Online Marketplace Advance-Payment Scam (Philippines): How to File Estafa and Recover Your Money

Philippine-specific, practice-oriented guide. This is general information, not legal advice. Laws and rules can change; confirm specifics with counsel or the proper agency.

1) Snapshot: your options

If you paid in advance for a product/service from a seller you found on Facebook Marketplace, Carousell, IG/TT, group chats, or even outside Lazada/Shopee escrow, and you were ghosted or sent a fake item, you typically have three parallel tracks:

Criminal – file estafa (swindling) under the Revised Penal Code (RPC, Art. 315).
- If the scam was done online, penalties are generally one degree higher (Cybercrime Prevention Act, RA 10175 Sec. 6).
Civil – recover the money (plus damages and interest) via a civil action or Small Claims (no lawyers at hearing).
Administrative / Platform / Financial rails – bank/e-wallet recall or chargeback, report to NBI/PNP cybercrime, DTI (consumer complaints, and Internet Transactions Act compliance), and the marketplace/app for takedown and account freeze.

You can pursue these at the same time (with some coordination—see Sec. 8 on civil actions).

2) What makes it estafa in an advance-payment scam?

Most marketplace scams fit Art. 315(2)(a) – “by means of false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud” (e.g., using a fictitious name; pretending to have stock, authority, or business; “last two units!”; fake proof of shipments; manipulated reviews). Key elements:

Deceit (a lie or fraudulent device before or at the time you paid);
Reliance (you believed it and paid because of it);
Damage (you lost money or property).

Mere breach of promise or late delivery is not estafa. There must be intent to defraud at the outset. That’s why screenshots/chats matter—they show the deceit happened before payment.

Depending on facts, some cases can also fall under:

Art. 315(1)(b) (misappropriation of money received in trust/commission) when the money was entrusted for a specific purpose; or
B.P. 22 (bounced checks), if a check was used.

If done via computers/phones/internet, RA 10175 (Cybercrime) applies; courts typically impose a penalty one degree higher than the base RPC penalty (Sec. 6). Electronic evidence is admissible under the Rules on Electronic Evidence and E-Commerce Act (RA 8792).

3) Penalties (high-level)

Estafa penalties scale with the amount defrauded under Art. 315 as amended by RA 10951 (2017). In broad strokes:

Higher amount = higher penalty, with tiers culminating when the amount exceeds ₱2,400,000; above that, the law adds incremental years per additional amount (formerly ₱10k increments; now ₱40k increments post-RA 10951), subject to a statutory cap on total imprisonment.
If committed through ICT (e.g., social apps, online payments), expect one-degree-higher penalties under RA 10175 Sec. 6.

Because exact tiering can be technical and fact-dependent, ask counsel or the prosecutor to compute the indeterminate sentence for your amount.

Prescription (deadline to file criminal case). Under Art. 90 RPC, crimes punishable by:

Correctional penalties (up to 6 years) prescribe in 10 years;
Afflictive penalties (6–12 years) prescribe in 15 years. Your estafa tier (hence the prescriptive period) depends on the amount and cybercrime uplift.

4) Evidence: build your “e-dossier”

Courts and prosecutors care about deceit + reliance + damage. Assemble:

Identity breadcrumbs: profile handle/URL, phone/SIM, GCash/Maya/bank account name and number, courier details, device names, email, IP if any.
Timeline: first contact → representations (lies) → your payment → no delivery/fake delivery/ghosting.
Deceit proof: screenshots/screen recordings of posts/listings, chat threads (with timestamps, handles visible), “proof of stock,” doctored waybills, edited photos/videos (note anomalies), fake receipts.
Payment proof: bank/e-wallet receipts, transaction refs, card statements, ATM/deposit slips; shipping fees; riders’ messages; any “paid” badges.
Damage: amount; opportunity costs; ancillary losses (rush delivery fees, etc.).
Your efforts to resolve: follow-ups, demand letter (email/Viber with read receipts), any excuses.
Authentication: keep original files; export chats; email headers; don’t edit. On printouts, add a short Affidavit of Authenticity (Rules on Electronic Evidence allow this). If you filmed a scroll-through of the chats, keep the raw video.

Do NOT “name-and-shame” publicly—allegations can trigger (cyber) libel exposure. File formally.

5) Where and how to file the criminal case

A. If you know (or can identify) the scammer

Draft a Complaint-Affidavit (narration + exhibits). Have it notarized.
File with the Office of the City/Provincial Prosecutor where any essential element occurred (venue for estafa can be where the deceit was committed or where damage was suffered — often your city, where you sent the money).
Prosecutor issues subpoena; respondent files Counter-Affidavit; parties may file Reply/Rejoinder.
Prosecutor resolves probable cause; if found, files an Information in court. The court then may issue a warrant.

