This is a general legal guide in the Philippine context. It’s not a substitute for advice from your own counsel, who can assess your facts and documents in detail.

Quick answers

Criminal estafa complaint: File with the Office of the City/Provincial Prosecutor (a.k.a. the fiscal’s office) where any essential element of the crime happened—e.g., where the false promises were made, where money was handed over or deposited, where checks were issued/received, or where the complainant was deceived or suffered loss (including many online transactions).
Securities law violations (investment schemes): File an administrative/criminal complaint with the Securities and Exchange Commission (SEC)—Enforcement and Investor Protection Department (EIPD).
Cyber-enabled scams: You can also complain to NBI Cybercrime Division or PNP Anti-Cybercrime Group for investigation support, for offenses under the Cybercrime Prevention Act and related laws.
Civil recovery: File a separate civil action (rescission, damages, or collection) with the proper trial court to recover funds and secure remedies like attachment, in addition to (or reserved in) the criminal case.

What is “estafa” in an investment context?

Under Article 315 of the Revised Penal Code (RPC) (as amended by RA 10951 on value thresholds), estafa (swindling) punishes fraud that causes another person to part with money or property. In investment scams, prosecutors usually evaluate:

Estafa by deceit (Art. 315(2)(a)) — false pretenses or fraudulent representations (e.g., guaranteeing “risk-free” double-your-money returns, misrepresenting SEC registration or licenses, fabricating track records).
Estafa through false checks/receipts (Art. 315(2)(d)) — postdating or issuing a bouncing check to obtain or secure investment.
Estafa by abuse of confidence (Art. 315(1)(b)) — misappropriating or converting funds received in trust, commission, or administration (common in pooled funds managed by a promoter).

Syndicated or large-scale estafa (PD 1689) may apply when fraud is carried out by a syndicate and/or against multiple victims, with far heavier penalties.

Separate from estafa: investment scams often violate the Securities Regulation Code (SRC)—e.g., selling unregistered securities, unlicensed selling, or fraud in securities transactions. These can be pursued with the SEC (administrative and criminal) while estafa proceeds with the prosecutor’s office.

Where exactly do you file?

1) Criminal estafa (RPC) — Prosecutor’s Office (Preliminary Investigation)

Venue rule (criminal cases): File with the Office of the City or Provincial Prosecutor that has jurisdiction over the place where any element of estafa occurred. This can include:
- The city/province where the fraud was induced (e.g., meetings, phone/video calls received there, sales seminars, or online communications accessed there).
- Where money changed hands (cash handed over; bank deposit location; place of wire transfer or e-wallet transaction).
- Where checks were issued, delivered, or dishonored.
- Where the victim suffered loss as a result of the deceit.
In practice—especially for online scams—prosecutors often accept filing where the complainant received the deceptive representations or made the transfer. If multiple places qualify, choose the venue that is most convenient and best supported by your documents.
How filing works:
1. Prepare an Affidavit-Complaint (subscribed and sworn before a prosecutor or notary) and evidence.
2. File at the Prosecutor’s Office with jurisdiction (many accept e-filing; check local rules).
3. Preliminary Investigation: The prosecutor issues a subpoena; respondents file counter-affidavits; you may file a reply; the prosecutor resolves probable cause.
4. If probable cause is found, an Information is filed in the appropriate trial court (RTC or MTC/MeTC, depending on imposable penalty as affected by amounts under RA 10951).
5. Warrant and bail procedures follow; the case proceeds to arraignment and trial.

Tip: Filing with the prosecutor is generally free. You’ll shoulder document, notarization, and counsel fees.

2) Securities Regulation Code violations — SEC (EIPD)

File a complaint with the SEC Enforcement and Investor Protection Department if the scheme involves unregistered investment contracts or unlicensed selling, Ponzi/pyramid schemes, or fraud in securities. You can attach the same fact set and evidence you prepared for estafa. The SEC may issue Advisories, Cease and Desist Orders, and endorse or directly file criminal actions for SRC violations (often in Special Commercial Courts).

Why file with SEC too? Many investment scams hinge on illegal securities offering. SEC action can freeze or restrain operations quickly, help secure records, and coordinate with AMLC and law enforcement for asset tracing.

3) Cybercrime channels — NBI/PNP

If the scam used social media, messaging apps, fake websites, or online payment rails, report to:

NBI Cybercrime Division or PNP Anti-Cybercrime Group (ACG) They can forensically preserve digital evidence, send preservation/production requests to platforms, and help trace accounts and devices. You can do this in parallel with your criminal complaint.

4) Banking and sector regulators (supporting complaints)

AMLC: For suspicious transactions and potential asset freezing (through courts) of accounts linked to the scam.
BSP: If banks/e-money issuers/remittance channels were involved—file consumer assistance complaints for transaction records and process escalation.
Insurance Commission or DTI: If the product smells like insurance or a non-securities consumer product mislabeled as an “investment”.

What to file: documents and evidence checklist

Affidavit-Complaint should narrate a clear timeline and the elements of estafa. Attach certified or best-available copies of:

Proof of payments: deposit slips, bank statements, wire confirmations, e-wallet receipts, checks (front/back), dishonor memos.
Contracts/receipts: “investment” agreements, promissory notes, acknowledgments, subscription forms, pitch decks/slide printouts.
Digital evidence: screenshots/exports of chats, emails, social media posts/ads, websites, video calls, and metadata where available.
Identity/linkage: IDs, business cards, corporate papers, SEC/DTI certificates (or proof of lack of registration/licensing), photos of offices/events.
Victim set: if multiple victims, prepare individual affidavits plus a matrix of amounts/dates/representations; attach a special power of attorney if one person will file for a group.
Demand letters and responses (not required for estafa, but helpful to show bad faith).
Computation of loss with interest; note any partial refunds.

