The rise of Financial Technology (FinTech) in the Philippines has unfortunately been accompanied by the proliferation of predatory lending apps. These entities often employ "shaming" tactics, unauthorized access to contact lists, and death threats to coerce payment. Under Philippine law, these actions are criminal.
1. Identify the Crimes Committed
Before filing, you must categorize the harassment. Illegal acts by lending apps usually fall under these primary laws:
Cybercrime Prevention Act of 2012 (RA 10175): Covers Cyber Libel (publicly shaming you online) and Computer-related Identity Theft (using your data without consent).
Data Privacy Act of 2012 (RA 10173): Covers the Unauthorized Processing of personal information and Malicious Disclosure. If they messaged your contacts without your explicit consent for that specific purpose, they violated this law.
Revised Penal Code (RPC):
Grave or Light Threats: Threatening to kill or harm you/your family.
Grave Coercion: Using violence or intimidation to compel you to do something against your will (like paying usurious interest).
Unjust Vexation: Any human conduct which, although not causing physical harm, unjustly annoys or irritates an innocent person.
SEC Memorandum Circular No. 18 (Series of 2019): Specifically prohibits unfair debt collection practices, including the use of insults, profane language, and disclosure of names of "delinquent" borrowers.
2. Evidence Gathering (The Discovery Phase)
The strength of your case depends on documentation. Do not delete the messages.
- Screenshots: Capture the harassment, including the sender’s phone number, the date/time, and the specific threats or shaming posts.
- Call Logs: Record the frequency and timing of harassing calls.
- Proof of Unauthorized Access: If they messaged your friends/family, get screenshots from those contacts showing that the app disclosed your debt.
- App Details: Note the name of the app, the company behind it (found in the "About" or "Terms" section), and their SEC Registration Number (if they claim to have one).
3. Step-by-Step Filing Process
Step A: Report to the SEC
The Securities and Exchange Commission (SEC) oversees lending companies.
- Visit the SEC website and look for the Corporate Governance and Finance Department.
- Email your formal complaint to
cgfd_re_apps@sec.gov.ph. - The SEC has the power to revoke their Certificate of Authority to operate.
Step B: File with the National Privacy Commission (NPC)
If they contacted your phone contacts or posted your ID online:
- Go to the NPC’s Complaints Management Division.
- File a "Sua Sponte" report or a formal complaint for violation of the Data Privacy Act.
Step C: The PNP-ACG or NBI-CCD
For criminal prosecution (jail time/fines), you must visit:
- PNP Anti-Cybercrime Group (PNP-ACG): Located at Camp Crame or regional satellite offices.
- NBI Cybercrime Division (NBI-CCD): Located at the NBI Building, Taft Avenue, Manila.
The Process:
- Affidavit of Complaint: An investigator will help you draft a sworn statement detailing the harassment.
- Validation: The authorities will verify the digital evidence.
- Endorsement: If a crime is established, they will endorse the case to the Department of Justice (DOJ) for Inquest or Preliminary Investigation.
4. Important Legal Considerations
- Debt is not a Crime: In the Philippines, "No person shall be imprisoned for debt" (Article III, Section 20, 1987 Constitution). However, while you cannot go to jail for the debt itself, you can be sued civilly for collection.
- The "Clean Hands" Doctrine: Filing a harassment case does not automatically extinguish your obligation to pay the principal amount you borrowed. However, it can stop the illegal harassment and potentially nullify illegal interest rates.
- Check the SEC Registry: Many harassing apps are not registered. If they are unregistered, they are operating illegally (Violation of the Lending Company Regulation Act), which strengthens your criminal complaint.
5. Summary Table of Violations
| Action by Lending App | Applicable Law | Penalty Potential |
|---|---|---|
| Accessing Phone Contacts | Data Privacy Act | Fines & Imprisonment |
| Posting Photo on Facebook | Cyber Libel (RA 10175) | Prison terms/Damages |
| Death Threats via SMS | Grave Threats (RPC) | Imprisonment |
| Calling Contacts | Unfair Debt Collection (SEC MC 18) | Revocation of License |