Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It is always best to consult a qualified attorney or seek assistance from the relevant government agencies for advice specific to your situation.

1. Introduction

Scams—whether online or offline—pose a significant threat to individuals and businesses in the Philippines. These range from traditional swindling or estafa under the Revised Penal Code, to more sophisticated schemes such as phishing, investment scams, and identity theft. Understanding how to properly report a suspected scam is essential if you wish to help law enforcement officials investigate and possibly recover losses or prevent further harm.

This article discusses the key steps, government agencies, and legal frameworks involved in reporting an alleged scam in the Philippines.

2. Overview of Applicable Laws

Revised Penal Code (RPC)
- The primary penal law in the Philippines. Acts of swindling or “estafa” are penalized under Articles 315 to 318 of the RPC.
- Common scenarios include fraudulent misrepresentation and obtaining money or property from another person under false pretenses.
Republic Act No. 10175 (Cybercrime Prevention Act of 2012)
- Addresses cyber-related offenses including online fraud, identity theft, and other illicit online activities.
- Complaints under this law are often handled by specialized units like the Philippine National Police Anti-Cybercrime Group (PNP ACG) or the National Bureau of Investigation Cybercrime Division (NBI CCD).
Consumer Act of the Philippines (Republic Act No. 7394)
- Covers deceptive, unfair, and unconscionable sales acts and practices. Although primarily a consumer protection law, it is also relevant to certain scam-related complaints such as false advertising or fraudulent promotions.
Securities Regulation Code (Republic Act No. 8799)
- Regulates the issuance and sale of securities in the Philippines. Investment scams often fall under violations of this law. The Securities and Exchange Commission (SEC) is mandated to investigate and prosecute such offenses.
Data Privacy Act of 2012 (Republic Act No. 10173)
- Addresses the unauthorized processing of personal data, data breaches, and identity theft. If the scam involves misuse of personal data, you may also have remedies under this law through the National Privacy Commission (NPC).

3. Gathering Evidence

Before filing a formal complaint, gather all relevant evidence to support your claim. This can include:

Receipts, invoices, or deposit slips – If you transferred money or made a payment to the alleged scammer.
Screenshots of online conversations, emails, or social media exchanges – Document any communication you have had with the suspected scammer.
Documents or contracts – Any written agreement or contracts, especially for investment deals or sales transactions.
Witness Statements – If there are individuals who can corroborate your account of the incident, gather their written statements or request them to be prepared to testify.
Electronic evidence – In the context of online scams, gather IP addresses (if you have access to such information), timestamps, or any other form of digital footprint that might help investigators.

Keeping organized records not only aids law enforcement but also speeds up the filing and investigative process.

4. Where and How to Report

4.1 Philippine National Police (PNP) and Local Police Stations

Local Police (Police Blotter): You can start by going to your nearest police station to file a police blotter entry and an incident report. Provide all gathered evidence, relevant documents, and a clear narrative of the alleged scam.
PNP Anti-Cybercrime Group (ACG): For scams perpetrated online, the PNP ACG has specialized personnel and tools to handle cybersecurity threats, cyber fraud, hacking, phishing, and identity theft. Visit or call their offices, or file a complaint online through the official PNP ACG website if available.

4.2 National Bureau of Investigation (NBI)

Cybercrime Division (NBI CCD): Similar to the PNP ACG, the NBI CCD investigates cyber-related crimes, including online scams, identity theft, and other cyber-facilitated fraud.
How to File a Complaint:
1. Prepare an Affidavit of Complaint detailing the nature of the scam, how you were defrauded, and all pertinent details (dates, amounts involved, etc.).
2. Submit your complaint along with supporting documents (proof of payment, screenshots, contracts, communication records).
3. Follow the NBI’s instructions for any additional clarifications, interviews, or sworn statements.

4.3 Securities and Exchange Commission (SEC)

If you suspect that an alleged scam is an unregistered investment solicitation, a Ponzi scheme, or a violation of securities regulations:
1. Contact the SEC Enforcement and Investor Protection Department (EIPD).
2. Provide any pertinent contracts, letters, or communications where returns on investment or securities were offered.
3. The SEC can investigate unlicensed brokers, unregistered securities offerings, and unscrupulous investment schemes.

