How to File an Online Scam Complaint in the Philippines
A comprehensive legal and practical guide (updated June 2025)
1. Why this matters
Online scams surged during and after the pandemic, with the Bangko Sentral ng Pilipinas (BSP) reporting billions of pesos in unauthorized digital transfers each year. Victims often feel powerless, yet an enforceable procedure exists—rooted in Philippine law, Supreme Court rules, and agency circulars—that can help you recover funds and hold offenders criminally liable.
2. Core legal framework
| Law / Issuance | Key Coverage for Online Scams | Notable Points |
|---|---|---|
| Republic Act (RA) 8792 – E-Commerce Act (2000) | Recognizes the validity of electronic data messages & signatures | Establishes admissibility standards for screenshots, emails, chat logs |
| RA 10175 – Cybercrime Prevention Act (2012) | “Computer-related fraud,” “identity theft,” “phishing,” etc. | Penalty is one degree higher than the equivalent crime under the Revised Penal Code (RPC) |
| RPC Art. 315 – Estafa/Swindling | Fraud through deceit (including online) | Penalties scale with the amount defrauded |
| RA 8484 – Access Devices Regulation Act (ADRA) | Unauthorized use of debit/credit cards, OTP interception, SIM-swap | 6–12 years imprisonment + fines up to ₱ 1 million |
| RA 11765 – Financial Products and Services Consumer Protection Act (2022) | Administrative remedies, restitution, disgorgement | Empowers BSP and SEC to impose hefty fines & direct reimbursement |
| BSP Circulars 857, 1153, 1160, etc. | Anti-fraud, “cool-off” periods, mandatory consumer redress | E-wallets must credit back within 7 days if negligence proven |
| Supreme Court Rules on Electronic Evidence (A.M. No. 01-7-01-SC) | Authentication & chain-of-custody for digital exhibits | Provide BOTH printed and soft copies plus a certification |
| Budapest Convention on Cybercrime (Treaty acceded 2018, in force 2021) | Cross-border evidence preservation & extradition | Used by NBI to request data from foreign platforms |
Tip: If an investment offering promises 30 % monthly returns, SEC’s Revised Securities Regulation Code Rule 26.3 and Advisory system let you freeze assets pre-trial.
3. Agencies & their roles
| Agency | When to Go There | Contact & Filing Modes |
|---|---|---|
| PNP Anti-Cybercrime Group (ACG) | Scam just occurred, suspect is in PH, immediate retrieval of IP/SIM | Hotlines 0998-598-8116 / (02) 8414-1560; walk-in or i-Report portal |
| NBI Cybercrime Division (CCD) | Complex schemes, cross-border, need subpoena on tech firms | Online e-complaint system → schedule; or main office Taft Ave. |
| DOJ Office of Cybercrime (OOC) | Mutual legal assistance, online sex-related scams | Complaint & request for preservation order |
| DICT Cybercrime Investigation Coordinating Center (CICC) | Technical forensics, digital chain-of-custody | “Hotline 1326” & website |
| BSP Consumer Assistance Mechanism (CAM) | Unauthorized e-wallet / bank transfers | CAM Form via consumeraffairs@bsp.gov.ph; 15-day mediation |
| Securities and Exchange Commission (SEC) | Crypto/investment ponzi, lending apps | epcomplaints@sec.gov.ph + SEC Capital Markets Integrity Corp. |
| National Privacy Commission (NPC) | Phishing through personal-data leak | complaints@privacy.gov.ph; NPC Mediation Rules |
| DTI Fair Trade Enforcement Bureau (FTEB) | Misrepresentation by online sellers (non-delivery) | E-complaint portal efile.dti.gov.ph |
4. Jurisdiction, venue & prescription
Cybercrime Courts Supreme Court A.O. No. 13-2014 designates at least one Regional Trial Court (RTC) per province/city as a Special Cybercrime Court.
Venue flexibility Under §21, RA 10175, a case can be filed where:
- The complainant resides; or
- Any element of the offense was committed; or
- Data/equipment is found.
Prescription
- Estafa ≤ ₱1.2 M: 15 years
- Estafa > ₱1.2 M: 20 years
- ADRA offenses: 12 years (Clock stops upon filing with NBI/PNP—a crucial tactical advantage.)
5. Gathering admissible evidence
| Evidence Type | How to Capture Properly | Why It Matters |
|---|---|---|
| Screenshots / screen-recordings | Include full URL bars, timestamps; use device’s native tools | Authenticity—Rule 9, Sec. 1 of Electronic Evidence Rules |
| E-wallet / bank statements | Request PDF copies → notarize as “true printout” | Establish money trail |
| Chat logs / emails | Export .zip or .eml; note Message-ID | Shows deceitful representation |
| Device & network logs | IMEI, SIM ICCID, IP address from router logs | Links scammer to transaction |
| Affidavit of Complaint | Sworn before prosecutor/PAO; annex all exhibits | Foundation for criminal action |
| Chain-of-custody form | Signed by investigator & complainant | Prevents suppression at trial |
6. Step-by-step complaint procedure
Scenario: You paid ₱ 25,000 for a “rare sneakers” deal on Facebook Marketplace; seller disappeared.
Secure your devices & evidence (Day 0)
- Screenshot chats, payment receipts.
- Backup to two storage media; hash (SHA-256) if possible.
Initial police blotter (Day 0-1)
- Proceed to nearest precinct or PNP-ACG satellite office.
