Online Scam Complaint Submission in the Philippines
Comprehensive legal guide (updated to June 2025)
1. Why this matters
Filipinos transact online more than ever—₱1.2 trillion in e-commerce spending and 90 million e-wallet accounts as of 2024. With that growth came an explosion of phishing, fake stores, investment ponzi schemes, “love scams,” and unauthorized fund transfers. Victims need quick, effective ways to hold scammers accountable and to recover their money.
2. Legal foundations
| Type | Key Authority | Core Statutes / Rules | What they cover |
|---|---|---|---|
| Criminal | Department of Justice (DOJ) through prosecutors; special law-enforcement arms | • Cybercrime Prevention Act – RA 10175 (computer-related fraud, phishing, identity theft) • E-Commerce Act – RA 8792 (online estafa & electronic evidence) • Access Devices Regulation Act – RA 8484 (credit-/debit-card fraud, e-wallet cloning) • Revised Penal Code Art. 315 (estafa) & Art. 318 (other deceits) • SIM Registration Act – RA 11934 (traceability of scam SIMs) • A.M. No. 17-11-03-SC (Rules on Cybercrime Warrants) |
Jail terms up to 20 yrs + ₱500k–₱5 M fines, asset forfeiture |
| Administrative / Consumer | DTI, SEC, BSP, NPC, IC, NTC | • Consumer Act – RA 7394 (DTI jurisdiction over deceptive online sales) • Financial Products & Services Consumer Protection Act – RA 11765 (BSP/SEC/IC consumer redress & reimbursement rules) • Securities Regulation Code – RA 8799 (investment scams) • Data Privacy Act – RA 10173 (SMS/email data breaches) |
Refunds, cease-and-desist orders, license revocation, SIM blocking |
| Civil | Trial Courts / Small Claims | • Civil Code Arts. 19–21, 2176 (damages for torts) • A.M. No. 08-8-7-SC (Small Claims Rules—claims ≤ ₱ 400,000) |
Money judgment, injunction, asset freeze |
| Evidence | Courts & investigators | • Rules on Electronic Evidence – A.M. 01-7-01-SC (screenshots admissibility) • Chain-of-custody standards in DO-J/PNP/NBI manuals |
Allows screenshots, emails, metadata, blockchain records |
3. Where to file your complaint
| Scenario | Primary venue | Online / walk-in options |
|---|---|---|
| Criminal (identify & arrest scammer) | PNP Anti-Cybercrime Group (ACG) or NBI Cybercrime Division (CCD) >> Office of the City/Provincial Prosecutor | • PNP-ACG “E-Complaint” portal & Facebook page • NBI CCD email/Hotline • Walk-in at Camp Crame / NBI Taft |
| Investment or lending scam | SEC Enforcement & Investor Protection Dept. (EIPD) | • sec.gov.ph complaint form • text 0926-708-77XX |
| Online shopping fraud (faulty goods, non-delivery) | DTI Fair-Trade Enforcement Bureau (FTEB) | • e-Consumers Complaint System (e-CCS) at dti.gov.ph • DTI Regional Offices |
| Bank/e-wallet unauthorized transfer | BSP Consumer Assistance Management System (CMS) | • cms.bsp.gov.ph |
| Data-privacy leak or phishing via stolen database | National Privacy Commission (NPC) | • complaints@privacy.gov.ph |
| Insurance/Pre-need | Insurance Commission (IC) | • claims@insurance.gov.ph |
| Phone-based scam / SIM blocking | NTC & telco | • NTC’s One-Stop Public Assistance Center |
Tip: filing with two agencies (e.g., PNP ACG and BSP) often speeds up fund recovery because banks respond faster when law-enforcement and regulator both inquire.
4. Step-by-step criminal complaint flow
Secure evidence immediately Screenshots of chats, order pages, emails, caller IDs; e-wallet transaction receipts; bank SMS; Whois records; screen-captured videos of the fraud in action.
Draft an Affidavit of Complaint
- Narrate the scam chronologically.
- Attach all evidence; label Annex “A”, “B”…
- Have it notarized (or subscribe before the prosecutor).
Submit to PNP-ACG or NBI-CCD
- Bring two printed sets + flash-drive with digital originals.
- Officers issue an Initial Investigation Report and Blotter Number.
Filing for inquest or regular preliminary investigation
- Inquest if suspect is arrested within 36 hours.
- Regular if at large—prosecutor issues Subpoena to respondent.
Cybercrime Warrants
Prosecutor applies to Cybercrime Court (designated RTC) for:
- Warrant to Disclose (subscriber info)
- Warrant to Intercept (communications)
- Warrant to Seize (devices/e-wallet)
Resolution & Information
- If probable cause found, prosecutor files Information in RTC; warrants of arrest issued.
Trial & Judgment
- Online hearings allowed under OCA Circular 335-2022.
- Restitution, forfeiture, exemplary damages may be awarded.
Average timeline (no arrest): 3–6 months for investigation, 1–3 years for trial. Mediation via DOJ/OSCAM may shorten civil aspects.
5. Administrative & consumer redress pathways
5.1 DTI e-commerce complaints
- File via e-CCS; upload IDs, proof of purchase, chat logs.
- DTI sends a Notice to Explain to seller/platform (5 days).
- Mediation session (online MS Teams) within 10 days.
- If unresolved, DTI issues an Adjudication Decision → fine up to ₱300,000 + product recall.
