Scam Report to the PNP and NBI
A Complete Guide for Victims in the Philippines
Scope & purpose – This article explains everything a private individual or business needs to know to bring a scam, fraud, or cyber-crime complaint to the Philippine National Police (PNP) or the National Bureau of Investigation (NBI). It focuses on practical steps, legal foundations, evidence requirements, timelines, penalties, and strategic considerations. The discussion is current as of 8 July 2025 and written for non-lawyers; complex cases should still be reviewed with counsel.
1. Key Law-Enforcement Agencies
| Agency | Core Mandate for Scam Cases | Typical Use-Cases | Where to Go / How to File |
|---|---|---|---|
| PNP – Anti-Cybercrime Group (ACG) and local police stations |
Investigation of cyber-enabled or ICT-related offenses; frontline blotter entries | Online shopping fraud, phishing, e-wallet theft, romance scams, fake social-media sales | Any city/municipal police station or ACG Headquarters (Camp Crame, Quezon City) / regional ACG offices; hotline 723-0401 local 7491; e-mail: acg@pnp.gov.ph |
| PNP – Criminal Investigation and Detection Group (CIDG) | Complex syndicated frauds, estafa rings, investment pyramids | Affinity investment scams, large-scale swindling, Batas Pambansa 22 (bouncing checks) | CIDG provincial or regional field units |
| NBI – Cybercrime Division / Anti-Fraud Division | National or transnational frauds, high-value losses, cases needing advanced digital forensics | Deep-fake extortion, cross-border crypto scams, business-e-mail compromise (BEC) | NBI Main (Taft Ave., Manila) or any NBI Regional/Complaint Office; e-Complaint Online System |
| Other partners | SEC Enforcement and Investor Protection Dept. (EIPD) for unregistered investment solicitations; BSP & AMLC for account freezes; DICT-CICC for takedown of malicious sites; Barangay for preliminary mediation in small claims and consumer disputes. |
2. Legal Foundations
Revised Penal Code (RPC) – Article 315 (Estafa/Swindling) Classic “budol-budol,” fake sales, business-opportunity scams.
Republic Act (RA) 10175 – Cybercrime Prevention Act of 2012 Any RPC offense (e.g., estafa, threats, libel) committed through or by a computer is one degree higher in penalty.
RA 8484 – Access Devices Regulation Act Credit-card skimming, cloning, OTP theft, SIM swap.
RA 8792 – E-Commerce Act (pre-RA 10175 fraud provisions still applicable to digital signatures & admissibility).
RA 11765 – Financial Products and Services Consumer Protection Act (FPSCPA) Empowers BSP/SEC/IC to impose restitution and administrative fines on erring financial service providers.
RA 8799 – Securities Regulation Code (SRC) Unregistered investment contracts, Ponzi schemes.
Other specialized laws: RA 9160/RA 9194 (Anti-Money Laundering), RA 10364 (Expanded Anti-Trafficking—used where scams are tied to forced-labor “scam hubs”), BP 22 (bouncing checks), Data Privacy Act 10173 (identity theft).
3. Choosing Between PNP and NBI
| Decision Factor | Choose PNP | Choose NBI |
|---|---|---|
| Location of accused/victim | Same city/municipality | Multiple regions or outside PH |
| Amount involved | Minor to moderate loss | High-value or syndicated fraud |
| Need for advanced digital forensics or international cooperation | Not critical | Critical—NBI has MLAT & Interpol channels |
| Speed & accessibility | Local station often faster to blotter; ACG walk-in accepted | Coordinated “one-stop” complaint desks but may queue |
You may file with both agencies, but advise them to avoid duplicate investigation and forum shopping.
4. Evidence Preparation Checklist
Identity Proof – Government-issued ID of complainant.
Affidavit of Complaint – Detailed, notarized narrative: who, what, when, where, how, amount lost, relief sought.
Digital Evidence (print-outs + electronic copies on USB/CD):
- Screenshots of chats/emails/web pages (show full URL and timestamp).
- Transaction receipts (bank, e-wallet, crypto hash, courier AWB).
- Phone numbers, social-media handles, e-mail headers.
Financial Trail – Proof of payment: deposit slips, transfer confirmations (PDF), e-wallet logs.
Witness Statements – Co-victims, bank officers, delivery riders.
Preservation Requests – “Safe-house” the data: keep original devices; ask platforms for data retention under Rule on Cybercrime Warrants (2020).
*Follow the Rule on Electronic Evidence (A.M. 01-7-01-SC)—keep hash values, document chain of custody.*
5. Step-by-Step: Filing with the PNP
Go to the Desk Officer (nearest station or ACG Office).
Describe the incident; request a Police Blotter Entry—this stamps a time-line for prescription.
Submit Affidavit & Evidence; receive a Reference/Control Number.
Investigation Case Folder is opened; investigator may:
- Invite or subpoena respondent (under RA 6975 subpoena power).
- Coordinate with banks, telcos (via Subpoena Duces Tecum).
- Apply for Warrant to Disclose Computer Data (WDCD) or Warrant to Intercept Computer Data (WICD) before a cybercourt.
Referral to Prosecutor – Within 10 days (PNP manual) the case is endorsed to the City/Provincial Prosecutor for Preliminary Investigation.
Status Updates – You may get a Progress Report every 30 days under PNP “Service Charter.”
6. Step-by-Step: Filing with the NBI
- Secure a queue stub at NBI Complaint Reception or use the e-Complaint System; bring ID & affidavit.
- Intake Interview & Sworn Statement (NBI Form 5 with narrative, estimated loss).
- Pay docket fee (presently ₱200 per complainant—subject to change).
- Case Assignment – You’ll receive a Case Control Number; an agent-in-charge (AIC) will contact you.
