GETTING EVEN WITH A SCAMMER / Age Of Consent / Forged Documents in the Philippines

Pea interviews Attorney Emil Aranes, a newly bar-certified lawyer at Joko's Law Office in Dumaguete City, about the legal options available to foreigners who've been scammed by Filipinas. The conversation covers how to file criminal complaints, what evidence you need, the land ownership trap, age of consent changes, fake IDs and blackmail, and what to do if you discover your girlfriend is legally married.

Definition of a scam under Philippine law requires two elements: ​

• Deceit — the person lied or misrepresented something
• Damage — and the damage must be financial, not just a broken heart
• The most common scam in foreigner-Filipina relationships involves "false pretenses" — she promises a future together, asks for money under various pretexts, then the money goes elsewhere or she's dating someone else

Filing a criminal case vs. a civil case: ​

• Criminal case = potential imprisonment for the scammer; civil case = recovering money
• You must file where the crime happened or where the damage took place — so if the Filipina is in Dumaguete, you file in Dumaguete
• The foreigner must appear in person at the prosecutor's office for a complaint affidavit — the prosecutor asks questions and interviews witnesses
• This means you can't just file from overseas; you need to physically be in the Philippines, which is a problem for guys on short vacations
• If you're serious about pursuing a case, plan to stay longer than a month

Evidence needed: ​

• Screenshots of conversations (the most common evidence)
• Bank statements showing transfers
• Your own testimony as a witness
• Explicit photos are optional — it's at your discretion whether to include them; you just need to prove the crime happened and who committed it
• The Filipina's defense will often be "he sent the money voluntarily out of the goodness of his heart" — the prosecutor evaluates probable cause based on evidence from both sides

The land ownership trap — Pea's biggest warning: ​

• Foreigners cannot own land in the Philippines (constitutional prohibition)
• What typically happens: the foreigner pays for land but it's registered in the Filipina's name because "she's different, I can feel it"
• If the relationship fails and the foreigner sues, the legal principle of "clean hands" applies — you can't come to court seeking justice when you were party to an arrangement that circumvents the Philippine Constitution
• Even a signed, notarized agreement saying "this is my fiancé's money, I'll return it if things go south" won't help — the agreement itself is unconstitutional
• Bottom line: if you bought land in her name, you're essentially screwed
• Attorney's advice: if you must do this transaction, register it in the name of someone you truly trust (not just the girlfriend)

For smaller ongoing scams (like $300/month): ​

• Probably not worth suing over
• But for larger amounts (like $10,000 for a business), you can pursue criminal charges if there's deceit

Small claims court in the Philippines: ​

• Covers amounts up to 1 million pesos
• No lawyer required — you file a "statement of verified claims" at the municipal trial court
• Faster than the ordinary court procedure

If the scammer has no assets: ​

• You can't recover money from someone who has nothing
• Criminal case becomes leverage — the threat of prison might motivate the accused (and her family) to scrape together repayment
• Attorney suggests the family "chip in" to settle

Pea's strong opinion on Raffy Tulfo (a popular Philippine TV show where people air grievances): ​

• Attorney says it's not the proper legal venue — it's essentially "extrajudicial settlement" and "trial by publicity"
• Tulfo is not a judge or a lawyer, so what he can do is very limited
• Pea calls it "shame, shame, shame" — Filipinos love the drama and foreigner-Filipina scam stories are sensational
• Attorney acknowledges the show has helped some people but says serious issues should be handled formally through the legal system

Age of consent in the Philippines: ​

• Recently raised from 12 to 16
• Pea clarifies this is NOT the same concept as in the West — in the Philippines it's about classifying what type of crime the victim falls under
• Attorney's firm advice: to be safe, only engage in sexual activity with someone 18 or older (legal age)
• If a Filipina presents a fake ID showing she's 18, the foreigner's genuine belief that she was of age can be used as a defense
• But if it was a setup (a ruse to extort/blackmail the foreigner), the minor has the upper hand — "who would people believe, a young innocent minor or someone 30 years older?"
• If blackmail is involved with a minor: go to a lawyer immediately, save all text messages as evidence
• Pea notes that Filipinos/Asians often look younger than their age, so asking for ID is awkward but necessary for self-protection

What to do if you discover your Filipina is legally married: ​

• There is no divorce in the Philippines (only annulment or declaration of nullity)
• Adultery requires that the man knew the woman was married — if you didn't know, you're not liable
• BUT once you find out she's married, you must stop all intimate contact immediately — continuing the relationship after learning she's married makes you criminally liable
• Even if her estranged husband hasn't been in her life for 10–15 years, the marriage still legally exists
• A signed "separation agreement" between the spouses means nothing — the marriage subsists until formal annulment
• Attorney's advice: "There are plenty of single women here"

Practical protective measures: ​

• Ask for a CENOMAR (Certificate of No Marriage) from PSA before getting serious
• Screenshot any text where she states she's not married
• PSA documents use special paper, specific printers, and official seals — difficult to forge, but ask for the receipt as well to verify authenticity
• If a woman is offended that you're asking for ID or CENOMAR, that tells you something about her character and maturity — "that Filipina isn't for you"

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