Online Scam Complaint Procedures in the Philippines
A comprehensive legal-practice guide
1. Overview
The Philippines recognizes online fraud as both an economic threat and a cyber-crime. Victims have criminal, civil, administrative, and regulatory avenues, all of which can proceed in parallel. This article synthesizes the relevant statutes, rules, agency circulars, standard forms, and practical experience of Philippine practitioners as of 29 April 2025.
2. Governing Laws & Rules
| Law / Issuance | Key Sections | Conduct Covered | Maximum Penalty* |
|---|---|---|---|
| Republic Act (RA) 10175 – Cybercrime Prevention Act of 2012 | §§4(a)(1)–(2), 6, 7 | Computer-related fraud, phishing, identity theft | 12 yrs. &/or ₱1 M fine; penalties one degree higher than comparable offline crime |
| Revised Penal Code (RPC) Art. 315 | “Swindling/Estafa” via deceit, incl. online | Fraud causing damage | Up to 20 yrs. (“reclusion temporal”) + restitution |
| RA 8792 – e-Commerce Act | §§33–34 | Hacking, data interference, electronic signatures | 3–6 yrs.; ₱100 k–₱1 M |
| RA 11765 – Financial Products and Services Consumer Protection Act | §§10–12 | Mis-selling, unfair digital practices | Fines up to ₱2 M per transaction; disgorgement |
| BSP Cir. 1098/1160 | Charge-back & dispute timelines for e-wallets, cards | 15–45 days provisional credit | Administrative |
| SEC Memo No. 9-2023 | Online investment solicitation | Revocation + ₱5 M fine | |
| RA 10143 – ADR Act & 2023 DICT ODR Rules | Online mediation/arbitration | Enforceable settlements | — |
*Penalties may be increased where the offender is a syndicate (≥3), the amount exceeds ₱10 M, or the victim is a senior citizen/minor (see RA 11576).
3. Where to File – Forums & Jurisdiction
| Forum | Primary Mandate | Typical Threshold / Use Case | Venue Rule |
|---|---|---|---|
| NBI-Cybercrime Division (CCD) | Complex, syndicated or nationwide scams; digital forensics | Any amount, esp. cross-platform | Where any element took place or where complainant resides |
| PNP Anti-Cybercrime Group (ACG) | Rapid response; entrapment ops | Ongoing/real-time fraud | Same as NBI |
| City / Provincial Prosecution Office | Preliminary investigation; issuance of subpoena, warrant | After obtaining sworn complaint | Rule 112, Rules of Crim. Proc. |
| Regular Trial Court (RTC) Cybercrime court | Hears cyber-crime info | Designated in every judicial region (A.M. No. 03-05-01-SC) | |
| BSP Consumer Assistance Mechanism (CAM) | Disputes v. banks, e-money issuers | Unresolved ≤15 days | Online portal / email |
| DTI Fair Trade Enforcement | Non-delivery/defective goods (consumer) | Amount ≤₱5 M | DTI regional office |
| SEC EIPD | Unregistered investment, crypto ponzi | Any amount | Complaint w/ affidavits |
| Small Claims Court | Purely civil recovery ≤₱400 k | Damages/restitution | Rule SC 2022-win updates |
| Online Dispute Resolution (ODR) | Voluntary mediation | Any amount | DICT-approved platform |
4. Core Procedure (Criminal Track)
Evidence Preservation (immediately)
- Take full-screen recordings (with URL bar), download chat logs (HTML or PDF), copy transaction reference IDs, and secure the device.
- Use hashing (SHA-256) to prove file integrity; notarize a print-out list of hash values.
Execute a Sworn Affidavit of Complaint
- Include: personal details, narration of facts in chronological order, screenshots labeled as annexes, estimated loss, and express prayer for prosecution under RA 10175 and Art. 315 RPC.
- Notarize or execute before the investigating office for ex-officio verification (Rule 110, §5 RPC).
File with NBI-CCD or PNP-ACG
- Bring two sets of the affidavit + ID. The officer-on-duty will stamp-receive and issue an NBI Reference No.
- Digital Forensics Unit may create a Forensic Imaged Drive; the chain-of-custody form is Annex “A” to DILG Memo 2023-088.
Subpoena / Preservation Letter to Service Providers
- Under §14 RA 10175, law enforcement may demand traffic data within 72 hrs; expedited by DOJ’s Cyber-Subpoena Portal.
Preliminary Investigation
- Prosecutor subpoenas respondent(s) within 10 days (Rule 112, §3).
- Parties file counter-affidavits; resolution within 90 days. If probable cause is found, an Information is filed in the RTC.
Arrest, Arraignment & Trial
- Warrants may issue upon filing or earlier via in flagrante entrapment.
