Steps to Take After Being Scammed Online
A Practical‑Legal Guide for Victims in the Philippines
Quick view
- Stay calm & secure your data
- Document every detail
- Freeze or recall the funds (if possible)
- Report to the platform / bank / e‑wallet
- File a criminal complaint with NBI‑Cybercrime Division or PNP‑ACG
- Consider civil or small‑claims recovery
- Escalate to regulators (DTI, BSP, NPC) when relevant
- Monitor, follow‑up, and harden your digital defenses
1. Confirm the Scam & Contain the Damage
| Action | Why it matters | How to do it |
|---|---|---|
| Change passwords & enable MFA | Prevent further compromise of e‑mail, marketplace, or banking credentials. | Use a fresh device or incognito window; don’t reuse old passwords. |
| Deactivate lost devices / tokens | Thieves may still have session cookies or SIM access. | Call your telco for SIM swap freeze; revoke old sessions in your Google/Apple account. |
| Run antivirus & reset compromised PCs | Some scams plant remote‑access tools and keyloggers. | Quarantine first, then do a full reinstall if malware is confirmed. |
2. Preserve Evidence (the “Golden Hour”)
- Screenshots & screen recordings of chats, seller pages, payment confirmations, tracking numbers, e‑mails, and SMS.
- Save raw files—PDF invoices, web receipts, JPG product photos.
- Get the headers & URLs (right‑click ‑> Copy link address) for phishing sites.
- Bank or e‑wallet logs—download CSV or PDF statements.
- Witness statements—write down dates, times, and what was said.
- Store everything in a read‑only cloud folder; encrypt sensitive IDs with a password.
Why? Republic Act 10175 (Cybercrime Prevention Act, 2012) makes electronic data messages and electronic documents admissible if their integrity is proven. Early preservation avoids the “edited‑photo” defense later.
3. Freeze or Recall the Funds
| Channel | Immediate Steps |
|---|---|
| Bank transfer (InstaPay/PESONet) | Call your bank’s fraud hotline within one hour. Request a transaction hold under BSP Circular No. 808/1048 consumer‑protection rules. Provide reference number and screenshot. |
| GCash / Maya / GrabPay | Use the in‑app “Report a scam” button AND e‑mail support with attachments. Ask for account suspension and SPSA (Suspicious Persons Suspense Account) tagging. |
| Credit/debit card | File a chargeback citing Visa/Mastercard Reason Code 10.4 (Fraud) or similar within 120 days. Submit proof that the transaction was unauthorized or goods were not delivered. |
| E‑commerce platforms (Shopee, Lazada, FB Marketplace) | Open a non‑receipt item or counterfeit item dispute before buyer‑protection window closes. |
4. Report to Law‑Enforcement Agencies
| Agency | Jurisdiction | Where / How to File |
|---|---|---|
| NBI‑Cybercrime Division (NBI‑CCD) | Nation‑wide cyber‑fraud & identity theft | e‑mail ccd@nbi.gov.ph for e‑queue; or walk‑in at Taft Ave., Manila. Bring two valid IDs, Affidavit of Complaint, and USB of evidence. |
| PNP Anti‑Cybercrime Group (PNP‑ACG) | Cybercrimes, esp. with physical component or when suspect’s address is known | File at Camp Crame HQ or any Regional ACG office; phone (02) 723‑0401 local 7491. |
| Local Prosecutor’s Office | Pre‑filing if NBI/PNP refers the case; venue is place of deception or where any element occurred. | Submit Joint Complaint‑Affidavit, witnesses’ sworn statements, annexes A‑Z (screenshots, bank certs). |
Common penal provisions to allege
| Law | Elements | Typical penalty |
|---|---|---|
| Estafa (Art. 315, Revised Penal Code) | Fraudulent deceit + damage | Prisión correccional to reclusión temporal (value‑based) |
| RA 10175 § 4(b)(2) Computer‑related fraud | Unauthorized input/alteration/deletion causing deceit or damage | Prisión mayor + ₱200k‑₱1 M fine |
| RA 8484 Access Device Regulation Act | Fraudulent use of credit/debit card or device | 6–20 years + fine x double the illegal gain |
| RA 8792 E‑Commerce Act § 33 | Online fraud or hacking | Up to 6 years + ₱100k fine per act |
You may assert multiple charges; courts can convict on the graver offense only.