- Operational Stage – The AIC may mount forensic imaging, controlled delivery, entrapment, or apply for cyber warrants in Manila cyber-courts (exclusive jurisdiction).
- Transmittal to DOJ once evidence is sufficient; DOJ files Information in Regional Trial Court (RTC) or Metropolitan Trial Court (MeTC) per value/penalty.
7. Prosecutor’s Office & Court Proceedings
| Stage | Timeline* | Key Documents | Notes |
|---|---|---|---|
| Filing/Referral | PNP/NBI → Prosecutor within 10 days | Referral Letter, Evidence, Affidavit | |
| Subpoena to Respondent | 10 days to answer | Counter-Affidavit | |
| Preliminary Investigation Resolution | 30–90 days | Resolution & Information (if probable cause) | |
| Court Arraignment | Within 30 days of filing | Information | Bail may be required |
| Trial | 6 months – 3 years typical | Testimonies, Exhibits | Cyber-certification of electronic evidence under Sec. 36, Rule 130 |
| Judgment | Varies | Decision | Restitution/civil damages may be awarded |
*Real-world durations vary by caseload and pandemic-era backlogs.
8. Penalties & Civil Remedies
| Offense | Imprisonment | Fine | Civil Liability |
|---|---|---|---|
| Estafa < ₱40,000 | Arresto Mayor (1 month 1 day – 6 months) | None | Return of amount + interest |
| Estafa > ₱40,000–< ₱2 M | Prisión Correccional (6 months 1 day – 6 years) | — | |
| Estafa ≥ ₱2 M | Prisión Mayor (6 years 1 day – 12 years) | — | |
| Cyber-Estafa | One degree higher – may reach Reclusión Temporal (12-20 years) | Up to double the fraud amount | |
| RA 8484 | 6–12 years | Twice the value obtained | Mandatory restitution |
| SRC Sec. 26 (fraudulent securities offers) | 7–21 years | ₱1 M–₱5 M | Refund + 12% p.a. interest |
| FPSCPA Admin Penalties | — | Up to ₱2 M/day violation | Restitution orders enforceable as writs |
Civil action for damages is deemed instituted with the criminal case, unless waived or reserved for separate filing (Rule 111, Rules of Criminal Procedure).
9. Prescription (Time-Bar)
| Crime | Prescriptive Period (starts on discovery) |
|---|---|
| Estafa (basic) | 15 years (Art 90 RPC, as amended by RA 10951) |
| Cyber-Estafa | 15 years plus one degree higher – DOJ applies 20-year view |
| RA 8484 violations | 10 years |
| SRC violations | 10 years from discovery |
| Civil action on quasi-delict | 4 years |
10. Practical Tips & Common Pitfalls
- Blotter first, organise later – Filing early stops prescription; you can always submit supplemental affidavits & evidence.
- Print both hard copies and keep the original digital files; courts now accept print-outs but judges still like paper.
- Hash your files (SHA-256) the moment you download them; note hash in affidavit.
- Coordinate with your bank’s Fraud Desk immediately; ask for hold code or account freeze; then furnish AMLC or BSP letter.
- Settlement does NOT erase criminal liability – even if the scammer pays back. You would need an Affidavit of Desistance and prosecutor/judge approval for dismissal.
- Group complaints amplify pressure – Investment-scam victims should file joint or consolidated cases to reach syndicated estafa threshold (≥3 offenders → non-bailable).
- Watch for venue traps – The crime is deemed committed where any element took place (e.g., where money was sent or where deceitful promise was made). Choose the venue convenient for you.
- Take screenshots properly – Include the address bar, system clock, and full conversation list, not cropped snippets.
- Use barangay proceedings only for consumer disputes ≤ ₱10,000; otherwise proceed to police/NBI.
- Check your insurer – Some e-wallets and banks now provide cyber-crime insurance; file within their notice window.
11. Frequently Asked Questions (FAQ)
| Question | Answer |
|---|---|
| Can foreigners file a scam report? | Yes. Philippine police and NBI accept complaints from non-Filipinos; bring passport and proof of stay. |
| Can I file if the scammer is abroad? | Yes; NBI coordinates via Interpol & MLA treaties. Expect longer timelines. |
| Will the police freeze the scammer’s bank account? | Only AMLC or a court can freeze; police/NBI will write Bank Inquiry Orders or Freeze Orders via AMLC. |
| Do I need a lawyer? | Not strictly for filing, but advisable for drafting airtight affidavits and during preliminary investigation/court. |
| Cost to file? | Police blotter – free. NBI docket – ~₱200. Notary – ~₱100–₱300. Lawyer – varies. |
| What if I only lost a small amount (e.g., ₱2,000)? | You can still file; value affects penalty but not your right to prosecute. Small claims civil suit (≤ ₱400 k) is also an option. |
| Can I sue Facebook or the e-wallet? | Under the FPSCPA and Data Privacy Act you may lodge administrative complaints with BSP, NPC, or SEC, but liability usually lies with the scammer unless the platform was negligent. |
12. Preventive Measures & Closing Thoughts
Scams thrive on urgency, secrecy, and trust abuse. Verify seller legitimacy (SEC & DTI search), use escrow or COD, enable two-factor authentication, and treat “too good to be true” offers as red flags. If you do become a victim, speed, evidence integrity, and proper venue are your strongest weapons. Whether you choose the PNP, the NBI, or both, the Philippine legal framework now provides robust tools—cyber warrants, higher cyber penalties, asset-freeze mechanisms—to bring scammers to account.
Disclaimer: This article is for general information only and is not a substitute for individualized legal advice. For sensitive or high-stakes matters, consult a licensed Philippine lawyer.