Quick answer

File a sworn complaint-affidavit, witness affidavits, and supporting evidence with the Office of the City Prosecutor or Provincial Prosecutor that has territorial jurisdiction over the place where an essential element of the fraud occurred. For an online scam, you may first seek investigative help from the NBI Cybercrime Division or PNP Anti-Cybercrime Group, especially if the offender’s identity or location is unknown.

A complaint succeeds only if the evidence supports a specific form of estafa or another fraud offense. A broken promise, unpaid debt, failed investment, or breached contract is not automatically criminal. Depending on the amount, parties’ residences, and applicable penalty, barangay conciliation may also be required before filing.

Is the conduct estafa, or only a civil dispute?

Article 315 of the Revised Penal Code punishes specific fraudulent acts—not every failure to pay or perform a contract. Common forms include:

Estafa by false pretenses

This generally requires proof that:

The respondent made a false representation or used a fraudulent act;
The representation was made before or at the same time the victim parted with money or property;
The victim relied on it; and
The victim suffered measurable damage.

Examples may include falsely claiming ownership, authority, qualifications, business capacity, available inventory, or the existence of an investment or transaction. The important question is whether the deceit caused the victim to release money or property. A dishonest explanation invented only after the transaction normally cannot supply the required prior deceit.

Estafa by misappropriation or conversion

This usually involves money or personal property received in trust, on commission, for administration, or under an obligation to deliver or return it. The evidence must show:

Receipt under such an obligation;
Misappropriation, conversion, or denial of receipt;
Prejudice to another; and
Demand for return.

A loan normally transfers ownership of the money to the borrower and creates a debtor-creditor relationship. Nonpayment of a loan, without a separate fraudulent act, is generally a civil matter. Likewise, failure to return entrusted funds does not by itself prove conversion; the surrounding acts and documents must establish misuse or an assertion of ownership inconsistent with the trust.

Estafa involving a check

Issuing a worthless check may support estafa under Article 315(2)(d) when the check was used to induce the victim to enter the transaction or part with value. A check issued only to pay a debt that already existed ordinarily does not supply the prior or simultaneous deceit required for this form of estafa.

The same check may raise a separate issue under Batas Pambansa Blg. 22. The offenses have different elements and notice requirements. For estafa, Article 315 states that failure to fund the check within three days after receipt of notice of dishonor is prima facie evidence of deceit. Under B.P. Blg. 22, the statutory presumption of knowledge is tied to failure to pay or arrange full payment within five banking days after written notice of dishonor. Preserve the original check, bank return slip, written notice, and reliable proof that the drawer personally received the notice.

Other fraud offenses

The facts may instead fall under Article 318 on other deceits, the Cybercrime Prevention Act, the Access Devices Regulation Act, the Anti-Financial Account Scamming Act, securities laws, or another special law. “Syndicated estafa” under Presidential Decree No. 1689 is not established merely because several people participated; its additional statutory conditions must be proved.

Where to file

Generally, file with the prosecution office for the city or province where the crime, or any essential ingredient of it, occurred. Venue is jurisdictional in a criminal case.

Relevant locations may include where:

The false representation was made or received;
The money, check, goods, or property was delivered;
Entrusted property was required to be returned or accounted for;
Conversion or another essential act occurred; or
Damage was legally sustained.

Do not choose an office solely because it is near your home. In remote or online transactions, venue can be fact-sensitive. Identify where each communication, payment, delivery, and withdrawal occurred and obtain legal advice if several locations are involved.

A police blotter or an NBI or PNP investigation can help preserve evidence, identify suspects, and develop the case, but it does not necessarily replace the complaint-affidavit that must be acted upon by the prosecutor.

Check whether barangay conciliation is required

Katarungang Pambarangay proceedings can be a condition before filing in court or another government office when the dispute falls within the lupon’s authority. This can matter, for example, in an ordinary estafa case involving no more than ₱40,000, whose prescribed maximum imprisonment is only six months.

Barangay conciliation generally does not apply when, among other exceptions:

The prescribed maximum imprisonment exceeds one year or the prescribed fine exceeds ₱5,000;
A party is the government;
The dispute concerns a public officer’s official functions;
A party is a corporation, partnership, or other juridical entity;
The individuals actually reside in different cities or municipalities, subject to the adjoining-barangay exception;
There is no private offended party; or
Urgent legal action is necessary, including when delay may cause prescription.

Where conciliation is required, secure the proper Certificate to File Action after the prescribed mediation and pangkat proceedings fail. A premature complaint may be dismissed or delayed. The controlling exceptions are summarized in the Supreme Court’s Administrative Circular No. 14-93.

