Dear Attorney,

I am a 17-year-old who recently experienced an online scam. I lost a sum of 4,500 pesos and am unsure how to handle the situation or report the incident. Can you advise me on the steps I can take to address this? Since I am a minor, do I need to involve my parents in this legal process?

Sincerely,
A Concerned Minor

Insights

Online Fraud and Remedies for Victims in the Philippines

Legal Framework for Online Scams

Online scams, also known as cyber fraud, are increasingly prevalent in the Philippines. The law governing cybercrimes and fraud is primarily covered under Republic Act No. 10175, the Cybercrime Prevention Act of 2012, which criminalizes various types of cyber offenses, including online fraud. Article 315 of the Revised Penal Code also addresses swindling or estafa, where deceit causes damage to another party.

Under the Cybercrime Prevention Act, an individual who commits fraud through the internet, such as using false pretenses to deceive another and unlawfully obtain money or property, can face criminal charges. The law stipulates imprisonment and fines, with penalties varying based on the gravity of the offense and the method used.

Reporting the Online Scam

For individuals victimized by an online scam, including minors, the process for seeking justice involves several key steps:

Report the Incident to Law Enforcement
The victim should report the scam to the Philippine National Police Anti-Cybercrime Group (PNP-ACG) or the National Bureau of Investigation (NBI) Cybercrime Division. These agencies specialize in handling cybercrimes, including online scams, and can assist in investigating the incident.
Filing a Complaint
Victims may file a formal complaint either in person or online. They must provide evidence such as screenshots, chat logs, receipts, bank transactions, and any other form of documentation that proves the scam occurred. This is crucial in building a case against the perpetrator.
The Role of the Minor in the Complaint
Since the victim in this case is a minor, it is essential to involve the parents or legal guardians in the legal process. Under Philippine law, minors have legal capacity but are generally required to have their guardians participate in the filing of complaints. The minor’s parents can file the complaint on their behalf, and they will also need to sign any legal documents related to the case.
Coordination with Payment Providers
In some instances, online scams involve financial institutions such as banks or payment platforms. Victims should immediately report the scam to their bank or payment service provider to try to halt the transfer of funds or seek recovery. Most banks and online platforms have fraud investigation teams that can help trace the transaction and block further access to funds.

Legal Action and Remedies

Victims of online scams have both criminal and civil remedies. Criminally, they can pursue charges against the scammer under RA 10175 or Article 315 of the Revised Penal Code. If convicted, the scammer faces imprisonment and fines. However, pursuing criminal action requires the identification of the scammer, which may be difficult if they operate anonymously or through multiple false identities.

On the civil side, the victim may file a civil case for the restitution of the money lost. Under the Civil Code of the Philippines, individuals who have been defrauded can seek compensation for damages, which includes not only the amount lost but also moral damages, if applicable. The courts may also impose exemplary damages if the scam was conducted with evident bad faith or gross negligence.

If the amount involved qualifies, the victim can also pursue a small claims case, where the procedure is faster and less formal, and legal representation is not required. The Rules on Small Claims Cases under the Supreme Court of the Philippines make this a more accessible option for victims seeking financial recovery. While specific thresholds apply, the amount does not preclude minors from using this remedy, provided their parents are involved in the filing process.

Protection of Minors in Online Transactions

The Data Privacy Act of 2012 (RA 10173) provides additional protection for minors engaged in online activities. While this law primarily covers personal data protection, it is relevant in situations where scammers misuse minors' data. This law ensures that platforms collecting personal data, such as social media or e-commerce sites, are held accountable for data breaches or mishandling of information, which can lead to online fraud.

Parents or guardians should be vigilant in supervising minors’ online transactions and provide guidance on safely navigating the internet. The Department of Information and Communications Technology (DICT) also encourages educating minors about the risks of cybercrimes and how to report any suspicious activities.

Prevention and Practical Steps for Future Transactions

To minimize the risks of falling victim to online scams, the following preventive measures can be taken:

Verification of Sellers or Service Providers
Always ensure that the seller or service provider is legitimate. This can be done by checking reviews, confirming the business's physical address, and verifying their online presence.
Use Trusted Platforms
Whenever possible, use well-known and reputable e-commerce platforms that offer buyer protection policies. These platforms typically have safeguards in place, such as escrow systems, where payments are held until the transaction is verified.
Avoid Sharing Personal Information
Never disclose sensitive personal or financial information online unless it is necessary and secure. Scammers often use phishing techniques to extract confidential details.
Install Anti-Virus Software and Use Secure Connections
Ensure that all devices used for online transactions are equipped with updated anti-virus software and that transactions are conducted over secure, encrypted connections (https://).

Conclusion

Online scams are a growing concern in the Philippines, and victims, including minors, have legal recourse under the Cybercrime Prevention Act and other relevant laws. It is crucial to report scams to the appropriate authorities and gather all necessary evidence to build a case. Minors should involve their guardians in the legal process to ensure they are fully protected and guided in seeking justice. Both criminal and civil remedies are available to victims, offering pathways for justice and compensation for losses incurred.

By taking preventive measures and knowing their rights, individuals can navigate the complexities of online transactions and reduce their vulnerability to scams.