Scammer Complaint Procedure in the Philippines
A comprehensive legal guide for victims of fraud, e-commerce swindles and other scams
1. Overview
In Philippine law, a “scam” can give rise to criminal, civil, and sometimes administrative liability. The proper course of action depends on (a) how the money or property was obtained, (b) whether it occurred online or face-to-face, (c) the amount involved, and (d) the personalities or business entities behind the scheme.
2. Core Statutes and Rules
| Nature of liability | Key statutes / rules | Brief coverage |
|---|---|---|
| Criminal | • Revised Penal Code (RPC), Art. 315 – Estafa • RPC Art. 318 – Other deceit • RA 8792 (E-Commerce Act) – online estafa aggravating circumstances • RA 10175 (Cybercrime Prevention Act) – qualified swindling & computer-related fraud • RA 11479 (Anti-Terrorism Act) – for syndicated cyber-extortion • BP 22 – worthless checks |
Imprisonment, fines, restitution, cybercrime enhancements, asset freezing |
| Civil | • Civil Code (unjust enrichment, contractual breach, quasi-delict) • Rule 6, Rules of Court – ordinary civil actions • A.M. 08-8-7-SC – small claims up to ₱ 400 000 |
Damages, rescission, specific performance |
| Consumer / administrative | • RA 7394 (Consumer Act) – deceptive sales practices • RA 11765 (Financial Products & Services Consumer Protection Act) – digital wallets, lenders • RA 8799 (Securities Regulation Code) – investment scams • RA 11232 (Revised Corporation Code) – corporate fraud |
Penalties, suspension of licenses, asset freeze, disgorgement |
3. Choosing the Proper Forum
| Scenario | Initial forum | Why |
|---|---|---|
| Face-to-face estafa, theft, bounce checks | Barangay (Lupon) → Office of the City/Provincial Prosecutor (OCP/OPP) | Katarungang Pambarangay (KP) Law requires amicable settlement first unless exempt (e.g., one party is a corporation). |
| Online swindle (social media marketplace, crypto, e-wallet) | PNP-Anti-Cybercrime Group (ACG) or NBI-Cybercrime Division | Specialized digital forensics, immediate preservation of e-evidence. |
| Investment scam, unregistered securities | SEC Enforcement and Investor Protection Dept.; simultaneous criminal case at OCP | SEC can issue cease-and-desist orders, freeze bank accounts via AMLC. |
| Deceptive product/ service worth ≤ ₱ 500 000 | DTI Fair Trade Enforcement Bureau | Summary adjudication, mediation, and administrative fines up to ₱ 300 000 per offense. |
| Disputes with a bank, e-money issuer or lender | Bangko Sentral ng Pilipinas (BSP) – Consumer Assistance Mechanism (CAM); escalate to Financial Consumer Protection Dept. | BSP can order reimbursement and impose hefty sanctions. |
4. Step-by-Step Complaint Workflow
Preserve all evidence early.
- Screenshots (full page with URL + timestamps)
- Chat logs / e-mails exported in .txt or .pdf
- Receipts, deposit slips, e-wallet transaction history
- ID of scammer, profile URL, phone number, IP logs if available
- Sworn statements of witnesses
Execute a Sinumpaang Salaysay (Sworn Complaint-Affidavit).
- Facts in chronological order, amounts, mode of deceit
- Attach certified true copies of evidence, consecutively paginated
Determine if KP conciliation is mandatory.
- NOT required when respondent is a corporation, crime is punishable by > 6 years, or parties reside in different cities.
File the criminal complaint.
- Barangay Hall (if KP applies) → secure a Certificate to File Action if mediation fails.
- OCP / OPP (for estafa, cybercrime). Fee: ≈ ₱ 75-200 for docketing; indigents exempt.
Simultaneous administrative complaint (optional but strategic).
- SEC, DTI, or BSP using the same affidavit to trigger asset freezing, trace banking records, or suspend business permits.
Wait for inquest or pre-investigation subpoena.
- Inquest if suspect is under arrest within 36 h; else regular preliminary investigation.
- Submit Counter-Affidavit within the 10-day period if you are the respondent.
Resolution & Information filing.
- Prosecutor issues a Resolution. If probable cause is found, an Information is filed in the appropriate trial court (usually the Regional Trial Court for estafa > ₱ 1.2 M, otherwise Metropolitan/ Municipal).
