Pursuing a Fraud Case Against a Person in the Philippines from the UAE (Philippine Context)

This article offers general information on Philippine law and procedure. It is not legal advice. For decisions in a real case, consult counsel licensed in the Philippines (and, where relevant, the UAE).

1) What “fraud” means in Philippine criminal law

In the Philippines, “fraud” in everyday speech most often maps to estafa (swindling) under the Revised Penal Code (RPC), typically Article 315 (by means of deceit or abuse of confidence), Article 316 (other frauds), and Article 318 (other deceits). Depending on the conduct, related or alternative charges may include:

Falsification/Forgery (e.g., falsified receipts, IDs, or contracts).
Theft (if property was taken without consent and without deceit as an element).
Cybercrime-qualified offenses if the act was done through a computer system, social media, online marketplace, messaging apps, or email (e.g., cyber estafa via the Cybercrime Prevention Act).
Violations under e-commerce or special laws (e.g., unauthorized access, device or data interference).
Money laundering exposure when proceeds are moved through the financial system (AMLC action is possible where a predicate offense like estafa exists).

Core elements of estafa (Art. 315, RPC)

While formulations vary by paragraph, prosecutors generally look for:

Deceit or abuse of confidence (a false pretense, misrepresentation, or breach of entrustment);
Reliance on the deceit (victim was induced to part with money or property); and
Damage or prejudice (financial loss or risk of loss).

Producing documentary proof of the misrepresentations, money flows, and the victim’s reliance is crucial.

2) Jurisdiction and venue when the complainant is abroad (UAE) and the suspect is in the Philippines

Territoriality (general rule)

Criminal jurisdiction is ordinarily based on where the crime (or any essential element) occurred. For estafa, venue may lie where:

The deceit was made or communicated;
The payment/transfer was made or was supposed to be made;
The damage was suffered; or
Any essential element occurred (e.g., acceptance of funds, failure to deliver, refusal to return, etc.).

Online or cross-border conduct

For computer- or internet-based acts, Philippine courts may take jurisdiction if any element or substantial effect occurred in the Philippines—for example, where the suspect used Philippine devices/accounts, received funds in the Philippines, or where the property was delivered/should have been delivered in the Philippines. In practice, prosecutors often accept complaints if the suspect is in the Philippines and money entered Philippine accounts.

3) Your basic pathways to pursue the case from the UAE

Criminal complaint in the Philippines
- File an Affidavit-Complaint with supporting evidence before:
  - The Office of the City/Provincial Prosecutor where venue properly lies; or
  - DOJ Offices (including the Office of Cybercrime) for cyber-enabled cases; or
  - NBI (Anti-Fraud or Cybercrime Divisions) or PNP-ACG (Anti-Cybercrime Group) for investigation/endorsement.
- A Special Power of Attorney (SPA) appointing a Philippine representative is standard so your lawyer or agent can sign, receive notices, and appear for you.
Civil action for damages (in parallel or separately)
- You may reserve the right to file a separate civil action or allow it to be impliedly instituted with the criminal case. Strategic choice depends on timing, remedies (e.g., preliminary attachment to secure assets), and desired speed.
Asset-tracing and preservation
- Seek bank/account information via law enforcement and prosecutorial subpoenas.
- Consider AMLC reporting and freeze/forfeiture options where the funds appear to be proceeds of estafa (money laundering predicate). This can help prevent dissipation.

4) Evidentiary foundations (what to gather—especially from the UAE)

A. Prove the deceit, reliance, and loss

Communications: emails, chats, call logs, messages (exported with timestamps/headers).
Advertisements/Profiles: screenshots/archives of posts or listings.
Contracts/Invoices/Receipts/IDs provided by the suspect.
Proof of payment and flow of funds: bank transfer records, remittance slips, payment platform statements, crypto transaction hashes, and account ownership links.
Performance failure: delivery records, correspondence demanding performance/refund, and responses (or lack thereof).

B. Authenticity of electronic evidence

Keep original electronic files (not just screenshots). Preserve metadata and, where possible, message export files (e.g., .eml, .msg, platform exports).
Maintain a forensic chain of custody; avoid altering files.
Printouts can be used, but ensure you can produce the source if required. The Rules on Electronic Evidence allow electronic documents as functional equivalents of paper, subject to authentication (e.g., through headers, logs, device custodian, or platform certificates).

C. Documents executed in the UAE (Apostille)

Notarize your Affidavit-Complaint, SPA, and exhibits in the UAE and obtain an Apostille so they are recognized in the Philippines without further consular legalization. Attach translations if any exhibit is not in English or Filipino.

5) Step-by-step: filing a criminal complaint from overseas

Engage Philippine counsel and execute an SPA (notarized + apostilled).
Draft an Affidavit-Complaint setting out:
- Parties, timeline, specific misrepresentations, reliance, money flows, and damage;
- Applicable offense(s) (e.g., estafa by false pretenses; cybercrime-qualified if online);
- Evidence index with certified/attested copies and electronic media (USB/cloud link with hash values).
Identify the proper venue (see §2) and file with the Office of the Prosecutor (or route via NBI/PNP-ACG).
Preliminary Investigation:
- Prosecutor issues subpoena to the respondent with your attachments.
- Parties file counter-affidavits/rejoinders. If the respondent does not appear, the case can proceed ex parte.
- Prosecutor resolves probable cause. If found, an Information is filed in the trial court, which may issue a warrant of arrest.
Arrest, bail, and arraignment:
- For bailable offenses (most estafa cases), the accused may post bail and be arraigned.
Trial:
- Prosecution presents witnesses and documents (often by video-conference for overseas complainants, subject to court leave).
- Defense evidence follows. Case is submitted for decision.

