Report Online Fraud to the NBI: A Step-By-Step Legal Guide (Philippine Context)

IMPORTANT NOTICE: This article is for general information only and does not constitute legal advice. Cyber-fraud cases can be fact-sensitive; consult a lawyer or the National Bureau of Investigation (NBI) for guidance on your specific situation.

1. Why the NBI?

Relevant law	Key takeaway
Republic Act No. 157 (NBI Charter) and subsequent amendments	Gives the NBI nationwide authority to investigate crimes, including cyber-offences.
Republic Act No. 10175 (Cybercrime Prevention Act of 2012)	Recognises “computer-related fraud” (Art. 4 §2) and empowers law-enforcement to preserve, seize and examine electronic evidence.
Rule on Electronic Evidence (A.M. No. 01-7-01-SC)	Establishes admissibility standards for screenshots, emails, chat logs, etc.
Revised Penal Code, Art. 315 (Estafa) and Art. 318 (Other Deceits)	Still apply when fraud is committed online.

The NBI’s Cybercrime Division (CCD) and Anti-Fraud Division (AFD) are specially equipped with digital forensic laboratories, subpoena power, and inter-agency links (e.g., Bangko Sentral ng Pilipinas, PNP Anti-Cybercrime Group, ISPs, e-wallet providers).

2. What Kinds of Online Fraud Can Be Reported?

Typical scheme	Examples
E-commerce scams	“Bogus seller/buyer” on Facebook Marketplace, Shopee, Lazada, Carousell, etc.
Phishing & account take-overs	Fraudulent emails or SMS that harvest OTP codes, GCash/PayMaya log-ins.
Investment & cryptocurrency fraud	Ponzi-type “double your money” pages, fake trading platforms.
Credit-card skimming / card-not-present fraud	Unauthorised online purchases charged to your card.
Romance or “catfishing” scams	Long-distance relationships ending in extortion or theft.
Business-email compromise (BEC)	Fake “vendor” invoices causing corporate fund diversion.

If the conduct happened partly abroad, the NBI may still assume jurisdiction (RA 10175 §21) because the “computer system” is located in the Philippines and/or the complainant is Filipino.

3. Before You File: Preserve and Organise Your Evidence

Take screenshots or screen-recordings immediately. Include the full URL bar, account handle, time-stamps, and, if possible, the browser’s certificate details.
Download original files. Chat logs (Messenger JSON export, Viber ZIP, WhatsApp “export chat”), emails (.eml), transaction receipts.
Secure financial records. Bank or e-wallet statements showing debits/credits, reference numbers, inter-bank fund transfer slips.
Draft a concise chronology. Date, platform, persona name, amount lost, how the fraud unfolded.
Prepare at least two (2) government-issued IDs.
Arrange notarisation (if you want to arrive with a pre-notarised complaint-affidavit; otherwise an NBI lawyer/agent can administer the oath on-site for a small documentary stamp tax).

Tip: Do not alter the native files. Courts prefer original metadata to prove authenticity under Section 2, Rule on Electronic Evidence.

4. Step-By-Step Filing Procedure

Stage	What happens	Practical pointers
A. Initial Contact	• Walk-in at the NBI Headquarters (Taft Ave., Manila, Gate 4) or any NBI Regional Office with a Cybercrime or Anti-Fraud Desk. • Email/online channels also exist (e.g., ccd@nbi.gov.ph, nbi.gov.ph/complaint-form); follow-ups are still in-person for affidavit-swearing.	Bring printed & digital copies (USB/DVD) of your evidence.
B. Interview & Assessment	An agent reviews jurisdiction, completeness of documents, and immediate preservation needs.	Be ready to explain venue (where any element of the offence or damage occurred) so the case is docketed correctly.
C. Execution of Complaint-Affidavit	• Fill out NBI Investigation Data Sheet (IDS Form No. 5). • Swear to a detailed Complaint-Affidavit describing: parties, facts, elements of the crime, laws violated, relief sought.	Attach labelled annexes: “Annex A – Screenshot of fraudulent post,” etc.
D. Filing & Docketing	Your papers are stamped, given a NBI-CCD Case Control Number.	Request a receiving copy for your records.
E. Digital Forensic Preservation	Agents may clone devices, obtain hashes, or issue Preservation Requests to ISPs/banks under RA 10175 §14 (valid for 90 days, renewable).	Cooperate promptly; delay risks data loss or jurisdictional problems.
F. Subpoena & Clarificatory Steps	NBI may summon the suspect (Sec. 1(b), RA 157) or witnesses; serve Subpoena Duces Tecum on telcos, e-wallets, marketplaces.	You might be asked to authenticate screenshots in person or via video conference.
G. Evaluation & Referral to Prosecutor	Once evidence is sufficient, NBI files a Transmittal & Investigation Report to the DOJ for inquest (if suspect arrested) or preliminary investigation.	Monitor your email/SMS; you will receive subpoenas to submit a Counter-Affidavit if you are the respondent, or notices to affirm your complaint if you are the victim.
H. Filing of Information & Trial	If probable cause is found, the prosecutor files an Information in the designated Cybercrime Regional Trial Court (§21, RA 10175; A.M. No. 03-03-03-SC, as amended).	You may pursue restitution or damages via the criminal action (Art. 100, RPC) or a separate civil case.

