REPORTING AN ONLINE SCAMMER TO THE NATIONAL BUREAU OF INVESTIGATION (NBI) IN THE PHILIPPINES
A comprehensive legal guide
1. Why the NBI?
The National Bureau of Investigation (NBI) is the country’s principal investigative arm for complex or large-scale crimes that transcend local police jurisdictions. Section 1 of the New NBI Law (Republic Act No. 10867) expressly empowers the Bureau to investigate cyber-crime and other offenses “involving threats to the security of the State, or committed using information and communications technology.”
While you may also complain to the Philippine National Police – Anti-Cybercrime Group (PNP-ACG), the NBI’s Cybercrime Division (CCD) is the unit that coordinates digital forensics, preservation orders, coordination with foreign service providers, and eventual prosecution through the DOJ Office of Cybercrime.
2. Common legal bases for charging an online scammer
| Statute | Key offense(s) you can allege | Penalty range | Notes |
|---|---|---|---|
| Art. 315, Revised Penal Code (Estafa/Swindling) | Fraudulent misrepresentation, false pretenses, bouncing cheques | Prisión correccional to reclusión temporal (6 mos 1 day – 20 yrs) + restitution | Still the work-horse for scams; becomes cyber-estafa if ICT is a “means”. |
| RA 10175 – Cybercrime Prevention Act | §4(b)(3) Online fraud; §4(b)(2) Computer-related forgery; §5 Aiding/abetting | Penalty one degree higher than the underlying offense | Provides for cyber-warrants and extended jurisdiction. |
| RA 8792 – E-Commerce Act | §33(a) Hacking, §33(b) Fraud through electronic messages | Fine ≤ ₱1 M and/or imprisonment ≤ 3 yrs | Frequently paired with estafa. |
| RA 8484 – Access Devices Regulation Act | Unauthorized use of credit/debit cards, one-time-password (OTP) interception | Fine ≤ ₱1 M + jail 6 yrs 1 day – 20 yrs | Covers SIM swaps, phishing of card data. |
| RA 11934 – SIM Registration Act (2022) | Use of unregistered or spoofed SIM in the commission of a crime | Up to ₱300 K fine + imprisonment | Lets investigators trace the SIM owner. |
Bottom line: Most scam scenarios boil down to estafa committed through ICT. The cyber element aggravates the penalty and enables search, seizure, and preservation orders tailored for digital evidence.
3. Jurisdiction and venue
- Cybercrime courts – Under A.M. No. 03-03-03-SC (as amended) and A.M. No. 17-11-03-SC (Rules on Cybercrime Warrants), designated Regional Trial Courts (RTCs) in every judicial region try cyber-crime.
- Multiple venues – The Information (charge sheet) may be filed where:
- the offended party resides,
- any element of the offense took place (e.g., where the money was sent or where the deceitful message was received), or
- where electronic data is stored/obtained (practical for servers in Metro Manila).
- Prescriptive period – Special crimes follow Act No. 3326:
- Penalties ≥ 6 yrs 1 day → 12-year prescriptive period
- Penalties < 6 yrs → 5 years
Estafa over ₱12,000 may prescribe in 15–20 years depending on the penalty actually imposable.
4. Step-by-step: Filing your NBI complaint
| Step | What to do | Practical tips |
|---|---|---|
| 1. Book an E-appointment | Use the NBI Online Registration portal → “NBI Clearance: NBI Complaint & Action Center (CAC)” or call the CCD hotline. | Slots for cyber-crime are separate from routine clearance slots; pick “Cyber-Crime/Online Fraud”. |
| *2. Prepare a Complaint-Affidavit | State the full narrative: dates, online platform, usernames, amounts, promises, and how you were defrauded. Attach a government-issued ID and sign before an Assistant State Prosecutor, Prosecutor on Duty, or NBI Admin Officer who can administer the oath. | Use numbered paragraphs; reference annexes (Annex “A” – screenshots, “B” – receipts). |
| 3. Gather evidence | • Full chat/email threads (screenshots + raw .html/.txt) • Transaction receipts, e-wallet logs, bank deposit slips • URL of the scam post, archived via urlscan.io or archive.ph • WHOIS records, if a dedicated domain was used • Call logs or voice notes (export in .mp3 /.wav) |
Print AND save to USB; keep originals unaltered. CCD will forensically image devices if needed. |
| 4. File at NBI-CCD (or nearest NBI Regional Office) | Submit two hard copies + soft copy (USB). Pay ₱300–₱750 filing fee (varies by regional office). You will receive: Reference Number, Receiving Stamp, and Investigator-in-Charge (IIC) contact. | Bring an extra ID; phones/laptops may be held for cloning—back up your data. |
| 5. Elective Preservation Order | The IIC can immediately seek a Warrant to Preserve Computer Data (WPCD) to stop deletion of the scammer’s e-mail, social-media account, or e-wallet logs. | The earlier you complain, the easier to preserve logs (Facebook keeps deleted data ~30 days). |
| 6. Investigation & case build-up | Expect follow-up clarifications, possible sting operations (controlled bank pay-ins). Investigators may subpoena banks/e-wallets using a Warrant to Disclose Computer Data (WDCD). | Cooperate quickly; delays cause log expiry. You may request status updates every 30 days. |
| 7. Filing before the DOJ | Completed case is forwarded for inquest (if suspect is arrested) or pre-investigation (regular). You will be required to appear or submit a verified affidavit of desistance if you settle. | Non-appearance may lead to case dismissal. Always notify the prosecutor if you must leave the country. |
| 8. Court proceedings | Upon finding probable cause, the prosecutor files an Information in the Cyber-Crime RTC. You will get a subpoena as witness and to establish damages. | Keep proof of additional expenses (e.g., airfare to hearings) for restitution. |
5. Evidence rules and digital forensics
- Chain of custody – Rule 4 §2 of A.M. No. 17-11-03-SC requires a digital evidence log: hash values (SHA-256), timestamps, devices seized, and every person who handled them.
