Facebook Marketplace Scam Remedies under Philippine Law
(A comprehensive legal guide as of 26 April 2025)
1. Introduction
Facebook Marketplace gives private individuals and micro-entrepreneurs instant access to millions of Filipino buyers—but the same openness invites fraud. Scams range from “bogus buyers” who never pay to sellers who ship stones instead of smartphones. This article surveys all viable remedies, procedural options, and preventive strategies available in the Philippines when a Marketplace transaction goes bad.
Disclaimer: This material is for information only and is not a substitute for personalised legal advice. Laws cited are in force as of 26 April 2025.
2. Governing Legal Framework
| Source of law | Key provisions relevant to Marketplace scams |
|---|---|
| Revised Penal Code (RPC) | • Estafa (Art. 315) – swindling through false pretence, fraudulent act, or abuse of confidence. Penalty is scaled to the amount defrauded (up to reclusion temporal if > ₱2 million). • Other Deceits (Art. 318) for lesser frauds not covered by Art. 315. |
| R.A. 8792 (E-Commerce Act) | Recognises electronic data messages, screenshots, and chat logs as admissible evidence (§6–11). Separate offence for “accessing any computer system without right” that leads to fraud. |
| R.A. 10175 (Cybercrime Prevention Act) | “Computer-related fraud” (§6 (b)(2)) upgrades estafa committed by, through, and with ICT to one degree higher penalty than under the RPC. Venue extends to the place where any element of the crime or any part of the data transmission occurred. |
| R.A. 7394 (Consumer Act) & DTI DO 21-06 / Joint AO 22-01 | • Misrepresentation is an unfair or deceptive sales act (Art. 50). • Administrative fines up to ₱500,000 per violation, suspension of business name, or closure of online store. |
| Civil Code of the Philippines | • Rescission (Art. 1381) and annulment of contracts for vitiated consent. • Damages (Art. 1170 ff.) for fraud, bad faith, or negligence. |
| Small Claims (A.M. No. 08-8-7-SC, as amended) | Simplified civil action ≤ ₱400,000; no lawyers needed; 30-day resolution target. |
| Data Privacy Act (RA 10173) | Identity-theft-type scams may trigger criminal liability and civil damages under §25–34. |
| Anti-Money Laundering Act (RA 9160, as amended) | Laundering of swindled proceeds ≥ ₱500,000 in one transaction is a separate predicate offence. |
3. Most Common Marketplace Scams
- Phantom Seller: Payment is sent but the item never arrives.
- Counterfeit / “Bato sa LBC”: Goods delivered are fake or worthless.
- Dual-purse Fraud: Buyer sends fake proof of payment; seller ships the item and never receives funds.
- Overpayment/Chargeback: Buyer “accidentally” overpays (e.g., bogus GCash receipt) and demands a refund to a different account.
- Switch & Return: Buyer swaps the genuine item with an older/damaged unit and invokes Facebook’s purchase protection.
- Account Takeover (“hacked shop”) causing sales proceeds to be diverted.
4. Remedies and How to Invoke Them
4.1. Platform-level Remedies
| Step | How it works | Typical outcome |
|---|---|---|
| Report to Facebook (“Report Seller/Buyer” link) | Triggers internal review; may freeze the counter-party’s account, chat, and listing. | At best, listing removal and blacklisting. Facebook does not compel refunds. |
| Download Data | Use Settings → Your Facebook information → Download profile information to obtain chat logs with time stamps. | Preserves admissible evidence under Sec. 7, RA 8792. |
4.2. Payment-system Remedies
| Channel | Window to dispute | Grounds | Relief |
|---|---|---|---|
| GCash / Maya “Help Center” | 15 days (GCash) / 7 days (Maya) from transaction date | Fraud, unauthorised transfer | Reversal if sender proves deception and receiver’s wallet still contains funds |
| Credit-card chargeback (BSP Circular 1160) | 120 calendar days from posting date | “Services not rendered” or “Merchandise not received” | Temporary credit while bank investigates (up to 90 days) |
| Instapay / PESONet complaint (BSP Circular 1090) | 45 days | Erroneous or fraudulent transfer | Receiving bank must respond in 7 days; refund if funds intact |
4.3. Criminal Remedies
| Action | Where to file | Evidence to attach |
|---|---|---|
| Complaint-Affidavit for Estafa / Cyber-Fraud | 1. PNP Anti-Cybercrime Group (Camp Crame) or any Regional ACG office 2. NBI Cybercrime Division (Manila) 3. City/Provincial Prosecutor where complainant resides or where payment was made |
Screenshots (authenticated), courier receipts, bank/GCash records, ID of parties, timeline of chats, affidavit of witnesses |
| Private complaint via Barangay Lupon | Required for purely civil money claims ≤ ₱400,000 when parties live in the same city/municipality (Lupong Tagapamayapa, L. No. 7160). Not required if the act is punishable by imprisonment > 1 year (e.g., estafa ≥ ₱12,000). | Same as above |
Prescription:
• Estafa – 15 years (Art. 90, RPC).
