This article explains, in Philippine context, how to respond when you’re scammed in an online purchase. It covers the legal bases, decision paths (administrative, civil, criminal), the roles of the Department of Trade and Industry (DTI), the National Bureau of Investigation (NBI) and Philippine National Police Anti-Cybercrime Group (PNP-ACG), and how bank and card chargebacks work—plus timelines, evidence checklists, and templates. It is general information, not formal legal advice.

1) First 24–72 Hours: What To Do Immediately

Stop contact and preserve evidence
- Save screenshots of product listing, price, seller profile/ID, order number, delivery tracking, chat logs, call logs, emails.
- Keep receipts: bank transfer confirmations, card statements, e-wallet references, deposit slips, courier receipts.
- Record device details if relevant (date/time, platform/app versions, your IP if shown, seller’s numbers and handles).
- Do not delete the app/chat; turn off disappearing messages where possible.
Attempt platform resolution
- Use the marketplace/app “Report” and “Dispute/Refund” features instantly. Platforms often time-bar disputes (e.g., within 24–72 hours after delivery status).
- If you paid Cash on Delivery (COD) and received a fake item, file a Return/Refund request with the platform and courier immediately upon inspection.
Notify your bank/e-wallet
- Credit/debit card: call your card issuer and request a transaction dispute/chargeback for non-receipt, counterfeit, or misrepresentation.
- Bank transfer or InstaPay/PESONet: request a recipient trace and account freeze/hold (where procedures allow), and file a fraud complaint. Provide a police/NBI case reference as soon as available.
- E-wallets: trigger in-app dispute, ask for account restriction on the recipient, and obtain an official case/ticket number.
Choose your legal track(s) (you may run these in parallel):
- Administrative/consumer protection (DTI) – fastest for deceptive selling by a business in the Philippines.
- Criminal (NBI or PNP-ACG) – for estafa/fraud, identity theft, and cybercrime.
- Civil – Small Claims for money recovery up to the current threshold, or regular civil action if higher.

2) Legal Framework at a Glance

Consumer Act of the Philippines (R.A. 7394) – prohibits deceptive, unfair sales acts; DTI enforces for goods/services and online commerce.
E-Commerce Act (R.A. 8792) – recognizes electronic documents/transactions; relevant for digital evidence and online contracts.
Cybercrime Prevention Act (R.A. 10175) – penalizes computer-related fraud, identity theft, and offenses committed via ICT.
Revised Penal Code (Art. 315, Estafa) – criminal liability for deceit causing damage (e.g., taking payment without intent to deliver, bait-and-switch).
Access Devices Regulation Act (R.A. 8484) – covers fraud involving credit/debit/ATM cards and access devices.
Data Privacy Act (R.A. 10173) – for doxxing, unlawful processing, and data breaches (may be ancillary to your case).
Financial Products and Services Consumer Protection Act (R.A. 11765) – strengthens remedies for bank/e-money disputes and mandates redress mechanisms.

3) Administrative Track: Filing a DTI Consumer Complaint

When to use: You dealt with a Philippine-based business (including online sellers and platforms) and suffered deceptive, unfair, or unconscionable acts (e.g., paid but no delivery, fake item, false advertising, refusal to honor warranties/returns).

What DTI can do:

Facilitate mediation/conciliation between you and the seller.
Issue orders, impose administrative fines, and require refunds/replacements under the Consumer Act and DTI rules.
Coordinate with enforcement (e.g., sweeps against non-compliant online sellers).

Core steps:

Prepare a Complaint-Affidavit (see template below) and evidence bundle (IDs, screenshots, receipts).
File with the DTI Fair Trade Enforcement/regional office where you reside or where the seller operates; online filing is usually accepted.
Attend mediation/conciliation. Many disputes settle here (refund/replacement).
If unresolved, DTI may proceed to adjudication (administrative case). You may still pursue criminal/civil actions separately.

Pros/Cons:

Pros: Often faster and lower cost; good for clear consumer deception; can pressure PH-based sellers to comply.
Cons: Limited to administrative penalties and directives; cross-border sellers or anonymous individuals may be out of reach.

4) Criminal Track: NBI Cybercrime Division and PNP–Anti-Cybercrime Group (ACG)

When to use: There’s fraudulent intent (e.g., seller took payment with no intent to deliver, impersonation of legitimate shops, phishing leading to unauthorized charges), or the scammer is an individual using fake identities.

Offenses commonly alleged:

Estafa (Art. 315) – deceit, false pretenses, non-delivery.
Computer-Related Fraud / Identity Theft (R.A. 10175) – using ICT to defraud or assume your identity.
Access Devices Fraud (R.A. 8484) – unauthorized card use or card-not-present scams.

