What to Do If You Get Scammed on Facebook Marketplace in the Philippines
A comprehensive legal-practical guide (updated August 2025)
Quick takeaway: Preserve every piece of evidence, demand a refund in writing, escalate to Facebook, and—if the seller refuses—file a criminal complaint (Estafa or cyber-fraud) with the PNP-ACG or NBI Cybercrime Division. You may also seek civil damages or a refund through the DTI or Small Claims Court. Details follow.
1. Understand the Nature of the Scam
| Typical scheme | Legal characterization |
|---|---|
| Item never ships / arrives | Estafa (Art. 315, Revised Penal Code) and/or violation of RA 10175 (Cybercrime Prevention Act) |
| Counterfeit / “salvaged” item | Estafa, False advertisement (Art. 50, Consumer Act) |
| Payment redirection / fake QR codes | Swindling + potential phishing / unauthorized access under RA 10175 |
| Identity-switching (real item photo, different seller) | Estafa + possible identity theft (Sec. 4(b)(3), RA 10175) |
| Account takeover / wallet drain (GCash, Maya) | Computer-related fraud (Sec. 6, RA 10175) + Anti-Money Laundering Act implications |
2. Immediately Secure and Preserve Evidence
Screenshots & screen recordings
- Entire item listing, seller’s profile, date & time stamp.
- Messenger/Marketplace chat thread (scroll to top).
- Any edits/price changes (take a video scroll if possible).
Payment Records
- E-wallet transaction receipts (GCash, Maya, GrabPay).
- Bank transfer confirmation (statement, InstaPay/Pesonet reference).
- Carbon copy or photo of deposit slip if OTC.
Delivery Proof
- Courier tracking, waybill, photos of packaging, CCTV if available.
Identity Links
- Seller’s phone number, e-mail, alternate profiles, Shopee/Lazada stores, TikTok handle.
Under the Rules on Electronic Evidence (A.M. No. 01-7-01-SC), screenshots are admissible if authenticated by your testimony or a Notary-certified printout.
3. Demand a Refund (Extrajudicial Remedies)
Draft a Formal Demand Letter
- State facts: date of purchase, amount, item, what went wrong.
- Cite Articles 1159 & 1169 of the Civil Code (obligations & delay) and Art. 100 of RA 7394 (Consumer Act).
- Give five (5) calendar days to refund via the same payment channel.
- Send via Messenger and registered mail with return card (“Registry Return Receipt”) to seller’s address if known.
Escalate to Facebook Purchase Protection (limited)
- Only eligible if you paid via “Checkout” with FB Pay—most PH Marketplace deals are not covered, but still file the claim for record.
File a Complaint with the DTI – Fair Trade Enforcement Bureau
- Online portal: complaints@dti.gov.ph or through e-Complaint Handling System (ECHS).
- DTI may issue a Notice to Explain to the seller; non-compliance can trigger administrative fines ₱500–300,000.
4. Criminal Action
| Step | Where | Key Points |
|---|---|---|
| Affidavit of Complaint | Notary Public | Attach screenshots, payment records, demand letter, IDs. |
| Filing | PNP Anti-Cybercrime Group (Camp Crame) or NBI-CCD (Taft Ave., Manila) | Bring 2 copies of affidavit + USB/CD of evidence. |
| Inquest / Preliminary Investigation | Office of the City/Provincial Prosecutor where any element occurred (often your city) | Estafa threshold: any amount; penalties scale with value (≥₱2,000,000 = reclusion temporal). Cyber-estafa adds one degree higher penalty (Sec. 6, RA 10175). |
| Arrest & Booking | Police / NBI serve warrant | Cyber-warrants now processed within 10 days (Rule 5, A.M. No. 17-11-03-SC). |
| Trial | Regional Trial Court (Special Cybercrime Courts) | Prosecution must prove deceit + damage. Digital logs from Facebook may be subpoenaed under Mutual Legal Assistance Treaty (MLAT) with the US. |
Note: Filing fees for criminal complaints are ₱0. No lawyer is required at filing stage, but representation is advisable.
5. Civil Recovery Options
Small Claims Court (A.M. No. 08-8-7-SC)
- Amount ≤ ₱400,000 (effective April 11 2022).
- No lawyer allowed; use ready forms (Form 1-SC to 10-SC).
- Filing fee: ~₱2,500 for ₱100k claim; varies by amount.
- Decision within 30 days; enforceable by writ of execution.
Regular Civil Action for Damages
- For higher amounts or if you claim moral/exemplary damages.
- Under Art. 19, 20, 21 Civil Code (abuse of rights/fraud).
Restitution via Asset Freeze
- Under AMLC Resolution No. 143-2021, e-wallets can be frozen ex-parte for 20 days extendible, upon finding of probable cause.
- Coordinate with NBI/PNP to send Request for Preservation to GCash/Maya.
