Dear Attorney,

I was deceived by someone while I was outside the Philippines. What can I do to file a case against this person even if I am not in the country?

Concerned Victim

Insights

Online Fraud and Filing Complaints from Abroad in the Philippines

Online fraud is a rising concern globally, and the Philippines is no exception. The act of defrauding someone over the internet often falls under the broader legal concept of "cybercrime," specifically addressed in Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012. This law penalizes various forms of cybercrime, including online fraud, identity theft, and computer-related offenses. Below, we provide insights into how individuals can seek legal recourse for fraud, even if they are abroad.

1. Cybercrime and Online Fraud under Philippine Law

Online fraud, which is often referred to as "computer-related fraud" in the Cybercrime Prevention Act, involves the use of deceit or misrepresentation through digital platforms to obtain money, property, or other benefits from a victim. Cybercrime, including fraud, falls under the jurisdiction of special courts in the Philippines that handle cyber-related offenses.

According to Section 6 of the Cybercrime Prevention Act, online offenses committed using a computer system are subject to prosecution in the Philippines if any element of the crime occurs within the country, or if the victim is located there.

2. Filing a Complaint While Abroad

The fact that a victim is located outside of the Philippines does not preclude them from filing a complaint. There are several ways to initiate legal action against a perpetrator:

a. Designate a Representative

If you are outside the country, you may authorize a representative through a Special Power of Attorney (SPA) to file a case on your behalf. The SPA must specifically state the authority granted to the representative, such as filing the complaint, attending hearings, and submitting relevant documents. This document must be notarized and, if executed abroad, must also be authenticated by the Philippine consulate or embassy.

b. File the Complaint Directly with Law Enforcement

If you were defrauded online, the Philippines’ National Bureau of Investigation (NBI) and the Philippine National Police’s Anti-Cybercrime Group (PNP-ACG) have the mandate to investigate cybercrimes, including online fraud. You may file a complaint remotely by contacting the appropriate law enforcement agencies via email or their respective online portals.

Once the law enforcement agency receives your complaint, an investigation will commence. The victim will be required to submit evidence, such as emails, screenshots, or transaction records, that prove the fraudulent activities of the perpetrator. These agencies will work with local prosecutors to build the case.

c. Coordinate with the Prosecutor’s Office

After the law enforcement agency has investigated and found enough evidence, the case will be forwarded to the Office of the Prosecutor. Even if you are not in the Philippines, the prosecutor’s office can communicate with you through electronic means for the submission of documents and additional evidence.

3. Jurisdiction and Venue for Online Fraud Cases

One challenge in prosecuting online fraud is determining where the case should be filed. Under Philippine law, criminal cases, including those involving online fraud, may be filed where the crime took place or where the elements of the offense occurred. For online fraud, this could be either the location where the perpetrator was when they committed the fraudulent act, or where the victim was defrauded.

If any aspect of the crime took place in the Philippines or affected someone residing in the country, Philippine courts have jurisdiction over the case. This principle is especially important in cases involving victims who are not physically in the Philippines when the fraud occurred.

4. Evidentiary Requirements in Cybercrime Cases

To successfully prosecute an online fraud case, the victim must present substantial evidence. The following are commonly required:

Documentary Evidence: Emails, screenshots of online conversations, bank transfer receipts, and any documents that demonstrate the transaction and the fraud that took place.
Electronic Evidence: Copies of the fraudulent website, social media pages, or online profiles used by the perpetrator to deceive the victim.
Witnesses: If applicable, testimonies from individuals who can attest to the deception or fraudulent activities.

The Cybercrime Prevention Act also allows law enforcement to perform searches, seizures, and the collection of computer data if needed.

5. Penalties for Online Fraud

The penalties for online fraud in the Philippines are severe, particularly if the offense falls under the Cybercrime Prevention Act. Penalties may range from six years to twelve years of imprisonment, along with fines amounting to at least double the amount of the fraud.

If the fraud involves a significant amount of money or occurs on a larger scale, additional charges could be filed under the Revised Penal Code, such as estafa (deceit) or swindling. In such cases, the penalties could be even higher.

6. Seeking Compensation for Damages

Aside from criminal prosecution, victims of online fraud may also file civil actions for damages. Under Article 2176 of the Civil Code of the Philippines, any person who, by an act of omission, causes damage to another through fault or negligence, may be held liable for damages.

Victims may recover actual damages (the amount defrauded), moral damages (for the emotional and mental distress caused), and exemplary damages (to serve as an example or deterrent against future fraudulent acts). The process of filing a civil case for damages is separate from the criminal case and can be initiated simultaneously.

7. International Considerations

In some cases, the perpetrator may not be located in the Philippines. If the crime involves individuals or entities outside the country, international cooperation may be necessary. The Philippines is a party to various international agreements on cybercrime and mutual legal assistance treaties (MLATs), which facilitate cross-border cooperation for the investigation and prosecution of cybercrimes.

For example, if the perpetrator resides in a country with which the Philippines has a treaty, local authorities may request assistance in gathering evidence, freezing assets, or extraditing the perpetrator to face charges in the Philippines.

8. Protecting Yourself from Future Online Fraud

It is essential to be proactive in protecting yourself from online fraud. Verify the identity of individuals and businesses before engaging in online transactions. Be cautious of unsolicited offers or deals that seem too good to be true. Use secure methods of communication and payment, and always keep records of all your online transactions and communications.

Conclusion

Filing a case for online fraud in the Philippines while abroad is possible through the appropriate legal and procedural steps. With the help of law enforcement, local representation, and legal counsel, victims can seek justice even if they are not physically present in the country. The legal framework in the Philippines is equipped to handle cybercrimes effectively, providing victims with multiple avenues for redress and recovery of losses.