In recent years, the rise of Online Lending Applications (OLAs) has revolutionized credit accessibility in the Philippines. However, this convenience has been overshadowed by predatory practices, specifically debt-shaming, data privacy violations, and threats of home visits.

If you are facing harassment from an OLA, it is crucial to understand that Philippine law provides specific protections against these coercive tactics.

1. Prohibited Acts: What the Law Says

The Securities and Exchange Commission (SEC) issued SEC Memorandum Circular No. 18 (Series of 2019) to curb unfair debt collection practices. Under this regulation, the following acts are strictly prohibited:

Threats of Violence: Any threat of physical harm against the borrower, their family, or their property.
Obscene/Profane Language: Using insults or foul language to shame the borrower.
Disclosure of Information: Contacting people in the borrower’s contact list who are not co-makers or guarantors.
False Representations: Claiming to be a lawyer, a court official, or a police officer to intimidate the borrower.
Late Night/Early Morning Contacts: Contacting borrowers between 10:00 PM and 6:00 AM, unless agreed upon.

The Myth of the "Home Visit"

While a lender has the right to visit a residence to collect a legitimate debt, they cannot use it as a threat to intimidate or harass. They cannot enter your home without permission, nor can they cause a public disturbance. If they do, they may be liable for Trespass or Unjust Vexation under the Revised Penal Code.

2. Key Legal Frameworks for Protection

A. Data Privacy Act of 2012 (RA 10173)

Most OLAs gain access to your contacts, gallery, and social media through app permissions. Using this data to "debt-shame" you—such as messaging your friends or posting your ID on Facebook—is a criminal offense. The National Privacy Commission (NPC) has the power to shut down apps that violate these privacy boundaries.

B. Cybercrime Prevention Act of 2012 (RA 10175)

Harassment conducted via SMS, email, or social media platforms can fall under Cyber Libel or Unjust Vexation. If the OLA agents use digital means to damage your reputation, this law applies.

C. Revised Penal Code (RPC)

Grave Threats / Light Threats: If the agent threatens to kill or harm you.
Grave Coercion: If they force you to do something against your will (like signing a new contract under duress).

3. Step-by-Step Legal Remedies

If you are a victim of OLA harassment, follow these steps to build your case:

Document Everything: Take screenshots of all threatening texts, emails, and social media posts. Record phone calls if possible (noting that the law on recording varies, but for criminal harassment, it serves as vital evidence).
Cease and Desist: Explicitly tell the agent via text or email: "I am aware of my rights under SEC MC No. 18. Stop harassing me and my contacts, or I will file a formal complaint with the SEC and NPC."
File a Complaint with the SEC: Use the SEC's Corporate Governance and Finance Department (CGFD). They can revoke the OLA’s "Certificate of Authority" to operate.
File a Complaint with the NPC: If they accessed your contact list or posted your photos, file a "Privacy Violation" complaint through the NPC’s online portal.
Report to the PNP-ACG: For digital threats and cyber-harassment, visit the Philippine National Police - Anti-Cybercrime Group.

4. Summary of Agencies and Jurisdictions

Agency	Purpose
SEC	For violations of lending regulations and unfair collection practices.
National Privacy Commission	For unauthorized access to contacts and public debt-shaming.
PNP Anti-Cybercrime Group	For online threats, libel, and identity theft.
Local Police (Barangay)	For actual physical harassment or "home visits" causing a disturbance.

Important Note: Indebtedness is a civil matter, not a criminal one. Under the Philippine Constitution, no person shall be imprisoned for debt. While they can sue you in small claims court to recover the money, they cannot have you jailed for the act of being unable to pay.

Would you like me to draft a formal Cease and Desist letter template that you can send to a lending agency?