Romance Scam in the Philippines: Legal Remedies and How to File an Estafa Case

This guide explains how Philippine law treats “romance scams,” the remedies you can pursue (criminal, civil, administrative), what evidence to gather, and a practical, step-by-step path to filing an estafa case. It’s general information, not a substitute for advice from your own lawyer.

What is a “romance scam”?

A romance scam happens when someone builds a (usually online) relationship and, through deceit, induces the victim to send money, property, credentials, or intimate content, or to invest in bogus opportunities. Typical patterns include:

Catfishing/false identity (using stolen photos, fake names, fabricated backstories).
“Emergency” money requests (medical bills, customs fees, airfare).
Investment or “pig-butchering” schemes dressed up as couple goals (crypto/forex “mentoring” by the new partner).
Parcel/lottery/military scams (fees for packages or clearance papers).
Sextortion (obtaining intimate images or video, then threatening to publish unless paid).

Legally, the “romance” label doesn’t soften the conduct. If deceit caused you to part with money/property, or suffer quantifiable loss, estafa (swindling) under the Revised Penal Code (RPC) and related cybercrime or special laws may apply.

Core Criminal Ground: Estafa (Swindling)

Estafa (Art. 315, RPC) punishes deceit that causes damage. In romance scams, the most common modes are:

By false pretenses or fraudulent acts (e.g., pretending to be a different person, inventing emergencies or business opportunities) committed prior to or simultaneously with the transfer, and which you relied on; and
By misappropriating money or property received in trust (e.g., you remitted funds for a specific purpose—airfare, medical procedure, investment—then the recipient converted it to personal use).

Elements to prove (keep these in mind as you gather evidence):

Deceit (fraudulent representation/act).
Reliance on that deceit (why you sent funds/data).
Damage capable of pecuniary estimation (amounts you sent, fees, losses).

Penalty note: Estafa penalties scale with the amount defrauded and were recalibrated by later laws. Courts compute both the principal penalty and incremental penalties based on the total damage. Your prosecutor/lawyer will compute the exact range.

Other Possible Criminal Offenses (Often Charged Together)

Computer-Related Fraud/Identity Theft under the Cybercrime Prevention Act: where deceit or identity takeover used ICT (apps, social media, e-wallets, exchanges).
Violations of the Access Devices Regulation Act (credit cards, e-wallet hijacking, SIM/e-mail compromise).
Sextortion toolset (when intimate content is involved):
- Anti-Photo and Video Voyeurism Act (non-consensual creation/distribution of private images).
- Grave threats/grave coercion (threats to publish unless paid).
- If a minor is involved: child protection laws with much heavier penalties.
B.P. 22 (bouncing checks), if checks are involved.
Violence Against Women and Their Children (VAWC): If the victim is a woman and the scammer counts as a dating partner, some forms of economic or psychological abuse can qualify; this unlocks Protection Orders in addition to criminal prosecution.

Civil Remedies (Money Recovery)

You can pursue civil remedies alongside or separate from the criminal case:

Civil liability ex delicto within the criminal case (restitution, reparation, damages).
Independent civil action for fraud under the Civil Code (rescission/annulment of contracts induced by fraud; damages).
Unjust enrichment or sum of money suits when appropriate.
Provisional remedies to secure assets:
- Preliminary attachment (Rule 57) to tie up defendant assets at the start.
- Preliminary injunction/TRO in narrowly-tailored circumstances.

Prescription (deadlines): Actions based on fraud generally prescribe in 4 years from discovery (civil). Criminal prescription for estafa varies with the applicable penalty. Consult counsel promptly to protect timelines.

Administrative & Regulatory Channels

PNP Anti-Cybercrime Group (ACG) or NBI Cybercrime Division: for investigations, digital preservation, takedowns.
Financial sector regulators (depending on where the money moved):
- BSP (banks/e-wallets), SEC (investment/“trading” pitches), Insurance Commission (if insurance angles).
- The Financial Products and Services Consumer Protection Act strengthens complaint handling and redress with regulated entities.
AMLC (Anti-Money Laundering Council): law enforcement can seek freeze/monitoring of related accounts where legal thresholds are met.

Jurisdiction & Where to File

Estafa venue: where any element occurred—where deceit was committed (e.g., you received/read the false message) or where damage was suffered (often your city of residence where you sent the money).
Cybercrime rules are broader: cases may be brought where any element occurred, where the computer system/data is located, or as otherwise provided by law.
If the offender is abroad: Philippine authorities can still investigate; cross-border MLAT/Interpol processes may be needed for arrest or asset restraints, and recovery becomes harder. File anyway to create a case record and enable cooperation.

Evidence: What to Preserve and How to Prove It

Digital evidence is admissible under the Rules on Electronic Evidence if properly authenticated. Build a clean, chronological package:

A. Identity & relationship context

Your government ID; screenshots of profiles, handles, and any KYC data you obtained.
Photos/videos sent; note original file metadata when possible.

B. Deceit & reliance

Full chat logs (not cherry-picked), including headers/time stamps and profile URLs.
Voice/video calls: call logs, screen recordings, or contemporaneous notes.

C. Money trail (damage)

Bank transfer proofs, e-wallet receipts (GCash/PayMaya, etc.), remittance slips, crypto transaction hashes and exchange account statements.
Shipping/parcel documents if “package fee” scams.

D. Corroboration

Witness affidavits (friends/family who observed the requests or your transfers).
Any prior warnings/advisories you received and ignored (include for completeness).

E. For sextortion

Copies of threats; links, usernames, and the channels used; do not circulate the intimate media further.

Best practices

Export raw data (e.g., “Download your data” from platforms). Save PDFs and native files.
Keep a master chronology (date, event, amount, reference number, link).
Avoid “editing” screenshots; annotate copies only.
Maintain chain of custody: when and how each item was captured.

