Introduction

In the Philippines, the protection of children from any form of abuse, including verbal harassment, is a fundamental priority enshrined in the Constitution and various statutes. Verbal harassment by a debt collector—such as threats, insults, or derogatory language directed at a minor in an attempt to collect a debt—can constitute a serious violation of a child's rights. This may occur when collectors mistakenly or intentionally target children in households with outstanding debts, perhaps through phone calls, in-person visits, or other communications. Such actions not only infringe on the child's emotional well-being but also breach consumer protection and fair debt collection standards.

This article comprehensively explores the legal framework, potential violations, available remedies, procedural steps, and preventive measures related to verbal harassment of a child by a debt collector. It draws from key Philippine laws, including those on child protection, consumer rights, and civil and criminal liabilities, to provide a thorough understanding of the topic. While debt collection is a legitimate activity, it must be conducted ethically and without harming vulnerable individuals, particularly children.

Relevant Legal Framework

Child Protection Laws

The primary law addressing abuse against children is Republic Act No. 7610 (RA 7610), also known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act." Enacted in 1992, this statute provides special protection to children from all forms of abuse, neglect, cruelty, exploitation, and discrimination.

Definition of Child Abuse: Under Section 3(b) of RA 7610, child abuse includes psychological and emotional maltreatment. Verbal harassment qualifies as psychological abuse if it debases, degrades, or demeans the child's intrinsic worth and dignity. Examples include shouting obscenities, making threats of harm, or using intimidating language that causes emotional distress, fear, or trauma.
Applicability to Debt Collectors: Debt collectors are not exempt from this law. If their actions target or affect a child—intentionally or incidentally—they can be held liable. For instance, repeatedly calling a household and verbally abusing a child who answers the phone could trigger liability under this act.

Additionally, the 1987 Philippine Constitution under Article XV, Section 3(2), mandates the State to defend the right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development.

The Child and Youth Welfare Code (Presidential Decree No. 603) complements RA 7610 by emphasizing the State's role in safeguarding children's emotional and psychological health, prohibiting any acts that could harm their development.

Consumer Protection and Debt Collection Regulations

Debt collection practices in the Philippines are regulated to prevent abusive tactics, with specific prohibitions against harassment.

Bangko Sentral ng Pilipinas (BSP) Regulations: BSP Circular No. 454, Series of 2004, outlines "Unfair Collection Practices" for banks and financial institutions. It prohibits the use of threats, profane language, or any form of harassment in debt collection. While not exclusively focused on children, these rules apply if the harassment involves a minor, as it constitutes an unfair practice. Violations can lead to administrative sanctions against the collector or the lending institution.
Securities and Exchange Commission (SEC) Oversight: For non-bank financial institutions, such as lending companies, the SEC enforces similar standards under Memorandum Circular No. 18, Series of 2019, on the Prohibition on Unfair Debt Collection Practices. This includes bans on abusive language, threats, or contacting third parties (like family members) in a harassing manner. If a child is subjected to such conduct, it amplifies the violation.
Consumer Protection Act (Republic Act No. 7394): This law protects consumers from deceptive, unfair, and unconscionable sales acts or practices, which can extend to debt collection. Verbal harassment during collection efforts may be deemed unconscionable, especially when involving children.

Criminal and Civil Laws

Revised Penal Code (Act No. 3815): Articles 287 (unjust vexation) and 358 (slander) may apply. Unjust vexation covers acts that annoy or irritate without constituting a more serious offense, such as persistent harassing calls. Slander involves oral defamation, which could include insulting language directed at or in the presence of a child.
Civil Code of the Philippines (Republic Act No. 386): Articles 19, 20, 21, and 26 provide grounds for civil liability. Article 19 requires every person to act with justice, give everyone his due, and observe honesty and good faith. Article 21 allows damages for acts contrary to morals, good customs, or public policy, which verbal harassment of a child certainly violates. Damages can include moral (for mental anguish), exemplary (to deter similar acts), and actual (for any provable losses).

Other related laws include Republic Act No. 10175 (Cybercrime Prevention Act of 2012) if the harassment occurs via electronic means, such as phone calls or messages, potentially classifying it as cyber-libel or online harassment. However, for children, RA 7610 takes precedence.

Potential Violations and Liabilities

Verbal harassment by a debt collector against a child can manifest in various ways, such as:

Threatening the child with consequences for the family's debt (e.g., "Your parents will go to jail because of you").
Using derogatory terms or shouting, causing the child to feel humiliated or scared.
Persistent contact that disrupts the child's daily life, leading to anxiety or trauma.