Civil action (optional – can be impliedly instituted with the criminal case under Rule 111 or filed separately).
- For pure collection, consider small claims (≤ ₱ 400 000, no lawyers needed, 30-day disposal).
5. Special Rules for Online / Digital Evidence
| Rule | Key points |
|---|---|
| Rule 4, Rules on Electronic Evidence | Printouts, screenshots are admissible if accompanied by a sworn certification by the person who printed them. |
| Section 12, RA 10175 | Law enforcement may issue a preservation order to ISPs for 120 days (renewable). |
| Data Privacy Act (RA 10173) | Personal data of the accused may be processed when “necessary for law enforcement.” |
Tip: Ask the PNP-ACG for a Cybercrime Preservation Request Letter to social-media platforms or payment-service providers within 24 hours of discovery.
6. Prescriptive Periods
| Offense / action | Time bar |
|---|---|
| Estafa (simple) | 15 years (Art. 90, RPC as amended) |
| Estafa through falsification | 20 years |
| Civil action on fraud | 4 years from discovery (Art. 1391, Civil Code) |
| Administrative complaint (DTI, SEC) | 2 years from transaction (Consumer Act). |
7. Penalties and Remedies
| Law | Possible penalty |
|---|---|
| Estafa ≤ ₱ 1.2 M | Arresto Mayor to Prisión Correccional + fine + restitution |
| Estafa > ₱ 1.2 M | Prisión Mayor; if online, penalty is one degree higher (RA 10175) |
| Unregistered securities | ₱ 5 M fine or 21 yrs jail (Sec. 73, RA 8799) |
| Consumer Act deceptive acts | ₱ 500 – ₱ 300 000 per violation; product recall |
| Financial Consumer Protection Act | Up to ₱ 2 M fine + daily penalties; disqualification of directors |
Civil courts may award actual, moral, exemplary, and temperate damages plus interest at 6 % p.a. from demand.
8. Practical Tips for Complainants
- Aggregate victims. Estafa becomes syndicated (non-bailable) when committed by ≥ 5 offenders or against ≥ 5 victims in a single plan.
- Secure bank freeze early. Coordinate with the Anti-Money Laundering Council (AMLC) for an ex-parte 30-day freeze order.
- Leverage social media reporting—take down pages to limit further victimization but screenshot first.
- Watch out for prescriptive deadlines especially in small claims (no interruptions).
- Maintain confidentiality under Rule 119 to avoid sub judice contempt.
9. Template Outline: Sworn Complaint-Affidavit
- Title & Caption
- Affiant’s personal details
- Statement of jurisdiction & capacity
- Facts of the case (numbered paragraphs)
- Elements matched to statute
- List & annexes of evidence
- Prayer (issuance of subpoena, filing of Information, arrest warrants, asset freeze)
- Verification & jurat
10. Frequently Asked Questions
| Question | Short answer |
|---|---|
| Can I sue even if I only lost ₱ 1 000? | Yes. You may file barangay conciliation or small claims; criminal estafa has no minimum amount. |
| Do I need a lawyer? | A lawyer greatly helps in drafting affidavits, but for small claims and DTI mediation you may appear pro se. |
| The scammer is overseas. What now? | File with NBI-Cybercrime; request Mutual Legal Assistance Treaty (MLAT) referral and coordinate with Interpol and the platform’s legal office. |
| Will I recover my money? | Only if the accused’s assets are traced or a civil judgment/ restitution order is satisfied. Criminal conviction does not guarantee collection. |
| How long do cases last? | Prosecutor’s resolution: 3-6 months; trial: 2-5 years; small claims: 30-45 days. Cybercrime cases may be faster if plea-bargain or mediation succeeds. |
11. Conclusion
The Philippines offers layered remedies—barangay conciliation, criminal prosecution, civil action, and administrative sanctions—to address scams. Success hinges on swift evidence preservation, correct venue selection, and coordination with specialized agencies (PNP-ACG, NBI, SEC, DTI, BSP). Victims should act promptly within prescriptive periods and, where feasible, consolidate complaints to invoke stiffer penalties or asset freeze powers.
If you are unsure which track fits your situation, consult a lawyer or approach the nearest NBI Complaint & Records Division or Integrated Bar of the Philippines (IBP) Legal Aid office. Being proactive and well-documented drastically increases both the prospect of criminal conviction and the likelihood of financial recovery.