In the Philippines, the rise of digital lending apps and aggressive third-party collection agencies has brought the issue of debt collector harassment to the forefront of consumer rights. While a debt is a legal obligation, the law strictly prohibits the use of "shaming," threats, and psychological warfare to enforce payment.

Here is a comprehensive guide to your legal rights and remedies under Philippine law.

1. What Constitutes Harassment and Verbal Abuse?

The Securities and Exchange Commission (SEC) and the Bangko Sentral ng Pilipinas (BSP) define unfair debt collection practices. Common violations include:

Threats of Violence: Threatening physical harm to the debtor, their reputation, or their property.
Profanity and Insults: Using obscene or abusive language to humiliate the borrower.
Disclosure of Private Data: Contacting people in the debtor's contact list (who are not co-makers) or posting the debtor's name/debt on social media.
False Representations: Claiming to be a lawyer, police officer, or court official, or threatening that "police are on their way to arrest you" (Debt is a civil matter; there is no imprisonment for non-payment of debt under the Constitution).
Contact at Unreasonable Hours: Calling before 6:00 AM or after 10:00 PM, unless the borrower agreed to such timing.

2. The Legal Framework

Several laws and regulations protect Filipinos from predatory collection tactics:

A. SEC Memorandum Circular No. 18 (Series of 2019)

This is the primary regulation for Financing Companies (FCs) and Lending Companies (LCs). It explicitly prohibits Unfair Debt Collection Practices. Violation can lead to the suspension or revocation of the lender's Certificate of Authority.

B. RA 10173: Data Privacy Act of 2012

If a collector accesses your phone contacts or posts your personal details online to "shame" you, they are violating the Data Privacy Act. This carries heavy penalties, including imprisonment and million-peso fines.

C. The Revised Penal Code (RPC)

Collectors can be held criminally liable for:

Grave or Light Threats (Art. 282-283): Threatening to harm the person or their family.
Grave or Light Coercion (Art. 286-287): Using violence or intimidation to compel the debtor to do something (like paying) against their will.
Unjust Vexation: Any human conduct which, although not causing physical harm, unjustly annoys or irritates an innocent person.

D. RA 10844: Cybercrime Prevention Act

If the harassment happens via SMS, social media, or email, it may fall under Cyberlibel or Online Threats.

3. Step-by-Step Remedies

If you are a victim of harassment, do not simply block the numbers. Build a legal trail:

Document Everything: Take screenshots of abusive texts, record phone calls (inform them they are being recorded if possible), and save links to any social media "shaming" posts.
Cease and Desist: Inform the collector in writing (email or text) that their behavior is considered harassment under SEC MC No. 18 and demand they stop.
File a Formal Complaint with the Lender: Most legitimate banks and apps have a compliance office. Report the specific agent/agency to them.
Escalate to Regulatory Bodies:

SEC: If it’s a lending app or company, file a complaint via the SEC’s Financing and Lending Companies Division.
BSP: If the collector is representing a bank or credit card company, file a complaint through the BSP Consumer Protection Department.
NPC: If your data was leaked, file a complaint with the National Privacy Commission.
PNP Anti-Cybercrime Group: For serious threats or online shaming.

4. Debunking Common "Scare Tactics"

"You will be jailed for Estafa." Reality: Simple inability to pay a loan is a civil case, not a criminal one. Estafa usually requires proven intent to defraud (like issuing a bouncing check or falsifying documents). Article III, Section 20 of the Philippine Constitution states: "No person shall be imprisoned for debt."

Summary Table of Remedies

Violation Type	Primary Law/Regulation	Agency to Contact
Verbal Abuse/Shaming	SEC MC No. 18	SEC / BSP
Contacting Friends/Family	Data Privacy Act	National Privacy Commission
Threats of Violence	Revised Penal Code	PNP / NBI
Online Public Shaming	Cybercrime Law	PNP Anti-Cybercrime

Would you like me to help you draft a formal Cease and Desist letter or a complaint email addressed to the SEC or a specific lending institution?