A Legal and Practical Guide

I. Introduction

Fake lending companies have become a serious consumer-protection problem in the Philippines. They often operate through mobile applications, social media pages, text messages, online advertisements, fake websites, and messaging platforms. Many pretend to be legitimate lending companies, financing companies, loan apps, or microfinance institutions. Others impersonate registered companies or use names that sound official.

Victims may suffer from excessive interest charges, unauthorized deductions, harassment, public shaming, threats, identity theft, misuse of contacts, unauthorized access to phone data, cyberbullying, and illegal collection practices. Some fake lenders also use stolen government IDs and personal information to create fake loan accounts or extort money from borrowers.

A borrower, victim, concerned citizen, or even a legitimate company whose name was misused may report a fake lending company to the appropriate Philippine authorities. The proper reporting channel depends on the nature of the violation: illegal lending, corporate fraud, abusive debt collection, cybercrime, data privacy violation, estafa, threats, harassment, or identity theft.

This article explains the rights of victims, the possible offenses involved, the government agencies that may receive complaints, what evidence to prepare, and how to report fake lending companies in the Philippines.

II. What Is a Fake Lending Company?

A fake lending company may refer to any person, group, website, app, or business that offers loans without lawful authority or uses deception in lending activities.

Common examples include:

A lending business operating without registration or authority.
A fake loan app pretending to be registered with the Securities and Exchange Commission.
A social media page using the name of a legitimate company.
A lender that asks for “processing fees” before loan release, then disappears.
A lender that accesses a borrower’s phone contacts and threatens to shame them.
A lender using fake SEC registration numbers, fake certificates, or fake permits.
A person pretending to be an employee of a bank, financing company, or lending company.
A loan scam that collects advance payments, insurance fees, notarial fees, activation fees, or clearance fees.
An online lending app that misrepresents loan terms and imposes hidden charges.
A debt-collection group that threatens borrowers with arrest, public exposure, or criminal cases without lawful basis.

Not every dispute with a lender means the lender is fake. A real lending company may still violate the law through abusive collection practices, excessive charges, data privacy violations, or unfair terms. The complaint should therefore clearly state whether the issue is lack of authority, fraud, harassment, privacy abuse, or all of these.

III. Why It Matters Whether the Lender Is Registered

In the Philippines, lending companies and financing companies are generally regulated entities. A lending company is usually expected to be registered with the Securities and Exchange Commission and to comply with rules governing lending operations, disclosures, corporate registration, and consumer protection.

Registration matters because a legitimate lender should be traceable. It should have a registered corporate name, official business address, responsible officers, lawful authority to operate, and complaint channels. A fake lender often hides behind disposable phone numbers, fake pages, unverified apps, or anonymous agents.

A victim should check whether the lender has:

A real company name.
SEC registration.
Certificate of Authority to operate as a lending or financing company, where applicable.
Registered office address.
Official website or verified platform.
Responsible officers.
Written loan agreement.
Transparent disclosure of interest, fees, penalties, and total amount payable.

If the supposed lender cannot provide these, or provides documents that appear fake, the victim should preserve the evidence and report it.

IV. Common Schemes Used by Fake Lending Companies

Fake lending companies usually operate through predictable patterns.

A. Advance Fee Loan Scam

The scammer offers a loan but asks the borrower to pay first. The supposed charges may be called:

Processing fee;
Insurance fee;
Activation fee;
Collateral release fee;
Verification fee;
Notarial fee;
Clearance fee;
Anti-money laundering fee;
Documentation fee;
Tax fee.

After payment, the loan is never released. The scammer may then ask for more money or block the victim.

B. Fake Loan App

The victim downloads an app that offers fast cash. The app may request access to contacts, photos, messages, camera, storage, or location. After the victim applies, the app may disburse a smaller amount than promised, impose high charges, or harass the victim and their contacts.

C. Impersonation of Legitimate Companies

The scammer uses the name, logo, registration number, address, or officer names of a real lending company, bank, or financing company. Victims may think they are dealing with a legitimate company when they are actually speaking with impostors.

D. Social Media Loan Scam

The fake lender advertises on Facebook, TikTok, Instagram, Messenger, Viber, Telegram, WhatsApp, or SMS. It may use testimonials, edited screenshots, fake permits, and fake loan-release photos.

E. Harassment-Based Lending

Some fake lenders release small amounts but impose abusive interest and penalties. When the borrower cannot pay, they threaten to shame the borrower publicly, message employers, contact family members, or post defamatory statements.

