Reporting Scams to Philippine Authorities from Abroad

A practical‑legal guide for overseas Filipinos and foreign complainants (updated July 2025)

1. Why This Matters

Online fraud, investment pyramids, romance scams, and illicit e‑commerce schemes often span borders. Philippine law expressly recognizes extraterritorial jurisdiction over many scams—especially those committed through information and communication technologies (ICT)—so victims living outside the country can (and should) pursue remedies at home and in the Philippines.

Key takeaway: Physical presence in the Philippines is not a prerequisite to trigger Philippine criminal, civil, banking‑regulatory, or consumer‑protection processes.

2. Legal Foundations

Legal Source	Core Provisions for Overseas Complainants
Revised Penal Code (RPC), Art. 2 & Art. 315 (Estafa)	Allows prosecution of certain crimes “committed outside the Philippine archipelago but having effects therein”; classic fraud/estafa elements apply.
Cybercrime Prevention Act of 2012 (RA 10175)	Grants extraterritorial jurisdiction when (a) any element of a cyber‑offense, (b) any digital infrastructure, or (c) any damage is in the Philippines—plus a 10‑year prescriptive period.
E‑Commerce Act (RA 8792)	Recognises electronic documents/e‑signatures; estafa via e‑commerce is a distinct crime.
Access Devices Regulation Act (RA 8484)	Covers credit‑card, debit‑card, and payment‑app fraud; banks must cooperate with the National Bureau of Investigation (NBI).
Anti‑Money Laundering Act (RA 9160, as amended)	Allows the Anti‑Money Laundering Council (AMLC) to trace and freeze scam proceeds even when accounts are overseas, via Mutual Legal Assistance (MLA).
Financial Products and Services Consumer Protection Act (RA 11765, 2022)	Empowers Bangko Sentral ng Pilipinas (BSP) and Securities & Exchange Commission (SEC) to adjudicate complaints and to order restitution; written complaints can be filed electronically.
Mutual Legal Assistance Treaties (MLATs) & Extradition Treaties	The Department of Justice (DOJ)–Office of Cybercrime coordinates MLA requests; 16 bilateral extradition treaties + ASEAN Treaty on MLA in Criminal Matters.
Rules on Electronic Evidence (A.M. No. 01‑7‑01‑SC)	Filipino courts accept screenshots, logs, blockchain records, certified by a competent witness or through affidavits executed before a Philippine consul.

3. Competent Philippine Authorities & Their Online Portals

Agency	Scope	Where & How to Report from Abroad
NBI – Cybercrime Division	All Internet‑based fraud, phishing, investment or “love” scams, SIM swap	NBI Complaint and Information System (CIS): https://ecybercrime.nbi.gov.ph (uploads up to 20 MB per file).
PNP – Anti‑Cybercrime Group (ACG)	Offenses under RA 10175 & RA 8792; operates Digital Forensic Labs	e‑Complaint Portal & dedicated Facebook page “PNP ACG”.
SEC – Enforcement and Investor Protection Department (EIPD)	Unlicensed investment solicitations, pyramid schemes, forex/crypto offerings	e‑mail a notarized complaint to epd@sec.gov.ph; attach proof of remittances.
Bangko Sentral ng Pilipinas – Consumer Protection and Market Conduct Office	Bank account takeover, unauthorized transfers, e‑wallet fraud	BSP Online Complaints Portal (OComP) or e‑mail consumeraffairs@bsp.gov.ph.
AMLC	Laundering of scam proceeds, asset freezing	Submit Suspicious Transaction Report (STR) via covered bank or through your lawyer; MLA requests routed by DOJ.
Department of Justice – Office of Cybercrime (DOJ‑OOC)	Central MLA authority; oversees cyber‑warrant applications	Formal requests via your home country’s central authority or through Philippine embassy.
Philippine Embassies / Consulates	Notarization of affidavits, initial triage, forwarding of complaints	Visit the Consular Section; oath free of charge under RA 8239 (Foreign Service Act).

(Agency URLs change occasionally; verify on the embassy website before filing.)

4. Step‑by‑Step Filing Process

Preserve Evidence Immediately
- Take dated screenshots (include URL bar), export e‑mails in .EML, download chat logs, save blockchain transaction IDs, and secure any shipment receipts.
- If the platform supports it (e.g., Facebook, WhatsApp), request an account data download to capture service‑provider‑generated metadata.
Draft a Sworn Affidavit of Complaint
- Narrate events in chronological order.
- Identify all respondents by real name, screen name, phone, bank account, or crypto wallet.
- Attach annexes: proofs of payment, correspondence, ID, and proof of residence abroad.
Consular Authentication
- Appear at the nearest Philippine Embassy/Consulate.
- Execute the affidavit before the Consul, who acts as a notary—a “jurat” under Philippine rules.
Electronic Submission
- Upload the notarized affidavit and annexes to the agency portal or e‑mail (PDF, max 10 MB per message if portal size is limited).
- Use end‑to‑end encrypted file‑transfer services if documents exceed portal limits; indicate download link in the e‑mail.
Tracking & Follow‑Up
- Agencies issue a Reference Control Number (RCN). Keep it.
- If no acknowledgment in 15 working days, e‑mail the tasking officer or escalate to the agency director, copy the consulate.
Parallel Civil Action / Asset Tracing
- Through counsel in the Philippines, file a civil case for rescission or damages; a verified complaint may be filed even while abroad via e‑mail (2020 Interim Rules on E‑Service).
- Seek writ of preliminary attachment to secure bank deposits or property.

