In recent years, the rise of online lending applications (OLAs) has led to an increase in predatory collection practices. One of the most prevalent and damaging tactics used by "loan sharks" is the unauthorized posting of a debtor’s photo and personal details on social media to shame them into payment.

Under Philippine law, these actions are not just unethical; they are illegal and actionable.

1. Violation of the Data Privacy Act of 2012 (R.A. 10173)

The most direct legal protection against these practices is the Data Privacy Act (DPA). Loan sharks often access a borrower’s contact list and gallery through mobile app permissions and then use that data for purposes other than what was agreed upon.

Unauthorized Processing: Processing personal data (like photos) for purposes of harassment or public shaming is a violation of the DPA.
Malicious Disclosure: Section 31 of the DPA penalizes any person who, with malice or in bad faith, discloses unwarranted or false information relative to any personal information.
National Privacy Commission (NPC) Circular No. 20-01: The NPC has specifically issued guidelines prohibiting lending companies from harvesting contact lists for the purpose of debt collection through harassment or "contact-list-shaming."

2. Cyber-Libel and the Cybercrime Prevention Act (R.A. 10175)

Posting a person’s photo online with captions that imply they are a "scammer," "thief," or "deadbeat" constitutes Libel under the Revised Penal Code, and because it is committed through an information and communications technology (ICT) system, it falls under Cyber-Libel.

Elements: To prove cyber-libel, there must be an allegation of a vice or defect, made publicly, directed at a specific person, with malice.
Penalties: Cyber-libel carries a higher penalty than traditional libel, often involving significant fines and imprisonment.

3. SEC Regulations and Unfair Collection Practices

The Securities and Exchange Commission (SEC) regulates financing and lending companies. SEC Memorandum Circular No. 18 (Series of 2019) provides strict prohibitions against "Unfair Debt Collection Practices."

Prohibited acts include:

Posting or even threatening to post a borrower's name or photo on social media.
Using profane or abusive language.
Contacting persons in the borrower’s contact list who are not co-makers or guarantors.

Consequences: Lending companies found violating these rules can face the suspension or revocation of their Certificate of Authority (CA) to operate.

4. Civil Code Provisions (Human Relations)

Beyond criminal charges, victims can sue for damages under the Civil Code of the Philippines:

Article 19: "Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith."
Article 26: Every person is entitled to respect for their dignity, personality, privacy, and peace of mind. Prying into the privacy of another’s residence or "vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition" are grounds for a cause of action for damages.

5. Steps to Take for Legal Redress

If a loan shark has posted your photo online without consent, consider the following actions:

Document the Evidence: Take screenshots of the post, including the profile of the person/page that posted it, the date/time, and any comments. Save the URL of the post.
Report to the National Privacy Commission (NPC): You can file a formal complaint for violations of the Data Privacy Act.
Report to the Securities and Exchange Commission (SEC): If the entity is a registered lending company, file a complaint with the SEC Corporate Governance and Finance Department.
Contact the PNP-ACG or NBI-CCD: File a report for Cyber-Libel and Harassment with the Philippine National Police Anti-Cybercrime Group (PNP-ACG) or the National Bureau of Investigation Cybercrime Division (NBI-CCD).
Cease and Desist: While not always effective with unregulated "fly-by-night" apps, a formal demand letter from a lawyer to the company can sometimes stop the harassment.

Note on Unregistered Lenders: Many predatory apps operate without a valid SEC license. While this makes it harder to shut them down via administrative means, it strengthens criminal cases against them for Illegal Lending and Cybercrime.