Act immediately after discovering the fraud

Before preparing the complaint:

Contact the bank, e-wallet, card issuer, or payment provider. Report the transaction as fraudulent and request preservation, tracing, recall, or restriction measures that the institution can lawfully take. Recovery is not guaranteed, but delay can make tracing harder.
Secure your accounts. Change compromised passwords, revoke active sessions, enable multi-factor authentication, and contact the telecommunications provider if a SIM was taken over.
Report the account or listing to the platform. Ask the platform to preserve the seller profile, messages, transaction records, IP logs, and registration information for lawful disclosure.
Do not delete or edit communications. Keep the original device and files. Avoid continuing an uncoordinated confrontation that may alert the offender or destroy evidence.
Report ongoing danger or an active crime to the police. If the offender is still collecting money, threatening victims, or preparing to flee, seek law-enforcement and legal assistance promptly.

For computer-enabled fraud, the NBI provides investigative assistance for victims of computer crimes and an online complaint page. Reporting to the NBI is not the same as obtaining a prosecutor’s resolution or filing an Information in court.

Evidence to preserve

Organize the evidence by element of the offense, not simply by volume.

Identity of the respondent

Preserve:

Full name, aliases, photographs, addresses, phone numbers, and email addresses;
Social-media usernames, profile URLs, user IDs, store names, and account-creation information;
Bank or e-wallet account names and masked account numbers;
Business registrations, receipts, calling cards, IDs shown during the transaction, and delivery addresses;
Proof connecting a person to the account or representation.

If the true identity is unknown, give investigators every available digital and financial identifier. Do not guess a person’s identity in a sworn statement.

The fraudulent representation or entrustment

Keep:

Advertisements, listings, proposals, contracts, purchase orders, invoices, and investment materials;
Complete chat exports, emails with headers, voice messages, call logs, and recordings lawfully obtained;
Documents showing what the respondent claimed and when;
Proof of the terms under which money or property was received;
Corporate resolutions, authorization letters, titles, permits, or certifications relevant to whether the claim was false.

Reliance, delivery, and damage

Keep:

Deposit slips, transfer confirmations, bank statements, transaction reference numbers, and official receipts;
Proof of delivery or turnover of goods or property;
A computation of the actual amount lost, less any verified return or repayment;
Bank certification or dishonor slips for checks;
Evidence that the victim acted because of the representation.

Demand and notice

For misappropriation cases, prepare a clear written demand identifying the property or amount, the basis for return, and a reasonable compliance date. Preserve proof of actual receipt, such as a signed receiving copy, courier record, authenticated electronic acknowledgment, or other competent evidence.

For check cases, preserve both the demand or notice and proof that the drawer personally received written notice of dishonor. Mere proof that a letter was prepared or mailed may not prove receipt.

Authenticity and continuity

Retain original documents and devices.
Make read-only backup copies.
Capture the full conversation, not selected messages alone.
Record URLs, dates, times, usernames, and transaction references.
Do not crop screenshots in a way that removes identifying context.
Keep a record of who obtained and stored each item.
Ask banks, platforms, couriers, and telecommunications providers to preserve records before routine deletion.

Screenshots can be useful, but the prosecutor may need evidence that is admissible, credible, and capable of being preserved and presented at trial.

How to prepare the complaint-affidavit

Write a chronological, fact-specific statement based on personal knowledge. It should contain:

The complete names and addresses of the complainant and each respondent, if known;
The date and place of every material act;
The respondent’s exact representation or the terms of the trust or entrustment;
Why the representation was false, including facts showing the respondent knew it was false;
How and why the complainant relied on it;
When, where, and how money or property was delivered;
The acts showing conversion, concealment, or fraudulent intent;
Demands made and the respondent’s response;
The amount of actual damage;
Facts establishing venue;
The role of each respondent; and
A request that the appropriate charge be filed.

Mark and describe each attachment—for example, “Annex A, payment confirmation dated…”—and explain what it proves. Witnesses should execute their own affidavits instead of having the complainant narrate matters known only to them.

Do not:

Exaggerate the amount or add speculative losses;
Hide refunds, repayments, settlement attempts, or unfavorable messages;
Accuse every officer of a company solely because of their title;
Present legal conclusions without the underlying facts;
Sign for another person; or
submit altered screenshots or reconstructed documents as originals.

The affidavit must be subscribed and sworn to before a prosecutor, another authorized government officer, or, when permitted, a notary public. Bring valid identification and do not sign outside the presence of the person administering the oath.

