This is a practical legal guide for consumers in the Philippines who paid for solar panels (or related equipment) online and got scammed—non-delivery, defective items, bait-and-switch, or ghost sellers. It covers the full playbook: evidence to gather, where to file, which laws apply, and realistic recovery paths (civil, criminal, regulatory, and payment disputes).
1) First 24–72 hours: preserve evidence and contain losses
Capture and keep:
- Screenshots/recordings of the product listing, seller profile, chat thread, promises/warranties, and platform pages.
- Order confirmation, invoices/receipts, tracking/waybill, delivery photos, and any “proof of delivery.”
- Bank/e-wallet/credit-card transaction details (authorization code, reference number, date/time, amount).
- Phone numbers, email addresses, pages, and bank account names/numbers used by the seller.
- For defective or counterfeit goods: unboxing video, serial numbers, photos of defects, and technician’s findings.
Do not delete anything—including the packaging. Keep the box and waybill (these establish chain of custody and seller identity).
Immediately:
- File an in-app/platform dispute (if applicable) before the platform’s deadline.
- If you paid by credit card/debit card, notify your bank that you intend to dispute the transaction.
- If you paid via e-wallet/bank transfer, file a dispute through the provider’s consumer helpdesk.
- If the seller is reachable, send a formal demand (see template below) giving a short deadline (5–7 days).
2) Which Philippine laws protect you?
- Consumer Act (R.A. 7394). Prohibits deceptive, unfair, and unconscionable sales acts; empowers the Department of Trade and Industry (DTI) to investigate and sanction sellers and order refunds/replacements.
- E-Commerce Act (R.A. 8792). Recognizes electronic contracts/signatures and admissibility of electronic evidence.
- Internet Transactions Act of 2023 (R.A. 11967). Regulates online merchants, e-marketplaces, and e-retailers; mandates due diligence, takedowns, cooperation with DTI, and measures against online fraud; creates an E-Commerce Bureau for consumer redress in online transactions.
- Revised Penal Code – Estafa/Swindling (Art. 315). Applies where there is deceit and damage (e.g., taking payment with no delivery, or delivering grossly inferior/counterfeit items). If the offense is committed through information and communications technology, R.A. 10175 (Cybercrime Prevention Act) generally imposes a penalty one degree higher.
- Financial Consumer Protection Act (R.A. 11765). Governs banks/e-money/credit card issuers; sets up complaint mechanisms and redress for financial consumers.
- Data Privacy Act (R.A. 10173). If your personal data was misused (identity theft, doxxing), you may complain to the National Privacy Commission.
- Alternative Dispute Resolution Act (R.A. 9285). Encourages settlement; many platforms embed ADR/ODR processes.
Note: If the “seller” is actually pitching a “solar investment,” separate securities/fraud laws may apply (e.g., SEC jurisdiction).
3) Your recovery options (choose all that apply)
A. Platform/E-retailer complaint
- Use the in-app dispute and submit your evidence quickly. Ask for refund or replacement under the platform’s buyer protection policy.
- If the seller used a local courier, put the courier on notice if there’s proof of misdelivery or tampering.
B. Payment dispute (bank/e-wallet)
- Credit cards: Request a chargeback (non-receipt, not as described, counterfeit). Banks impose strict time limits (often 30–60 days from statement). Provide screenshots, correspondence, and proof of non-delivery/defect.
- Debit cards/e-wallets/bank transfers: File a transaction dispute citing unauthorized/erroneous or merchant fraud. Under R.A. 11765, providers must have a consumer assistance mechanism and investigate your complaint.
- Keep copies of your tickets/case numbers and escalate if the first-line denial is perfunctory.
C. DTI administrative complaint (Consumer Act; Internet Transactions Act)
- File with DTI Fair Trade Enforcement Bureau or the nearest DTI office. You can seek: (1) refund, (2) replacement/repair, (3) administrative fines/sanctions against the seller and, under the Internet Transactions Act, measures directed at the platform (e.g., takedown, cooperation, disclosure of seller information, facilitation of redress).
- DTI typically calls parties for mediation; unresolved cases may proceed to adjudication.
D. Criminal complaint (estafa/cybercrime)
- File with the Office of the City/Provincial Prosecutor (via Affidavit-Complaint) and/or report to PNP Anti-Cybercrime Group (ACG) or NBI Cybercrime Division for digital forensics and tracing (subpoenas to platforms/banks, IP logs, account holders).
