1) What a “pasabuy” is in legal terms

A pasabuy is commonly an arrangement where one person (the “pasabuy agent” or “buyer”) agrees to purchase and deliver goods for another (the “client” or “requestor”) in exchange for reimbursement and usually a service fee/patong. Philippine law does not have a single “Pasabuy Law,” so disputes are resolved using general rules on:

Obligations and Contracts (Civil Code)
Agency/Commission (Civil Code, where applicable)
Sales and services contracts (Civil Code; consumer rules may apply depending on circumstances)
Quasi-delict and unjust enrichment (Civil Code)
Criminal laws (Revised Penal Code, special laws) when the facts indicate fraud or deceit

In practice, pasabuy disputes fall into three recurring scenarios:

Non-delivery (you paid; goods never arrived)
Non-refund (seller/agent cannot deliver but refuses to return money)
Fraud/scam (never intended to buy/deliver; used fake identities, fake tracking, fabricated proof of purchase)

Each scenario can trigger civil remedies, and in more serious cases, criminal and administrative remedies.

2) What rights and duties exist in a pasabuy deal

Even if there is no written contract, a contract can exist based on chats/messages and payment proof. The core duties usually look like this:

A) Duties of the pasabuy agent

Deliver the agreed item (matching description, quantity, condition) within the agreed time, or
Return the money if delivery becomes impossible or the transaction is cancelled under agreed terms
Act in good faith and communicate material changes (availability, delays, price changes)
Account for funds received (especially if the relationship is effectively agency/commission)

B) Duties of the client/requestor

Pay the agreed amount (purchase price + fee + shipping, if agreed)
Provide accurate specifications (size, variant, address)
Accept delivery when properly tendered

C) What counts as breach

Common breaches include:

Accepting full payment and ghosting
Delivering wrong/different item (substitution)
Stalling indefinitely and refusing to refund (“processing,” “next week,” etc.)
Claiming “lost in transit” but providing no genuine proof or refusing to claim insurance/remedies where applicable

3) First classification: Is it a civil dispute, a criminal case, or both?

A) Civil case (breach of contract / collection of sum of money)

Appropriate when:

There was a real transaction, but performance failed (delay, inability to source item)
The main issue is return of money or delivery
Fraud is unclear or hard to prove beyond the failure to perform

Relief typically sought:

Refund (actual damages)
Interest
Costs of suit
Sometimes moral damages (only if you prove bad faith and actual injury)
In some cases rescission (cancellation of the agreement) plus damages

B) Criminal case (fraud/estafa and related offenses)

Appropriate when there are strong indicators of deceit, such as:

False pretenses induced you to pay (fake identity, fake proof of purchase, fake tracking, fake “customs hold,” etc.)
Pattern of victims, multiple complainants
Money collected for a specific purpose but diverted and never accounted for
The person never had the means/intent to procure and deliver, and used misrepresentations

Criminal action may be filed together with (or separately from) civil claims. In many fraud cases, the civil liability (refund) is pursued alongside the criminal complaint.

4) Civil legal remedies in the Philippines (step-by-step)

Step 1: Document everything (this is your “case file”)

Collect and organize:

Screenshots of the offer, terms, promised delivery date, refund policy (if any)
Proof of payment (bank transfer, e-wallet screenshots, receipts)
Complete chat history showing follow-ups and responses
Any IDs, profiles, delivery addresses, phone numbers, bank/e-wallet details
Tracking numbers and courier history (if any)
Names of other victims (if discovered), without doxxing publicly

Preserve originals where possible. Keep backups.

Step 2: Make a written demand (formal demand letter)

A demand letter strengthens civil and criminal complaints by showing:

You required performance/refund
The other party refused or ignored
The amount due and the deadline were clear

A practical demand letter should include:

Parties’ names and contact details (as known)
Summary of the agreement (date, item, price, fee, promised delivery date)
Amount paid and payment method
Clear demand: deliver by X date or refund by X date
Bank/e-wallet details for refund
Notice that failure will compel filing of appropriate cases (civil/criminal/DTI), without threats or harassment
Attach copies of key proofs

Send it through channels that can be proven (email, registered courier, or at least messages with screenshots showing delivery/read receipts). If you know the person’s address, registered mail/courier is better.

