In the Philippines, while the law recognizes the right of creditors to collect legitimate debts, this right is not absolute. The rise of "shaming" tactics—particularly through social media and aggressive field collection—has led to a robust legal framework designed to protect the dignity and privacy of debtors.

1. The Prohibited Acts: SEC Memorandum Circular No. 18 (Series of 2019)

The Securities and Exchange Commission (SEC) provides the most specific guidelines regarding "Unfair Debt Collection Practices." These rules apply to financing and lending companies, but they serve as a standard for what constitutes harassment in the industry.

Prohibited acts include:

Public Humiliation: Posting the debtor’s name or personal information on social media, or tagging them in "shame" posts.
Threats of Violence: Using or threatening to use physical force to harm the debtor, their reputation, or their property.
Obscene Language: Using profanity or abusive language to insult the debtor.
Disclosure to Third Parties: Contacting the debtor's friends, family, or employers, except for references provided by the borrower (and even then, only to locate the debtor).
False Representation: Falsely claiming to be a lawyer, a court official, or a representative of a government agency to intimidate the debtor.
Unreasonable Hours: Making collection calls or visits between 10:00 PM and 6:00 AM, unless the debtor has given prior consent.

2. Criminal Liability Under the Revised Penal Code

Harassment and public shaming often cross the line into criminal territory. Victims may file complaints for:

Cyber Libel (RA 10175): If the humiliation occurs online (Facebook, Viber, etc.), the collector can be charged with Cyber Libel. This involves the public and malicious imputation of a crime, vice, or defect intended to cause dishonor or contempt.
Unjust Vexation: Under Article 287 of the Revised Penal Code, any person who vexes or annoys another without authority of law can be held criminally liable. This is often the "catch-all" charge for persistent, annoying harassment.
Grave or Light Threats: If the collector threatens the debtor with a wrong amounting to a crime (e.g., "I will kill you if you don't pay"), they can be charged under Articles 282 or 283.
Grave or Light Coercion: This occurs when a collector uses violence or intimidation to compel the debtor to do something against their will (like handing over a physical asset without a court order).

3. Data Privacy Violations (RA 10173)

The Data Privacy Act of 2012 is a powerful tool against collectors who broadcast a debtor's personal information.

Unauthorized Processing: Disclosing a debtor's loan details to unauthorized third parties or the public is a violation of data privacy principles.
Malicious Disclosure: If a collector reveals sensitive personal information with the intent to cause harm, they face significant fines and imprisonment.

4. Civil Code Protections: Abuse of Rights

Article 19 of the Civil Code of the Philippines dictates that "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."

When a creditor collects a debt through humiliation, they violate the Abuse of Rights Principle. This allows the debtor to sue for Damages (Article 20 and 21), including:

Moral Damages: For mental anguish, fright, and wounded feelings.
Exemplary Damages: Imposed by the court as a deterrent against "wanton, fraudulent, reckless, or oppressive" behavior.
Attorney’s Fees: To cover the cost of litigation.

5. Steps to Take for Legal Redress

If you are a victim of harassment or public shaming, the following steps are recommended:

Document Everything: Take screenshots of social media posts, save text messages, record phone calls (with a reminder that unauthorized recording may have legal nuances, but is often vital for evidence), and get the names of the collectors.
File a Formal Complaint with the Lending Company: Demand they cease the harassment immediately.
Report to the SEC: For lending and financing companies, file a complaint with the SEC’s Corporate Governance and Finance Department.
National Privacy Commission (NPC): If your data was leaked or used to shame you, file a "Formal Complaint" for violation of the Data Privacy Act.
Police/NBI Cybercrime Division: If the harassment involves online threats or cyber libel, report the incident to the authorities for the filing of criminal charges.
Barangay Conciliation: For physical harassment or unjust vexation, the first step is often a complaint at the local Lupong Tagapamayapa to secure a "Certificate to File Action."

Summary Table: Offense vs. Legal Remedy

Type of Harassment	Applicable Law	Agency/Body
Social Media Shaming	Cyber Libel / Data Privacy Act	RTC / NPC / NBI
Threats of Violence	Grave/Light Threats (RPC)	Police / Prosecutor
Calls at 3 AM	SEC MC No. 18 / Unjust Vexation	SEC / Barangay
Contacting your Boss	Data Privacy Act / SEC MC No. 18	NPC / SEC
False Claims of Arrest	Grave Coercion / Estafa (Deceit)	Prosecutor / RTC