5. Civil Remedies & Small‑Claims Route
| Option | When to use | Procedure |
|---|---|---|
| Regular civil action for damages | Loss > ₱400,000 (2024 revised threshold) | File Verified Complaint at RTC where plaintiff resides or defendant may be found. |
| Small Claims (A.M. 08‑8‑7‑SC) | Loss ≤ ₱400,000 | No lawyer needed; file Form 1‑SC in MeTC/MTC. Attach evidence and P200 filing fee. |
| Restitution as part of criminal case | Parallel to criminal estafa | Ask prosecutor to include Prayer for Return in Information. |
6. Seek Administrative & Regulatory Relief
| Regulator | Scope | How they can help |
|---|---|---|
| Department of Trade & Industry – Fair Trade Enforcement Bureau (DTI‑FTEB) | Consumer products & deceptive online sales | File e‑Complaint via consumercomplaint.dti.gov.ph; mediation within 10 days. |
| Bangko Sentral ng Pilipinas (BSP) | Banks, EMIs, payment systems | Elevate unresolved disputes ≥ 15 BD via consumeraffairs@bsp.gov.ph. BSP can impose refunds or penalties. |
| National Privacy Commission (NPC) | Phishing or data breach that exposed your personal info | File incident report within 15 days of discovery under NPC Circular 16‑03. |
| Securities & Exchange Commission (SEC) | Unregistered investment or crypto schemes | Sworn complaint to Enforcement and Investor Protection Department. |
7. Coordinate Cross‑Border or Platform‑Based Actions
- Interpol or foreign liaison – NBI‑CCD can request MLAT cooperation.
- Platform subpoenas – Prosecutors may issue eMLAT or preservation requests to Meta, Google, etc. under the Cybercrime Act Implementing Rules.
- IC3.gov – If funds went through a U.S. account, file an Internet Crime Complaint Center report (helps with FBI seizures).
- Blockchain analytics – For crypto scams, provide wallet addresses to Crypto Response Team (NBI) for tracing and potential freezing via exchanges.
8. Follow‑Up & Monitor
- Check docket numbers: Ask for Mailed Letter‑Complaint (MLC) number from NBI or ITRS case number from PNP.
- Subpoena return dates: Serve notices via sheriff; attend clarificatory hearings.
- Settlement possibilities: The accused may offer restitution to avoid indictment; weigh the pros & cons with counsel.
- Case aging: Under NPS rules, resolution should issue within 60 days (regional) or 30 days (provincial/ city). Politely chase if overdue.
- Credit‑report watch: Request free copy from CIC‑accredited credit bureaus to spot identity‑theft loans.
9. Strengthen Future Protection
- Register SIM cards (RA 11934)—cuts “throwaway” numbers.
- Activate transaction alerts and per‑day transfer caps on all accounts.
- Use verified‑seller escrow services (e.g., Shopee Guarantee).
- Educate household members—most phishing starts with social engineering.
- Install reputable password manager; rotate credentials every 90 days.
- Check SEC & DTI advisories before investing or buying.
10. Template: Affidavit of Complaint (Key Parts)
Heading – Republic of the Philippines, City/Province of ____ Complainant’s Identifiers – name, age, civil status, address. Narrative – chronological, numbered paragraphs with dates, times, platform names, amount lost (both words & figures). Cause of Action – cite RA 10175 § 4(b)(2), Art. 315 RPC, etc. Prayer – arrest, prosecution, restitution. Verification & Oath – signed before an Assistant Prosecutor or Notary Public.
Attach Annex “A” (screenshots), “B” (bank cert), “C” (demand letter), etc.
11. Professional Help & Legal Aid
| Resource | Contact | Eligibility |
|---|---|---|
| Public Attorney’s Office (PAO) | www.pao.gov.ph | Monthly net income ≤ ₱24,000‑₱32,000 (location‑based) |
| Integrated Bar of the Philippines (IBP) Free Legal Aid | Chapter offices nationwide | Indigent or cases of public interest |
| University legal clinics (UP, Ateneo, San Beda, UE) | By appointment | Students handle under faculty supervision |
| Private counsel | Negotiable fees; some work on contingency for large losses. | Any victim who wants faster filings or asset tracing |
Final Notes & Disclaimers
- This guide summarizes Philippine laws and procedures in force as of 25 July 2025. Statutory amendments, new BSP circulars, or Supreme Court rules may supersede parts of it.
- It is general information, not legal advice. Complex cases (large‑scale investment scams, crypto rug‑pulls, identity‑theft loans) require tailored strategies—consult a lawyer.
- Time is critical: the sooner you act, the higher the odds of freezing assets and tracing digital footprints.
Stay vigilant, act swiftly, and use every legal avenue available.