Online Seller Scam — How to Report and Recover (Philippines)

A practical legal guide on where and how to report, which laws apply, what evidence to keep, criminal vs. civil routes, DTI/BSP/NBI/PNP-ACG touchpoints, chargebacks and e-wallet disputes, venue, timelines, and templates—so you can act fast and correctly. Philippine context; no web sources used.

1) What is an “online seller scam” in law?

Online seller scams often fall under one or more of the following:

Estafa (swindling) through deceit – Revised Penal Code (RPC) Art. 315(2)(a): false pretenses/representations that induce payment (e.g., fake item, non-delivery, bait-and-switch).
Estafa through fraudulent acts – e.g., issuing a bounced check, misappropriating items paid-for, etc.
Cybercrime overlay – Cybercrime Prevention Act (R.A. 10175): when the estafa is committed via a computer system or online platform. This affects venue and penalties (see §7).
Consumer protection – Consumer Act (R.A. 7394) and E-Commerce Act (R.A. 8792): deceptive sales acts or false advertising; DTI’s remit over unfair trade practices.
Access device/identity fraud – Access Devices Regulation Act (R.A. 8484) if card/e-wallet data were misused; Data Privacy Act (R.A. 10173) if personal data abuse is involved.
Anti-fencing / counterfeit – if the “seller” is peddling stolen/counterfeit goods (different elements, sometimes used alongside estafa).

2) Immediate steps (first 24–48 hours)

Stop further payments and freeze the channel (block the seller, stop chatting outside the platform).
Preserve evidence (see §3): take screenshots, export chats, save the listing URL, capture timestamps.
Report inside the platform (marketplace/app) and open a dispute (non-delivery / item not as described).
Notify your payment provider: bank card, e-wallet, or bank transfer—ask for chargeback/dispute or transaction reversal procedures. Windows are strict (often measured in days).
File a police e-blotter or station blotter for a contemporaneous record.
If you sent money to a bank account/e-wallet, request your bank/e-money issuer to flag the recipient and trace funds (results vary but early notice helps).

3) Evidence checklist (keep originals; make clean copies)

Listing page and seller profile (screenshots + URLs).
Order summary, invoices/receipts, tracking/waybill, delivery notes.
Payment proofs: deposit slips, bank/e-wallet confirmations, reference numbers, date/time, amounts.
Full chat logs (platform chat, SMS, Messenger/Telegram/Viber), including display names and phone/user IDs.
Photos/videos of the item received (if defective/fake), unboxing video if available.
Your ID (for KYC in complaints), and authority letter if a representative will file.
Demand messages you sent and seller replies (or silence).
Any admissions of the seller, or other victims’ posts (as leads—collect safely and lawfully).

Preserve metadata when possible. Don’t doctor files; authenticity is critical in criminal complaints.

4) Where to report (who does what)

A) Inside the platform / payment rails

Marketplace/app dispute center – Aim for refund/return/removal of seller. Follow their steps and deadlines.
Bank/e-wallet provider – Start a transaction dispute/chargeback. Ask about documentary requirements and time limits (strict).

B) Law enforcement & regulators

PNP Anti-Cybercrime Group (ACG) – for online fraud; file a complaint and submit digital evidence.
NBI Cybercrime Division – investigative assistance, case build-up (especially for cross-border or complex fraud).
City/Provincial Prosecutor (DOJ) – criminal complaint for estafa (and cybercrime overlay), supported by your affidavit and evidence (see §8).
DTI (consumer protection) – administrative complaint for unfair or deceptive acts; useful for business-identified sellers, platforms, and documentation.
BSP/Payment regulator route – file with the financial service provider’s complaint unit; if unresolved, escalate to the regulator’s consumer assistance channel.
National Privacy Commission (NPC) – if your personal data were misused or a breach occurred.

If the “seller” is doing investment-type solicitations, also consider the SEC for potential unregistered investment schemes.