Filing requirements

Under the 2024 DOJ-NPS rules, the basic filing set generally consists of:

The original complaint-affidavit;
Two duplicate copies for the official file;
One complete additional set for each respondent;
A duly accomplished NPS Investigation Data Form;
Witness affidavits;
All documentary, electronic, and object evidence available; and
A Certificate to File Action when barangay conciliation applies.

Every set should contain legible copies of all annexes. Bring the originals for comparison but surrender them only against a proper acknowledgment when required.

Local receiving offices may impose administrative requirements, request additional copies, or collect authorized legal fees. Check the prosecution office’s current checklist before filing and obtain an official receipt. The DOJ states that indigent litigants are exempt from NPS legal fees; see the official DOJ schedule of fees and complaint-filing service page.

Obtain a stamped receiving copy showing the date, office, number of pages or annexes when practicable, and docket number. Preserve it permanently.

What happens after filing

The prosecution office first examines the complaint’s form and the completeness of the evidence. It may require missing evidence or conduct case build-up. Once the case is docketed, the applicable procedure depends on the penalty prescribed for the offense:

Prescribed penalty and court track	NPS procedure	Reconsideration period
One day to one year, a fine regardless of amount, or both	Summary investigation, generally resolved from the complainant’s submitted record	No motion for reconsideration under D.C. No. 028
One year and one day to six years and exclusively within first-level court jurisdiction	Expedited preliminary investigation	Not later than 10 calendar days from receipt
At least six years and one day, or a case cognizable by the RTC despite a lower range	Regular preliminary investigation	Within 15 days from receipt

The office—not the complainant—determines the proper track. The amount alone may not control because check estafa, cybercrime allegations, special laws, and qualifying circumstances can change the prescribed penalty.

In an expedited or regular preliminary investigation, the respondent may be subpoenaed and allowed to submit a sworn counter-affidavit and evidence. Regular preliminary investigation may also permit a reply and rejoinder within the periods set by the prosecutor. Expedited proceedings generally prohibit replies, rejoinders, extensions, memoranda, and several other pleadings, although the prosecutor may call a clarificatory hearing.

The current NPS standard is prima facie evidence with reasonable certainty of conviction. The evidence at hand must be admissible, credible, preservable, and sufficient—if left uncontradicted—to establish every element and identify the responsible person. The Supreme Court upheld this prosecutorial standard in Meking v. Remulla, G.R. No. 280455, November 11, 2025.

The prosecutor may:

Dismiss or close the complaint;
Require further case build-up;
Find sufficient evidence and prepare an Information for filing in court; or
Recommend other appropriate charges supported by the evidence.

Filing a complaint does not automatically cause an arrest. If an Information is filed, the court independently evaluates judicial probable cause and whether a warrant should issue.

The governing procedures are in DOJ Department Circular No. 015, s. 2024 and Department Circular No. 028, s. 2024, available through the DOJ’s official issuances page.

Current Article 315 amount thresholds

For the ordinary Article 315 modes—apart from the separate check-estafa schedule in paragraph 2(d)—Republic Act No. 10951 prescribes:

Amount of fraud	Statutory penalty
Not more than ₱40,000	Arresto mayor in its medium and maximum periods: two months and one day to six months
Over ₱40,000 but not over ₱1,200,000	Arresto mayor maximum to prisión correccional minimum: four months and one day to two years and four months
Over ₱1,200,000 but not over ₱2,400,000	Prisión correccional minimum and medium: six months and one day to four years and two months
Over ₱2,400,000 but not over ₱4,400,000	Prisión correccional maximum to prisión mayor minimum: four years, two months and one day to eight years
Over ₱4,400,000	Maximum period of the preceding penalty, plus one year for every additional ₱2,000,000, subject to the 20-year statutory ceiling

Article 315(2)(d) has a separate and substantially higher penalty schedule for estafa by postdating or issuing an unfunded check, reaching reclusión perpetua when the amount exceeds ₱8,800,000.

If estafa is committed by, through, and with information and communications technology, Section 6 of the Cybercrime Prevention Act generally raises the penalty by one degree. These are prescribed ranges, not predictions of the sentence in a particular case. Attempt, participation, mitigating or aggravating circumstances, the Indeterminate Sentence Law, and other statutes may affect the result. The controlling text is Republic Act No. 10951, Section 85, together with Republic Act No. 10175 for ICT-enabled offenses.

Recovery of the money or property

When a criminal action is instituted, the civil action to recover civil liability arising from the offense is generally deemed instituted with it unless the offended party:

Waived the civil action;
Reserved the right to file it separately; or
Filed the civil action before the criminal action.