F. Identity Theft Loan Scam

A scammer obtains a person’s ID, selfie, signature, or personal details and uses them to apply for loans, open accounts, or threaten the person with liability for a debt they did not validly incur.

V. Relevant Philippine Laws

Several laws may apply depending on the facts.

A. Lending Company Regulation Act

Lending companies are regulated businesses. A person or entity that engages in lending without proper registration or authority may face regulatory action. The Securities and Exchange Commission is usually the key agency for complaints involving unauthorized lending companies, financing companies, and online lending operators.

B. Financing Company Act

Financing companies are also regulated entities. If a business presents itself as a financing company without proper authority, the matter may also fall under SEC regulatory jurisdiction.

C. Revised Penal Code

The Revised Penal Code may apply when the fake lending activity involves criminal acts such as:

Estafa or swindling — when the victim is deceived into paying money or giving property.
Grave threats — when the lender threatens harm.
Light threats or unjust vexation — depending on the conduct.
Coercion — when the victim is forced to do something against their will.
Libel or slander — if false and defamatory statements are made.
Falsification — if fake documents, permits, receipts, or certificates are used.
Usurpation of authority or official functions — if the scammer pretends to be a government officer.
Using fictitious names or concealment of identity — depending on the facts.

D. Cybercrime Prevention Act

If the acts were committed through computers, mobile phones, apps, websites, social media, or electronic communications, cybercrime laws may apply. Online estafa, online threats, cyber libel, unauthorized access, misuse of data, and electronic harassment may trigger cybercrime investigation.

E. Data Privacy Act

If a lending app or fake lender collects, uses, discloses, or processes personal information without consent or lawful basis, the Data Privacy Act may apply. This is especially relevant when the lender accesses phone contacts, messages third parties, posts personal data online, or uses ID photos and private information to shame or threaten the borrower.

F. Consumer Protection Principles

Borrowers are entitled to fair dealing, truthful disclosures, and protection from deceptive, unfair, or abusive practices. Misrepresentation of loan terms, hidden charges, unauthorized collection practices, and misleading advertisements may be reported to relevant regulators.

G. Truth in Lending Principles

Borrowers should be informed of the true cost of credit, including interest, charges, deductions, fees, and payment terms. A lender that conceals or misrepresents the cost of borrowing may be violating disclosure obligations.

VI. Which Agency Should Receive the Complaint?

The best agency depends on the nature of the complaint.

1. Securities and Exchange Commission

The SEC is usually the primary agency for complaints against lending companies, financing companies, and online lending platforms operating without authority or violating lending rules.

Report to the SEC if the issue involves:

Fake lending company registration;
No Certificate of Authority;
Unauthorized online lending app;
Lending company using abusive collection practices;
Misleading loan terms;
Fake SEC certificate;
Company falsely claiming to be SEC-registered;
Financing or lending company operating illegally;
Online lending platform harassing borrowers;
Use of another company’s corporate identity.

The SEC may investigate, issue advisories, revoke authority, impose fines, order takedowns, or refer matters for prosecution depending on the case.

2. National Privacy Commission

The National Privacy Commission is the main agency for complaints involving misuse of personal data.

Report to the NPC if the fake lender or loan app:

Accessed your phone contacts without proper consent;
Sent messages to your contacts about your debt;
Posted your name, photo, ID, address, or private information online;
Threatened to expose personal information;
Used your data for shaming;
Collected excessive personal data;
Used your ID or selfie for another purpose;
Failed to protect your personal information;
Continued using your data after you withdrew consent;
Disclosed your data to unauthorized collectors.

The NPC may investigate data privacy violations and impose sanctions where appropriate.

3. Philippine National Police Anti-Cybercrime Group

The PNP Anti-Cybercrime Group may handle cybercrime complaints involving online scams, threats, harassment, hacking, identity theft, and cyber libel.

Report to the PNP ACG if:

You were scammed through an app, website, social media, SMS, or messaging platform;
You paid an advance fee and the lender disappeared;
You are being threatened online;
Your photos or personal data were posted online;
Fake accounts are using your identity;
You received extortion messages;
Your contacts were harassed electronically;
The fake lender used fake online profiles;
There is cyber libel or online defamation;
Electronic evidence needs preservation.

4. National Bureau of Investigation Cybercrime Division

The NBI Cybercrime Division may also investigate online scams, cyber harassment, identity theft, online extortion, and fake loan operations.

Report to the NBI if the matter involves:

Organized online lending scam;
Large amounts of money;
Multiple victims;
Fake websites or apps;
Identity theft;
Electronic threats;
Cross-platform scam operations;
Evidence requiring cyber investigation.

