Scammed by an Online Seller in the Philippines: Refunds, Cybercrime Complaints, and Small Claims

This guide is written for consumers in the Philippines who were cheated by an online seller—whether on a marketplace app, social media, or a private website. It maps your practical options (refund routes, criminal complaints, and small-claims suits), the usual evidence needed, and tactical tips to improve your odds of recovery. It’s general information, not legal advice.

1) First 24–72 Hours: What to Do Immediately

Freeze the trail.
- Take timestamped screenshots of the listing, product page, seller profile/handle, order/chat threads, payment proof (bank/e-wallet/credit card), courier tracking, and any ID or numbers the seller gave you.
- Save HTML/PDF copies of pages, not just images. Back them up (cloud/USB).
Cut off further loss.
- If you shared card details/passwords, change passwords and contact your bank/e-wallet to block the instrument and monitor for unauthorized charges.
Notify the platform and the seller—formally.
- Use the marketplace/app dispute mechanism and also send a written demand (email + platform message) asking for a refund/replacement within a clear deadline (e.g., 5–7 days).
- Keep all acknowledgments/“seen” receipts.
Start the refund path that matches your payment method (below).
- Many refund/chargeback windows are strict. Act fast even while you explore other remedies.

2) Your Legal Hooks (Philippine Context)

Consumer Act (Republic Act No. 7394). Prohibits deceptive, unfair, and unconscionable sales acts; empowers the DTI to mediate and sanction sellers.
E-Commerce Act (RA 8792) + Rules on Electronic Evidence (A.M. No. 01-7-01-SC). Recognize electronic documents, messages, and signatures as evidence if properly authenticated.
Cybercrime Prevention Act (RA 10175). Covers computer-related fraud, identity theft, and other online offenses; can “qualify” or aggravate certain crimes if committed through ICT.
Revised Penal Code (Estafa/Swindling, Art. 315). Criminal liability where deceit causes you to part with money/property.
Data Privacy Act (RA 10173). Mindful handling of personal data (yours and the seller’s); don’t “doxx” suspects.
Internet Transactions Act (RA 11967). Sets obligations for online merchants, e-retail platforms, and e-marketplaces (e.g., disclosures, redress mechanisms), and creates an E-Commerce Bureau in the DTI.
Expanded Jurisdiction of First-Level Courts (RA 11576, 2021). As a backdrop: amounts up to ₱2,000,000 are generally within first-level courts (MTC/MeTC) for civil actions; small claims is a streamlined subset (see §6).

Tip: Law and court circulars get updated. Always check the latest DTI guidelines and Supreme Court rules before filing.

3) Refund & Chargeback Routes (Practical Playbook)

A) Credit/Debit Card

Dispute with your issuing bank (not the platform) for chargeback due to non-delivery, defective goods, or misrepresentation.
Provide: order screenshots, seller communications, proof of non-delivery/return attempts, and your prior demand to the seller/platform.
Watch for strict filing deadlines that can be as short as a few weeks from the posting date depending on card network rules. File ASAP.

B) E-Wallets (e.g., app-based wallets)

Use the app’s in-app dispute for “item not received/defective” or “seller fraud.”
Attach full documentation. If the counterparty is another wallet user, provide the wallet username/number and transaction ID.

C) Bank Transfer/Deposit

Ask your bank to flag the receiving account and file a fraud incident report. Recovery is harder, but documentation helps if law enforcement later serves a freeze/hold.

D) Cash on Delivery (COD)

If the parcel is clearly wrong/empty, refuse delivery; if already paid, document the discrepancy and open a platform dispute immediately. Keep unboxing video (one continuous shot showing airway bill).

E) Platform Remedies

Major marketplaces run buyer protection programs with internal deadlines (often measured from delivery or expected delivery date). File inside the window even if you plan to pursue DTI/ court remedies.

4) When to Go Criminal: Cybercrime / Estafa

Good fit when: the seller never intended to deliver; used fake identities; blocked you upon payment; or used hacked accounts.

Where to complain:

NBI Cybercrime Division – accept walk-ins and online complaints; can conduct digital forensics and coordinate with banks/e-wallets.
PNP Anti-Cybercrime Group (ACG) – for criminal complaints, preservation orders, and entrapment operations when feasible.
City/Provincial Prosecutor – for Inquest (if suspect is arrested) or Regular filing (with your affidavit and evidence).