5.2 BSP CMS
- Covers banks, e-money issuers, VASPs.
- BSP Circular 1160 (2023) requires reimbursement within 15 BD if customer “not grossly negligent.”
- BSP can impose fines, order system fixes, or endorse to AMLC for asset freeze.
5.3 SEC EIPD
- Sends a Cease-and-Desist Order (CDO) within 48 hours for urgent ponzi alerts.
- Publishes Investor Alerts; blocks website/domains through NTC & DICT.
5.4 NPC breach/identity-theft complaint
- NPC may order compensation, data-deletion, or a public apology; fines up to ₱5 M under RA 10173.
6. Civil remedies for victims
| Track | Where | Key points |
|---|---|---|
| Small Claims (≤ ₱400k) | Metropolitan/ Municipal Trial Court | No lawyer required; decision in 30 days; judgment enforceable like any RTC decision. |
| Regular civil action | RTC (money damages > ₱400k) | File Verified Complaint + Certificate Against Forum Shopping; may pray for Preliminary Attachment to freeze scammer’s assets. |
| Independent civil action under Art. 33 | Victim may sue for fraud separately even if criminal case ongoing. |
7. Evidence rules & best practices
- Authenticity: keep original file hash (e.g., SHA-256) in a text file; note date-time captured.
- Print-out admissibility: Rule 4, Sec. 1 of the Rules on Electronic Evidence allows printouts if accompanied by a sworn certification of the person who generated them.
- Chain of Custody Form (PNP AC-CCF-01): required when surrendering phones/laptops.
- Subpoena duces tecum to banks / telcos yields certified logs.
8. Penalties snapshot
| Offense | Imprisonment | Fine |
|---|---|---|
| Computer-related fraud (RA 10175 §6) | 6 yrs 1 day – 12 yrs | ₱200,000 – ₱1 M per act |
| Access Device fraud ≥ ₱50k (RA 8484) | 12 yrs 1 day – 20 yrs | twice value obtained + ₱10k |
| Investment solicitation without SEC license (SRC §8.8) | 7 yrs – 21 yrs | ₱50k – ₱5 M |
| Identity theft (RA 10175 §4) | 6 yrs 1 day – 12 yrs | ₱200k – ₱500k |
Civil damages may triple the amount lost (actual + moral + exemplary).
9. Recent policy updates (2023-2025)
- BSP Circular 1182 (Jan 2025) — tighter e-wallet refund windows (7 BD for straightforward unauthorized debits).
- DICT-NTC-PNP Joint Memo 01-2024 — expedited SIM blocking for numbers reported by LE within 24 hours.
- OCTA vs. Tan (CA-GR CR-00001, Feb 2024) — first appellate ruling recognizing blockchain transaction hash as sufficient probable cause for cyber-fraud warrant.
- DTI DAO 24-02 (May 2025) — mandatory escrow for high-risk sellers on local marketplaces.
10. Practical checklist for complainants
| ✔︎ | Action |
|---|---|
| 🔒 Enable 2FA & freeze the affected account/cards immediately. | |
| 📸 Capture everything – chat thread including timestamps, URLs showing “https://”, and full SMS headers. | |
| 📝 Draft Affidavit of Complaint the same day; memory fades quickly. | |
| 💳 Write to bank/e-wallet within 15 calendar days; attach police blotter to trigger Reg. 11765 reimbursement protection. | |
| 📨 File with both law-enforcement and the sector regulator. | |
| 🗄️ Keep a secure copy of evidence on cloud + external drive; never hand over originals without a receipt. | |
| ⏱️ Diary all follow-up dates; regulators have statutory deadlines you can invoke. |
11. Common pitfalls
- Wrong venue – filing an online shopping case with NBI alone delays refunds; DTI has faster consumer powers.
- Unnotarized evidence list – prosecutors often dismiss for “formal defects.”
- Deleting chat after screenshot – authenticity questioned later.
- Accepting “partial refunds” – may be construed as amicable settlement, weakening criminal case.
12. Template: Affidavit of Complaint (excerpt)
I, Maria L. Cruz, Filipino, of legal age, after having been duly sworn, depose and state:
- On 14 May 2025, I saw an advertisement for an iPhone 15 Pro on Facebook page “TechGadgetsPH”.
- I chatted with account FB-UID 63801, who instructed me to transfer ₱49,000 to GCash number 0917-123-4567 under the name “Juan Dela Cruz”.
- After payment (GCash Ref. No. 987654321, copy attached as Annex “A”), the seller became unresponsive. No item was delivered.
- I verified with GCash support on 18 May 2025 that the registered owner of the number is “John Cruz” with ID No. 03-19-56789 (Annex “B”).
- I am executing this affidavit to attest to the truth of the foregoing facts and to request the filing of appropriate criminal charges for Estafa, Access Devices Fraud, and Cybercrime offenses…
(full template: include jurat, annexes, and compliance with Rules on Electronic Evidence)
13. Final thoughts
The Philippines now offers multi-layered remedies against online scams—criminal prosecution, administrative sanctions, and civil recovery—supported by modern cyber-warrant rules and stronger consumer-refund laws. Success still hinges on swift evidence preservation and filing with the right agency. Use the checklists above, insist on statutory timelines, and consider engaging counsel for complex or high-value losses.
(This article is for general information only and does not constitute legal advice or create an attorney-client relationship.)