5. Local Police Station or Prosecutor’s Office

If the fake lender committed criminal acts, a complaint may be filed with the police or prosecutor.

Possible complaints include:

Estafa;
Threats;
Coercion;
Unjust vexation;
Falsification;
Libel or cyber libel;
Identity theft-related offenses;
Other crimes depending on the facts.

If there is immediate danger, threats of physical harm, stalking, or extortion, the victim should seek urgent police assistance.

6. Department of Trade and Industry

The DTI may be relevant where the complaint involves deceptive trade practices, business name issues, or consumer complaints against a business. However, lending companies and financing companies are generally more directly within SEC supervision.

7. App Stores, Social Media Platforms, and Telecom Providers

Aside from government complaints, victims should report fake loan apps, pages, accounts, and numbers to the relevant platform.

Report to:

Google Play Store;
Apple App Store;
Facebook or Meta;
TikTok;
Instagram;
Telegram;
Viber;
WhatsApp;
Mobile network provider;
Web hosting provider, if identifiable.

Platform reports can help remove fake pages, disable scam accounts, or preserve evidence.

VII. What Evidence Should Be Prepared?

Evidence is crucial. Victims should collect and preserve everything before blocking or deleting conversations.

Prepare the following:

Name of the lending company or app;
App name and app store link;
Website URL;
Social media page link;
Names and profile links of agents;
Phone numbers used;
Email addresses used;
Screenshots of advertisements;
Screenshots of loan offers;
Screenshots of messages;
Call logs;
Text messages;
Chat conversations;
Loan agreement, if any;
Disclosure statement, if any;
Payment instructions;
Bank account or e-wallet details used by the scammer;
Proof of payment;
Receipts or transaction reference numbers;
Fake certificates or permits;
Threatening messages;
Public posts shaming the borrower;
Messages sent to contacts;
List of affected contacts;
ID or personal data submitted;
App permissions requested;
Screenshots showing contact access;
Timeline of events;
Names of other victims, if known;
Any admission by the lender.

Do not rely only on verbal statements. Government agencies will usually need documents, screenshots, transaction records, and a clear narrative.

VIII. How to Verify Whether a Lending Company Is Legitimate

A victim should verify the lender’s legitimacy before paying fees or providing personal information.

Check:

Is the company registered with the SEC?
Does it have authority to operate as a lending or financing company?
Does the name exactly match the registered entity?
Is the address real?
Is the website official?
Are the phone numbers consistent with official records?
Are the officers identifiable?
Does the lender provide a written loan agreement?
Are the interest and fees clearly disclosed?
Does the lender ask for upfront fees before loan release?
Does the lender use personal e-wallet accounts instead of corporate payment channels?
Does the lender pressure you to pay immediately?
Does the lender threaten arrest for non-payment?
Does the app demand unnecessary phone permissions?
Are there SEC advisories, complaints, or warnings against the company?

A registered company can still violate the law, but lack of registration or use of fake documents is a major red flag.

IX. Step-by-Step: How to Report to the SEC

The procedure may vary depending on current SEC complaint channels, but the general process is as follows:

Step 1: Identify the Nature of the Complaint

State whether the issue is:

Unauthorized lending;
Fake company;
Fake SEC certificate;
Online lending harassment;
Excessive or hidden charges;
False advertising;
Abusive debt collection;
Identity theft;
Use of another company’s name.

Step 2: Prepare a Written Complaint

The complaint should include:

Your full name and contact information;
Name of the lending company, app, or page;
Known addresses, numbers, emails, and links;
Date you first encountered the lender;
Amount borrowed or requested;
Amount received, if any;
Amount paid, if any;
Interest, fees, penalties, and deductions;
Description of harassment or scam;
Evidence attached;
Relief requested.

Step 3: Attach Evidence

Attach screenshots, receipts, transaction records, loan documents, and messages.

Step 4: Submit to the SEC

Submit through the appropriate SEC complaints channel or office handling lending and financing company complaints.

Step 5: Keep Proof of Filing

Keep acknowledgment emails, complaint reference numbers, stamped copies, or screenshots of online submission.

Step 6: Cooperate With Investigation

Respond to requests for additional documents. Provide updated evidence if harassment continues.

X. Step-by-Step: How to Report to the National Privacy Commission

Report to the NPC if the fake lender misused personal data.

Step 1: Identify the Privacy Violation

Examples include:

Unauthorized contact harvesting;
Disclosure of debt to contacts;
Posting borrower’s photo or ID;
Threats to expose private data;
Use of personal data for harassment;
Failure to delete data;
Excessive app permissions.