- Cyber-crime courts use e-evidence rules (A.M. No. 01-07-01-SC). Authentication is via original hash + witness testimony.
Judgment & Restitution
- Upon conviction, restitution is mandatory (Art. 100 RPC).
- Garnishment may target digital wallets (Freeze Order under RA 9160, §10, at AMLC instance).
5. Civil Remedies & Asset Recovery
- Small Claims (Rule SC, Rev. 2022) – No lawyer required; decision in 30 days.
- Ordinary Civil Action (Rule 2) – For damages > ₱400 k or involving moral/exemplary damages.
- Provisional Relief – Attachment of bank/e-wallet accounts if fraud is prima facie (Rule 57).
- Charge-back – BSP Cir. 1160: file within 15 calendar days of statement; issuer must grant provisional credit in 10 days, final in 45.
- AMLC Petition to Freeze – Ex parte before CA (RA 9160, §10); usually coordinated by NBI/PNP when amount ≥ ₱500 k.
6. Administrative & Regulatory Tracks
| Agency | Typical Online Scam | Relief |
|---|---|---|
| DTI | Non-delivery, fake e-commerce storefronts | Cease-and-desist, ₱300 k per act |
| SEC | Pyramid, unregistered crypto/forex offers | Show-cause, revocation, fines, disgorgement |
| BSP | Unauthorized debits, phishing of bank creds | Administrative fines vs. bank; restitution |
| NTC | SIM-swap, text scams | Number de-activation; penalty vs. telco |
| DICT-CICC | Large-scale data breaches enabling fraud | Investigation, CERT-PH alerts |
7. Cross-Border or Unknown Perpetrator
- MLAT & Budapest Convention – PH acceded 28 Feb 2018; OOC channels mutual legal assistance.
- Interpol Purple & Red Notices – NBI may issue if foreign syndicates identified.
- Redress via Platform – Meta/Instagram, Binance, etc. have “Law Enforcement Portals” accepting Philippine subpoenas (turn-around 2–4 weeks).
- Civil Action in rem – If assets traceable (cryptocurrency wallet), file asset forfeiture (Rule TRO AMLC 2021-01).
8. Data Privacy Considerations
- Victim’s disclosure of personal data to LEAs is exempt (Data Privacy Act, §4(c)(4)).
- Processing of offender’s data must observe proportionality; public posting of scammer info may create DPA liability (NPC Advisory 2022-01).
9. Defenses & Pitfalls
- Jurisdictional challenge – Offender may argue act performed abroad; rebut with §21 RA 10175 (acts with local effect).
- Admissibility of digital evidence – Lack of original hardware or improper hash procedure may lead to exclusion.
- Compromise – Estafa can be extinguished if full restitution before trial, but cybercrime component under RA 10175 remains imprescriptible for 12 yrs.
10. Practical Timeline (average, city setting)
| Stage | Working Days Elapsed | Cumulative |
|---|---|---|
| Evidence collection & affidavit | 3 | 3 |
| Filing & docketing (NBI) | 2 | 5 |
| Subpoena to ISP/platform | 30 | 35 |
| Prosecutor resolution | 60–90 | 95–125 |
| Information filed & warrant | 15 | 110–140 |
| Trial & judgment | 365–730 | 1.5–2.5 yrs. |
| Asset recovery (post-conviction) | 90 | +3 mos. |
11. Template Affidavit Headings
- Affiant’s Personal Circumstances
- Jurisdictional Allegations (where device accessed, bank located)
- Detailed Narrative (numbered paragraphs)
- Loss & Damages (with computation)
- Prayer (for estafa & cybercrime prosecution, freezing of assets)
- Verification & Certification against Forum Shopping
12. Preventive & Post-incident Tips
- Enable 2-factor authentication on e-wallets/banks.
- Check SEC/DTI/BNB advisories before investing/purchasing.
- Use escrow arrangements (CTPRC-accredited) for high-value online sales.
- Retain at least 6 months of chat/email logs – platforms like Shopee/Lazada auto-purge after 90 days.
- Immediately report SIM-swap to telco within 24 hrs (NTC M.O. 10-2024 now caps liability to ₱2 k if promptly reported).
13. Conclusion
Philippine law offers a multi-layered arsenal — criminal, civil, administrative, and financial-regulatory — to combat online scams. Success hinges on speedy evidence preservation, proper forum selection, and coordinated action with specialized cyber units. While prosecution may be protracted, interim remedies such as charge-backs, AMLC freeze orders, and small-claims recovery can quickly mitigate losses. Victims are well-advised to work with counsel knowledgeable in both cyber-crime procedure and e-evidence rules to navigate the overlapping regimes and secure meaningful relief.
This article is for informational purposes and does not constitute legal advice. For case-specific guidance, consult a Philippine lawyer or the Integrated Bar of the Philippines (IBP) referral system.