5. Jurisdictional & Procedural Nuances

Issue	Practical Guidance
Extraterritorial reach of RA 10175	At least one element—the server, victim, or damage—must be “within” PH. If the scammer and victim are both overseas but funds transit a Philippine bank, jurisdiction is triggered.
Venue (where to file the case)	Rule 110, Sec. 15: where any element occurred or where the complainant resides. Overseas complainants may choose the Regional Trial Court of Manila (most common) or Quezon City.
Prescriptive periods	Estafa > ₱12,000: 10 years; cyber‑offenses: 10 years; violations of RA 8484: 12 years; investment schemes under Securities Regulation Code: 5 years from discovery.
Bail & Hold‑Departure Orders (HDOs)	Prosecutor may move for an HDO once information is filed. Immigration will flag the defendant’s passport.
Mutual Legal Assistance (MLA)	DOJ‑OOC issues letters rogatory / MLA requests for foreign evidence seizure; average processing: 3‑6 months. Urgent preservation requests can be sent under the Budapest Convention (Philippines acceded 2018).
Extradition	Available if (a) treaty exists and (b) max penalty is ≥ 1 year. Estafa, cyber‑fraud, and money laundering meet this threshold.
Special Rules for OFWs	Philippine Overseas Labor Offices (POLO) can notarize affidavits gratis. Migrant Workers Offices (RA 11641, 2021) can liaise with NBI.

6. Evidence Tips that Make or Break Your Case

Link the scammer to a Philippine‑based asset (G‑Cash wallet, BPI account, delivery address).
Capture IP headers in e‑mails (Show Original in Gmail) before forwarding.
Use blockchain explorers to show token movement; print the hash and URL.
Request bank recall within 24 hours—banks are obliged to attempt recovery (BSP Memo 2023‑009).
Have at least one transaction record apostilled to remove doubts on authenticity abroad.

7. Common Roadblocks—and How to Overcome Them

Roadblock	Mitigation
Agency silence / backlog	Follow up through the Consulate’s Assistance‑to‑Nationals (ATN) desk; they can “chase” the prosecutor.
Scammer in a non‑treaty state	File case in PH anyway; obtain Red Notice via Interpol through NBI.
Digital evidence rejected as “hearsay”	Use the Rules on Electronic Evidence + witness certification under Sec. 2, Rule 11 (expert testimony).
Bank invokes secrecy laws	Serve a Subpoena Duces Tecum after information is filed; AMLC can compel disclosure under Sec. 11 RA 9160.
Statute nearly lapsing	File with law enforcement first (interruption of prescriptive period), then perfect the complaint affidavit later.

8. Private‑Sector Remedies & Preventive Options

Chargeback / Dispute with credit‑card issuer (Visa/MC rules give 120 days).
E‑commerce platform notice‑and‑takedown (Shopee, Lazada, Facebook Marketplace).
Small Claims (< ₱1 million) via videoconference under A.M. No. 08‑8‑7‑SC (as amended 2023).
Insurance & Cyber‑Fraud Endorsements in some OFW remittance policies.

9. Sample Consular Affidavit Opening

“I, [Name], Filipino, of legal age, presently residing at [Overseas Address], after having been duly sworn to in accordance with Philippine law, depose and state: (1) On 15 March 2025 I was lured into investing ₱250,000 through the mobile app ‘XYZ’, operated by [Respondent], G‑Cash Account No. 09xx‑xxx‑xxxx…”

(Full template available upon request.)

10. Recent & Upcoming Developments (as of July 2025)

SIM Registration Act (RA 11934, 2023)—mandatory KYC links mobile numbers to ID; law enforcement may subpoena telcos within 72 hours.
Anti‑Online Sexual Abuse and Exploitation of Children (OSAEC) Act (RA 11930)—although OSAEC‑specific, it pioneered Real‑Time Capture Orders now used in fraud cases.
BSP Circular No. 1175 (2024)—all “VASP‑to‑bank” transfers must include originator and beneficiary data (Travel Rule).
e‑Notarization Rules (effective January 2025)—allows Philippine e‑notaries to accept remote signatories abroad if video recorded and identity verified; reduces consular backlog.

11. Practical Checklist

□ Preserve digital evidence (hash and timestamp).
□ Draft affidavit; prepare IDs and payment proofs.
□ Consular oath or e‑notarize.
□ File electronically with NBI/PNP/SEC/BSP (use RCN).
□ Seek bank recall & platform takedown.
□ Engage PH counsel for civil action & attachment.
□ Schedule periodic follow‑ups (15, 30, 60 days).

12. Final Thoughts & Disclaimer

Reporting fraud from overseas is procedurally heavier than walking into Camp Crame or NBI Taft, but Philippine law already provides clear extraterritorial hooks, digital‑evidence rules, and robust MLA channels. Diligent evidence preservation, consular notarization, and persistent follow‑up dramatically increase the odds of prosecution and restitution.

This article is for informative purposes only and does not constitute legal advice. For case‑specific guidance, consult a Philippine‑licensed lawyer.

Reporting Scams to Philippine Authorities from Abroad