Tip: If immediate asset risk exists, coordinate early for pre-charge asset measures (e.g., AMLC freeze, preliminary attachment in a civil case).

6) Penalties, thresholds, and which court hears the case

Penalties and amounts (updated by law on penalties for property offenses)

Estafa penalties scale with the amount defrauded and aggravating circumstances. As amounts increase, penalties can reach afflictive levels. This affects prescription periods and which trial court has jurisdiction:

Lower penalties → first-level courts (Metropolitan/Municipal Trial Courts).
Higher penalties (typically over 6 years possible) → Regional Trial Courts.

Your lawyer will map:

The exact amount involved,
The modalities used (which paragraph of Art. 315 applies), and
Any aggravations (e.g., use of fictitious name, multiple victims, syndicated schemes under special laws).

7) Prescription (time limits to file)

Criminal: The time limit depends on the maximum penalty for the charged offense. In many estafa scenarios this ranges from 10 to 15 years (longer for higher penalties). The clock generally starts from commission of the offense (or discovery, for certain modalities). Do not delay; consult counsel to compute precisely.
Civil: Actions for damages based on fraud often prescribe in four (4) years from discovery; other civil causes (e.g., written contracts) may have different periods.

8) Special issues in cross-border, online fraud

A. Banking secrecy and obtaining records

Philippine banks are tightly protected by bank secrecy laws, but court orders, prosecutors’ subpoenas, or AMLC actions can compel disclosure in proper cases. Provide clear trails of transfers to help the authorities focus requests.

B. Mobile wallets and payment platforms

Obtain platform certificates, KYC details of the recipient, login/device logs, and IP addresses. Cooperation levels vary; law enforcement requests carry more weight.

C. SIM registration and device attribution

Where communications came from Philippine numbers/devices, SIM registration and telco logs can help link an identity. This typically requires law enforcement request or court process.

D. Cryptocurrency

Supply transaction hashes, wallet addresses, and exchange account IDs. Philippine-based exchanges respond to law enforcement requests. AMLC may help freeze balances if traced to proceeds of estafa.

E. Immigration watchlists and travel restraint

Once a criminal Information is filed, courts may issue a Hold Departure Order (HDO) against the accused. Before filing, the DOJ may issue Immigration Lookout Bulletin Orders (ILBOs) in specific situations, but these are not travel bans.

9) Cooperation between the Philippines and the UAE

Mutual legal assistance & extradition: Whether a treaty or arrangement is in force between the Philippines and the UAE for a given measure (evidence-taking, service of process, or surrender of fugitives) must be checked at the time of your case.
- If a treaty exists: authorities can route requests via central authorities (e.g., DOJ) using treaty channels.
- If no treaty: assistance may still proceed via letters rogatory, diplomatic channels, domestic procedures, and reciprocity.
INTERPOL cooperation is possible for fugitives, but domestic charges and warrants are prerequisites.

Practical outlook: If the suspect is in the Philippines, filing the case in the Philippines is the most direct path. If the suspect is in the UAE but the crime is triable in the Philippines, expect dual-track coordination (Philippine complaint plus UAE measures for arrest/evidence), subject to current bilateral mechanisms.

10) How to structure your evidence package (from the UAE)

Affidavit-Complaint (clear chronology; identify each false statement).
Annexes:
- Communications (platform exports + screenshots with timestamps).
- Payment proof (bank/fintech/crypto records).
- Identity links (IDs provided, selfies/videos, account names, phone/email, delivery addresses).
- Demand letters and responses (or non-responses).
Technical annex (if online): explain how evidence was captured; include hash values, device info, and any third-party attestations.
SPA appointing Philippine counsel/representative (notarized + apostilled).
Certification/attestation for foreign documents (apostille; translations if needed).

11) Remedies to secure assets early

AMLC freeze petitions (for suspected proceeds of estafa).
Civil case with application for:
- Writ of Preliminary Attachment (to secure defendant’s property at the outset);
- Injunction (to stop further dissipation or continuing deceit).

These require bond and a showing of legal grounds (e.g., fraud in contracting the obligation).

12) Timelines and expectations

Investigation: weeks to months, depending on docket and completeness of your evidence.
Preliminary investigation: typically a few months; may be faster with a strong, well-organized case file.
Trial: can take longer; courts increasingly allow remote appearances for witnesses abroad, subject to court leave.

Early case-building and preservation significantly affects pace and outcomes.

13) Common pitfalls (and how to avoid them)

Venue mistakes → Identify where elements occurred; file in a proper office to avoid dismissal.
Thin proof of deceit → Document the specific misrepresentations and your reliance (e.g., “He said X on [date]; I paid Y because of X.”).
Unusable electronic evidence → Keep originals, gather headers/metadata, and maintain chain of custody.
Delay → Watch prescriptive periods; act promptly.
No local representative → Use an SPA so your case can move without your physical presence.
Asset dissipation → Move early for AMLC coordination or attachment.

14) Quick checklist for a UAE-based complainant

Philippine counsel engaged; SPA notarized + apostilled.
Affidavit-Complaint drafted with clear timeline and specific deceit.
Evidence indexed: comms, payments, IDs, delivery/address data, demands.
Electronic sources preserved (original exports + hashes).
Venue identified; Prosecutor/NBI/PNP-ACG chosen for filing.
Consider civil case with preliminary attachment.
Explore AMLC route for freeze/forfeiture.
Prepare for remote testimony or limited travel as needed.

15) Final notes

Philippine authorities routinely handle cross-border fraud with online elements. Cases are evidence-driven; the quality and organization of your submission matter as much as the legal theory.
The best first move is assembling a complete, authenticated evidence file and empowering a local representative to push the case forward.

If you want, I can draft an Affidavit-Complaint template and an evidence index tailored to your scenario (with placeholders you can fill from the UAE).