B. If the scammer is unknown / only a handle

File first with law enforcement to unmask:

NBI Cybercrime Division or PNP Anti-Cybercrime Group (ACG).
Bring your e-dossier. Investigators can seek cybercrime warrants (to disclose subscriber data, seize or examine devices, etc.) and formally request telco/bank/e-wallet subscriber information.
After identification, proceed to the Prosecutor.

Barangay conciliation? Not required when the parties live in different cities/municipalities, the respondent is unknown/unlocatable, or for offenses with penalties beyond barangay jurisdiction. Estafa cases are commonly exempt in online-scam scenarios.

6) Civil recovery: get your money back

You can recover via (a) the civil aspect of the criminal case or (b) a separate civil case.

Small Claims (A.M. No. 08-8-7-SC, as amended): for purely money claims up to ₱1,000,000 (current threshold; check current rules).
- No lawyers appear at the hearing (you may consult one beforehand).
- File a Statement of Claim, attach proofs (see e-dossier), pay docket fees (or apply as indigent).
- Venue: where you or the defendant resides, or where the cause of action arose.
- Usually resolved quickly (often within a single setting).
Regular civil action for bigger/complex claims or when you also seek moral/exemplary damages and attorney’s fees.
Interest: Philippine legal interest is 6% per annum; in money claims it typically runs from judicial demand (filing) until full payment (Nacar doctrine).

Coordinating with the criminal case (Rule 111)

By default, the civil action is deemed instituted with the criminal estafa case. You may waive it, reserve the right to file separately, or file separately under specific Civil Code provisions. Ask counsel which path maximizes leverage.

7) Administrative & platform remedies (often fastest for freezing funds)

Banks / e-wallets (GCash/Maya)
- Immediately file a recall/charge dispute with your bank/wallet. Provide transaction refs, timeline, police blotter or complaint receipt.
- Card payments: request a chargeback via your issuer within scheme time limits.
- PESONet/InstaPay: you can request a recall; recipient bank typically needs the beneficiary’s consent unless there’s law-enforcement intervention or court order. Early reporting increases chances the funds are still there.
- Providers may freeze suspect accounts upon verified fraud reports and law-enforcement coordination (subject to due process).
Marketplace / social platform
- Use in-app report and takedown tools; submit your proofs; ask for account preservation (logs, IPs) pending law-enforcement request.
DTI (Consumer Protection / E-Commerce)
- For business sellers (even on social media), you may file a consumer complaint (unfair/deceptive acts) for mediation and administrative penalties.
- The Internet Transactions Act of 2023 (ITA) strengthens DTI oversight over online merchants and e-marketplaces (obligations to keep seller information, act on red flags, cooperate with takedowns). Use this when the seller is a business or the platform failed to act on obviously fraudulent activity.

SIM Registration Act (RA 11934) means phone numbers are registered. Only law enforcement (not private complainants) can compel disclosure—another reason to file with NBI/PNP early.

8) Practical, step-by-step playbook

Within 24–48 hours

Stop chatting with the scammer; do not threaten (avoids tipping them off).
Preserve evidence: full-screen screenshots w/ status bar + timestamps; export chats; save listing URLs; record a scrolling video proof; download statements.
Bank/e-wallet recall or card chargeback request; ask for temporary hold on the recipient account if possible.
Report to NBI/PNP (walk-in or online); request case number.
Platform report (marketplace/social) asking to preserve logs.

Within a week 6) Prepare and notarize the Complaint-Affidavit (criminal) and, if you want, a Small Claims filing. 7) Send a calm, factual demand letter (optional in 2(a) deceit cases but useful to prove bad faith and start 6% interest), with a short deadline (e.g., 5–7 days). 8) File with the Prosecutor (or proceed via NBI/PNP first if identity is unknown). 9) Keep comms professional; avoid public posts.

Negotiation & settlement tips

Restitution is good—but payment after the crime does not erase criminal liability. If you accept settlement, use a written release; avoid signing an Affidavit of Desistance unless you’re comfortable with the case potentially being dropped. Ask counsel first.

9) Venue & jurisdiction (where to file)

For estafa, you can file where deceit was committed or where damage was suffered (often your city where you clicked “Send” and funds left your account). For online crimes, prosecutors and courts generally accept victim’s location as proper venue when properly alleged. If you’re unsure, NBI/PNP will point you to the correct Office of the Prosecutor.

