It is a frustratingly common scenario: you find a great deal online, send the payment via GCash or bank transfer, and suddenly the seller disappears. In the Philippines, this "ghosting" after payment is more than just a bad business practice—it is a criminal offense.
The legal landscape in the Philippines provides several avenues for victims to seek justice and restitution.
1. The Legal Classification of the Act
When a seller takes your money with no intention of delivering the item and subsequently cuts off communication, the act generally falls under two major laws:
- Article 315 of the Revised Penal Code (Estafa): This involves the use of deceit or false pretenses to defraud another person. By posing as a legitimate seller, the perpetrator induces you to part with your money.
- R.A. 10175 (Cybercrime Prevention Act of 2012): Since the transaction occurred online, the crime is classified as Computer-Related Fraud. Crucially, the penalty for crimes committed through Information and Communications Technologies (ICT) is one degree higher than those defined in the Revised Penal Code.
2. Immediate Steps to Take
Before heading to the authorities, you must preserve the evidence. In the digital world, "delete" is a powerful tool for scammers.
- Document Everything: Take screenshots of the seller's profile, the product listing, the entire chat thread, and the proof of payment (transaction receipts).
- Trace the Account: Note the mobile number, bank account details, or the e-wallet (GCash/Maya) name used for the transfer.
- Report to the Platform: If the scam happened on Shopee, Lazada, or Facebook Marketplace, report the user immediately to have their account flagged or suspended.
3. Where to File a Formal Complaint
In the Philippines, three primary agencies handle online fraud:
A. The PNP Anti-Cybercrime Group (PNP-ACG)
The PNP-ACG is the frontline for digital crimes. You can visit their office at Camp Crame or their regional satellite offices to file a "Blotter" or a formal complaint.
- Online Portal: You can also report via their official website or social media pages.
B. The NBI Cybercrime Division (NBI-CCD)
The National Bureau of Investigation handles more complex fraud cases. If you have significant evidence or if the amount lost is substantial, the NBI is a highly effective route for investigation.
C. DTI Fair Trade Enforcement Bureau (DTI-FTEB)
If the "scam" is actually a case of a registered business failing to deliver (rather than a fly-by-night criminal), the Department of Trade and Industry can mediate. However, for "ghosting" by individual sellers, the PNP or NBI is usually the more appropriate criminal route.
4. The Role of Payment Gateways
If you paid via GCash or Maya, you should contact their help centers immediately. While these platforms often cannot "reverse" a completed transaction without a court order or police intervention, they can:
- Temporarily freeze the recipient's account pending investigation.
- Provide the account holder's details to the police once a formal subpoena is issued.
5. Summary of Legal Protections
| Law | Focus |
|---|---|
| R.A. 7394 (Consumer Act) | Protects against deceptive sales practices and substandard products. |
| R.A. 8792 (E-Commerce Act) | Recognizes electronic data messages and documents as legal evidence. |
| R.A. 10175 (Cybercrime Law) | Increases penalties for fraud committed via the internet. |
Note on Small Claims: If the seller’s identity is known but they simply refuse to pay or deliver, you may also file a case in Small Claims Court. This is a simplified legal process for money claims not exceeding ₱1,000,000 (for Metropolitan Trial Courts) that does not require a lawyer.
Would you like me to draft a formal demand letter that you can send to the seller (if they can still be reached) to serve as a final warning before legal action?