Core evidence package:

Your Affidavit-Complaint narrating the timeline of deceit.
Screen captures + raw exports of chats/emails (include platform URLs, handles, user IDs).
Payment proofs (bank confirmations, e-wallet receipts, card statement entries).
Device evidence (headers/metadata, filenames) where possible.
IDs, phone numbers, and any account names of the seller.
If delivery occurred: photos, unboxing video, and expert notes (if claiming misrepresentation or counterfeit).

What to expect:

Prosecutors assess probable cause; if found, an Information is filed in court.
Cyber elements (use of computer systems) can increase penalties or change venue/jurisdiction.
If the accused is unknown or abroad, law enforcement may still preserve data and trace accounts; recovery of money may require separate civil action.

5) DTI Consumer Complaint & Mediation

When to choose DTI: misrepresentation, failure to deliver/refund, unfair practices by a merchant engaged in trade (as opposed to a purely private, one-off individual).

How it works:

File a consumer complaint with DTI (regional office or online channels).
DTI may schedule mediation/conciliation between you and the seller or platform.
If unresolved, DTI can pursue adjudication or administrative action (fines, suspension).
DTI coordination is particularly useful where the platform is registered and has local presence.

What to prepare: same evidence set as §4, plus your demand letter and any platform tickets.

6) Small Claims in the Philippines (Civil Recovery)

Use small claims to recover a specific sum of money you paid or to demand a refund/price reduction. It is paper-driven, fast-track, and lawyers generally cannot appear as counsel (you represent yourself). It’s ideal for consumer disputes where you can quantify the loss (purchase price, shipping, incidental costs).

Monetary ceiling (jurisdictional amount): This is set by Supreme Court rules and has been revised over time. Check the current small-claims threshold before filing. If your claim exceeds the cap, you can:
- sue in the regular MTC/RTC (still streamlined, but not small claims), or
- waive the excess to fit small claims (not reversible later).
Venue: Generally the MTC/MeTC where you or the defendant resides (check current rules).
Barangay conciliation: If both parties are natural persons residing in the same city/municipality, you may first need Katarungang Pambarangay conciliation, unless an exception applies (e.g., parties are from different cities, one is a corporation, or other exempted cases). Ask the court clerk if a Certificate to File Action is required.
Filing docs:
- Statement of Claim (SCC) (court form), with your evidence attached.
- Verification and Certification of Non-Forum Shopping.
- Demand letter and proof of service (courier/registered mail/email).
- IDs, receipts, chats, screenshots, tracking, etc.
Fees: Modest, scaled by amount claimed; indigent litigants may seek fee exemption (file motion + proof of indigency).
Process: After you file, the court issues Summons; the defendant files a Response on a court form. A single hearing is typical; the judge can render a Decision on the day or shortly after.
Reliefs you can get: refund of the price, shipping, and documented incidental damages (e.g., inspection costs). Moral/exemplary damages are generally not awarded in small claims (pure money claims). Interest can be granted from demand or filing date.

7) Evidence: Making Online Proof Court-Ready

Authenticate digital evidence. Show where it came from and how you captured it. Prefer complete chat exports or email headers, not cropped screens.
Keep originals (files with metadata). Printouts should include URLs, timestamps, and account identifiers where visible.
Unboxing video best practices: one continuous shot; show label/air waybill, opening, and contents; no edits.
Link the deceit to your payment. Courts look for a causal chain: false representation → your reliance → payment → non-delivery/defect.
Compute your claim clearly. Item price + shipping + incidental expenses – any refunds received = Total Claim. Attach a one-page computation sheet.

8) Criminal vs. Civil vs. Administrative: Choosing the Sequence

Fastest money back? Usually platform dispute/chargeback (civil/contractual).
Deterrence/public interest? File criminal complaint (NBI/PNP → Prosecutor).
Paper-efficient recovery with no lawyer? Small claims.
Regulatory leverage on sellers/platforms? DTI complaint.

You can do them in parallel (e.g., bank dispute + DTI mediation), but be consistent in your facts and amounts. If you already recovered through chargeback, disclose it to avoid double recovery.