4.4 Department of Trade and Industry (DTI)

For consumer-related scams, including misleading product promotions or fake advertisements:
1. File a complaint with the DTI–Fair Trade Enforcement Bureau or its regional/provincial offices.
2. Present evidence of the misleading advertisement or unfair practice, receipts, or any written communication.

4.5 National Privacy Commission (NPC)

In cases involving misuse of personal information (identity theft, data breaches), you may file a complaint with the NPC. Provide any evidence that shows unauthorized use or theft of personal data, or potential violations of the Data Privacy Act.

4.6 Cybercrime e-Mail Hotlines or Helplines

In addition to direct agency visits, some agencies have official helpline numbers or online reporting platforms. Check the official website of PNP ACG, NBI, or other agencies for up-to-date contact details.

5. Steps in Filing a Complaint

Draft an Affidavit of Complaint
- This is a sworn statement outlining the entire sequence of events, the nature of the alleged scam, and the identities (if known) of all involved parties. Be factual, clear, and specific.
Prepare an Affidavit of Witnesses (if available)
- If there are witnesses to the transactions or communications, have them execute a sworn statement as well.
Submit Supporting Documents/Evidence
- Compile a folder of all the relevant documents, receipts, screenshots, and other evidence. Make duplicates to submit to the investigating office.
Get your Documents Notarized (if required)
- Some offices may require notarized affidavits or verified statements to initiate an official investigation.
Coordinate with the Investigating Officer
- Once you file your complaint, the investigating officer may reach out for clarification. Respond promptly and provide any additional details or evidence they request.
Monitor Case Progress
- Law enforcement or relevant agencies should give you updates on the status of your case. Stay in contact and follow up regularly.

6. Potential Outcomes

Case Evaluation and Investigation
- After your complaint is filed, the police, NBI, or other relevant agency will determine if probable cause exists to proceed with further investigation.
Filing of Criminal Charges
- If the investigation finds enough evidence, the prosecutor’s office may file criminal charges against the alleged scammer.
Mediation or Settlement
- Depending on the nature of the scam and the willingness of parties, you may explore settlement or mediation (especially for smaller claims or consumer-related disputes).
Court Trial
- For more serious offenses, or where settlement is not possible, the matter proceeds to court. You may be required to testify, present evidence, and go through the judicial process.
Civil Remedies
- In addition to criminal charges, you might consider a civil suit for the recovery of damages. Consult a lawyer for guidance on whether to file a civil action in addition to or instead of a criminal complaint.

7. Tips and Best Practices

Consult a Lawyer: Whenever you suspect fraud or a scam, especially if the amount involved is significant or the case is complex, consult a reputable attorney who practices in the relevant field.
Report Early: Prompt reporting helps authorities investigate quickly. Scammers often relocate or hide evidence over time.
Stay Organized: Keep all records, correspondence, and evidence in a single file or folder. Make both physical copies and digital backups.
Beware of “Recovery Scams”: Once you become a victim of a scam, you may be at risk of being targeted by individuals pretending they can recover your money for a fee. Always verify the legitimacy of anyone offering to help recover assets.
Safeguard Personal Information: Be cautious about giving additional personal data unless it is to a recognized authority or an identified lawyer. Improper handling of your information can lead to more scams.

8. Conclusion

Reporting an alleged scam in the Philippines involves a systematic approach—gathering evidence, identifying the proper agency (PNP, NBI, SEC, DTI, or NPC), filing the necessary affidavits and documents, and following up throughout the investigation. Knowledge of the relevant laws and processes can greatly expedite a complaint and increase the possibility of recovering losses or preventing future harm.

Remember, while these guidelines provide a general roadmap, each case is unique. If in doubt, seek professional legal advice and do not hesitate to contact law enforcement authorities at the earliest opportunity. By taking the right steps promptly, you help protect not only yourself but also others who might otherwise fall victim to the same scam.