Liabilities include:

Criminal Liability: Under RA 7610, penalties range from imprisonment of 6 months to 12 years and/or fines, depending on the severity. For unjust vexation, penalties are arresto menor (1-30 days) or fines.
Civil Liability: The aggrieved party (parent or guardian on behalf of the child) can seek damages. Courts may award compensation for emotional distress, medical expenses (e.g., therapy), and lost opportunities.
Administrative Liability: Complaints against licensed collectors can result in revocation of licenses, fines, or cease-and-desist orders from the BSP or SEC.
Corporate Liability: The employing company may be vicariously liable under the doctrine of respondeat superior, especially if it failed to train or supervise collectors properly.

In cases involving repeated offenses or severe impact, the court may consider aggravating circumstances, such as the child's age or vulnerability.

Available Legal Remedies

Victims have multiple avenues for redress, which can be pursued simultaneously or sequentially.

Administrative Remedies

File a Complaint with Regulatory Bodies: Report to the BSP (for banks) or SEC (for lending firms) detailing the incident. Provide evidence like call logs, recordings, or witness statements. These agencies can investigate and impose sanctions, including ordering the collector to cease operations.
Department of Trade and Industry (DTI): Under the Consumer Protection Act, the DTI can mediate disputes and enforce consumer rights.

Criminal Remedies

Barangay Level: Start with a complaint at the local barangay for conciliation under the Katarungang Pambarangay Law (RA 7160). If unresolved, obtain a certificate to file in court.
Police or Prosecutor's Office: File a criminal complaint for violation of RA 7610 or the Revised Penal Code. The National Bureau of Investigation (NBI) or Philippine National Police (PNP) can assist in gathering evidence.
Department of Social Welfare and Development (DSWD): Report child abuse incidents to the DSWD, which can provide immediate protective services and refer the case for prosecution.

Civil Remedies

Small Claims Court: For damages up to PHP 400,000 (as of 2023 adjustments), file in the Metropolitan Trial Court without a lawyer.
Regular Civil Suit: For higher amounts or injunctive relief (e.g., restraining order against the collector), file in the Regional Trial Court. Seek temporary protection orders under RA 7610.
Damages Claims: Pursue moral damages (up to millions in severe cases), exemplary damages, and attorney's fees.

Special Remedies for Children

Under RA 7610, children are entitled to special protections, including:

Confidential proceedings to protect privacy.
Assistance from child psychologists or social workers.
Priority handling in courts.

The Violence Against Women and Their Children Act (RA 9262) may intersect if the harassment involves a mother-child dynamic, but it's primarily for women and children in intimate relationships.

Procedural Steps to Seek Remedies

Document the Incident: Record dates, times, content of harassment, and any witnesses. Preserve call records, messages, or audio if legally obtained (note: recording without consent may violate RA 4200, the Anti-Wiretapping Law, unless one-party consent applies in certain contexts).
Seek Immediate Support: Contact the DSWD hotline (02-8734-8639) or Child Protection Unit for counseling and assessment.
File Complaints:
- Administrative: Submit to BSP/SEC online portals or offices.
- Criminal: Lodge at the barangay, then escalate to fiscal's office for preliminary investigation.
- Civil: File a complaint-affidavit in court.
Gather Evidence: Medical certificates for emotional trauma, affidavits from family, or expert testimony.
Court Proceedings: If it reaches trial, the burden is on the prosecution/plaintiff to prove the harassment beyond reasonable doubt (criminal) or by preponderance of evidence (civil).

Timelines vary: Administrative resolutions may take months; criminal cases, years. Prescription periods: RA 7610 offenses prescribe in 20 years; unjust vexation in 2 months.

Preventive Measures and Best Practices

For Families: Educate children not to engage with unknown callers. Use call-blocking apps. Inform lenders of preferred contact methods excluding children.
For Debt Collectors: Train staff on ethical practices, avoiding contact with minors. Comply with "no-contact" requests.
Policy Recommendations: Advocate for stronger regulations, such as a dedicated Fair Debt Collection Practices Act, to explicitly prohibit child involvement.
Community Awareness: Schools and barangays can conduct seminars on child rights and reporting mechanisms.

Conclusion

Verbal harassment of a child by a debt collector is a grave offense in the Philippines, intersecting child protection, consumer rights, and general tort laws. Through RA 7610 and supporting statutes, victims have robust remedies ranging from administrative sanctions to criminal imprisonment and civil damages. Prompt action, thorough documentation, and utilization of government agencies are key to achieving justice. By upholding these laws, society ensures children are shielded from undue stress, fostering a safer environment for their growth and development. Legal consultation with a lawyer or free services from the Public Attorney's Office is advisable for personalized guidance.