Civil liability arising from a contract is legally distinct from civil liability arising from the crime. A complainant considering collection, rescission, attachment, a small-claims case, or another civil remedy should obtain advice before making a reservation or filing parallel proceedings. A criminal complaint should not be used simply to pressure a debtor when the evidence establishes only nonpayment.

Filing deadlines and prescription

There is no single deadline for every estafa complaint. Under Articles 90 and 91 of the Revised Penal Code, the prescriptive period depends on the highest penalty prescribed for the particular offense. Depending on the mode and amount, periods of five, ten, fifteen, or twenty years may apply.

Prescription generally begins when the crime is discovered by the offended party, authorities, or their agents. Filing the complaint or Information interrupts the period, which may begin to run again if proceedings end without conviction or acquittal or are unjustifiably stopped for a reason not attributable to the accused.

Determining the discovery date, correct offense, applicable penalty, interruptions, and effect of an offender’s absence can be difficult. Do not wait for the apparent last year—or last day—to file.

Separate, short deadlines apply after a prosecutor’s resolution. Preserve the envelope, email, receiving record, or other proof showing exactly when the resolution was received. Petition-for-review routes depend on the issuing prosecutor and the court that would hear the charge, so obtain legal advice immediately rather than assuming that every adverse resolution may be appealed in the same manner.

Common mistakes

Treating every unpaid debt or failed business as estafa;
Failing to identify the exact false statement made before payment;
Omitting proof that the victim relied on the statement;
Filing in a place with no connection to an essential element;
Skipping required barangay conciliation;
Naming only a corporation without identifying the natural persons who acted;
Failing to prove receipt of a demand or notice of dishonor;
Submitting isolated screenshots without original files or context;
Concealing partial refunds or contradictory communications;
Waiting until records have been deleted by a bank, platform, or courier;
Assuming a police blotter alone starts the prosecution case;
Missing the 10-day or 15-day reconsideration period; and
Posting accusations publicly in a way that creates safety, privacy, or defamation risks.

When legal help is urgent

Consult a lawyer promptly when:

Prescription may be near;
The loss is substantial or involves many victims;
The transaction crossed several cities, provinces, or countries;
The suspect’s identity is unknown or based only on digital accounts;
Checks, securities, cryptocurrency, corporate funds, or entrusted client money are involved;
Assets are being transferred or concealed;
The complaint may involve syndicated estafa or a special law;
A prosecutor has issued a resolution or a short filing deadline;
A settlement, affidavit of desistance, waiver, or release is being proposed; or
The facts could expose the complainant or a witness to a countercharge.

A person who cannot afford private counsel may inquire with the Public Attorney’s Office or an IBP legal-aid office, subject to indigency, conflict-of-interest, and case-acceptance rules.

FAQ

Can I file an estafa complaint without a lawyer?

Yes. A complainant is not generally required to have private counsel merely to submit a complaint-affidavit. However, venue, classification of the offense, electronic evidence, and the distinction between fraud and breach of contract can materially affect the case.

Is a demand letter always required?

No. It is not a universal prerequisite for every form of estafa. Demand is particularly important in misappropriation or conversion cases and for proving notice in check-related cases. In false-pretense cases, the central issues are the prior deceit, reliance, and resulting damage.

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

Yes, you may report the matter for investigation and provide all available identifiers. Because the prosecutor ultimately needs evidence identifying the responsible person, early assistance from the NBI, PNP, bank, e-wallet, or platform may be essential.

Is an online seller’s failure to deliver automatically estafa?

No. The evidence must show fraudulent representation or intent—not merely delay, poor performance, or a later inability to deliver. Fake identity, nonexistent inventory, repeated false shipping claims, immediate diversion of funds, and similar acts may be relevant, but the complete record must be evaluated.

Will filing the complaint get my money back immediately?

No. Filing does not guarantee recovery, freezing of an account, arrest, prosecution, or conviction. Report the transaction to the financial institution immediately and discuss civil remedies with counsel. Any recovery depends on available funds or property, legal process, and proof.

Can the respondent avoid the case by returning the money?

Repayment may affect damage, civil liability, credibility, settlement, or the prosecutor’s evaluation, but it does not automatically erase an already completed public offense. The effect depends on the offense, timing, and complete circumstances.

How long will the case take?

There is no reliable universal duration. The applicable investigation track has internal resolution periods, but case build-up, service of subpoenas, review, court proceedings, witness availability, and evidence collection can extend the process.

Official legal sources

This article provides general Philippine legal information, not legal advice or a prediction of any case’s outcome. Application of the law depends on the documents, dates, locations, parties, and charged offense. Sources and procedures were checked as of August 27, 2026.