We understand that this subreddit is for discussions about Philippine law and is not a free legal advice page. If no one can advise us on the legal merits of our case, we would at least appreciate some guidance on the first step we should take and which agency we should approach first: the PNP, NBI, barangay, or another office?
Our company was scammed out of ₱72,000 by someone posing as a trucking service provider. We also had to pay another ₱29,000 to the actual trucking provider to recover our cargo, bringing our total loss to ₱101,000.
We have the alleged scammer's driver's license, the business permits they presented to us, screenshots of our conversations, and proof of payment.
We would like to know where we should report this first and what documents we should prepare before going there. We also hope to recover the money we lost.
Below is the timeline of what happened.
Background
- Our company needed to transport cargo to Mindanao and was looking for a boom truck with a capacity of at least 3 tons. One of our employees, whom I'll call J, posted on Facebook looking for a suitable truck.
- The person who eventually scammed us was the first to respond to J's post.
- Initially, this person never disclosed that they were merely an agent or middleman. They even presented business permits, so we believed they were the actual owner of a trucking business.
- We agreed on a total price of ₱120,000, with 60% as the initial payment and the remaining 40% to be paid once the truck arrived at the port.
Timeline of Events
October 15 – Initial Transaction
- The first truck that arrived could not accommodate our cargo, so another truck was sent. Let's call the trucking provider R.
- When R's truck arrived, we initially paid the agent ₱10,000. We had offered to pay the trucker's representative directly, but the agent insisted that they did not allow their drivers to handle payments and that the money had to be sent directly to them.
- After the cargo was loaded, we sent another ₱20,000 to the agent.
- We negotiated to pay the remaining ₱42,000 the following day, and the agent agreed.
- R's truck then left with our cargo.
October 16 – We Discover the Person Was Only an Agent
- We were informed that the plan was for the truck to return to R's garage and transfer our cargo to another trucking provider that would transport it to Mindanao.
- It was only at this point that we learned the person we had been dealing with was merely a middleman who had hired R. They were not directly affiliated with R's trucking business.
- At around 6:00 PM, the agent messaged J demanding the remaining ₱42,000. However, J was already asleep and was unable to respond.
October 17 – We Send the Remaining ₱42,000
- J replied the following morning. The agent then said that the arrangement had changed and that R would personally bring the cargo to the port, where it would be transferred to another truck.
- J sent the remaining ₱42,000 to the agent, who claimed that the money was needed for the ferry ticket.
- At around 1:00 PM, R arrived at the port with our cargo. They also tried contacting the agent, but the agent could no longer be reached. By around 5:00 PM, R left without completing the transfer.
October 18–20 – The Agent Becomes Unresponsive
- We had difficulty contacting the agent on October 18 and 19.
- On October 19, the agent requested an authorization letter from us. We refused to send one because there were already numerous red flags. In our previous trucking transactions, we had never encountered a similar requirement.
- J also searched the agent's name on Facebook and discovered numerous posts from other people accusing the same person of scamming them.
- On October 20, the agent messaged us, saying something along the lines of, "Don't ruin my reputation if you have no evidence," and made a statement that we interpreted as a possible threat of retaliation. For context, we had not publicly posted anything about the agent.
- The agent has not responded to us since then.
We Had to Pay Another ₱29,000 to Recover Our Cargo
- R informed us that the agent had also failed to pay them. R is now demanding payment from us and refusing to release our cargo unless we pay.
- We believe that we were also victims of the agent's scam and that R should pursue the person who hired them. However, we needed our cargo urgently, so we ended up paying R another ₱29,000 to get it back.
- This brings our total loss to ₱101,000: ₱72,000 sent to the agent and ₱29,000 paid to R.
Additional Information
- The ₱72,000 was handed to J, our trusted employee, who regularly handles money for our company's business transactions. J sent the payments to the agent on our behalf.
- We have a copy of the agent's driver's license and the business permits they presented to us.
- We also have our conversations with the agent and proof of the payments.
- We would like to recover both the original ₱72,000 and the additional ₱29,000 we had to pay R.
Our Questions
- What legal action can we take against the agent? Could this qualify as estafa or another criminal offense under Philippine law?
- Where should we report this? Should we go to the PNP, NBI, or another government agency? Is it advisable to file a complaint with the barangay first?
- Can we demand the full ₱101,000 from the agent? Specifically, can we include the ₱29,000 we paid R to recover our cargo, considering that we only paid it because the agent failed to pay R?
- Does R have the legal right to withhold our cargo over the unpaid amount owed to them by the agent? Since we were also victims of the same agent, were we legally obligated to pay R before we could recover our cargo?
- How should we handle the driver's license and business permits we obtained from the agent? Can these documents help establish their identity and support a criminal complaint?
Thank you.