Step 3: Barangay conciliation (Katarungang Pambarangay), when required

Many money disputes between individuals require barangay mediation/conciliation before filing in court, if:

Both parties live in the same city/municipality, and
The dispute is within the barangay justice system’s coverage, and
No exception applies

If required and you skip it, the court case may be dismissed or suspended.

Outcomes:

Settlement agreement (enforceable)
Certification to file action (if mediation fails)

Step 4: Choose the proper court route

Option A: Small Claims (fastest for refunds)

If your primary goal is money back, and the claim falls within the small claims coverage, you can file a small claims case for collection of sum of money. Small claims is designed to be simplified:

Typically no lawyers needed for parties (with limited exceptions)
Faster hearings
Focused on documentary proof

This is often the best civil route for pasabuy non-refund cases.

Option B: Regular civil action (if more complex)

Use regular civil actions when:

You want specific performance (delivery of a unique item) and damages, or
The amount/relief is beyond small claims coverage, or
Issues are complex (multiple defendants, extensive damages, injunction, etc.)

Option C: Provisional remedies (in limited cases)

If there’s a real risk the defendant will hide or dispose of assets, a lawyer may consider remedies like preliminary attachment, but these require stronger showings and are not routine.

5) Criminal remedies: when and how to pursue fraud cases

A) Estafa (swindling) as the common criminal charge

Many pasabuy scams fit estafa patterns when a person uses deceit to obtain money or misappropriates funds received in trust/for a specific purpose.

Typical scam indicators supporting criminal action:

The seller/agent used false pretenses (e.g., “I already bought it” with fabricated receipts)
Fake tracking numbers or “customs hold” stories with no verifiable basis
Sudden disappearance after receiving money
Multiple victims with similar stories (pattern evidence)

Where to file:

Office of the City/Provincial Prosecutor (for inquest/regular complaint)
You may also coordinate with PNP Anti-Cybercrime Group or NBI Cybercrime when the scheme is primarily online, especially with multiple victims or cross-border elements.

B) Online dimension: cybercrime considerations

If the fraud was committed using online platforms, devices, or electronic communications, the case may also involve cybercrime-related procedures and digital evidence handling. This matters for:

Preserving metadata where possible
Linking accounts to the suspect
Subpoenaing platform/bank/e-wallet records through proper process

C) Checks and “post-dated check” refunds

If the pasabuy agent issues a check that bounces, this can trigger criminal exposure under the bouncing checks regime, aside from civil collection.

D) What prosecutors look for

To avoid a complaint being treated as “purely civil,” your evidence should show:

The deceit existed at the start (or misappropriation of funds held for a specific purpose)
You relied on the deception in paying
You suffered damage (loss of money)

A mere failure to deliver, without deception, can be framed as civil breach—so details matter.

6) Administrative/consumer remedies (DTI and related options)

A) When consumer protection applies

If the pasabuy agent is effectively operating as an online seller/business—regularly taking orders, charging service fees, marketing to the public—consumer and trade regulation mechanisms are more relevant.

Possible avenues:

DTI consumer complaint for unfair/deceptive sales acts, non-delivery, non-refund issues in a commercial context
Local business enforcement (if operating without permits), depending on facts and locality

A DTI route can be useful to pressure compliance, create an official record, and encourage settlement—especially for repeat sellers.

B) If it’s purely a one-off personal favor

DTI may be less central if the arrangement is clearly private and isolated. Civil/criminal routes become primary.

7) Common defenses you should anticipate

A pasabuy agent may argue:

“No fixed delivery date” / “Estimated only”
“Force majeure” (flight cancellation, supply issues, customs/courier delays)
“Client changed specs” or “Client was unresponsive”
“Loss in transit” (courier fault)
“Refund not agreed” (but refusal to return money after failure may still be actionable depending on terms and fairness)

How to counter:

Point to specific promises in chats (dates, assurances)
Show your compliance (paid on time, provided correct details)
Demand proof of alleged loss or purchase (authentic receipts, courier case references)
Emphasize unreasonable delay + refusal to refund as evidence of bad faith

8) Evidence checklist: what wins pasabuy disputes

Strong evidence includes:

Clear “offer + acceptance” messages
Confirmation of price breakdown (item price, fee, shipping)
Proof of payment matching the seller’s stated account details
Repeated follow-ups and the seller’s admissions (“I can’t refund,” “I used it,” “next week,” etc.)
Proof of identity links: same name used in bank account, e-wallet, delivery address, and social profiles
Other complainants’ affidavits (for fraud pattern), when available and lawful

Avoid:

Public shaming posts that risk defamation exposure
Threats or harassment that undermine your credibility

9) Where to file: practical venue guide

Civil (small claims/regular civil)

Typically where the defendant resides or where the transaction occurred, subject to rules.
If barangay conciliation is required, start at the proper barangay level.

Criminal (estafa and related offenses)

Where the deceit happened, where payment was made/received, or where damage occurred—venue can be fact-dependent in online transactions.

If you’re unsure, victims often start with:

Local prosecutor’s office for guidance on jurisdictional filing, and/or
Cybercrime units for online tracing support (especially when identities are unclear)

10) Time limits (prescription) you should keep in mind

Delays can weaken cases:

Evidence becomes harder to authenticate
Accounts get deleted
Recovery becomes less likely

Different actions have different prescriptive periods depending on the exact cause of action and charge. As a practical rule in pasabuy disputes: act quickly, send a demand early, and file while evidence and account trails are still retrievable.

11) Special issues unique to pasabuy

A) Imported items, customs, and legality risks

Some pasabuy arrangements involve cross-border purchases. Problems arise when:

Parties agree to undervalue goods or avoid duties
Items are restricted/prohibited
The agent’s import method is questionable

This can complicate disputes because:

The agent may use “customs issues” as a stalling tactic, but
There may also be genuine regulatory risks depending on the goods and method

Even if customs issues are real, the core civil question remains: What did you agree on about risk of delay, seizure, duties, and refunds? If the agent assumed responsibility for delivery, prolonged non-delivery and refusal to refund can still be actionable.

B) “Downpayment” vs “full payment” vs “deposit”

Sellers often label payments as “non-refundable downpayment.” In disputes, what matters is:

Was it truly a downpayment with clear cancellation terms?
Did the seller act in good faith and actually procure the item?
Is the forfeiture unconscionable given the facts?

Labels help but don’t automatically defeat refund claims—context and proof matter.

C) Middlemen and layered pasabuy chains

Sometimes the person you paid claims they were just a middleman and blames another supplier. Your legal options may include:

Proceeding against the person you paid (your direct contractual counterparty), and
If evidence supports it, adding other responsible parties in appropriate proceedings

12) Practical strategy map (what most people do)

If your goal is fastest refund and amount is straightforward

Evidence compilation
Demand letter with deadline
Barangay conciliation (if required)
Small claims for collection

If facts strongly indicate a scam or multiple victims

Evidence compilation (include pattern evidence)
Demand letter (optional but helpful)
File criminal complaint (estafa-related) with prosecutor
Consider coordinating with cybercrime units for tracing and consolidation of victims

If the seller is a recurring online business

Evidence compilation
Demand letter
Consider DTI complaint alongside civil/criminal steps when appropriate

13) Prevention: contract terms that reduce pasabuy risk (for future transactions)

If you still do pasabuy deals, insist on:

Written terms (even in chat) on:
- exact item specs
- delivery date (or delivery window)
- refund triggers and timelines
- who bears courier/customs risk
- what proof of purchase will be provided
Verified identity:
- matching name across ID, bank/e-wallet account, and delivery details
Partial payment structure:
- small reservation fee + balance upon proof of purchase or arrival
Use payment methods with better dispute trails where possible
Avoid deals that demand urgency + secrecy + full upfront payment with no accountability

14) Key takeaways

A pasabuy dispute is usually either breach of contract (civil), fraud/estafa (criminal), or both depending on the presence of deception or misappropriation.
The most effective remedies often start with evidence preservation and a formal demand, then proceed to barangay conciliation (when required) and small claims for straightforward refunds.
For scam-like behavior, a criminal complaint supported by proof of deceit and a clear money trail is often appropriate.
Administrative remedies (like consumer complaints) are most relevant when the pasabuy operator functions as a business rather than a one-off personal favor.