Step 2: Preserve Privacy Evidence

Collect:

Screenshots of app permissions;
Screenshots of messages sent to contacts;
Statements from contacts who received messages;
Screenshots of posts;
Privacy policy of the app or website, if any;
Screenshots showing the data collected;
Messages threatening data exposure;
Copy of ID or selfie submitted, if relevant.

Step 3: Prepare the Complaint

Explain:

What personal data was collected;
How it was collected;
Whether consent was requested;
How it was misused;
Who received your data;
What harm occurred;
What remedy you seek.

Step 4: File With the NPC

Submit through the NPC’s available complaint mechanisms.

Step 5: Consider Urgent Relief

If the lender is actively posting personal data or threatening immediate disclosure, state the urgency clearly.

XI. Step-by-Step: How to Report to PNP or NBI Cybercrime Units

For online scam, threats, cyber harassment, or identity theft, cybercrime authorities may be appropriate.

Step 1: Create a Timeline

Prepare a chronological statement:

Date you saw the ad;
Date you contacted the lender;
Date you submitted information;
Date you paid money;
Date threats began;
Dates and times of messages;
Platforms used;
Names and accounts involved.

Step 2: Preserve Digital Evidence

Do not delete chats. Take screenshots, but also preserve the original messages if possible. Save links, usernames, phone numbers, transaction references, and account details.

Step 3: Prepare IDs and Proof of Ownership

Bring valid ID and proof that you own the phone number, account, or e-wallet involved, if available.

Step 4: File a Complaint

Go to the appropriate cybercrime office or police station and submit your evidence.

Step 5: Execute an Affidavit

You may be asked to execute a sworn statement or complaint-affidavit.

Step 6: Follow Up

Cybercrime cases may require technical tracing, preservation requests, or coordination with platforms and financial institutions.

XII. Reporting Fake Social Media Pages

If the fake lender operates through social media:

Take screenshots of the page.
Save the page URL.
Save profile links of admins or agents, if visible.
Screenshot advertisements and comments.
Screenshot private messages.
Report the page to the platform.
Report the account to the SEC if it claims to be a lending company.
Report to PNP/NBI if it scammed or threatened you.
Warn close contacts privately, if necessary.
Avoid public accusations that may expose you to defamation claims; stick to factual warnings.

XIII. Reporting Fake Loan Apps

For fake loan apps:

Screenshot the app name and developer name.
Save the app store link.
Screenshot app permissions.
Screenshot reviews showing similar complaints.
Screenshot loan terms.
Screenshot disbursement and repayment details.
Screenshot collection threats.
Report the app to the app store.
Report the app to the SEC.
Report data misuse to the NPC.
Report cyber harassment to PNP or NBI.

If the app accessed your contacts, warn important contacts that they may receive scam or harassment messages.

XIV. Reporting Impersonation of a Legitimate Company

If a fake lender used the name of a legitimate company:

Contact the legitimate company through official channels.
Ask whether the agent, page, app, or number is authorized.
Request a written confirmation if possible.
Report the impersonation to the SEC.
Report fraud to PNP/NBI if money was collected.
Report fake pages to the platform.
Preserve all evidence of impersonation.

Legitimate companies may also file their own complaints for misuse of corporate name, trademark, logo, or identity.

XV. If You Already Paid Money

If you paid a fake lender:

Save proof of payment.
Contact your bank or e-wallet provider immediately.
Ask whether the transaction can be held, reversed, or investigated.
Report the receiving account as fraudulent.
File a police or cybercrime complaint.
Include the receiving account number, account name, amount, date, and reference number.
Do not send more money.
Beware of “refund fee” or “case processing fee” scams.
Watch for follow-up scams pretending to be investigators or recovery agents.
Consider executing a complaint-affidavit for estafa or cyber-related fraud.

Payment recovery is not guaranteed, but fast reporting improves the chance of account freezing or tracing.

XVI. If the Fake Lender Is Harassing You

Debt collection harassment may include:

Threats of arrest;
Threats of imprisonment for nonpayment;
Threats to post your photo;
Calling your employer;
Messaging your contacts;
Insulting or shaming language;
False accusations of fraud;
Fake legal documents;
Fake police or court summons;
Repeated calls at unreasonable hours;
Threats of violence;
Sexual harassment or degrading remarks.

A borrower may report harassment to the SEC, NPC, PNP, NBI, or the prosecutor, depending on the acts.

Important Legal Point

Nonpayment of a debt is generally a civil matter unless fraud or another crime is involved. A collector should not threaten automatic imprisonment merely because a borrower failed to pay. However, borrowers should still address legitimate debts properly and seek legal advice if sued.