• Cybercrime offences – 12 years (§8, RA 10175).
• Consumer Act offences – 2 years from discovery (§169, RA 7394).
4.4. Civil Remedies
- Specific performance / rescission in the proper trial court (MTC if claim ≤ ₱400k, otherwise RTC).
- Small Claims Case—no lawyers, ₱2,500 filing fee; court has 24 hrs to issue Summons; judgment within 30 days after hearing.
- Damages for quasi-delict (tort) if negligence—not fraud—caused the loss (Art. 2176).
- Replevin to recover wrongfully detained personal property.
4.5. Administrative Remedies (DTI)
| Step | Forum | Statute of Limitations |
|---|---|---|
| File e-Complaint at DTI Fair Trade Enforcement Bureau (“FTEB Portal”) | Mediation within 10 working days; if unresolved, Adjudication Officer issues decision ordering refund + administrative fines | 2 years from discovery (Art. 169, RA 7394) |
DTI decisions are enforceable after 15 days if unappealed and can be executed by sheriffs under the Rules of Court.
5. Gathering and Preserving Electronic Evidence
- Capture at source: full-screen recordings showing URL, date, and time.
- Secure Hashing: Use MD5/SHA-256 to generate a digital fingerprint of files; include hash values in affidavit.
- Notarised Print-outs: Attach screenshots to a sworn Affidavit of Authenticity citing §§ 1–2, Rule 4 on Electronic Evidence (A.M. No. 01-7-01-SC).
- Subpoena to Facebook (via MLAT): For large-scale syndicates, prosecutors may request preservation of server-side logs under §13, RA 10175 in coordination with the DOJ Cybercrime Office.
6. Cross-border Issues
The vast majority of Marketplace scams originate domestically, but where a seller is abroad:
| Scenario | Remedy |
|---|---|
| Non-delivery from overseas seller | File International Consumer Complaint via ASEAN CISS (for ASEAN-based merchants) or econsumer.gov (US-based). Philippine DTI transmits the complaint to the home regulator. |
| Delivery of counterfeit goods | Bureau of Customs may seize goods under I.P. Code §§ 118 & 253; file notice with IPOPHL. |
| Money mule in PH received the payment | Proceed criminally against the mule for estafa and AMLA violation; recover funds in local bank. |
7. Sample Demand Letter (90-word template)
[Date]
[Name of Seller / Buyer]
[Address / FB handle]Dear Mr./Ms. [Name],
On [date] I paid ₱[amount] for [item] via [GCash ref. no.]. Despite repeated follow-ups, no genuine product was delivered. Under Article 315 of the RPC, RA 8792, and our agreement dated [chat date], you are in breach. Demand is hereby made for (a) full refund within five (5) days and (b) ₱[amount] for incidentals, failing which I shall initiate criminal and civil action without further notice.
Sincerely,
[Your name & ID]
Sending a written demand stops the defendant from arguing good-faith mistake and satisfies the 15-day demand rule in certain estafa variants (Art. 315 2-a).
8. Preventive Checklist for Buyers and Sellers
- Meet-up in public places; inspect the item before paying.
- COD via vetted couriers (LBC, J&T “Protect-Cash”) instead of direct wallet transfers.
- Use “Pay for Goods” on GCash (funds held in escrow until item confirmed).
- Check seller age & community ratings; new profiles are high-risk.
- Reverse-image search product photos to detect stolen listings.
- Keep chats on Messenger; moving to Telegram/WhatsApp forfeits platform support.
- Sellers: Wait for “GCash Payment Received” SMS—not just screenshots—before shipping.
9. Conclusion
Philippine law arms victims of Facebook Marketplace scams with layered remedies—from E-wallet chargebacks, to DTI consumer actions, to full-blown cyber-estafa prosecutions carrying penalties of up to 20 years’ imprisonment. Success hinges on swift evidence preservation and choosing the forum that matches the amount in dispute, the defendant’s location, and the victim’s urgency for relief. As e-commerce grows, regulators (DTI, BSP, DOJ) continue to refine procedures, but the timeless rule remains: document everything and act quickly.