Where to file:

NBI Cybercrime Division (main office/field units) or PNP-ACG (Camp Crame/regional ACG offices). Either agency can investigate; choose the one most accessible. Parallel reporting is acceptable—just disclose to avoid duplication.

What to bring:

Complaint-Affidavit (notarized if required).
1 government-issued ID (copies).
Evidence: chat logs, call logs, social profiles, product pages, payment proofs, courier tracking, device screenshots, and platform dispute records.
Bank/e-wallet ticket numbers and any DTI case number (if you filed administratively).

What they can do:

Take your sworn statement; open a case and forensic review.
Subpoena platforms/banks for subscriber info, logs, and account ownership; coordinate with AMLC for suspicious transactions.
Recommend filing of criminal charges with the Prosecutor’s Office.

Practical expectations:

Identification of scammers is often the bottleneck; expect requests for more data.
For quick containment (e.g., stopping transfers), report to your bank/e-wallet in parallel; law enforcement requests help banks justify holds/restrictions.

5) Bank & Card Disputes and Chargebacks

A) Credit/Debit Card Payments

Grounds: Non-receipt of goods/services, counterfeit/“significantly not as described,” unauthorized transaction.
Time limits: Commonly up to 120 days from transaction/posting date (scheme-specific; earlier is better).
Process:
1. Call your issuing bank and open a dispute; ask for a chargeback.
2. Submit evidence (order page, chats, non-delivery proof, platform ticket).
3. Bank may grant provisional credit while it investigates with the acquiring bank/merchant.
4. Outcome: Chargeback (refund) if rules are met; otherwise representment may occur. You can elevate via the bank’s consumer assistance and, if unresolved, to the BSP consumer protection channel.

Tips:

Use clear timelines and concise descriptions; label files logically.
If the seller shipped an item but it’s fake/empty, emphasize “not as described/counterfeit” rather than simple non-delivery.

B) Bank Transfer / InstaPay / PESONet / QR Ph

No card chargeback mechanism. Your options are:
- Immediate recall/trace request; ask your bank to flag the recipient account and send an inter-bank request.
- File a fraud complaint with your bank; provide police/NBI/ACG case reference quickly.
- If funds moved through multiple accounts, banks may still assist in tracing, but recovery is not guaranteed without consent or legal order.

C) E-Wallets

Use in-app Dispute and Report Fraud.
Request recipient restriction and fund recall, subject to wallet policy and remaining balance.
Elevate unresolved disputes via the provider’s consumer assistance and, if necessary, to BSP under R.A. 11765.

6) Civil Litigation: Small Claims & Beyond

Small Claims: Sue to recover money up to ₱1,000,000 (exclusive of interest/costs/attorney’s fees) in the MTC under the latest Small Claims Rules. No lawyers’ appearance (unless the party is a lawyer); forms are standardized; proceedings are summary and typically faster.
Where to file: Generally where you or the defendant resides or where the cause of action arose. Check current venue rules and jurisdictional thresholds.
Above the threshold: File a regular civil action (collection of sum of money/damages) in the proper court.

7) Choosing the Right Path: A Decision Guide

PH business with receipts, deceptive ad, refuses refund → Start with DTI (quick consumer relief) + optional civil suit for damages if needed.
Anonymous individual seller, clear deceit → NBI/PNP-ACG (criminal), parallel bank/e-wallet dispute for containment.
Card-not-present fraud → Chargeback with issuer + NBI/ACG (for identity theft/access device fraud).
Cross-border seller → Platform dispute + card chargeback; DTI jurisdiction may be limited unless seller targets PH consumers with a local presence.

8) Evidence Checklist (Copy-Paste and Work Through)

Identity & Transaction

Government ID; your contact details.
Order number; invoice/OR; delivery tracking; product page URL.
Payment proof: card statement, transfer confirmation, wallet ref no., deposit slip.

Conversation & Content

Full chat/email threads (export if possible), call logs.
Seller profile (username, mobile no., bank acct name & number, e-wallet handle).
Screenshots of ads, price, specs, return policy, platform dispute screen.

Post-Incident

Bank/wallet dispute ticket numbers; platform case IDs.
DTI complaint reference (if filed).
Law enforcement case number and your Complaint-Affidavit.

9) Drafting a Complaint-Affidavit (Template Outline)

Title: Complaint-Affidavit for Estafa (Art. 315) and/or Violations of R.A. 10175 / R.A. 8484 Complainant: Name, age, nationality, address, ID. Respondent: (Name/Unknown), known online as (handle), contact nos., bank/e-wallet details (if known).

Allegations (chronology):

On [date], I saw [listing/offer] on [platform/app] posted by [respondent/handle] for [item/service] priced at ₱[amount].
We agreed via [chat/app]; I paid [mode] with reference [no.] (attach proof).
Respondent [failed to deliver/ delivered counterfeit / misrepresented item] despite [follow-ups].
I discovered [facts showing deceit/fraud: fake tracking, blocked me, reused photos, etc.].
I suffered [loss amount] plus expenses.