XVII. If the Lender Threatens to Contact Your Employer or Family

A fake lender may threaten to tell your employer, relatives, neighbors, or social media contacts that you are a criminal or scammer.

This may involve:

Privacy violations;
Harassment;
Defamation;
Unfair collection practice;
Cyber libel, if done online;
Grave threats, depending on wording;
Coercion, if used to force payment.

Preserve the threats. Ask affected contacts to save screenshots and write down the date, time, number, and message received.

XVIII. If the Lender Posts Your Photo or Personal Information Online

This is serious. Take immediate action:

Screenshot the post.
Save the URL.
Record the date and time.
Ask trusted persons to preserve evidence.
Report the post to the platform.
Report to the NPC for data privacy violation.
Report to PNP/NBI for cyber-related offenses.
Consider cyber libel or other criminal complaints if false defamatory statements were posted.
Request takedown from the platform.
Avoid engaging emotionally in the comment section.

Do not rely only on a screenshot if the post may be deleted. Save links and, where possible, preserve metadata or have a trusted person independently capture evidence.

XIX. If the Lender Threatens Arrest

Many fake lenders threaten arrest to scare borrowers into paying.

A private lender or collector cannot simply order a borrower’s arrest. Arrest generally requires lawful grounds, such as a valid warrant or lawful warrantless arrest circumstances. Failure to pay a debt alone does not automatically authorize arrest.

If a lender sends fake warrants, fake subpoenas, fake police notices, or fake court documents:

Preserve the document.
Do not panic.
Verify with the issuing court or agency.
Report the fake document to law enforcement.
Include it in your SEC or cybercrime complaint.
Consult counsel if an actual complaint or summons is received.

XX. If You Gave Your ID, Selfie, or Personal Information

If you submitted personal information to a fake lender:

Assume your data may be misused.
Save all records of what you submitted.
Watch for unauthorized loans or accounts.
Inform your bank or e-wallet provider if sensitive financial data was shared.
Change passwords.
Enable two-factor authentication.
Monitor email and SMS alerts.
Report identity theft to PNP/NBI if misuse occurs.
Report unauthorized data processing to NPC.
Consider replacing compromised documents if necessary.

If your government ID was used fraudulently, keep records showing when and how it was submitted to the fake lender.

XXI. If the Loan App Accessed Your Phone Contacts

Many abusive online lending apps use contact access as leverage.

Practical steps:

Revoke the app’s permissions.
Uninstall the app after preserving evidence.
Change passwords if the app may have accessed sensitive data.
Tell close contacts to ignore messages from unknown collectors.
Ask contacts to save screenshots of harassment.
File a complaint with NPC.
File a complaint with SEC if the app is a lending operator.
File cybercrime complaints if threats or defamatory messages are sent.
Report the app to the app store.
Avoid granting contact access to future lending apps.

XXII. If the Lender Is Using Fake SEC Documents

Fake SEC registration documents are strong evidence of fraud.

Preserve:

Screenshot or copy of the fake certificate;
Name and registration number used;
Where the document was sent or posted;
Messages from the sender;
Payment demands connected to the fake document;
Any logo or seal used;
Any claim of government approval.

Report this to the SEC and, if money was taken, to police or cybercrime authorities.

XXIII. If the Lender Uses a Personal Bank or E-Wallet Account

A legitimate lender should normally have traceable official payment channels. A fake lender may ask payment to:

A personal GCash account;
A personal Maya account;
A personal bank account;
Cryptocurrency wallet;
Remittance center recipient;
Multiple changing accounts.

This is a red flag, especially when paired with advance fees. Report the receiving account to the bank or e-wallet provider and include it in the complaint.

XXIV. Can You Stop Paying a Fake Lending Company?

This depends on the facts.

If no valid loan was released and the person merely scammed you for fees, there may be no legitimate debt to pay. Report the scam.

If money was actually released but the lender is unregistered or abusive, the matter becomes more complex. The borrower may still need legal advice because receiving money may create civil issues even if the lender violated regulations. Illegal or abusive collection practices should be reported, but borrowers should avoid making false statements or ignoring actual court papers.

If in doubt, consult a lawyer, the Public Attorney’s Office if qualified, or a legal aid organization.

XXV. Can a Fake Lender File a Case Against You?

Anyone can attempt to file a complaint, but filing does not mean the complaint is valid. Fake lenders often threaten criminal cases to pressure payment.

A borrower should distinguish between:

Mere threats;
Fake legal documents;
Demand letters from real lawyers;
Barangay notices;
Prosecutor subpoenas;
Court summons.