- Venue is proper where any essential element occurred (e.g., where deceitful representations were received, where payment was made, where delivery should have occurred).
E. Civil action (sum of money/rescission/damages)
- If negotiation fails and the seller is identifiable, sue for rescission and damages under the Civil Code or a straight collection suit.
- Small Claims (no lawyers required): for money claims up to ₱1,000,000 nationwide. Fast-track remedy when the prayer is purely monetary (refund + damages that are liquidated/ascertainable).
4) Step-by-step filing guides
4.1 Platform dispute (same day)
- Open the order page → click “Return/Refund/Dispute.”
- Choose ground: Item not received / Not as described / Counterfeit.
- Upload: order page, chats, proof of payment, unboxing video/photos, waybill, technician’s report (for defects).
- Write a concise narrative (who/what/when/where/how), and the specific remedy you want (full refund; seller to pay return shipping; or replacement that meets listed specs).
- Track deadlines; respond promptly to counter-offers. Escalate to platform arbitration if offered.
4.2 Bank or e-wallet chargeback/dispute (within 30–60 days)
- Call or use the app to open a dispute ticket; follow up with a written dispute letter.
- Grounds: non-delivery, item not as described, counterfeit, or fraudulent merchant.
- Attach: screenshots, merchant terms, delivery status, technician report (if defective), and your demand letter.
- Ask for temporary credit (if provided in your bank’s policy); request documentary checklist and turnaround times.
4.3 DTI complaint (1–2 weeks to file)
- Prepare a Complaint-Affidavit stating facts, relief (refund/replacement), and legal basis (R.A. 7394; R.A. 11967).
- Attach documentary evidence (see Section 1).
- File at DTI (physically or via their e-complaint portals where available).
- Attend mediation; be ready with a settlement floor (e.g., 100% refund; seller shoulders return shipping).
- If unresolved, request adjudication; DTI may issue orders and impose administrative fines.
4.4 Criminal complaint (as soon as practicable)
- Draft an Affidavit-Complaint for Estafa (Art. 315), narrating the deceit (false specs, fake brand, refusal to refund, use of fake IDs) and the damage (amount paid; consequential losses).
- Invoke R.A. 10175 Section 6 if the acts were committed through ICT (online listing, chat, e-wallet fraud).
- File with the City/Provincial Prosecutor or coordinate with ACG/NBI for evidence preservation and subpoenas to platforms, banks, and couriers.
- Provide: IDs, proof of payment, chats, device identifiers (IMEI/serial if relevant), and witness statements (e.g., technician).
4.5 Civil action / Small Claims (fastest civil route)
When to use: identifiable local seller; you want your money back and perhaps fixed, provable charges (e.g., shipping, technician diagnosis).
Limit: up to ₱1,000,000.
Where: the Metropolitan/Municipal Trial Court where you or the defendant resides or where the transaction occurred.
How:
- Fill out the Statement of Claim (Small Claims Form) stating the contract, breach, and amount due.
- Attach evidence (receipts, chats, photos, demand letter).
- Pay filing fees (or apply as indigent with proof).
- Court sets a single hearing; lawyers cannot appear for parties (though you may consult one beforehand).
- Expect a same-day or prompt decision; judgments are immediately final and executory (no appeal).
5) Special issues in solar panel transactions
- Specification bait-and-switch. List clearly what was promised (wattage, panel type—mono/poly/PERC, inverter brand/model, controller capacity, warranty terms) vs. what arrived. A technician’s written assessment helps establish non-conformity.
- Counterfeit or substandard goods. Keep serial numbers and packaging. This supports claims under product standards and unfair/deceptive practices.
- Installation services. If installation was part of the deal and the contractor ghosted you, you may also claim breach of service contract (defective workmanship; failure to install), not just sale of goods.
- Warranty claims. If a “manufacturer warranty” was represented, demand manufacturer verification; false claims bolster deceit.
6) Evidence strategy and digital forensics
- Export chats as PDF; take screen recordings scrolling through the listing and messages to capture timestamps and URLs.
- For deliveries: obtain courier event logs and CCTV from building guards if available.
- Ask your bank/e-wallet for beneficiary details (subject to their policies) and transaction certificates.
- Law enforcement can issue subpoenas to platforms and banks to disclose seller KYC and IP/access logs.
7) Cross-border or anonymous sellers
- Prioritize platform/e-retailer remedies and payment disputes.