Step-by-Step: Filing an Estafa Case (Criminal)

Secure the money trail immediately
- Notify your bank/e-wallet/exchange in writing; ask for temporary holds or trace requests.
- Change passwords; enable MFA; secure your SIM/e-mail.
Blotter/report
- File a police blotter or NBI complaint (helps with banks and later AMLC actions).
Prepare a Complaint-Affidavit
- Contents:
  - Your identity and contact details.
  - Clear timeline of the relationship and deceit (who, what, when, where, how).
  - Specific false statements/acts you relied on.
  - Amounts sent (attach proof) and total damage.
  - Laws violated (estafa; plus any cybercrime/other special laws that fit).
  - Prayer (what you want: criminal prosecution, issuance of subpoenas, preservation orders).
- Attach Annexes: evidence index with labeled exhibits (A, A-1, …).
- Subscribe (swear) the affidavit before a prosecutor or authorized officer.
File with the Office of the City/Provincial Prosecutor
- File where venue lies (see “Jurisdiction & Venue”). Many offices accept electronic filing, but walk-ins are common.
Preliminary Investigation
- Prosecutor issues subpoena to respondent with your complaint and annexes.
- Respondent files counter-affidavit; you may file a reply (and they a rejoinder).
- Prosecutor issues a Resolution: file Information (charge) in court or dismiss.
If filed in court
- Warrant of arrest (or summons) may issue; estafa is generally bailable (amount depends on the charge).
- Arraignment → Pre-trial → Trial.
- You testify; evidence is presented; the court decides guilt and civil liability.

Tip: You can pursue a separate civil case (or reserve it) if that better suits your strategy. If you include civil claims in the criminal case, be ready with documents to prove the exact amount of loss.

Sample Complaint-Affidavit Outline (Guide)

Affiant’s Identity
Introduction: Nature of the complaint (Estafa and related offenses).
Narrative of Facts (chronological; cite annex labels when referring to evidence).
Elements Matched to Facts (deceit, reliance, damage).
Legal Bases (Articles/Acts invoked).
Reliefs Sought (filing of Information, issuance of subpoenas to banks/telcos, preservation orders).
List of Annexes (A: chat export, B: bank proof #1, C: wallet receipt #1, etc.).
Verification and Attestation (subscribed and sworn).

Freezing Funds & Asset Tracing

Banks/e-wallets/exchanges can flag accounts upon request from law enforcement; quick reporting increases the chance that funds still in the system are held.
AMLC freeze: With proper law-enforcement referral, AMLC can seek freeze orders over accounts linked to the unlawful activity.
Chargebacks (credit cards): Possible via your issuer’s dispute process when criteria are met; submit the police/NBI report and all proofs.
Crypto: Provide TX hashes, exchange account IDs, and KYC info you have; ask the exchange’s fraud team to tag addresses; law enforcement letters help.

Special Situations & Alternative/Additional Remedies

Sextortion: In addition to estafa for the money part, consider Voyeurism, Grave Threats, and cyber provisions. Ask prosecutors for takedown requests and preservation orders to platforms.
Women in dating relationships: Consider VAWC complaints for Protection Orders (Barangay/Temporary/ Permanent), covering no-contact, residence exclusion, and support orders.
Minors: If the victim is under 18, child-specific laws apply; report urgently.
Defamation risk: Avoid public posts naming the suspect; cyber libel is a real counter-risk—let the criminal process do the naming.

Common Defenses (and How to Counter)

“It was a gift.” → Show inducement: messages promising repayment/benefits; earmarking funds for a specific purpose; timing of requests; pattern across victims.
“No deceit.” → Highlight use of stolen identities, fabricated documents, contradictory stories, emergency-pattern scripts.
“No damage.” → Prove actual transfers, fees, opportunity losses (e.g., liquidation penalties).
“Wrong venue.” → Establish the city where deceit was received or damage occurred and where transfers originated.
“Consensual sharing of images.” (sextortion) → Consent to create/share is not consent to publicly distribute or to extort.

Practical Checklist

Export entire chat history (native download + PDF).
Gather IDs/profiles/handles of the scammer; note URL/usernames.
Compile bank/e-wallet/crypto proofs with totals table.
Prepare a chronology with dates, times, amounts, and references.
File blotter and NBI/PNP report; keep reference numbers.
Draft and subscribe your Complaint-Affidavit with annexes.
File at the City/Provincial Prosecutor with venue.
Pursue bank/exchange holds and regulatory complaints in parallel.
Consider preliminary attachment in a civil case to secure assets.
Maintain digital hygiene (MFA, SIM security, password resets).

FAQs

Can I file even if I never met them in person? Yes. Online deceit that caused you to send money can be estafa. Cybercrime provisions often apply.

What if I willingly sent the money? Consent vitiated by deceit is still actionable. Your evidence must show you sent money because of specific false statements/acts.

Do I need to know their real name? No. File with what you have. Law enforcement can subpoena platforms, banks, e-wallets, and telcos for KYC logs.

Can I get my money back through the criminal case? Courts can order restitution upon conviction. You can also sue civilly (or consolidate the civil aspect with the criminal case). Asset freezes/holds improve recovery odds.

How long does this take? Timelines vary widely; focus on immediate preservation (banks/platforms) and filing your complaint promptly to protect rights.

Final Notes & Safeguards

Don’t negotiate with extortionists; keep communications only to preserve evidence.
Don’t pay “recovery fees.” These are common follow-on scams.
Be careful with public accusations to avoid counter-claims.
Consult counsel—especially for strategy on venue, combining criminal and civil actions, and provisional remedies to secure assets.

Need a clean template to start?

If you want, I can generate a fillable Complaint-Affidavit template and an evidence index table you can adapt to your facts.