Filing a Complaint Against Harassment by Debt Collection Agents

In the Philippines, while debt is a civil obligation, the methods used to collect it are strictly regulated. Debt collection agencies often employ aggressive tactics that border on or cross into illegal harassment. Under Philippine law, debtors are protected against unfair, abusive, and deceptive collection practices.


1. Legal Framework and Prohibited Acts

The primary regulation governing debt collection conduct is SEC Memorandum Circular No. 18, Series of 2019 (Prohibited Acts in the Collection of Debts and Past Due Liabilities). This applies to Financing Companies (FCs) and Lending Companies (LCs), including their third-party service providers or outsourced collection agents.

Prohibited practices include:

  • Threats of Violence: Using or threatening to use physical force or other criminal means to harm the person, reputation, or property of the debtor.
  • Obscene/Profane Language: Using insults or foul language to intimidate the debtor.
  • Disclosure of Information: Publicizing the names and personal information of debtors who allegedly refuse to pay (e.g., "shaming" on social media).
  • False Representation: Falsely representing oneself as a lawyer, a court representative, or a government official.
  • Contacting at Unreasonable Hours: Calling or visiting before 6:00 AM or after 10:00 PM, unless the debtor has given prior consent.
  • Deceptive Tactics: Using false symbols or letterheads that mimic government or judicial documents to create a false sense of urgency or legal consequence.

2. Relevant Laws for Criminal Liability

Beyond administrative regulations, certain actions by collection agents may constitute criminal offenses under the Revised Penal Code and the Cybercrime Prevention Act of 2012:

  • Unjust Vexation: Any human conduct which, although not producing physical injury, would unjustly annoy or irritate an innocent person.
  • Grave or Light Threats: Threatening a person with a wrong amounting to a crime.
  • Grave or Light Coercion: Using violence or intimidation to compel a person to do something against their will.
  • Cyber Libel: If the harassment involves public shaming on social media platforms or digital messaging.
  • Violation of the Data Privacy Act (R.A. 10173): If the agent accesses the debtor's contacts or private data without consent to harass them or their acquaintances.

3. Steps to File a Complaint

Step 1: Documentation and Evidence

Before filing, gather all possible evidence. Harassment is often difficult to prove without a paper trail.

  • Screenshots: Capture all threatening text messages, emails, or social media posts.
  • Call Logs and Recordings: Note the time, date, and duration of calls. Record the conversation if possible (noting legalities regarding the Anti-Wiretapping Law, though it generally applies to private communications; in cases of harassment, these are vital for identifying the perpetrator).
  • Identification: Demand the full name of the agent and the name of the agency/lending company they represent.

Step 2: Formal Letter of Complaint to the Creditor

Write a formal letter to the principal lending company or bank. Inform them of the specific instances of harassment perpetrated by their agents. Demand that they cease the abusive behavior. Under the law, the principal is often held liable for the actions of its outsourced collectors.

Step 3: Administrative Filing (SEC or BSP)

  • For Lending/Financing Companies (and Online Lending Apps): File a formal complaint with the Securities and Exchange Commission (SEC) through its Corporate Governance and Finance Department. You can use the SEC’s online complaint portal.
  • For Banks and Credit Card Companies: File a complaint with the Bangko Sentral ng Pilipinas (BSP) Consumer Protection Department. The BSP can mediate and sanction banks that violate consumer protection standards.

Step 4: Criminal Filing

If the harassment involves threats, coercion, or defamation, you may file a complaint-affidavit with the Office of the City Prosecutor or seek assistance from the National Bureau of Investigation (NBI) Cybercrime Division or the Philippine National Police (PNP) Anti-Cybercrime Group.


4. Summary Table of Remedies

Nature of Harassment Governing Body / Law Possible Outcome
Unreasonable hours, insults, shaming SEC (MC No. 18) Fines, suspension, or revocation of license
Use of private data/contacts National Privacy Commission (NPC) Fines and criminal prosecution
Physical threats, coercion PNP / City Prosecutor Imprisonment and damages
Bank-related collection abuse Bangko Sentral ng Pilipinas (BSP) Administrative sanctions against the bank

5. Important Considerations

  • Debt is not a Crime: Under the Philippine Constitution, no person shall be imprisoned for debt. While you may be sued civilly for collection of a sum of money, you cannot be jailed for the simple inability to pay a loan.
  • The "Clean Hands" Doctrine: While you have the right to be free from harassment, the civil obligation to pay the debt remains. Filing a harassment complaint does not extinguish the underlying debt, but it does provide a legal shield against abusive collection methods.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.