The proliferation of Online Lending Applications (OLAs) in the Philippines has brought financial inclusion to many, but it has also birthed a predatory ecosystem of digital harassment and public shaming. When borrowers default or delay payments, some lending operators resort to "debt shaming"—a practice involving the unauthorized access of contact lists, the sending of threatening messages, and the posting of libelous content on social media.

Under Philippine law, these actions are not merely unethical; they are criminal. Victims of such harassment have several legal avenues for redress, spanning criminal, civil, and administrative law.

I. The Cybercrime Prevention Act of 2012 (R.A. 10175)

The primary weapon against online harassment is the Cybercrime Prevention Act. This law addresses crimes committed through information and communications technologies (ICT).

Cyber Libel (Section 4(c)(4)): This is the most common charge against lending operators who post a borrower’s face, ID, or "wanted" posters on social media. Libel is the public and malicious imputation of a crime, vice, or defect. When committed online, the penalty is one degree higher than traditional libel.
Computer-related Identity Theft: If a lender creates a fake profile using the borrower’s photos to solicit illicit services or shame them, they violate this provision.
Unjust Vexation: While traditionally under the Revised Penal Code, when committed via digital means, it falls under the umbrella of cyber-harassment, targeting conduct that annoys, irritates, or vexes the victim without legitimate purpose.

II. Data Privacy Act of 2012 (R.A. 10173)

Many OLAs require invasive permissions to access a user’s contacts, gallery, and social media. Using this data for purposes other than credit evaluation—specifically for harassment—is a grave violation.

Unauthorized Processing: Lenders are prohibited from using personal data for purposes not declared at the time of collection.
Malicious Disclosure: Disclosing a borrower’s sensitive personal information (such as debt status) to their contact list or the public with the intent to cause harm is punishable by imprisonment and heavy fines.
The National Privacy Commission (NPC) Circular 20-01: The NPC has specifically issued guidelines for OLAs, explicitly banning the "contact-tracing" of borrowers and the use of personal data to shame or harass.

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

The Securities and Exchange Commission (SEC) regulates the conduct of financing and lending companies. This Circular provides "Prohibition on Unfair Debt Collection Practices."

Prohibited acts include:

Using threat of force or other criminal means to harm the person, reputation, or property of any person.
The use of obscenities, insults, or profane language.
Disclosure of names: Publishing a list of borrowers who allegedly refuse to pay debts (except as allowed by credit reporting laws).
Contacting persons in the borrower’s contact list who are not designated as guarantors or co-makers.
Contacting the borrower between 10:00 PM and 6:00 AM.

IV. The Revised Penal Code (RPC)

Beyond "cyber" specific laws, traditional criminal laws still apply:

Grave or Light Threats: Sending messages threatening to kill the borrower or burn their house down.
Grave or Light Coercion: Compelling the borrower to do something against their will (like paying an unconscionable interest rate) through violence or intimidation.

V. Remedies and Actions for Victims

Victims of online lending harassment are encouraged to take the following steps to build a legal case:

Preservation of Evidence: Take screenshots of all threatening messages, social media posts, and call logs. Do not delete the conversation threads, as these contain metadata essential for forensic investigation.
File a Complaint with the SEC: The SEC’s Corporate Governance and Finance Department handles complaints against OLAs. They have the power to revoke the Certificate of Authority (CA) of lending companies found guilty of unfair debt collection.
National Privacy Commission (NPC) Complaint: If the harassment involves the use of your contact list or private photos, file a formal "Sumbong" with the NPC for violations of the Data Privacy Act.
PNP-ACG or NBI-CCD: Report cyber libel and threats to the Philippine National Police Anti-Cybercrime Group (PNP-ACG) or the National Bureau of Investigation - Cybercrime Division (NBI-CCD). These agencies can assist in identifying the individuals behind the digital accounts.
Small Claims Court: If the lender has illegally deducted "processing fees" or applied usurious interest rates contrary to Truth in Lending Act disclosures, borrowers may seek civil restitution.

VI. The "Truth in Lending Act" (R.A. 3765)

Lenders are required to provide a clear, written disclosure of the total cost of credit, including interest, service charges, and penalties. Failure to provide this transparency is a violation that can be used as a defense or a counter-suit against predatory lenders.

Note on Interest Rates: While the Philippines currently does not have a formal Usury Law ceiling for most loans, the Supreme Court has consistently ruled that interest rates that are "unconscionable, iniquitous, or shocking to the senses" (often cited as those exceeding 3-4% per month) can be declared null and void, reducing the debt to the legal interest rate of 6% per annum.