Dear Attorney,
I hope you can help me regarding an issue I encountered. I received messages from an unknown number offering me a chance to play a game. I participated and was informed that I won a significant amount of money. However, before I could claim my winnings, they asked me to pay taxes first. I complied and made the payment, but I still have not received the money. Now, they are requesting additional payments before releasing the funds. I’m worried that this might be a scam, and I would like your legal advice on how to proceed.
Sincerely,
Concerned Individual
Insights
Based on the information provided, it appears that you may be dealing with a scam operation. This type of fraud, often referred to as an advance-fee scam, involves a scheme where victims are asked to pay a sum of money upfront—under the pretext of taxes, fees, or other charges—in order to receive larger winnings or benefits. The hallmark of this scam is that despite paying the requested amount, the promised prize or funds are never delivered, and the scammer continues to request more payments.
Applicable Philippine Laws
In the Philippines, this kind of fraudulent activity is punishable under several provisions of the law:
Revised Penal Code on Estafa (Article 315): This law penalizes individuals who defraud others by means of deceit, including using false pretenses to secure funds from victims. If the entity contacting you falsely represented that you had won money and requested payments under fraudulent pretenses, they could be held liable for estafa.
Cybercrime Prevention Act of 2012 (RA 10175): Since this scam involves electronic communications, the act could be considered a cybercrime. Under this law, any fraudulent act executed via the internet or telecommunications platforms may subject the perpetrators to penalties.
Legal Steps to Take
Stop all payments immediately: If you have not yet paid any additional fees, do not send any further payments. Scammers typically exploit victims by continuously requesting more money under different pretexts.
Gather evidence: Save all communications (texts, emails, chat logs) and payment receipts as they could be crucial in proving your case. This evidence will be necessary if you decide to pursue legal action.
Report the incident: You should report this situation to the National Bureau of Investigation (NBI) Cybercrime Division or the Philippine National Police (PNP) Anti-Cybercrime Group. These agencies are equipped to handle internet and telecommunications-based fraud.
Seek civil remedies: If the scammer is identified and if there is sufficient evidence, you may file a criminal complaint under Article 315 for estafa. Additionally, you may file a case for the recovery of any money you have already paid. This could be done through a Small Claims Court if the amount falls within the jurisdiction.
Be cautious of future scams: Always verify the authenticity of any offers that require upfront payments. Genuine institutions, including lottery systems or financial organizations, will not request payments before disbursing winnings.
While it is disheartening to face this kind of situation, it is important to act swiftly and decisively. The law is on your side in protecting against fraudulent schemes, and there are proper channels to help you recover your losses or at least prevent further harm.