10) FAQs & pitfalls

“They promised COD then forced me to prepay ‘for reservation’.” Classic deceit under 315(2)(a).
“They sent a tracking number—fake.” Still deceit if the fake tracking was part of inducing payment.
“They say it’s only delay.” If they never had the goods or used fake identities, it points to intent to defraud. Collect those proofs.
“Do I need a demand letter?” Not required for 315(2)(a) but helpful for civil interest and to show bad faith.
“Can I sue Facebook?” Platforms have moderation obligations (especially under the ITA), but primary liability is on the scammer. Use the platform’s report/freeze channels and DTI complaint if it’s a business seller or the platform ignored clear fraud.
“Will barangay mediation delay me?” Usually not applicable when parties live in different LGUs or the respondent is unknown.
“They paid me back—case closed?” Payment may mitigate but does not automatically extinguish criminal liability for estafa.
“Scammer abroad?” Cybercrime law has limited extraterritorial reach (e.g., when the offense or damage occurs in the Philippines or involves a Filipino). Work with NBI/PNP.

11) Templates you can adapt

A) Demand Letter (short, firm)

[Your Name]
[Address / Email / Mobile]

[Date]

[Seller’s Name/Handle]
[Known Address/Email/Mobile]

RE: DEMAND FOR REFUND – ONLINE TRANSACTION ON [DATE]

I paid you ₱[amount] on [date/time] via [bank/e-wallet/card], Ref No. [xxx], for [item/service] you advertised on [platform/link]. You represented that [state the specific false claims]. You failed to deliver despite follow-ups.

Demand is hereby made for the full refund of ₱[amount] within [5] days from receipt of this letter, plus incidentals. Otherwise, I will pursue criminal action for estafa and a civil case to recover the amount with 6% legal interest, damages, and costs.

Sincerely,
[Signature]
[Name]

B) Complaint-Affidavit (criminal, skeleton)

REPUBLIC OF THE PHILIPPINES )
CITY/PROVINCE OF _________ ) S.S.

COMPLAINT-AFFIDAVIT

I, [Name], Filipino, of legal age, [address], after being duly sworn, depose:

1. I found Respondent [Name/Handle, links] selling [item] on [platform] (Annex A).
2. On [dates], Respondent represented that [specific lies], and sent [fake waybill/screenshots] (Annexes B-C).
3. Relying on these, I paid ₱[amount] via [GCash/Bank/Card], Ref Nos. [___] (Annex D).
4. Respondent failed/refused to deliver/refunded nothing; I suffered damage of ₱[amount].
5. The deceit occurred prior to payment; Respondent never intended to deliver. This constitutes ESTÁFA under Art. 315(2)(a) of the RPC, committed through information and communications technology, thus punishable one degree higher under RA 10175 Sec. 6.
6. I am executing this affidavit to support the filing of criminal charges.

[Signature over printed name]
Affiant

SUBSCRIBED AND SWORN TO before me this [date] at [city], affiant exhibiting [ID].

C) Small Claims – Statement of Claim (key attachments)

Proof of payment; chats; listing; demand letter; ID; computation of claim + 6% p.a. interest (show formula).

12) Red flags (prevention)

“Pay now to reserve” (especially if they refuse escrow/COD).
Too-good-to-be-true pricing; new accounts with stock photos; limited-time pressure.
Outside the app payments (asked to switch to DMs/GCash).
Fake waybills and “rider on the way” with no real tracking.
Name mismatch between seller handle and bank/e-wallet account holder.

Safer flow: use in-platform escrow, enable 2FA, verify seller identity (DTI/SEC/DTI BN certs for businesses), and keep transactions inside the marketplace.

13) What to bring when you go to NBI/PNP/Prosecutor

Government ID; your contact details.
Printed and digital copies of all evidence (organized, labeled).
Draft Complaint-Affidavit on a USB/PDF + printed.
Proof you tried recall/chargeback (ticket numbers).
If you have it: police blotter / DTI complaint reference / platform report IDs.

14) Final tips

Speed matters for fund freezes and recalls.
Build a clean timeline, show deceit before payment, and quantify damage.
Use multiple levers: law enforcement + prosecutor, civil/Small Claims, and financial/platform channels.
Stay professional; avoid public accusations that risk (cyber) libel.

If you want, tell me the facts and screenshots you have (no need to post them publicly), and I can help you draft the Complaint-Affidavit and compute a simple 6% interest on your claim.