- Original vs. duplicates – Under the Rules on Electronic Evidence (A.M. No. 01-7-01-SC), print-outs are admissible if authenticated by a person who saw them made or by a recognized hash.
- Service-provider cooperation – The NBI coordinates with Facebook, Google, GrabPay, GCash, PayMaya, Binance, etc., through Mutual Legal Assistance Treaties (MLAT) or direct law-enforcement portals.
6. Possible outcomes and remedies
- Criminal conviction – Jail and a fine; the court usually orders restitution of the defrauded amount plus interest (Art. 104, RPC).
- Civil action for damages – You may file a separate or independent civil suit under Art. 33 (fraud) or Art. 2176 (quasi-delict) of the Civil Code; but courts often award this within the criminal case to avoid multiplicity.
- Provisional relief – Asset freeze via Anti-Money Laundering Council (AMLC) if proceeds are traceable; Hold Departure Order to prevent flight; and Pre-trial attachment under Rule 57 if there is a danger of asset dissipation.
- Restorative settlement – In estafa, payment of the amount (and sometimes 10% surcharge) before judgment does not erase criminal liability but can mitigate penalty (Art. 315 ¶4). Many prosecutors dismiss if the complainant executes an affidavit of desistance, but the crime remains public in nature—the State may still prosecute in “heinous” or syndicated cases (≥ ₱10 M or involving ≥ 5 persons).
7. Victim’s rights & practical tips
- Right to be informed – under RA 10367 (Witness Protection, Security and Benefit Act) you are entitled to updates on arrest, bail, or escape.
- Privacy – RA 10173 (Data Privacy Act) protects your personal data in the complaint file. Only the prosecutor, court, or defense counsel may copy it.
- Security – If you are threatened, request inclusion in the Witness Protection Program (WPP) or at least a “Threat Assessment.”
- Travel or residence abroad – Give a Special Power of Attorney to a relative so subpoenas reach you, or risk being dropped from the complaint.
8. Sample template: Complaint-Affidavit (excerpts)
…That on 14 February 2025, I was browsing the Facebook page “QuickCash Gadget Reseller”… Respondent Juan Dela Cruz (FB ID: @juantrade) offered an iPhone 15 for ₱64,000, promising shipment via LBC within 24 hours… I transferred ₱64,000 through GCash #0917 123 4567 (name reflected: JUAN DE CRUZ) at 15:07 H; copy of the transaction slip is attached as Annex “B.” After payment, Respondent blocked my account and deleted the post… My home address is … and I am executing this affidavit to charge the Respondent with Estafa under Art. 315 par. 2(a) in relation to Sec. 6 of RA 10175…
9. Frequently asked questions
| Question | Answer |
|---|---|
| Can I go straight to the Prosecutor’s Office? | Yes, but the fiscal will often refer cyber-cases back to the NBI/PNP for digital preservation. Filing with NBI first speeds up forensics. |
| Is mediation possible? | Yes; the DOJ has a Mediation Unit. Settlement restores civil damages but does not erase the public offense unless the prosecutor or court decides otherwise. |
| What if the scammer is abroad? | NBI requests Interpol Red Notice and mutual legal assistance. For small-value scams it is rarely cost-effective; civil compromise is encouraged. |
| How long before I get my money back? | Only after conviction or a mediated agreement. The NBI cannot force a refund during investigation, though they may pressure the suspect to disgorge funds. |
| Is there a filing deadline? | See Section 3 above on prescriptive periods. Practically, act within 6 months so service-provider logs still exist. |
10. Key contact information (2025)
| Unit | Phone / E-mail | Office address / Website |
|---|---|---|
| NBI Cybercrime Division (CCD) | (02) 8523-8231 loc. 3455 / cybercrime@nbi.gov.ph | NBI Bldg., Taft Ave., Ermita, Manila |
| NBI Complaint & Action Center | 0961-734-9450 (Globe) / 0977-674-8058 (Smart) | Same as above |
| PNP-ACG | (02) 8414-1560 / info@acg.pnp.gov.ph | Camp Crame, Quezon City |
| DOJ Office of Cybercrime | (02) 8523-8481 loc. 310 | Padre Faura St., Manila |
(Numbers may change; always confirm via the agency’s verified website.)
Take-away checklist
- Book an NBI cyber-crime appointment early.
- Draft a detailed, sworn complaint-affidavit with annexed digital and financial proof.
- Provide raw evidence (not just screenshots) to preserve metadata and hash values.
- Keep copies of everything you submit—data may be wiped during forensic imaging.
- Follow up every 30 days; cyber-cases move faster when complainants are active.
With timely action and complete documentation, the NBI can trace IP logs, freeze e-wallets, and build a solid case that increases the odds of recovery and conviction.