5) Two main paths: criminal vs civil/administrative (you can do both)

A) Criminal (estafa; cybercrime overlay)

Goal: penalize the scammer; restitution may be awarded but is not guaranteed.
Standard: probable cause (prosecutor) then proof beyond reasonable doubt (court).
Where: Office of the City/Provincial Prosecutor having proper venue (see §7).
What to file: Complaint-Affidavit + annexes (evidence) + IDs + verification.
Flow: Filing → respondent’s counter-affidavit → resolution (dismiss or file Information) → trial.

B) Civil (money claim) / Small Claims

Goal: recover your money (refund, damages).
Venue: First Level Courts (Municipal/Metropolitan Trial Courts) under Small Claims if within the jurisdictional amount (currently up to ₱1,000,000).
No lawyers required to appear (parties appear personally).
Docs: Statement of Claim (court form), proof of debt (receipts, chats), proof of demand (send a demand letter—see §12 template).
Timeline: summary, non-jury, typically faster than ordinary suits.

C) Administrative (DTI / platform / regulator)

Goal: stop deceptive practice, pressure refunds, and record violations.
Outcome: show-cause orders, fines, takedowns, or mediated settlements; useful alongside criminal/civil actions.

6) Filing inside platforms and with payment providers

Open the case immediately in the app/marketplace. Choose the closest reason (non-delivery, counterfeit, SNAD—“significantly not as described”).
Upload the same evidence set consistently.
Follow deadlines (they may be just a few days). Missing them can forfeit platform remedies.
Card payments: banks apply network rules (e.g., retrieval request, representment). Act fast; some windows are counted from transaction/statement date.
E-wallet/bank transfer: file with your provider’s complaint unit; request recipient trace/hold (not always possible but worth trying). Escalate to the regulator if unresolved.

7) Venue rules (criminal & civil)

Criminal venue (estafa; with cyber overlay)

Estafa is generally filed where any element occurred: where deceit was committed (e.g., your online exchange), where payment was made/sent, or where damage occurred.
Under the Cybercrime Prevention Act, venue expands to any place where any element of the offense was committed, or where digital data/evidence were accessed or stored. This makes your residence city (where you paid and felt the damage) typically a proper venue—useful for victims.

Civil/small claims venue

File where the defendant resides or does business.
If the defendant is non-resident or residence unknown, venue can be where you reside (check the small claims rules and explain in your pleading).
If the seller is a registered business, you can also anchor venue to its principal place of business.

8) How to file a criminal complaint (step-by-step)

Prepare a Complaint-Affidavit (see §11 structure): narrate facts in chronological order, identify the false pretenses, specify amounts, and attach evidence (labeled as Annex “A,” “B,” …).
Notarize your affidavit and witness affidavits.
Attach IDs (government ID; authority letter if representative files).
File with the Office of the City/Provincial Prosecutor (where venue lies per §7) or coordinate with PNP-ACG/NBI for assistance in preparing and lodging the case.
Attend the preliminary investigation (you may be asked for clarifications).
Monitor the resolution. If dismissed, consider a petition for review to the DOJ within the rules’ period.

9) DTI consumer complaint (administrative)

Use when the seller is a merchant (not purely a private one-off).
Grounds: deceptive sales acts, unfair or unconscionable sales acts, false advertising, warranty violations.
Remedies: mediation, orders, administrative fines; platforms may be asked for cooperation.
Prepare: Complaint form/letter, proof of purchase, communications, ID, and your desired relief (refund/replacement).

10) Banks, e-wallets, and the regulator track

File with the provider’s complaint desk immediately; ask for case/complaint number.
Provide: transaction refs, date/time, amount, merchant/recipient details, and narrative.
Ask explicitly for: chargeback/dispute, credit pushback, or merchant investigation.
If unresolved or denied without proper handling, escalate to the regulator’s consumer assistance channel with your case number and evidence.
For account takeovers (you didn’t authorize the payment), invoke consumer protection rules and strong customer authentication duties—these are treated differently from “buyer’s remorse.”

11) Complaint-Affidavit structure (criminal)

Use this as a drafting map; follow local prosecutor’s format.

