Dear Attorney,

I am seeking your legal assistance regarding an issue I encountered while working an online typing job. After completing my tasks, I was informed that my payment of $1,500 was deposited into a website called Jawanpay.com. However, to withdraw the funds, the website required a VAT code, and I was asked to pay a fee for it. When I reached out to the person who recruited me, I was instructed to send ₱2,000 through GCash to process the VAT code. After doing so, they demanded an additional ₱1,000. At this point, I am concerned about whether this is a legitimate transaction or a scam, as they continue to ask for more money instead of processing my payment. Could you provide guidance on how I should proceed with this situation?

Sincerely, An Online Freelancer Seeking Payment

Insights

This situation raises several red flags indicating a potential scam. Here are key insights that could help guide you on how to address the issue:

Unlawful Demands for Additional Fees: It is unusual for legitimate employers or payment platforms to require workers to pay additional fees, especially after a job has been completed. In the Philippines, legitimate VAT-related concerns are typically handled by businesses or service platforms directly, without shifting that burden to employees or contractors. You should not be required to pay a VAT fee or any other form of payment just to receive your earnings, especially if this was not specified in your contract or terms of service.
Possible Fraud Indicators: The increasing demands for additional payments, such as ₱2,000 and then another ₱1,000, could be part of a fraudulent scheme designed to take advantage of workers seeking legitimate earnings. Scammers often employ tactics where they promise larger sums of money but keep requesting smaller payments in return, which never leads to the promised payout.
Reporting to Authorities: You may consider reporting this matter to the authorities, specifically the National Bureau of Investigation's Cybercrime Division (NBI-Cybercrime) or the Philippine National Police's Anti-Cybercrime Group (PNP-ACG). Online fraud and scams are common, and it is vital that these incidents are documented and investigated. The Anti-Cybercrime laws in the Philippines, such as the Cybercrime Prevention Act of 2012 (RA 10175), provide a legal framework to protect individuals from scams and fraud committed online.
Civil Action and Small Claims: If you have a written agreement or sufficient evidence of your employment or services rendered, you may pursue a civil claim. Under the rules governing small claims, you can demand payment for the work you completed without the need for legal representation. You would need to file a case with the proper court or adjudicating body, and the process is usually swift for amounts within the jurisdictional limits.
Gcash Transactions and Digital Fraud: Given that the payment was made through GCash, it would also be helpful to contact GCash’s customer service to report the incident. They may assist in tracing the recipient of the funds, and this may serve as evidence if you pursue legal action.

In summary, your priority should be to cease all communication with the person or entity demanding additional payments, report the incident to both local authorities and GCash, and consider filing a small claims case if you have enough evidence to support your position. If this escalates, obtaining legal representation to formally pursue your unpaid wages may also be necessary.