Do not ignore official notices from a court, prosecutor, or barangay. Verify authenticity and seek legal help.

XXVI. Draft Complaint Narrative

A complaint should be clear, factual, and chronological.

COMPLAINT NARRATIVE

I am filing this complaint against __________________, operating under the name/page/app __________________, for suspected unauthorized lending, fraud, harassment, and/or misuse of personal data.

On or about __________________, I saw an advertisement/message offering a loan through __________________. I contacted the supposed lender through __________________. The person I communicated with used the name __________________ and the number/account __________________.

I was told that I qualified for a loan of PHP __________________. Before release, I was required to pay PHP __________________ as __________________. I paid the amount through __________________ to account/name/number __________________ on __________________, with reference number __________________.

After payment, the loan was not released / additional fees were demanded / I was threatened / my contacts were messaged / my personal information was posted online.

The following evidence is attached:

Screenshots of conversations;
Proof of payment;
Screenshot of the page/app/website;
Copy of fake documents or permits;
Threatening messages;
Messages sent to my contacts;
Other relevant records.

I respectfully request investigation and appropriate action against the persons responsible.

XXVII. Sample Complaint to the SEC

Date: ____________

Securities and Exchange Commission Philippines

Re: Complaint Against Suspected Fake / Unauthorized Lending Company

Dear Sir/Madam:

I respectfully file this complaint against __________________, operating through __________________, for suspected unauthorized lending activity, misrepresentation, and abusive conduct.

The supposed lender represented itself as a lending company and offered loans to the public. It used the following details:

Name/App/Page: __________________ Website/Social Media Link: __________________ Phone Number/s: __________________ Email Address/es: __________________ Known Address, if any: __________________ Names of Agents, if any: __________________

The lender claimed to be registered / authorized but failed to provide verifiable proof / used documents that appear false / used the name of another company.

On __________________, I transacted with the said lender. The following occurred: __________________.

I attach screenshots, proof of payment, messages, loan terms, fake documents, and other evidence.

I respectfully request that the matter be investigated and that appropriate regulatory, administrative, and legal action be taken.

Respectfully,

Name Contact Details Address Signature

XXVIII. Sample Complaint to the National Privacy Commission

Date: ____________

National Privacy Commission Philippines

Re: Complaint for Unauthorized Use and Disclosure of Personal Data by Lending App / Company

Dear Sir/Madam:

I respectfully file this complaint against __________________, operating through __________________, for unauthorized and abusive use of my personal data.

The said lender/app collected my personal information, including __________________. It also accessed or used my contacts / ID / photograph / address / employment details without proper authority or beyond the purpose explained to me.

On __________________, the lender/app or its agents sent messages to my contacts / posted my personal information online / threatened to disclose my data / used my information to harass me.

Attached are screenshots of the app permissions, messages, posts, threats, and statements from affected contacts.

I respectfully request investigation and appropriate action, including protection of my personal data and cessation of unauthorized disclosure.

Respectfully,

Name Contact Details Address Signature

XXIX. Sample Complaint-Affidavit for Scam or Harassment

REPUBLIC OF THE PHILIPPINES ) ___________________________ ) S.S.

COMPLAINT-AFFIDAVIT

I, __________________, Filipino, of legal age, residing at __________________, after being sworn, state:

I am the complainant in this case.
On or about __________________, I encountered a person/group/company using the name __________________ through __________________.
The said person/group/company represented that it could provide me a loan in the amount of PHP __________________.
I was required to pay PHP __________________ as __________________ before the loan would be released.
Relying on said representation, I paid the amount through __________________ to account/name/number __________________ on __________________, with transaction reference number __________________.
After payment, the promised loan was not released / additional payments were demanded / the respondent stopped responding / the respondent threatened me / the respondent used my personal information to harass me.
Attached are copies of screenshots, payment receipts, messages, and other evidence.
I am executing this affidavit to attest to the truth of the foregoing and to support the filing of appropriate criminal, civil, administrative, or regulatory action.

IN WITNESS WHEREOF, I have signed this Complaint-Affidavit this ___ day of ____________ 20___ in __________________.

Affiant

SUBSCRIBED AND SWORN to before me this ___ day of ____________ 20___ in __________________, affiant exhibiting competent proof of identity: __________________.

XXX. What Not to Do

Victims should avoid the following:

Do not pay more money to “unlock” or “release” the loan.
Do not send additional IDs.
Do not give bank OTPs, passwords, or PINs.
Do not install remote-access apps.
Do not delete evidence.
Do not threaten the scammer back.
Do not post unverified accusations using personal information of others.
Do not ignore real court or prosecutor documents.
Do not rely on fixers who promise “instant recovery.”
Do not allow shame or fear to prevent reporting.