9) Special Situations

Cross-border or anonymous sellers.
- Recovery is harder. Prioritize chargeback and platform complaints.
- Law enforcement may still trace local receiver accounts or drop addresses.
Counterfeits/Intellectual Property.
- If you unknowingly bought a counterfeit, you may seek a refund; avoid reselling it (may expose you).
Data breaches/identity theft after the scam.
- Add 2FA, change passwords, and consider blocking SIM/e-wallets if compromised.
Multiple victims/class-type harm.
- Share your affidavit with investigators; admin sanctions or coordinated cases become more feasible with volume.

10) Demand Letter Template (Short Form)

Subject: Demand for Refund – Online Purchase on [Platform] dated [Date]

I purchased [item] from [seller name/handle] on [date] for ₱[amount] (Transaction ID: [ID]), paid via [method]. Despite [non-delivery/defective product/misrepresentation], you have not provided a refund or remedy.

Under the Consumer Act of the Philippines, the E-Commerce Act, and applicable civil law, I demand a full refund of ₱[amount] within [5] calendar days from receipt of this letter. Otherwise, I will pursue remedies with [DTI/Small Claims/Cybercrime complaint/Bank chargeback] without further notice.

Please remit to: [bank/e-wallet details] and confirm in writing.

[Your Name & Address] [Email/Mobile] Attachments: proof of purchase; communications; IDs.

(Send by email and registered mail/courier; keep proof of delivery.)

11) Small-Claims Packet Checklist

Completed Statement of Claim + Verification/Certification
Government-issued ID
Demand letter + proof of service
Evidence: screenshots (with timestamps/URLs), chat exports, payment proofs, waybills, photos/videos
Computation sheet of your claim
Barangay Certificate to File Action (if required)
Exact court fees (or indigency documents)

12) Timelines & Prescription (Act Early)

Platform/issuer deadlines for disputes can be very short. File immediately.
Civil actions (contract) generally have multi-year windows (e.g., written contracts often up to 10 years; unwritten 6), but don’t rely on the maximum.
Criminal actions (e.g., estafa) have separate prescription rules depending on penalty and facts. Early filing preserves options and evidence.

13) Smart Tactics

Name the correct party. On platforms, the merchant of record may differ from the storefront name; use registration details if available.
Serve in multiple channels. Email + platform chat + registered mail = better proof of notice.
Be precise with amounts. Vague damages slow cases. Claim only what you can document.
Stay professional. Avoid public defamation; let evidence work for you.
If you settle, write it down. Simple Compromise Agreement with payment terms; ask the court (if a case is pending) to approve it so it’s enforceable.

14) Frequently Asked Questions

Q: Can I sue the platform? A: Platforms have varying degrees of responsibility under contract, consumer, and the Internet Transactions framework. Many require you to exhaust in-app remedies first. If the platform acted as merchant of record or failed legally required duties, discuss options with counsel.

Q: What if the seller is a private individual? A: You can still pursue civil and criminal remedies. DTI jurisdiction focuses on those engaged in trade; for one-off private sales, DTI leverage is limited, so small claims and police/NBI routes become more central.

Q: I only have screenshots. Is that enough? A: Courts accept electronic evidence if authenticated. Strengthen it with full exports, email headers, and device/file metadata where possible.

Q: Can I claim moral/exemplary damages? A: Typically not in small claims (it’s for specific money claims). In regular civil/criminal actions, discuss viability with counsel.

15) Quick Contacts (What to Look For)

Your bank/e-wallet: “Dispute/Chargeback/Fraud” desk.
Marketplace help center: “Item Not Received/Counterfeit/Return & Refund.”
DTI (Consumer Care / E-Commerce): Complaint/Hotline channels, regional offices.
NBI Cybercrime / PNP ACG: Complaint desks (walk-in and online portals).

(Search your locality for the latest contact points and office hours.)

16) Bottom Line

Move immediately on platform and payment-rail remedies.
Document everything with authenticity in mind.
Choose among DTI mediation, small claims, and cybercrime/estafa complaints—or do them in parallel—based on your goal (speedy refund vs. accountability).
Verify the current small-claims cap and court/DTI procedures before filing.
If the amount or facts are complex, consult a lawyer to sequence remedies and avoid missteps.

If you want, I can turn your facts into a ready-to-file demand letter or a small-claims Statement of Claim with a one-page evidence index.