Average timeline: 2 – 6 months from filing to prosecutor resolution, but complex cross-border cases may run longer.

5. Costs & Attorney Assistance

Item	Typical cost	Notes
Complaint-Affidavit notarisation (in-house)	₱30 documentary stamp	May vary by office.
ID photocopies, USB/DVD	₱50 – ₱200	Dependent on volume.
Legal representation	Varies	Not mandatory at NBI, but advisable for follow-up filings or settlement negotiations.
Court filing fees (civil aspect)	Based on claim amount	Payable only when suit is filed in court.

The NBI itself does not charge investigation fees; its mandate is funded by the national budget.

6. After You File: What to Expect

Status updates: Keep your case number; follow up every 30-45 days.
Mediation offers: Some accused may offer restitution. Accept only through documented settlement; withdrawal of complaint does not erase criminal liability once the prosecutor files the Information.
Victim protection: You may request identity confidentiality (RA 10175 §14) and protective measures under the Witness Protection Program (RA 6981) if threats arise.
Asset tracing & freezing: The NBI may coordinate with the Anti-Money Laundering Council (AMLC) for freeze orders on suspect bank/e-wallet accounts (Rule in AMLC Petitions, A.M. No. 21-12-01-SC).

7. Common Pitfalls and How to Avoid Them

Late reporting: Digital evidence may be overwritten after 30-90 days by default retention policies.
Editing screenshots: Cropped or annotated images can be challenged; keep originals and provide a separate “highlighted” set if needed.
Forum-shopping confusion: Some victims file simultaneously with the PNP-ACG and NBI; choose one to avoid duplicate subpoenas.
Public disclosure: Posting ongoing case details on social media can constitute sub judice or prejudice settlement.

8. Frequently Asked Questions

Question	Short answer
Is reporting online fraud to the NBI free?	Yes. Only minimal notarisation/documentary stamp fees apply.
Do I need a lawyer?	Not to file, but legal counsel improves affidavit quality and protects your rights during subpoenas or settlement.
Are screenshots admissible?	Yes, if authenticated per Rule on Electronic Evidence (hash value, testimony, or metadata).
Can I report anonymously?	The NBI requires the complainant’s identity; anonymous tips may trigger motu proprio investigation but lack standing for restitution.
What if the scammer is abroad?	NBI uses Mutual Legal Assistance Treaties (MLAT) and INTERPOL channels; local asset recovery may still be possible if money passed through Philippine banks/e-wallets.
Time limit (prescription)?	Estafa: 20 years (Art. 90, RPC). Cyber-fraud inheriting pen alty of estafa follows the same. File as soon as practicable.

9. Template Outline: Complaint-Affidavit

Heading: “Republic of the Philippines, National Bureau of Investigation, Cybercrime Division.”
Complainant’s Personal Circumstances: Name, age, civil status, address, contact.
Respondent’s Details: Real name (if known), alias, online handle, address (if known).
Statement of Facts: Chronological narration with numbered paragraphs.
Legal Basis: Cite RA 10175, Art. 315 RPC, etc.
Prayer: Request investigation, filing of criminal Information, and preservation of electronic evidence.
Verification & Certification against Forum Shopping (optional for NBI but useful if later filed in court).
Signature & Oath: Sworn before an NBI agent or notary.

Attach annexes sequentially labelled “A,” “B,” etc. Include a USB labelled “Digital Annex A” containing raw files (hash values listed in an inventory sheet).

10. Other Agencies You May Need

Scenario	Also notify
Stolen credit-card or debit-card funds	Bank’s fraud department (for charge-backs) and BSP Consumer Protection & Market Conduct Office.
Data-privacy breach	National Privacy Commission (NPC) within 72 hours (NPC Circular 16-03).
Pyramid or securities scam	Securities and Exchange Commission (SEC) Enforcement and Investor Protection Department.
Large-scale consumer fraud > ₱5 million	Department of Trade and Industry – Fair Trade Enforcement Bureau (FTEB).

11. Key Contact Details*

Office	Phone	Email / URL
NBI Cybercrime Division (CCD)	(02) 8523-8231 loc 3552	ccd@nbi.gov.ph
NBI Anti-Fraud Division (AFD)	(02) 8523-8231 loc 1145/1146	afd@nbi.gov.ph
NBI Online Complaint Form	—	nbi.gov.ph/complaint-form
NBI Trunkline (Headquarters)	(02) 8523-8231	—

*Numbers/emails may change; verify on the official NBI website or Facebook page (@nbi.gov.ph) before filing.

12. Conclusion

Reporting cyber-fraud promptly and methodically maximises the chances of recovering funds and prosecuting offenders. The NBI offers a clear, cost-effective process—provided you arrive with well-preserved electronic evidence and a coherent affidavit. Stay vigilant online, and when in doubt, seek professional help early.