- File with DTI citing the Internet Transactions Act to press platforms for cooperation and seller information.
- For purely offshore actors with no Philippine presence, criminal tracing via ACG/NBI offers the best chance of identifying accounts used to receive your funds (especially local “mule” accounts).
8) Timelines, prescription, and expectations
Platform and payment windows are short (often 7–15 days for platform disputes; 30–60 days for card chargebacks). Act quickly.
Criminal estafa prescription depends on penalty (linked to the amount defrauded); commonly 10 years for correctional-level penalties, longer for higher penalties.
Small Claims is usually the fastest court path for straightforward refunds against local sellers.
Recovery odds are highest when:
- Payment was by credit card (chargeback leverage),
- The seller used a major platform with buyer protection,
- The seller is locally identifiable (DTI/admin + small claims),
- You report early, enabling account freezing/tracing.
9) Demand letter template (editable)
Subject: Demand for Refund and Rescission – Online Purchase of Solar Panels
To: [Seller Name / Business Name] Address / Email / Platform Handle: [details]
I purchased [item description, brand/model, quantity] on [date] for ₱[amount] via [platform/payment method], Order No. [xxx]. You represented that the goods would [be delivered by / have the following specs/warranty: …].
Breach: [non-delivery / delivery of defective/counterfeit goods / misrepresentation of specs]. Despite my requests dated [dates], you failed to [deliver/replace/refund].
Under R.A. 7394 (Consumer Act) and the Civil Code, I hereby rescind the transaction and demand a full refund of ₱[amount] within [5] calendar days from receipt of this letter. Failing this, I will file complaints with DTI and law enforcement for estafa (Art. 315 RPC) (with R.A. 10175 where applicable), and pursue civil remedies including Small Claims, plus damages and costs.
Please remit the amount to [bank/e-wallet details] and confirm by email at [your email].
Sincerely, [Your Name] ID No.: [xxxx] | Mobile: [xxxx]
10) Affidavit-Complaint skeleton (criminal or administrative)
- Affiant’s identity (name, address, government ID).
- Respondent(s) (seller name/alias, platform handle, bank account name/number, phone/email).
- Narration of facts in chronological order (attach exhibits labeled A, B, C…).
- Elements of offense/violation (deceit, reliance, payment, damage; online use for cybercrime enhancement).
- Reliefs sought (issuance of subpoenas, filing of information, restitution).
- Verification and certification against forum shopping (for DTI/civil).
- Jurat (notarization).
11) Practical checklists
Submission packet (any forum):
- ID, proof of address
- Order page & listing screenshots
- Full chat export (PDF)
- Proof of payment (bank/e-wallet card statement, reference nos.)
- Courier waybill/tracking and delivery proof
- Photos/video (unboxing, defects)
- Technician report (for specs/defects)
- Demand letter + proof of sending/receipt
- Timeline summary (1 page)
Numbers to keep at hand: platform case ID, bank dispute ticket, DTI complaint no., police/NBI blotter or case ref.
12) FAQs
Q: Can I sue both the seller and the platform? A: You may pursue platform remedies and DTI action leveraging the Internet Transactions Act (platform duties). Civil/criminal liability remains primarily with the seller, but platforms can be required to cooperate, take down, and in some cases face administrative action for non-compliance.
Q: Do I need a lawyer? A: Small Claims disallows lawyers in the hearing; you may consult one beforehand. For criminal complaints and complex cases, legal assistance is advisable.
Q: What if I accepted delivery but discovered defects later? A: You can still pursue remedies for non-conformity/warranty under the Consumer Act; act quickly and document the defect (technician report).
Q: The seller insists the panels are “OEM” or “refurbished.” A: If the listing suggested brand-new, branded panels, undisclosed “OEM/refurbished” status is a material misrepresentation supporting rescission and estafa elements.
13) Action plan you can follow today
- Open platform dispute and payment dispute now (attach evidence).
- Send the demand letter (email + registered mail or reputable courier).
- File with DTI citing R.A. 7394 and R.A. 11967; attend mediation.
- If the seller ghosts or is clearly fraudulent, prepare an Affidavit-Complaint and coordinate with ACG/NBI.
- If the seller is local and identifiable, file Small Claims for the refund and documented costs.
Final note
The remedies above can be pursued in parallel. Early filing improves your leverage (platform deadlines, bank chargeback windows, and evidence freshness). Keep everything organized; concise, well-documented complaints are far more likely to secure a refund and sanctions against bad actors.