XXXI. Preventive Measures Before Borrowing Online

Before dealing with any lender:

Verify SEC registration and authority.
Check whether the lender’s name exactly matches official records.
Avoid lenders asking for upfront fees.
Read the loan agreement.
Check the total amount payable.
Check interest, penalties, and deductions.
Avoid apps requiring access to contacts, photos, messages, or storage.
Use official websites or verified app-store listings.
Avoid transacting through personal accounts.
Do not send IDs to random pages.
Beware of “guaranteed approval.”
Beware of pressure tactics.
Search for advisories and complaints.
Ask for official receipts.
Consult a trusted person before paying any fee.

XXXII. Legal Remedies Available to Victims

Depending on the facts, victims may seek:

SEC investigation;
NPC investigation;
Cybercrime complaint;
Criminal complaint for estafa, threats, coercion, falsification, or related offenses;
Takedown of fake pages or posts;
Blocking or freezing of fraudulent accounts, where legally available;
Civil action for damages;
Protection from harassment;
Correction or deletion of unlawfully processed data;
Complaint against abusive collectors;
Complaint against payment accounts used for fraud;
Assistance from PAO or legal aid, if qualified.

XXXIII. Special Case: Multiple Victims

If many people were scammed by the same fake lender, victims may coordinate evidence. Multiple complaints can show a pattern.

Useful group evidence includes:

Same app or page;
Same payment accounts;
Same scripts or messages;
Same fake documents;
Same agent names;
Same threats;
Same loan scheme;
Same app permissions;
Same public posts;
Same corporate impersonation.

However, victims should still file individual complaints because each person’s payment, data misuse, or harassment may be different.

XXXIV. Special Case: Borrower Actually Received Money

Some illegal lenders disburse real funds but violate the law through hidden charges, abusive collection, or lack of authority. In that situation, the borrower should be careful.

The borrower may report:

Unauthorized lending;
Excessive charges;
Misleading disclosures;
Harassment;
Data privacy violations;
Threats;
Public shaming.

But the borrower should also preserve the loan details, amounts received, amounts paid, and communications. The borrower should not fabricate facts or deny receiving money if money was actually received. The legal strategy should focus on unlawful lending practices, invalid charges, abusive collection, privacy violations, and available defenses.

XXXV. Special Case: Fake Lender Uses Your Name to Scam Others

If scammers use your name, photo, ID, or social media account to lend money or collect fees:

Report identity theft to PNP/NBI.
Report fake accounts to the platform.
File a complaint with NPC for misuse of personal data.
Notify people who may be contacted.
Make a factual public warning if necessary.
Preserve evidence of impersonation.
Change passwords and secure accounts.
Report unauthorized financial accounts.
Consider executing an affidavit of denial.
Monitor for future misuse.

XXXVI. Special Case: Threats of Posting “Wanted” Posters

Some fake lenders create fake “wanted” posters with the borrower’s photo, name, address, employer, and accusations such as “scammer” or “fraudster.”

This may involve:

Data privacy violations;
Cyber libel;
Grave threats;
Coercion;
Unjust vexation;
Harassment;
Abusive collection practice.

Victims should save the poster, link, sender details, and any messages threatening publication. If already posted, report to the platform and appropriate authorities.

XXXVII. Special Case: Fake Barangay, Police, NBI, or Court Documents

Fake lenders may send fake notices supposedly from:

Barangay;
Police;
NBI;
Prosecutor;
Court;
Law office;
SEC;
“Cybercrime department.”

Victims should verify the document directly with the supposed issuing office. Fake legal documents may support complaints for fraud, falsification, usurpation, or cybercrime-related offenses.

XXXVIII. Special Case: OFWs and Filipinos Abroad

OFWs may be targeted by fake lending schemes online. They may report through family representatives in the Philippines, Philippine embassies or consulates for assistance, online complaint channels where available, or directly to cybercrime authorities.

OFWs should preserve digital evidence, payment records, remittance records, phone numbers, and screenshots. If family members in the Philippines are harassed, they may also file complaints based on the harassment they received.

XXXIX. Special Case: Employees Harassed at Work

If collectors contact an employer or co-workers:

Save screenshots and call logs.
Ask the employer or HR to document the incident.
Do not allow the fake lender to control the narrative.
Explain that the matter is being reported.
Report privacy violations to NPC.
Report harassment to SEC, PNP, or NBI as appropriate.
Consider legal remedies if employment is affected by false statements.

