investigation; ordinarily resolved on the complainant’s record without a respondent’s counter-affidavit	No motion for reconsideration under DOJ Circular No. 28
More than ₱40,000 up to ₱2,400,000	Expedited preliminary investigation	Motion for reconsideration within 10 calendar days from receipt
More than ₱2,400,000	Regular preliminary investigation	Motion for reconsideration within 15 days from receipt

These classifications may change if ICT raised the penalty, another offense is charged, the case is cognizable by a Regional Trial Court for another legal reason, or special circumstances apply.

Under DOJ Circular No. 28, an expedited case is generally evaluated for form and completeness, may undergo case build-up, and should be resolved within 20 calendar days from the investigating prosecutor’s receipt of the complete records after case build-up and docketing. Extensions of time and reply or rejoinder affidavits are generally prohibited in expedited proceedings.

Under DOJ Department Circular No. 15, series of 2024, a regular preliminary investigation should generally be resolved within 60 calendar days from assignment, with a maximum 30-day extension for specified complex cases. These are administrative processing periods measured from particular procedural events, not guarantees that the entire criminal case will finish within that time.

If the prosecutor finds sufficient evidence, an Information is prepared and filed in court. The judge then independently evaluates judicial probable cause. Filing a complaint does not automatically result in arrest, a warrant, conviction, or repayment.

Special rule when a check is involved

A dishonored check can involve Article 315(2)(d), Batas Pambansa Blg. 22, civil liability, or a combination supported by the facts.

For estafa by check, the check must form part of the deceit that caused the victim to provide value. A replacement check or a check issued only for an already-existing debt generally does not by itself establish the required causal deceit. Article 315 creates prima facie evidence of deceit when the drawer fails to fund the check within three days after receiving notice of dishonor, but the other elements must still be shown.

For B.P. Blg. 22, the statute provides a separate five-banking-day period after the drawer receives notice of dishonor to pay or arrange full payment. Proof of actual receipt of written notice is critical. Preserve the original check, bank return document, written demand, and proof of service. See Batas Pambansa Blg. 22.

Prescription: do not wait

The filing deadline depends on the penalty and sometimes on when the crime was discovered. Under Articles 90 and 91 of the Revised Penal Code:

Crimes punishable by arresto mayor generally prescribe in five years;
Crimes punishable by correctional penalties generally prescribe in 10 years;
Other crimes punishable by afflictive penalties generally prescribe in 15 years; and
Crimes punishable by reclusion temporal or more severe listed penalties prescribe in 20 years.

For estafa, prescription generally begins when the crime is committed or actually discovered by the offended party, authorities, or their agents, subject to Article 91. A later demand does not necessarily restart or postpone the period. Filing the proper complaint for preliminary investigation can interrupt prescription, but an informal demand, police blotter, bank report, or social-media post should not be assumed to do so.

The applicable period can depend on the offense date, amount, amended penalty, discovery facts, barangay proceedings, and interruptions. Seek legal advice immediately if several years have passed.

Common filing mistakes

Treating every unpaid debt or failed transaction as criminal fraud;
Describing conclusions such as “scammer” without stating the exact false representation, reliance, conversion, and damage;
Filing in the complainant’s residence even though no essential element occurred there;
Skipping mandatory barangay conciliation;
Naming a company, owner, officer, employee, or relative without identifying that person’s acts;
Submitting selected screenshots without the complete conversation or original files;
Failing to prove the amount and destination of payment;
Omitting the respondent’s last known address;
Waiting for a demand when prescription or fund recovery is urgent;
Assuming an NBI report, bank complaint, or police blotter is already a prosecutor’s complaint;
Missing the 10- or 15-day reconsideration deadline; and
Accepting repayment or signing a waiver, release, settlement, or affidavit of desistance without understanding its effect.

When legal help is urgent

Consult a Philippine criminal-law practitioner promptly when:

The possible prescriptive period is close;
The amount is substantial or assets are being transferred;
The offender is anonymous, abroad, or using multiple mule accounts;
Several victims or jurisdictions are involved;
The transaction concerns securities, cryptocurrency, trusts, corporate funds, or public money;
The evidence is held by a platform, telecommunications provider, bank, or third party and may require legal preservation or court process;
You need attachment or another provisional remedy;
You received an adverse resolution and a reconsideration deadline is running;
The respondent has threatened, harassed, or attempted to silence a witness; or
A settlement, restitution agreement, waiver, or affidavit of desistance has been offered.

Regulatory complaints may be filed in parallel when appropriate—for example, through SEC iMessage for investment or securities concerns or the DTI Consumer CARe System for covered consumer disputes. These channels do not necessarily replace the criminal complaint.

Frequently asked questions

Do I need a lawyer to file?

A lawyer is not an absolute requirement for submitting a complaint-affidavit. However, legal assistance is valuable when the criminal theory, venue, respondent identity, prescription, electronic evidence, or civil remedy is disputed.

Can I file even if I know only the scammer’s username or account number?

You may report the matter to the NBI or PNP cybercrime investigators, but identifying the responsible person and a usable address is important for prosecution and due process. Preserve every identifier and transaction record. Do not guess the person behind an account.

Is a demand letter always required?

No. It is not universally required for every form of estafa. It can nevertheless prove notice, refusal to account, or circumstances indicating conversion. For dishonored-check cases, the statutory notice rules and proof of actual receipt require particular care.

Can the prosecutor change the offense I named?

Yes. The controlling issue is what offense the facts and evidence support. Conduct commonly called a “scam” may support estafa, other deceits, a cybercrime-qualified offense, B.P. Blg. 22, an offense under a special law, a civil claim, or no criminal charge.

Will filing recover my money?

Not necessarily. Prompt bank reporting may help trace or temporarily hold remaining electronic funds, but recovery is not guaranteed. Civil liability arising from the offense is generally deemed instituted with the criminal action unless waived, reserved, or previously filed, subject to Rule 111. Discuss civil strategy before signing a waiver or filing a separate case.

Can I withdraw the complaint after settlement?

Settlement or restitution does not automatically erase a public offense. An affidavit of desistance is not binding on the prosecutor or court, although it may be considered where legally allowed. Obtain advice before signing anything.

Official legal sources

This article provides general Philippine legal information, not legal advice or a prediction of any case’s outcome. Procedures and conclusions may change with the facts, documents, offense date, venue, and later issuances. Official sources were checked through July 27, 2026.