- Obtain Incident Record Form (IRF)—free.
Draft & execute Affidavit-Complaint (Day 1-3)
- Attach Annex “A” (screenshots), “B” (GCash receipt), etc.
- Notarize or swear before assistant city prosecutor (ACP).
File with investigative agency (Day 1-7)
- Option A: NBI Online Cybercrime Complaint Portal → upload PDF; receive QR tracking code.
- Option B: PNP-ACG “i-Report” → verify OTP; schedule in-person interview.
Forensic preservation & tracing (Week 2-4)
- Agency issues Subpoena Duces Tecum to Facebook/Meta or fintech provider under the Cybercrime Law.
- Freeze suspect’s e-wallet via BSP-CAM ex parte order (if filed within 24 h of loss).
Prosecutor’s preliminary investigation (Month 1-3)
- Parties submit counter-affidavits; clarificatory hearing.
- Resolution → Information filed with Cybercrime RTC if probable cause.
Issuance of warrant & arrest (Month 3-6)
- Court may allow remote warrant application under A.M. No. 21-06-08-SC (2021 Rules on Warrant).
Trial & judgment (Varies)
- Cybercrime trial uses Judicial Affidavit Rule to streamline testimony.
- Conviction may award restitution + moral damages (Art. 104, RPC).
7. Civil, administrative, and fast-track remedies
| Remedy | What It Covers | How to Avail | Average Resolution | |---|---|---| | BSP Mediation / Arbitration (RA 11765) | Unauthorized transfers via banks/e-wallets | File CAM Form within 15 days of bank’s denial; no fee | 30-60 days | | DTI Consumer Arbitration | Non-delivery, defective items, deceptive ads | File online; mediation then adjudication | 15-45 days | | SEC Cease & Desist + Restitution | Investment scams, crypto Ponzi | Investor Protection and Surveillance Department | 3-6 months | | Small Claims Court (A.M. 08-8-7-SC) | ≤ ₱ 400,000 losses | No lawyer required; e-evidence allowed | 30-day judgment |
Strategy: Run civil & criminal tracks in parallel; a guilty plea in criminal court is conclusive evidence of fraud in a civil suit.
8. Cross-border & platform cooperation
- MLAT/Budapest requests – DOJ OOC coordinates with foreign law-enforcement for data logs beyond 90 days.
- Trusted Flaggers – NBI is a “Trusted Flagging Authority” with Meta & X, enabling 24-h takedown and data preservation.
- Crypto tracing – Chain-analysis partnership lets CICC deanonymize mixers; Anti-Money Laundering Council (AMLC) can issue freeze orders on Philippine-registered Virtual Asset Service Providers (VASPs).
9. Penalties snapshot
| Offense | Imprisonment | Fine | Ancillary | |---|---|---| | Computer-related Fraud (RA 10175) | Prisión mayor (6 yr 1 d – 12 yr), one degree higher than RPC Art. 315 | Same amounts defrauded ×2 | Forfeiture of devices | | ADRA 8484 §9(d) | 6 yr 1 d – 12 yr | Up to ₱ 1 M + restitution | Revocation of access-device privileges | | Identity Theft (§4(b)(3)) | 6 yr 1 d – 12 yr | At court’s discretion | Deportation if alien | | Estafa > ₱ 2.4 M (Art. 315 1st) | Prisión mayor max – reclusión temporal (12 yr 1 d – 20 yr) | Amount defrauded × triple | Subsidiary imprisonment if insolvent |
10. Practical tips & common pitfalls
| Do | Don’t |
|---|---|
| Preserve evidence before confrontations | Edit or crop screenshots—may cause exclusion |
| File within 24 h to maximize freeze odds | Send “settlement money” to the scammer |
Hash digital files (e.g., shasum -a 256) |
Submit USB without sealed evidence bag |
| Follow up every 15 days; get Certificate of Action Taken | Assume agencies will notify you automatically |
| Consult a lawyer or Public Attorney’s Office early | Rely solely on social-media “scam buster” groups |
11. FAQs
Is filing a complaint free?
- Yes, PNP & NBI filing is free. Notarial fees (~₱ 200) and document printing are your main costs.
Do I need a lawyer?
- Not to file, but legal representation helps during preliminary investigation and trial.
Can minors file?
- A parent or guardian may represent them; offenses vs. minors often invoke RA 11930 (Anti-OSAEC) which fast-tracks prosecution.
What if the scammer is overseas?
- Still file locally; the court can issue a Hold Departure Order for co-conspirators in PH and rely on MLAT for extradition.
How long will it take to get my money back?
- Through BSP mediation: as fast as 30 days if the bank/e-money issuer is at fault. Criminal restitution follows final judgment—often years.
12. Conclusion & key takeaways
- Time is evidence. The sooner you report, the higher the chance investigators can freeze assets or trace IP logs.
- Use the right channel. NBI for complex or cross-border fraud; PNP-ACG for on-the-ground arrests; BSP/DTI/SEC for quick restitution.
- Build a bullet-proof record. Admissible electronic evidence and a well-structured affidavit often decide whether a case prospers.
- Parallel remedies multiply pressure. Combining administrative actions with criminal prosecution deters settlement delay.
- Stay informed. New fintech fraud circulars (e.g., BSP Circular 1171 on QR-Ph theft, 2024) frequently tighten consumer leverage—check agency websites regularly.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For case-specific guidance, consult a Philippine lawyer or the Public Attorney’s Office.