Employers should avoid disclosing employee data to collectors without lawful basis.

XL. Borrower’s Rights Against Abusive Collection

Borrowers, even those with real debts, have rights. Collection must not be abusive, deceptive, or unlawful.

Collectors should not:

Threaten violence;
Threaten automatic imprisonment;
Shame borrowers publicly;
Use obscene or insulting language;
Contact unrelated persons unnecessarily;
Misrepresent themselves as police, court staff, or government officers;
Use fake legal documents;
Post personal data online;
Harass at unreasonable hours;
Misstate the amount due;
Add unauthorized charges;
Use personal data beyond lawful purposes.

The existence of a debt does not authorize harassment or privacy abuse.

XLI. How to Write an Effective Complaint

An effective complaint is:

Chronological;
Specific;
Supported by evidence;
Clear about the relief requested;
Focused on facts, not insults;
Organized by date;
Complete with contact details;
Honest about whether money was received or paid;
Clear about the platform used;
Clear about the identity or aliases of the offender.

Avoid vague statements such as “They scammed me” without details. Instead, state what was promised, what was paid, what happened after payment, and what evidence proves it.

XLII. Checklist Before Filing a Report

Prepare:

Valid ID;
Written complaint or narrative;
Screenshots of messages;
Screenshots of app/page/website;
App store link;
Social media links;
Phone numbers;
Email addresses;
Proof of payment;
Bank or e-wallet account details;
Fake permits or certificates;
Loan agreement, if any;
Disclosure statement, if any;
Threatening messages;
Public posts;
Messages sent to contacts;
Contact statements;
Timeline of events;
Requested action.

XLIII. Frequently Asked Questions

1. Where should I report a fake lending company?

Usually to the SEC if the issue is unauthorized lending or abusive lending practices. Report to the NPC if personal data was misused. Report to PNP or NBI cybercrime units if there is online scam, threats, harassment, identity theft, or cyber libel.

2. Is asking for an advance fee before releasing a loan a red flag?

Yes. Many loan scams ask for processing fees, insurance fees, activation fees, or tax payments before releasing funds. If the loan is never released after payment, this may support a fraud complaint.

3. Can a lending company access my contacts?

A lender should not misuse your contacts or personal data. Contact harvesting and messaging third parties to shame or pressure a borrower may raise serious data privacy and harassment issues.

4. Can I be arrested for not paying an online loan?

Failure to pay a debt does not automatically result in arrest. However, fraud or other crimes may be separately alleged in some cases. Verify any supposed warrant, subpoena, or court notice.

5. What if the lender is SEC-registered but harasses me?

You may still report abusive collection practices, privacy violations, threats, or cyber harassment. Registration does not give a lender the right to violate the law.

6. What if I borrowed money and received it, but the charges are abusive?

Document the amount received, deductions, fees, interest, penalties, and messages. Report unlawful practices to the appropriate regulator and seek legal advice on your obligations.

7. Can I report anonymously?

Some agencies or platforms may accept reports or tips, but formal investigation and recovery may require your identity and evidence. If safety is a concern, ask the agency how your information may be protected.

8. What if my contacts are being harassed?

Ask them to preserve screenshots and call logs. Their evidence can support your NPC, SEC, or cybercrime complaint.

9. Can I recover the money I paid?

Recovery depends on how fast the payment is reported, whether the account can be traced or frozen, and whether the offender can be identified. Report immediately to your bank or e-wallet provider and law enforcement.

10. Should I delete the lending app?

Preserve evidence first, including screenshots of the app, loan details, permissions, and threats. Then revoke permissions and uninstall if needed for safety.

XLIV. Conclusion

Fake lending companies in the Philippines may be reported through several channels depending on the violation. The SEC is generally the key agency for unauthorized lending companies, fake lending entities, and abusive lending practices. The National Privacy Commission handles misuse of personal data, contact harvesting, and unauthorized disclosure of borrower information. PNP and NBI cybercrime units handle online scams, threats, harassment, identity theft, cyber libel, and related electronic offenses.

Victims should act quickly, preserve evidence, avoid paying further suspicious fees, report fraudulent payment accounts, and file clear written complaints. A fake lender’s threats of arrest, public shaming, or exposure of personal data should not be ignored. These acts may themselves be unlawful.

The most important rule is to document everything. Screenshots, payment receipts, URLs, phone numbers, app details, fake documents, and witness statements can turn a vague complaint into an actionable case. Borrowers and victims have rights, and illegal lenders cannot use fear, shame, or deception as substitutes for lawful authority.