6. Coordinating With Payment Platforms & Couriers
| Provider | Immediate Step | Typical Outcome |
|---|---|---|
| GCash | File ticket (Help > Profile > Submit Ticket) within 15 days and request Transaction Dispute & Account Freeze. Attach police blotter #. | Temporary hold (72 hours) while investigating. |
| Maya | E-mail support@maya.ph with Dispute Form + police affidavit. | Reversal if funds still in seller’s Maya. |
| Bank (InstaPay/PesoNet) | Call bank’s fraud hotline within 24 hrs; request recall. | BSP Circular 980 requires response in 2 days. |
| J&T, LBC, JRS | File Loss/Damage Claim within 24–72 hrs of delivery failure. | Up to declared value or max ₱2,000 (if none). |
7. Possible Criminal Charges & Penalties
| Statute | Elements | Penalty (max) |
|---|---|---|
| Art. 315, RPC – Estafa | Deceit + damage | Up to 20 yrs if ≥₱2M |
| Art. 318, RPC – Other Deceits | Fraud not covered elsewhere | Up to 6 mos 1 day – 2 yrs 4 mos |
| RA 10175 – Cyber-estafa | Estafa committed through ICT | One degree higher than Art. 315 |
| RA 8792 – E-Commerce Act (Sec. 33) | Fraud in e-commerce | ₱100k + 6 yrs |
| RA 7394 – Consumer Act (Art. 50) | False/misleading ads | ₱5k–₱2M + 1 yr imprisonment |
| RA 10365 – AMLA | Money laundering | Up to 14 yrs + forfeiture |
8. Timeline Overview
- Day 0–1: Transaction fails → gather evidence.
- Day 1–3: Send demand letter + file GCash/Maya dispute.
- Day 5: If no refund, notarize affidavit; blotter at local police.
- Day 6–10: File complaint with PNP-ACG/NBI; request asset freeze.
- Day 30: Prosecutor resolves inquest; case raffled to RTC.
- Day 30–60: Consider Small Claims if amount ≤ ₱400k.
- Month 6–18: Trial proper; pursue civil action concurrently if desired.
9. Prevention & Best Practices
- Use Escrow-Integrated Platforms (Shopee, Lazada) where payouts are held until receipt confirmed.
- Verify Seller Identity: Ask for a live photo holding the item and today’s date.
- Check DOST-FNRI Nutrisurvey Barcode (if cosmetics/food) or PSA Mobile ID to match names.
- Prefer Cash-on-Delivery (COD) with open-inspection clause; film the unboxing.
- Activate 2-Factor Authentication on Facebook and payment apps.
- Watch for “too good to be true” pricing; cross-check on Price.ph or Sulit.ph.
10. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can I sue Facebook? | Unlikely. FB’s Terms of Service stipulate Philippine law but require claims to be filed in the US and waive class actions; practical recovery is low. |
| What if the seller is overseas? | Coordinate with NBI for International Letter of Request (ILOR) via DOJ-OIA; remedies become complex and expensive. |
| Does Data Privacy Act protect me? | Only if the scam involved unlawful processing of your personal data; file with NPC. |
| Can I post the scammer’s info online? | Risky. Possible libel under Art. 353, RPC if allegations unproven. Keep posts factual, attach proof, avoid insults. |
| How long do I have to file? | Estafa prescriptive period: 10 years (if ≥₱40,000); Small Claims: 4 years for quasi-delict, 6 years for oral contracts. |
11. Template: Demand Letter (excerpt)
RE: Demand for Refund and Return of Consideration
Dear [Seller’s Name / Facebook Handle],
On [Date], I purchased [Item] for ₱[Amount] via Facebook Marketplace. Despite full payment (see attached proof), you failed to deliver the agreed-upon item. Your actions constitute Estafa under Article 315 of the Revised Penal Code and deceptive sales practices under the Consumer Act (RA 7394).
I hereby demand that you refund the full amount of ₱[Amount] within five (5) calendar days from receipt of this letter, via the same payment channel. Failure to comply will compel me to pursue criminal and civil actions, including but not limited to filing with the PNP Anti-Cybercrime Group, NBI-Cybercrime Division, and the Department of Trade and Industry.
Sincerely, [Your Name, Address, Contact No., Signature]
12. Final Notes & Disclaimer
- Legal counsel: While many steps can be DIY, consulting a lawyer—especially when the amount is high or the scam sophisticated—can maximize recovery and correct case-building.
- No guarantee of recovery: Even with a conviction, actual restitution depends on the scammer’s assets. Seizure orders and garnishment may still be needed.
- This guide is informational, not legal advice. Laws evolve (e.g., Consumer Online Dispute Resolution Bill pending as of August 2025). Always verify current rules or consult the official gazette.
Key Government Contacts
| Agency | Hotline | |
|---|---|---|
| PNP-ACG | (02) 8414-1560 | acg@pnp.gov.ph |
| NBI-Cybercrime | (02) 8523-8231 loc. 3465 | ccd@nbi.gov.ph |
| DTI FTEB | 1-384 (DTI hotline) | complaints@dti.gov.ph |
| BSP Consumer Protection | (02) 8708-7087 | consumeraffairs@bsp.gov.ph |
Take action swiftly—the earlier you move, the higher the chance your hard-earned money can still be traced and recovered. Good luck, and stay vigilant.