Preserve originals. For digital items, keep the native files, export complete conversation threads, and avoid editing or cropping originals.

Choosing the best venue (practical scenarios)

You attended a hotel “investment seminar” in City A, paid via bank deposit in City B, and later learned the “license” was fake while you live in City C.
- You can file with the Prosecutor of City A (inducement), City B (payment), or where you received the misrepresentations (if online, often your city). Pick the venue with most objective documents.
Purely online: You were recruited via Facebook, Zoom pitch, and you transferred to an e-wallet/bank while at home.
- File where you received the deceit and made the transfer (your city/province). Add a cybercrime report for preservation of logs.
Checks bounced: Venue lies where the check was issued/delivered or dishonored, or where it induced you to invest.

Criminal vs. administrative vs. civil: can you do all three?

Yes. Commonly, victims (a) file criminal estafa with the Prosecutor, (b) file SRC complaints with the SEC, and (c) pursue a civil action to recover sums and damages. The civil action can be:

Included (or reserved) in the criminal case; or
Filed separately for rescission, collection, and damages (e.g., under the Civil Code and/or SRC civil liability provisions).

Strategy: A separate civil case can unlock provisional remedies (e.g., writ of attachment, injunction) to secure assets early, while the criminal case proceeds on its own track.

Penalties, prescription, and bail (high-level)

Penalties for estafa scale with the defrauded amount under RA 10951. As amounts rise, penalties move from prisión correccional to prisión mayor (afflictive). Syndicated/large-scale estafa (PD 1689) imposes severe penalties (now effectively reclusion perpetua for the most serious forms).
Prescription (time limits): Estafa generally prescribes between 10 and 15 years depending on the imposable penalty (correctional vs. afflictive). Don’t cut it close—act promptly; prescription can be fact-intensive.
Bail: Estafa is typically bailable (amount set by the court), except in the gravest PD 1689 scenarios.

Step-by-step filing roadmap

Assemble your file: timeline, affidavit-complaint, evidence tabs.
Assess venue: list all possible places where acts occurred; pick the strongest venue.
File with the Prosecutor: submit affidavit-complaint and annexes; secure your case reference.
Parallel filings:
- SEC (EIPD) for SRC violations (attach your evidence set).
- NBI/PNP cybercrime for digital preservation and tracing.
- Bank/e-money complaints to help retrieve records and flag accounts.
Track the preliminary investigation: respond to counter-affidavits; attend clarificatory hearings if scheduled.
Consider a civil action: especially to seek attachment or injunction over assets.
Coordinate with co-victims: shared evidence strengthens the case; avoid inconsistent narratives.
Prepare for enforcement: once an Information is filed and a warrant issued, coordinate with agents for service; monitor bail and arraignment.

Practical tips that often decide cases

Tell a coherent story tied to the legal elements of estafa: (a) deceit/abuse of confidence, (b) reliance/inducement, (c) delivery of money, (d) damage.
Corroborate with independent items: bank certifications, telco certifications (SIM ownership where available), platform confirmation emails, IP logs (via law enforcement).
Identify human actors behind the entity**:** directors/officers, recruiters, and “upline” handlers. Corporate papers, event photos, and chat handles help attribution.
Mind the SRC angle: If they sold “investment contracts” without registration or license, that’s a securities offense—powerful leverage with the SEC.
Preserve devices: Don’t factory-reset phones or laptops. Keep original chats and export complete threads.
Demand letters can flush out admissions (e.g., “we’ll pay next week”) and settlement trails—helpful even if not legally required.

Frequently asked questions

Q: Can I file in my city even if the promoter is based elsewhere? A: Often yes, if you received the deceit, sent funds, or suffered loss there. Anchor venue to a concrete element of the crime that your documents prove.

Q: Is filing with the SEC enough? A: No—SEC actions do not replace criminal estafa. File both where appropriate.

Q: Will paying me back end the case? A: Restitution may affect penalties and prosecutorial discretion, but estafa is a public offense; private settlement doesn’t automatically erase criminal liability.

Q: Can we file as a group? A: Yes. Each victim should have an individual affidavit; you can file a joint complaint with a victim matrix. Group filings can support large-scale/syndicated allegations.

Q: How long will it take? A: Timelines vary by docket load and complexity. What you control is completeness of evidence and clear narration.

Simple templates (adapt as needed)

A. Venue paragraph (sample for affidavit):

“Complainant resides in ___ City. On [date], respondent communicated false representations to complainant via [platform/call] received in ___ City, which induced complainant to deposit Php ___ to account no. ___ at [bank/e-wallet] in ___ City. Damage was suffered in ___ City. Hence, venue is proper before the Office of the City Prosecutor of ___.”

B. Evidence index (attach to affidavit):

Deposit slips / bank confirmations (Annexes A-A-__)
Screenshots of chats/emails (Annexes B-B-__)
Investment pitch deck/receipts (Annexes C-C-__)
IDs, corporate papers, photos (Annexes D-D-__)
Demand letter and courier proof (Annex E)
Loss computation (Annex F)

Bottom line

File criminal estafa with the Prosecutor’s Office where any element occurred (deceit was received, money was delivered, checks were issued/dishonored, or loss was suffered).
Also file with the SEC (EIPD) for securities-law violations typical of investment schemes.
For online scams, loop in NBI/PNP cybercrime early to preserve digital evidence.
Consider a parallel civil action to secure and recover assets.

If you want, share your timeline, amounts, and evidence list, and I’ll map the strongest venue(s) and draft a venue-anchored affidavit-complaint outline you can take to the prosecutor.