Estafa (Swindling) Case, Related Offenses, and an Evidence Checklist You Can Actually Use

Online “seller” scams commonly look like this: a listing appears legitimate, the buyer pays via bank transfer/e-wallet/remittance, and the seller vanishes (or sends junk, an empty parcel, a fake tracking number, or nothing at all). In Philippine law, these schemes most often fall under Estafa (Swindling) under the Revised Penal Code (RPC), and—when committed using online platforms—may also trigger cybercrime-related charges and special rules on electronic evidence.

This article explains (1) how a fake-seller marketplace scam maps to criminal elements, (2) what laws are typically used, (3) what prosecutors/police will look for, and (4) a detailed evidence checklist and documentation plan so your complaint doesn’t collapse for lack of proof.

1) What a “fake seller” scam is in legal terms

A “fake seller” scam usually involves deceit at the start of the transaction—misrepresentations that induce the buyer to part with money. Common variants:

Non-delivery after payment (seller disappears)
Bait-and-switch (cheaper/defective/entirely different item)
Empty box / “parcel scam” (proof-of-delivery used to deny refund)
Bogus tracking number (real tracking number for another buyer, another address)
Payment diversion (seller pushes you off-platform to pay a “relative/manager”)
Impersonation (using a real shop’s photos/reviews, stolen identity, cloned page)

Legally, the core issue is typically fraudulent inducement: the scammer lies to obtain money, causing damage.

2) Primary criminal charge: Estafa under the Revised Penal Code

A. Why Estafa fits most fake-seller scams

The common fit is Estafa through false pretenses or fraudulent acts—the situation where a person defrauds another by deceit, leading the victim to hand over money/property.

In plain terms, prosecutors look for these basic elements:

Deceit/Fraud at the time of transaction The seller makes false claims (identity, possession of item, ability/willingness to deliver, legitimacy of shop, authenticity of item, etc.).
Reliance The buyer believes the claim and pays because of it.
Damage/Prejudice The buyer loses money (or receives worthless/incorrect goods) or otherwise suffers measurable harm.

Key point: For Estafa, it helps to show the scammer was already dishonest at the beginning, not merely a later failure to perform. That’s why evidence of fake identity, repeated patterns, refusal to refund, blocking, contradictory statements, or “too-good-to-be-true” tactics matter.

B. “Breach of contract” vs. Estafa (the usual defense)

Scammers (and sometimes even legitimate sellers) will claim it’s just civil—a delivery delay, supply issue, misunderstanding. Estafa is stronger when there’s proof of intent to defraud (e.g., fake profile, no real inventory, fabricated receipts/tracking, multiple victims, immediate blocking, use of mule accounts, repeated excuses with no real delivery).

A single delayed shipment can look civil. A fabricated shipment and a disappearing seller looks criminal.

C. Penalty overview (practical guidance)

Estafa penalties depend largely on the amount defrauded and the manner of commission under the RPC and later adjustments. As amounts increase, penalties can escalate from lower imprisonment ranges up to substantially higher terms. In practice, the amount paid, number of victims, and pattern of fraud influence charging, bail, and negotiation dynamics.

3) Possible “add-on” charges in online scams

Even if the core case is Estafa, marketplace scams can trigger other charges depending on facts.

A. Cybercrime Prevention Act (RA 10175) – when the scam uses ICT

If the fraud is committed through online systems (social media, marketplace platform, messaging apps, electronic payments), authorities commonly evaluate computer-related fraud and other cybercrime provisions. This can matter for:

investigative tools (preservation requests, data requests)
framing the conduct as cyber-enabled
coordination with cybercrime units (PNP ACG / NBI)

B. Identity-related offenses / falsification

If the scammer uses:

someone else’s name/photos/IDs
fake IDs, fake business permits
forged shipping documents, fabricated receipts, edited screenshots

…then falsification or identity-related offenses may be considered (fact-specific). These can strengthen the narrative that deceit existed from the beginning.

C. E-Commerce Act (RA 8792) and electronic evidence

RA 8792 supports recognition of electronic data messages and e-documents in commerce, and it complements how electronic proof is treated. It’s not always the “charge,” but it supports the legitimacy of electronic transactions and records.

