Reporting Online Scammers in the Philippines
A practitioner-oriented legal guide (updated 25 April 2025)
1. Why reporting matters
Online fraud already costs Filipinos ≈₱1 billion a year, according to the DICT’s CERT-PH 2022 report. Swift, well-documented complaints are the only way investigators can trace digital footprints before logs are overwritten or funds are laundered. ([PDF] CERT-PH ANNUAL REPORT (Revised) - NCERT)
2. Core laws you will invoke
Law | Key provisions on scams | Typical penalties* |
---|---|---|
Revised Penal Code (Art. 315 Estafa) | Fraud “by false pretenses” incl. fake e-shops | 6 mos-20 yrs + restitution |
RA 10175 Cybercrime Prevention Act of 2012 | Computer-related fraud & identity theft; real-world crimes committed “through ICT” carry +1 degree higher penalty | Prisión mayor (6-12 yrs) &/or ₱200k-₱1 m fine (Republic Act No. 10175 – Cybercrime Prevention Act of 2012) |
RA 8484 (as amended by RA 11449, 2019) Access Devices Regulation Act | Skimming, phishing, unauthorized online-bank access | 6-20 yrs; up to life if economic sabotage (Republic Act No. 8484 - Lawphil, Republic Act No. 11449 - Lawphil) |
RA 8792 E-Commerce Act 2000 | Makes screenshots/chat logs “functional equivalents” of originals (crucial for evidence) (E-Commerce Act - LawPhil) | 1-3 yrs &/or ₱100k-₱1 m |
RA 11934 SIM Registration Act 2022 | Using a spoofed or unregistered SIM to scam | ≥6 yrs or ₱200k fine (Spoofing under RA 11934 - NTC Region VI) |
RA 11765 Financial Products & Services Consumer Protection Act 2022 | Criminalises “investment fraud” & forces banks to help freeze funds (Republic Act No. 11765 - Lawphil, [PDF] MEMORANDUM No. M-2024-030 - Bangko Sentral ng Pilipinas) | |
RA 10173 Data Privacy Act | Selling/leaking personal data used for phishing | 1-6 yrs & up to ₱5 m |
Securities Regulation Code & SEC Advisories | Unregistered “crypto/forex” or P2E schemes | ₱5 m fine &/or 7-21 yrs ([PDF] ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT) |
*Courts may impose fines instead of imprisonment for some cyber-libel-type offenses (SC: For Online Libel, Courts May Impose Alternative Penalty of Fine ...)
3. Where—and how—to file a complaint
Situation | Primary venue | Channels |
---|---|---|
E-commerce, phishing, account take-over | PNP Anti-Cybercrime Group | e-mail acg@pnp.gov.ph, “E-Complaint” portal, 24/7 hotlines on the ACG Facebook page (PNP Anti-Cybercrime Group - Facebook) |
Investment or pyramid scam | SEC Enforcement & Investor Protection Dept. (EIPD) | epd@sec.gov.ph; walk-in at SEC Main; hotline 02-818-6047 ([PDF] ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT) |
Cross-border crimes, large losses, hacked systems | NBI Cybercrime Division | In-person: NBI Main, Taft Ave.; or any NBI regional office |
Data breach / identity theft | National Privacy Commission | Online Breach Notification Form & notarised complaint (Breach Reporting - National Privacy Commission, Filing formal complaints - National Privacy Commission) |
Phishing sites, malware, DDoS | DICT-CERT-PH / NCERT | cert-ph@dict.gov.ph using official incident template ([PDF] CERT-PH Incident Reporting and Technical Assistance Request ..., [PDF] CERT-PH ANNUAL REPORT (Revised) - NCERT) |
Banking/payment scams | Bank’s Fraud Desk + BSP Consumer Protection & “BSP Online Buddy” | Bank must freeze funds within 24 h under BSP Memo M-2024-030; escalate unresolved cases to consumeraffairs@bsp.gov.ph ([PDF] MEMORANDUM No. M-2024-030 - Bangko Sentral ng Pilipinas, Bangko Sentral ng Pilipinas Regulations - BSP Issuances) |
4. Step-by-step reporting workflow
Preserve evidence immediately
- Screenshot full conversations—including timestamps and visible URLs.
- Download transaction receipts or mobile-bank PDFs.
- Record phone calls (with consent) or keep voicemails.
- Hash large files (SHA-256) to prove integrity.
Why? The Supreme Court has ruled that Facebook chats and photos are admissible so long as authenticity is shown. (Photos, Messages from Facebook Messenger obtained by Private ...)
