Pressing Charges for Fraudulent Social Media Solicitation and False Medical Claims in the Philippines

In recent years, the rise of social media and digital communication has opened doors not only to legitimate fundraising campaigns and medical appeals but also to scams and fraudulent solicitations. In the Philippines, these fraudulent activities can lead to legal repercussions for the perpetrators—particularly when individuals solicit money or donations under false pretenses or make fraudulent health-related claims.

This article provides an overview of the relevant laws, the procedures for pressing charges, and the practical considerations involved in cases of fraudulent social media solicitation and false medical claims in the Philippine context.

1. Overview of Fraudulent Solicitation and False Medical Claims

1.1 Definition of Fraudulent Solicitation

Fraudulent solicitation generally occurs when a person or group solicits funds, donations, or any form of monetary contribution under false pretenses—meaning they misrepresent facts to induce others to give money. Common examples include:

Pretending to represent a charity, NGO, or religious group to collect donations.
Using fabricated or exaggerated stories about personal hardships, medical conditions, or natural disasters to appeal for financial help.
Falsely claiming affiliations with established institutions (government agencies, hospitals, etc.).

1.2 Definition of False Medical Claims

False medical claims refer to instances where an individual or entity misrepresents a health condition, diagnosis, or treatment to gain financial benefit or other advantages. Examples include:

Faking or exaggerating health conditions to solicit donations.
Misrepresenting medical procedures or treatments, often involving unregulated medicines or therapies.
Promoting fraudulent cures or remedies without the required approvals (e.g., from the Food and Drug Administration [FDA] in the Philippines).

2. Applicable Philippine Laws

A range of laws may come into play depending on the specifics of the fraudulent act, its scale, and how it was carried out. Below are the primary legal instruments:

2.1 The Revised Penal Code (RPC)

Estafa (Swindling) – Under Articles 315–318 of the Revised Penal Code, estafa involves defrauding another person by abuse of confidence or deceit. In cases of fraudulent solicitation, a person can be charged if they deliberately mislead others into giving money.
- Article 315(2)(a) typically applies when false pretenses are used to obtain money or property.
- Penalties depend on the amount involved and the aggravating circumstances.
Other Deceit-Related Offenses – The RPC also includes other provisions penalizing deceit. While these are less commonly invoked than estafa, they can be relevant if the circumstances do not neatly fit under Article 315.

2.2 Cybercrime Prevention Act of 2012 (RA 10175)

When fraudulent solicitations or false medical claims are disseminated online—through social media, email, websites, or other digital means—this may constitute cybercrime.

Online Fraud – The Cybercrime Prevention Act penalizes acts of fraud committed via the internet. This essentially mirrors estafa but with an online element.
Penalties – The law provides for higher penalties if the crime is committed using information and communications technology.

2.3 Consumer Act of the Philippines (RA 7394)

If the fraudulent solicitation or false medical claims involve the promotion, sale, or marketing of goods and services (including health products), the Consumer Act can apply.

Misleading Advertisements – Sections of RA 7394 penalize deceptive, unfair, or unconscionable sales acts or practices.
Scope – Typically pertains to “products and services” but can overlap with issues of false advertising or claims about medical products.

2.4 Food, Drug, and Cosmetic Act (RA 3720) and Amendments

For false medical claims related to unapproved or unregulated drugs, supplements, or medical devices, the Food and Drug Administration (FDA) has regulatory authority.

Approval and Licensing – Manufacturers and distributors must secure FDA approval before marketing products with health claims.
Penalties – Fines and imprisonment can be imposed for selling or distributing unregistered or misbranded products.

2.5 Medical Act of 1959 (RA 2382) and Related Regulations

Individuals who falsely represent themselves as medical professionals or claim to provide professional medical advice without a license can be penalized under this law and related rules by the Philippine Regulatory Commission (PRC).

Unlicensed Practice of Medicine – Prohibited, and violators can face criminal charges.
Misrepresentation of Qualifications – Using titles like “Dr.” or presenting oneself as a licensed health practitioner without the necessary credentials is punishable.

3. Elements of the Offense: What Must Be Proven

When pressing charges for fraudulent social media solicitation or false medical claims, the prosecution generally needs to establish the following:

Misrepresentation or Deceit
- A false statement or intentional deception about an essential fact (e.g., a medical condition, affiliation with an organization, or the use of donated funds).
Reliance by the Victim
- Donors or victims believed the false representation and were induced by it to give money or property.
Resulting Damage or Injury
- Financial loss, or property loss, or any form of prejudice suffered by the victims as a result of the misrepresentation.
Intent to Defraud
- The perpetrator knowingly deceived the victim. The presence of malicious intent is crucial.

In the context of cybercrime, you must also prove that the act was committed using digital means.