4) Where and how to file in the Philippines

A. Usual pathways

Law enforcement report (for investigation and assistance):
- PNP Anti-Cybercrime Group (ACG) or local PNP cybercrime desk
- NBI Cybercrime Division (or equivalent cybercrime units)
Criminal complaint (to start the case formally):
- File a Complaint-Affidavit with the Office of the City/Provincial Prosecutor (where venue is proper)

Often, victims do both: report to a cybercrime unit for investigative help and file at the prosecutor for the formal case.

B. Venue (where to file)

Venue questions in online scams can be tricky because communications happen in different places. In practice, victims often file where:

the victim resides and suffered damage, or
the payment was sent/received, or
any material element of the offense occurred

Expect the prosecutor’s office to evaluate venue based on your affidavit’s facts (where you were when deceived, where you sent payment, where loss was felt, etc.).

C. Barangay conciliation (Katarungang Pambarangay) – usually not required

Many Estafa cases are not routed through barangay conciliation due to statutory exceptions (including offenses with penalties beyond certain thresholds and the nature of criminal complaints). In practice, prosecutor filing is the main route.

5) What prosecutors and investigators want to see

To move from “story” to “probable cause,” the case must show:

Identity trail: who you dealt with (account names, phone numbers, payment accounts, delivery details)
Misrepresentation: what was promised and why it was false
Payment and loss: proof you paid; proof of non-delivery/wrong delivery; refusal to refund
Continuity and intent: blocking, repeated excuses, other victims, inconsistent statements, use of mule accounts
Integrity of evidence: clear, authentic, dated records; not “edited-looking” screenshots

6) Evidence Checklist (Fake Seller / Marketplace Estafa)

A. Marketplace listing and seller identity

Screenshot of the listing (photos, description, price, location, shipping terms)
Screenshot of the seller profile page (username, profile URL, ratings, creation date if visible)
Any shop name, page name, “about” details
Any posted proofs the seller sent (IDs, permits, invoices) — even if fake
Seller’s phone number(s), email(s), social media handles
Any “alternate account” they push you to message/pay

Tip: Capture the URL and the date/time if your device shows it. A screen recording scrolling through the listing/profile can be persuasive.

B. Conversation / negotiation records (very important)

Full chat thread from first contact to last message Include:
- price agreement
- promised delivery date/method
- claims like “on-hand,” “legit,” “ready to ship,” “last stock,” etc.
- refusal to refund
- threats or coercion (if any)
If calls happened: call logs, recordings (if you have them), and summaries
If the seller deleted messages: screenshots showing “message deleted” indicators (still useful)

Best practice: Export chats if the platform allows. If not, use a screen recording that scrolls slowly, showing names, timestamps, and continuity.

C. Payment proof (the backbone of damage)

Depending on how you paid, collect:

Bank transfer:

transaction receipt/screenshot
reference number
date/time
sender and recipient details
bank name, account number (as shown), account name
any SMS/email confirmation from the bank

E-wallet:

in-app transaction record
reference/trace number
recipient wallet number/name
screenshots of transaction history page

Remittance / cash-out:

remittance slip, claim stub
outlet details
claim reference and dates

If you paid multiple times: Document each transfer separately in a table (date, amount, method, reference no., recipient).

D. Delivery and shipping evidence (or proof of non-delivery)

If seller provided tracking:
- screenshot of tracking number and courier
- screenshot of tracking page results (including dates)
If there was “delivered” status:
- proof it wasn’t delivered to you (address mismatch, signature mismatch, delivery photo not your location, etc.)
- your own location evidence if relevant (e.g., you were elsewhere)
Messages where seller refuses to provide valid tracking or keeps changing tracking numbers
If you received an item:
- unboxing video (preferably continuous, showing parcel label clearly)
- photos of parcel: all sides, shipping label, waybill
- photos of contents and defects
- weight discrepancy evidence if available

Tip: For parcel scams, keep the packaging and waybill intact. The waybill often links to the shipper account and origin details.

E. Platform reports and responses

Screenshot of your report to the platform
Platform’s response, ticket numbers, and timelines
Any account takedown notice (if it happens)
If the platform provides “transaction details” or order summaries, capture them

F. Other-victim corroboration (powerful if available)

Links/screenshots of other complaints about the same seller
Messages from other victims (with their consent)
A short affidavit from another victim (if they’re willing)

Even without formal coordination, evidence showing multiple victims supports fraudulent intent.