Prepare a Complaint-Affidavit
- Narrate what happened chronologically.
- Attach the evidence list as annexes.
- Swear before a prosecutor, notary, or e-notary (per OCA Circular 95-2023). Guides: (Filing a Complaint Against an Online Scammer in the Philippines, Filing a Fraud Complaint for Online Scam Transactions)
File with law-enforcement
- PNP ACG accepts walk-in, email, Facebook Messenger or E-Sumbong.
- NBI requires personal appearance; bring two IDs and the affidavit (USB & printed copy).
Secure a police e-blotter reference number**—vital for charge-back requests, bank freezes, and insurance claims. (HOW TO FILE AN ONLINE SCAM COMPLAINT TO PNP ACG STEP ...)
Coordinate with your bank/e-wallet within 24 hours
Cite BSP Memo M-2024-030 obliging supervised institutions to assist fraud victims and share logs with investigators. ([PDF] MEMORANDUM No. M-2024-030 - Bangko Sentral ng Pilipinas)Follow-up & prosecution
- The prosecutor conducts preliminary investigation (PI).
- Once an Information is filed, the court may issue an arrest warrant and a hold-departure order (HDO) for large-scale estafa.
5. Jurisdiction, venue & prescriptive periods
- A cyber-crime case may be filed where the offending post was first accessed or where the offended party resides—confirmed in GR 258929 (2022). ([PDF] GR No. 258929 - Supreme Court of the Philippines)
- Estafa & computer-related fraud prescribe in 10 years if the penalty is ≤ prisión correccional; 15-20 years for heavier penalties.
- Civil actions (damages or small-claims up to ₱400,000) can run concurrently.
6. Penalty highlights
Offense | Minimum | Maximum |
---|---|---|
Computer-related fraud (RA 10175 §6(a)) | 6 yrs + ₱200 k | 12 yrs + ₱1 m |
Spoofed SIM (RA 11934 §10) | 6 yrs | 6 yrs + ₱200 k |
Access-device fraud causing ≥50 victims (RA 11449) | Life imprisonment + ₱1-5 m (Republic Act No. 11449 - Lawphil) | |
Investment fraud (RA 11765 §22) | 5 yrs | 21 yrs + ₱5 m |
Cyber-libel (RA 10175 §4(c)(4)) | Fine only (discretionary) (SC: For Online Libel, Courts May Impose Alternative Penalty of Fine ...) | 6 yrs + fine |
7. Electronic evidence & chain of custody
- Rules on Electronic Evidence (A.M. 01-7-01-SC) require authentication by:
- Testimony of a person who saw the data created or copied, or
- Proof of a secure hash, digital signature, or system log.
- Printouts must “reflect the data accurately” (SC, G.R. 170633). (G.R. No. 170633 - LawPhil)
8. Parallel remedies & protective measures
- Asset freeze / recall – Banks may reverse PESONet/Instapay within 24 h on presentation of a police blotter.
- Refund / charge-back – Credit-card issuers are jointly liable under BSP Circular 706 for unauthorized charges.
- Take-down requests – CERT-PH and the DICT can order local ISPs to block phishing pages within hours.
- Privacy complaints – NPC can fine platforms up to 2% of gross sales for data-misuse.
- SEC Cease-and-Desist Order – Victims of investment scams can trigger an ex-parte CDO to stop collections. ([PDF] ENFORCEMENT AND INVESTOR PROTECTION DEPARTMENT)
9. Practical checklist for victims
- Stop contact with the scammer; capture remaining chats.
- Change passwords & activate multi-factor authentication.
- Collect: screenshots, receipts, tracking numbers, bank SMS, caller-ID, emails with full headers.
- Report to PNP ACG/NBI + Bank + CERT-PH + NPC/SEC as applicable.
- Track your complaint docket—follow up every 15 days.
- Consider civil action for damages once the criminal case is underway.
10. Prevention tips
- Verify sellers through DTI Business Name Search and SEC Express.
- Treat too-good-to-be-true ROIs or “pay-to-click” offers as red flags—check the latest SEC advisories page (daily updates).
- Never deposit to personal accounts for “company” transactions—BSP classifies this as a scam indicator.
- Use the SIM Check feature in your telco’s app to confirm if a number is registered.
Conclusion
Reporting online scammers in the Philippines is a multi-agency exercise that relies on fast evidence preservation, the right jurisdiction, and a well-drafted Complaint-Affidavit. With the strengthened penalties under RA 11934 and RA 11765—and with responsive units like PNP ACG and CERT-PH available 24/7—victims now have concrete legal and procedural tools to obtain justice and recover funds.