Steps to File an Online-Scam Complaint with the NBI Cybercrime Division (Philippine Legal Guide, 2025 Edition)
1. Know the Legal Ground You’re Standing On
Key statute | What it covers in an online-scam context |
---|---|
RA 10175 – Cybercrime Prevention Act of 2012 | Fraud committed “through and by means of information and communications technologies” (Art. 315, RPC, in relation to §6 RA 10175). |
RA 8792 – E-Commerce Act | Electronic documents & signatures are admissible in court; cyber-fraud is an “offense punishable by existing laws.” |
RA 8484 – Access Device Regulation Act | Credit-card, debit-card, GCash, and e-wallet swindles (unauthorized use, “card-not-present” transactions). |
RA 4200 – Anti-Wiretapping Act (for recordings) | You need consent or a court order before presenting recorded calls as evidence. |
Tip: The NBI will automatically assess which law was violated; you merely need to narrate the facts.
2. Preserve Your Evidence—Immediately
- Full-page screenshots – include the URL bar, time stamp, and entire chat thread.
- Raw files – export emails as
.eml
/.msg
; download transaction receipts as PDF. - Metadata – right-click → “Properties” or use e-mail headers.
- Device seizure images – if you still have the scam website open, use your phone to photograph the whole screen before closing it.
- Financial proofs – bank statements, GCash history, PayPal invoice, wire-transfer slips.
- ID trail of the scammer – names, phone numbers, usernames, payment QR codes, social-media handles.
Chain of custody counts. Do not crop, edit, or annotate the originals; save working copies separately.
3. Draft a Verified Complaint-Affidavit
- Heading – “National Bureau of Investigation, Cybercrime Division.”
- Parties – Complainant (you) vs. Respondent/s (unknown a.k.a. “John Doe a.k.a. ‘@Scammer123’” if identity is uncertain).
- Narrative of Facts – chronology, how you were lured, amounts lost.
- Applicable laws violated – (see §1 above).
- Prayer – request investigation, filing of appropriate charges, and recovery of funds.
- Verification & J urat – sign before an NBI agent (administering officer) or a notary public.
You can bring a draft or write it at NBI. A lawyer is not required but is strongly advised for complex cases.
4. File the Complaint Online (NBI Cybercrime Portal)
- Create an Account – visit
https://nbi.gov.ph/ccd-complaints
→ “Create Complaint.” - Fill Out the E-Complaint Form – personal data, incident description, estimated loss.
- Upload Evidence – up to 25 MB per file; accepted types: JPG, PNG, PDF, DOCX, EML, MSG, ZIP.
- Submit & Receive Ticket Number – an automated e-mail will acknowledge receipt.
- Wait for Scheduler E-mail – within three (3) business days you will get a Zoom/onsite appointment slot.
There are no filing fees. Do, however, budget for notarization (₱200-₱500) and photocopies.
5. Attend the Clarificatory Interview
Usually via Zoom for provincial complainants; onsite at NBI HQ, Taft Avenue for NCR residents.
- Bring two (2) government-issued IDs.
- Present original devices (phone, laptop) if requested for forensic imaging.
- Execute or ratify the sworn affidavit; the agent will administer the oath.
- An NBI Complaint-Investigation Reference (CIR) number will be issued.
6. Post-Filing: What Happens Inside NBI
Stage | Typical timeframe | Your possible role |
---|---|---|
Forensic examination of devices/servers | 2–4 weeks | Give passwords or unlock codes if consented. |
Subpoena to service provider / bank | 30 days | Sign a Data-Privacy waiver for release of records. |
Case conference / follow-up interview | On demand | Clarify money flow, new intel, additional victims. |
Referral to DOJ-OOC / City Prosecutor | 60–90 days | May be called to subscribe a new Complaint-Affidavit before the prosecutor. |
Investigations are confidential; you’ll receive updates only when material progress occurs.
7. Parallel & Support Remedies
- Bank Recall / “Debit Memo” – Within 24 hours, write a dispute letter to your bank; attach your NBI e-ticket.
- PNP Anti-Cybercrime Group – Allowed to accept the same complaint; coordination with NBI prevents duplication.
- Civil Action for Damages – You may sue in an RTC while the criminal case is pending (Art. 33, Civil Code).
- Small Claims (≤ ₱1 M) – SC A.M. 08-8-7-SC as amended: e-commerce scams now within small-claims jurisdiction.
8. Statutes of Limitation
Offense | Prescriptive period (per current jurisprudence) |
---|---|
Estafa under RPC via ICT (RA 10175) | 12 years |
Violations of RA 8484 | 10 years |
Batas Pambansa 22 (bounced checks online) | 4 years |
Count is interrupted by the filing of the NBI complaint. File as soon as possible to preserve electronic logs—most platforms purge after 90 days.
9. Practical Tips & Pitfalls
- Use an e-mail address you actually monitor; missed NBI replies are a common cause of case dormancy.
- Group Complaints – If other victims exist, file together; it boosts the case and can justify a Search Warrant quickly.
- Respect Privacy – Do not post the respondent’s personal data publicly; you could face a counter-complaint under the Data Privacy Act.
- Beware of “Case Fixers.” NBI services are free; anyone asking for payment to “speed up” is scamming you again.
- Preserve mental health. Being defrauded is traumatic; consider counseling and support groups.
10. Frequently Asked Questions
Question | Answer (short) |
---|---|
Can I file if the scammer is overseas? | Yes. NBI coordinates via Interpol National Central Bureau or through MLAT/IACAT when money funnels through Philippine accounts. |
Is a lawyer mandatory? | No, but lawyers help craft airtight affidavits and may represent you in the prosecutor’s office. |
How long will the case take? | Average 6–18 months from filing to DOJ resolution; cyber-forensic backlogs can extend this. |
Will I get my money back? | Only if assets are found; NBI may freeze accounts via AMLC but restitution depends on court orders or settlement. |
What if the amount is small (₱5,000)? | Still file. Pattern-based prosecution relies on aggregating multiple “small” cases. |
11. Sample Checklist Before Clicking “Submit” Online
- Verified Complaint-Affidavit (draft or final)
- Attached all screenshots & receipts in original resolution
- Two valid IDs scanned (front & back)
- Contact numbers & e-mail spelled correctly
- Optional: police blotter entry (any station) — not required but helpful
12. Conclusion & Disclaimer
Filing with the NBI Cybercrime Division is free, relatively streamlined, and—when supported by well-preserved electronic evidence—can lead to both criminal accountability and possible restitution. This guide synthesizes the procedure as of June 25 2025 under Philippine law. It is general information, not legal advice. For tailored counsel, consult a qualified Philippine lawyer or the NBI Legal Assistance Section.