G. Demand/refund communications

Messages where you demanded refund
Seller’s refusal, blocking, or “conditions”
Any partial refund promises and failures

A formal demand letter is not always required for Estafa, but written demands and refusals strengthen the narrative that the loss is real and unresolved.

H. Evidence integrity and authenticity (so it survives scrutiny)

Keep original files:
- original screenshots (not re-sent through apps that compress)
- original screen recordings
Keep devices used for the chats (or at least preserve the data)
Avoid editing images; if you must redact personal info for sharing, keep an unredacted original for authorities
Organize evidence with filenames like: 01-Listing.png, 02-Profile.png, 03-ChatPart1.mp4, 04-PaymentReceipt1.png, etc.

7) Documentation Pack: How to assemble your complaint like a case file

A. Core documents

Complaint-Affidavit (your sworn narrative)
Annexes (evidence attachments labeled Annex “A,” “B,” “C,” etc.)
Proof of identity (your valid ID)
Proof of loss (payment records, receipts)
Index of Annexes (one-page list of all attachments)

B. What a strong Complaint-Affidavit contains

Your personal details and capacity as complainant
When and where you saw the listing
Exact representations made by the seller (quote or paraphrase)
Why you believed them (ratings, “on-hand” claim, photos, urgency tactics)
When and how you paid (include references)
What happened after payment (non-delivery / wrong delivery / excuses)
Your demand for delivery/refund and seller’s reaction (refusal/blocking)
Total amount lost and other damages (fees, shipping, time off work—be factual)
A clear request that charges be filed for Estafa and any other applicable offenses based on evidence

Prosecutor-friendly style: chronological, specific dates/times, minimal emotion, maximum verifiable detail.

8) Practical immediate steps (to preserve funds and evidence)

Stop further payments (including “release fees,” “insurance,” “customs,” “verification”)
Preserve evidence immediately
- screenshot + screen record
- save receipts
Report to the payment provider
- request hold/trace if possible
- ask what documents they need for a dispute or investigation
Report to the marketplace platform
- attach key proofs
File a law enforcement report
- bring printed annexes + digital copies
Prepare and file the prosecutor complaint
- organized annexes make this far smoother

9) Common pitfalls that weaken Estafa complaints

No proof of payment (or unclear recipient details)
Screenshots with no context (cropped too tightly; missing timestamps/names)
A narrative that reads like mere delay (no proof of deceit or fraudulent intent)
Evidence scattered across devices and apps with no organization
Victim continues paying after obvious red flags, which can complicate the “reliance” story (not fatal, but expect questions)

10) Red flags investigators recognize immediately (and you should document)

Seller refuses platform checkout, insists on off-platform payment
“Reserved only if you pay now,” “last stock,” “promo ends today”
Seller won’t do video call, won’t provide real-time proof of item
ID provided is inconsistent (name doesn’t match payment account)
Courier details are vague or constantly changing
Seller blocks you after payment or after you ask for refund/tracking
Seller uses multiple accounts or rotates phone numbers

These aren’t just “buyer beware” issues—they help establish the deceit element.

11) What outcomes to expect (realistically)

Criminal track (Estafa): aims at accountability (and can include restitution), but timelines depend on docket load, subpoena responses, and identification of the respondent.
Recovery: possible but not guaranteed; scammers often use mule accounts and rapid cash-out. Faster reporting improves chances.
Multiple victims: cases become stronger when patterns are documented, but coordination can be logistically hard.

12) Quick Evidence Checklist (printable)

Identity & Listing

Listing screenshots + URL
Seller profile screenshots + URL
Any IDs/permits seller sent
Phone numbers / emails / usernames

Communications

Full chat thread screenshots or screen recording
Call logs / recordings (if any)
Deleted-message indicators

Payment

Bank/e-wallet/remittance receipts
Reference/trace numbers
Recipient account details shown in receipts
Total amount computation

Delivery

Tracking number screenshots
Tracking results screenshots
Waybill photos (if any)
Unboxing video + photos (if item received)

Platform & Follow-up

Report ticket numbers and platform replies
Refund demand messages and seller refusal/blocking
Any evidence of other victims (optional but strong)

Organization

Index of annexes
Chronological timeline (date/time/event)
Digital folder with originals (no edits)