4. Filing a Complaint: Step-by-Step Process

4.1 Gathering Evidence

Before initiating legal action, gather all relevant evidence, such as:

Screenshots of social media posts or chats.
Records of financial transactions (bank deposits, e-wallet transfers, receipts).
Communications (emails, text messages) showing the false solicitation or claims.
Witness statements from other victims or anyone who has relevant information.

4.2 Reporting to Law Enforcement Authorities

Victims or concerned individuals can report fraudulent solicitation or false medical claims to:

Local Police Stations – File a report with the Philippine National Police (PNP).
National Bureau of Investigation (NBI) – Particularly for cybercrime-related cases, the NBI Cybercrime Division can provide assistance.
Cybercrime Investigation and Coordinating Center (CICC) – Under the Department of Information and Communications Technology (DICT), which monitors and coordinates cybercrime efforts.
FDA (for false medical product claims) – If the claim involves unauthorized health products or treatments.
PRC (for fraudulent health professionals) – If the person claims to be a licensed medical practitioner.

4.3 Filing a Formal Complaint

After gathering evidence and consulting with law enforcement, the victim or their legal counsel can file an Affidavit of Complaint before the Office of the Prosecutor. The complaint should detail:

Facts of the case – Specific timeline and circumstances of the fraud.
Evidence – Attach all documentary evidence and witness statements.
Legal provisions allegedly violated – Cite the relevant sections of the RPC, Cybercrime law, etc.

4.4 Preliminary Investigation

The prosecutor will evaluate the complaint and supporting evidence to determine whether there is probable cause to proceed with criminal charges.

If probable cause is found, the case is filed in court.
If insufficient evidence exists, the prosecutor may dismiss the complaint.

4.5 Court Proceedings

If the case is filed in court:

Arraignment – The accused is formally informed of the charges and enters a plea.
Pre-Trial and Trial – Presentation of evidence and witnesses for both the prosecution and defense.
Judgment – The court issues a decision on whether the accused is guilty or not.
Sentencing – If found guilty, the penalties under the specific law will be imposed.

5. Penalties and Sanctions

5.1 Estafa (Swindling)

Prision correccional (6 months and 1 day up to 6 years) to reclusion perpetua (if the amount is extremely large and if aggravating circumstances apply), depending on the amount of fraud.

5.2 Cyber-Related Offenses

Penalties under the Cybercrime Prevention Act generally carry one degree higher than what is provided by the Revised Penal Code for the same offense committed offline.

5.3 Regulatory Violations (FDA, PRC)

Fines, suspension, or revocation of licenses (for professionals or business operators).
Possible imprisonment if found to be selling unregistered, falsified, or misbranded health products.

6. Civil Liability and Other Remedies

Aside from criminal action, victims may pursue civil remedies to recover damages. Under Article 2176 of the Civil Code of the Philippines (for quasi-delict) or through the indemnification provisions in estafa, the injured parties may seek:

Actual damages – Reimbursement of the sum of money lost.
Moral damages – Compensation for emotional suffering, when applicable.
Exemplary damages – May be awarded if the crime was committed with “wanton or fraudulent” intent.

Victims can also ask the court for injunctive relief, such as an order to cease posting fraudulent claims, or for the removal of misleading social media posts.

7. Practical Considerations

7.1 Importance of Documentation

Collecting and preserving digital evidence is critical. Screenshots, chat logs, and transaction records can strengthen the case.
Metadata (time stamps, URLs, user account details) can help investigators trace the accused.

7.2 Verifying Credibility of Fund Drives

Due Diligence – Before donating to personal or charitable causes online, verify authenticity by checking official documentation, medical receipts, or hospital records.
Organizations – Look for recognized NGOs or registered charitable organizations.

7.3 Coordinating with Legal Counsel

Seek assistance from a lawyer to properly evaluate evidence and guide you through filing criminal or civil actions.
If financial resources are limited, legal aid services may be available through the Public Attorney’s Office (PAO).

7.4 Cyber Libel Considerations

Be mindful when exposing suspected fraudsters online. Wrongful accusations or public shaming campaigns can give rise to cyber libel suits. It is safer to present evidence to the proper authorities.

8. Conclusion

Fraudulent social media solicitation and false medical claims pose significant risks to unsuspecting donors and the wider public. In the Philippines, a comprehensive legal framework—ranging from the Revised Penal Code to the Cybercrime Prevention Act—provides avenues for victims to seek justice. Penalties can be severe, particularly when crimes are committed online or involve critical areas like health and medicine.

When suspecting fraud:

Collect concrete evidence (screenshots, transaction records).
Report the scam to the PNP, NBI, or other relevant agencies.
File a formal complaint with the Office of the Prosecutor if enough proof is gathered.
Consider the possibility of civil action to recover damages.

Ultimately, public awareness and responsible online behavior play a key role in preventing these fraudulent activities. By knowing one’s legal rights and understanding the procedures to file charges, individuals and communities can protect themselves and help uphold accountability in the digital space.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific concerns and personalized guidance, it is advisable to consult a licensed attorney in the Philippines.