Legal basis: Estafa under Art. 315 (deceit), R.A. 10175 (computer-related fraud/identity theft as applicable), and R.A. 8484 if access device was used. Reliefs sought: Criminal prosecution; issuance of subpoenas; preservation of records; coordination with bank/e-wallet; recovery of funds and damages. Attachments: Numbered exhibits A–N (screenshots, receipts, chats, IDs). Verification & Jurat: Signed and sworn before a notary/public officer.

For DTI, adapt the same facts to a DTI Consumer Complaint citing the Consumer Act, and ask for refund/replacement and administrative penalties.

10) Timelines and Expectations

Platform disputes: Often 24–72 hours windows to open; resolution within days to a few weeks.
Card chargebacks: Provisional credit may appear quickly, but final resolution can take 1–3+ billing cycles depending on scheme and merchant responses.
Bank transfer/e-wallet recalls: Most effective within hours to a few days; success rates drop once funds are layered/cashed out.
DTI mediation: Often scheduled within weeks; adjudication may take months if contested.
Criminal cases: Investigation and prosecution can take months; complexity rises with anonymity/cross-border issues.

11) Special Situations

Delivery marked “received” but you didn’t receive it: Treat as non-delivery; request courier POD and CCTV if available. File platform dispute and bank/card dispute; include evidence of non-receipt (residence logs, guard logbook).
Counterfeit goods: Emphasize “not as described/counterfeit”; attach photos/video of unboxing and product comparison; seek DTI remedies and card dispute.
Phishing/Account Takeover: Immediately reset credentials, enable 2FA, notify bank/wallet to block cards and lock accounts, file NBI/ACG report (identity theft/computer-related fraud), and dispute unauthorized charges.
Seller registered abroad: Focus on platform and card scheme remedies; DTI jurisdiction may be limited; criminal pursuit depends on mutual legal assistance and traceability.

12) Practical Drafts You Can Reuse

A) Short Letter to Your Bank (Card Dispute)

Subject: Dispute of Transaction – Request for Chargeback I am disputing the ₱[amount] transaction on [date] at [merchant/platform] posted on my [credit/debit] card ending [xxxx]. Grounds: [non-receipt / counterfeit / not as described / unauthorized]. Attached are my order confirmation, communications, delivery records, and photos. Please process a chargeback under applicable card rules and provide a case number. I also request a provisional credit pending investigation.

B) Short Letter to Your Bank (Transfer Recall)

Subject: Fraudulent Transfer – Request for Recipient Trace/Freeze On [date], I transferred ₱[amount] to [acct name/no.] via [InstaPay/PESONet/QR] for an online purchase that proved fraudulent. Please initiate a trace and recall, and coordinate with the receiving bank to restrict the account if possible. I will provide my NBI/PNP-ACG case reference once issued. Attached are proofs of transfer and communications.

C) DTI Consumer Complaint Prayer

I seek a refund of ₱[amount], replacement of the item, and administrative sanctions for deceptive/unfair sales practices under the Consumer Act.

13) Do’s and Don’ts

Do:

Act immediately; early bank/wallet action improves recovery odds.
Keep evidence organized (Exhibit A–N).
Use clear, factual language; avoid speculation.

Don’t:

Don’t threaten criminal charges in platform chats; move the dispute to formal channels.
Don’t send additional “verification fees,” “customs fees,” or “release fees.”
Don’t rely on verbal agreements—document everything.

14) Quick FAQ

Can I run DTI and NBI/ACG at the same time? Yes. Administrative and criminal remedies can proceed in parallel.
Will a chargeback hurt my credit? A properly filed dispute should not; check statements and keep correspondence.
What if the seller is a minor or uses a “drop account”? Still file. Investigators trace identities; account owners who let others use their accounts may face liability.
Is a police blotter required? Not always, but an NBI/ACG case reference strengthens bank/e-wallet actions.

15) Summary Playbook (Pin This)

Report on-platform and open bank/wallet dispute immediately.
Assemble evidence; draft a Complaint-Affidavit.
File DTI (if PH-based business) and/or NBI/PNP-ACG (fraud/cybercrime).
For card payments, push chargeback within scheme time limits.
For bank/e-wallet transfers, request trace/freeze and escalate with a case reference.
Consider Small Claims to recover your money; use DTI findings and your evidence bundle.

If you want, tell me the facts (who/what/when/how much/how you paid), and I’ll draft a tailored DTI complaint, bank dispute letter, and a criminal Complaint-Affidavit in your name, complete with exhibits list and timelines.