Title/Caption – “Complaint-Affidavit for Estafa (Art. 315 [2][a]) in relation to R.A. 10175” Affiant’s identity & competence – name, age, address, ID details. Parties – identify Respondent(s) as best as you can (names/handles/links/phone). Jurisdiction & venue – explain why the chosen city/province is proper (payment/deceit/damage occurred there; online element). Narrative of facts (chronological):

The listing and representations (attach screenshots).
Your reliance, order, and payment (attach proofs).
Seller’s deceitful conduct (e.g., refusal to deliver/refund; sending a fake/counterfeit item).
Damage suffered (amount, incidental costs). Legal characterization – elements of estafa: (1) false pretense or fraudulent act; (2) executed before/at the time of transaction; (3) reliance by complainant; (4) damage. Prayer – file charges; ask for issuance of subpoena and eventual prosecution; attach witness list. Annexes – label every piece of evidence clearly. Verification & Undertaking – that statements are true; willingness to testify. Jurat – notarization.

12) Demand Letter (civil/small claims) — short template

Send via the same channel used for the sale and to any known email/address. Keep proof of sending.

[Date]

[Seller Name/Handle]
[Known Address or Platform Profile Link]

Re: Demand for Refund – Online Sale on [Platform], Order #[Ref]

Dear [Name/Handle]:

On [date], you advertised and sold to me [item/description] for ₱[amount], promising [key representations]. I paid via [mode] with reference no. [#].

You failed to [deliver/ delivered a counterfeit or SNAD item], despite my requests on [dates]. This constitutes deceit and a violation of our sale agreement, actionable under the Revised Penal Code and consumer protection laws.

Demand is hereby made for:
(1) Full refund of ₱[amount] within five (5) days; and
(2) [Return shipping arrangement / pick-up], if applicable.

Absent compliance, I will file a criminal complaint for estafa and pursue civil/small claims, plus costs and damages. This letter serves as final demand.

Very truly yours,
[Your Name]
[Address / Email / Mobile]

13) Frequently asked questions

Q1: Can I sue both criminally and civilly? Yes. They are independent: criminal punishes; civil recovers money. You can pursue both.

Q2: The seller used a fake name. Is the case hopeless? No. Start with platform/payment reports; law enforcement can trace accounts/devices. Your early, clean evidence is crucial.

Q3: I dealt via private chat, not a marketplace. Still actionable. Provide the chat history, payment proofs, and ad (if any). Demand letter + small claims + criminal complaint remain available.

Q4: The item arrived but is counterfeit. That still counts as deceit; preserve proof of counterfeit (expert confirmation helps). Don’t ship it away without documentation.

Q5: How much can I claim in Small Claims? Up to ₱1,000,000 (current cap). If higher, consider regular civil action or limit your claim to fit the cap.

Q6: Do I need a lawyer for Small Claims? No appearance by counsel is required (though you may consult a lawyer to prepare).

Q7: What if the seller is overseas? Platform/payment routes and criminal complaints can still be filed. Civil recovery is harder; focus on chargeback and platform enforcement first.

14) Common pitfalls (and fixes)

Late disputes → Act within days; platform/bank windows are strict.
Thin evidence → Screenshot everything now; export chats; get order numbers.
Sending originals away → Always keep copies; if returning an item, document condition before shipment.
Harassment/doxing → Don’t. Stick to legal channels; vigilante acts can backfire legally.
Inconsistent narratives → Keep your story chronological and consistent across platform, bank, and law enforcement.

15) One-page action checklist

Freeze and document: screenshots, chats, receipts, tracking.
Open platform dispute (upload evidence).
File bank/e-wallet dispute (get case number; note deadlines).
Police blotter (optional but helpful for record).
Send demand letter (keep proof of sending).
File DTI complaint (if merchant) for deceptive practice.
Prepare and file criminal complaint (estafa; cyber overlay) with the proper Prosecutor’s Office.
If refund not forthcoming, file Small Claims for the amount due.
Keep a case log (dates, contacts, reference numbers).

Final note

Your best leverage comes from speed + clean evidence + parallel tracks (platform/payment + criminal + administrative/civil). If you tell me (a) how you paid, (b) what you bought, (c) where you live and where payment was sent, I can draft a venue paragraph, a custom Complaint-Affidavit skeleton, and a small claims Statement of Claim tailored to your case.