A practical legal guide for borrowers, families, and employers of collectors

1) Bottom line

A death threat is a crime (“grave threats”) under the Revised Penal Code, whether delivered in person, by phone, SMS, chat, email, or social media. It’s prosecutable even if you truly owe a debt.
Debt collection does not justify threats, harassment, or shaming. Banks, financing/lending companies, and third-party agencies are bound by sector rules that prohibit abusive practices.
You can pursue criminal, administrative/regulatory, civil, and data-privacy remedies—often in parallel.

2) What counts as a “death threat”?

A statement or message that threatens to kill you or to inflict a criminal act (e.g., physical harm) on you or your family or property.
It is generally “grave threats” if the threatened act is itself a crime (e.g., killing, serious physical injuries, arson). Penalties may vary depending on whether the threat is conditional, whether money or an act is demanded, and whether the threat is part of extortion.
If the threat is transmitted through a computer system or online platform, the Cybercrime law can apply, which can increase penalties or change venue/jurisdiction.

Important: Nonpayment of a consumer loan is not a crime by itself (subject to special cases like B.P. 22 for bouncing checks or estafa for fraud). Collectors have no authority to arrest you or threaten arrest.

3) Who regulates collectors—and why that matters

Banks/credit card issuers: supervised by the Bangko Sentral ng Pilipinas (BSP); they must have fair collection policies and are answerable to the BSP Consumer Assistance Mechanism.
Financing/Lending Companies & their third-party agencies: supervised by the Securities and Exchange Commission (SEC), which prohibits unfair debt-collection practices (e.g., threats, profanities, doxxing/“shaming,” contacting your phonebook).
Cooperatives: Cooperative Development Authority (CDA) for cooperative lenders.
Insurance-related debt: Insurance Commission (IC).
Personal data misuse: National Privacy Commission (NPC) under the Data Privacy Act (e.g., scraping your contacts, group chats, or workplace to shame you).

You may file with the sector regulator (BSP/SEC/CDA/IC) and pursue criminal and privacy complaints at the same time.

4) Evidence: what to keep (and what to avoid)

Keep:

The messages themselves: screenshots of SMS, chat, emails; voicemail files; call logs with timestamps; envelope/letter photos; social-media posts, profile links, and URLs.
Context: who the collector says they represent, account number, amounts demanded, dates, phone numbers used, names/aliases, and any witnesses.
Proof of debt relationship (if any): loan agreement, statements, prior correspondence—useful to show it’s a collection context.

Avoid breaking the Anti-Wiretapping Law. Secretly recording a private call in the Philippines can be illegal without the other party’s consent. If you already have written or recorded messages they sent you (texts, chats, voicemails they left), you can preserve these; but do not initiate surreptitious audio recordings of live calls unless you have competent legal advice.

Preserve originals. Export chats to PDF, download message archives, and back up to two separate drives/cloud accounts. Keep a timeline of incidents.

5) Immediate safety steps

If the threat seems credible and imminent, call your local police station or the PNP emergency line and request patrol/assistance; relocate to a safe place; notify building security/HR if the threat involves your workplace or home.
If the threat is online, also notify the PNP Anti-Cybercrime Group/NBI-Cybercrime Division. Save the URLs before content is deleted.

6) Where and how to report

A) Criminal complaint for “grave threats”

Blotter: Go to the nearest police station to make a blotter entry and obtain a referral to the City/Provincial Prosecutor. If online, you may also coordinate with PNP-ACG or NBI-CCD.
Complaint-Affidavit: Prepare a sworn statement detailing the threats (who/what/when/where/how), attach your evidence, and identify the company allegedly represented by the caller.
Filing & Evaluation: File with the Prosecutor’s Office (walk-in or via e-filing if available). The prosecutor may set preliminary investigation (counter-affidavit, reply/rejoinder).
Information: If probable cause is found, the case is filed in court. The court may issue a warrant; you may later claim civil damages in the criminal case.
Venue: Generally where the threat was received or made; cyber cases may follow special venue rules (e.g., where any element occurred).

B) Regulatory complaint (abusive collection)

BSP (banks/credit cards): File a complaint through the bank’s Consumer Assistance channel first; escalate to BSP Consumer Assistance if unresolved.
SEC (lending/financing companies): Report unfair collection practices (threats, harassment, public shaming, phonebook scraping, contacting employer, etc.). SEC can fine, suspend, or revoke licenses and can coordinate with law enforcement.
CDA/IC as applicable.

C) Data Privacy complaint (if they contacted your contacts or doxxed you)

File with the NPC if the collector accessed your phonebook, sent messages to your coworkers/family, or disclosed your debt without lawful basis or consent. NPC can order cease-and-desist, deletion, and penalties.

7) Civil remedies and employer liability

You may claim moral, exemplary, and actual damages for wrongful threats/harassment under the Civil Code (e.g., abuse of rights and tort principles).
The employer/principal of the collector can be held civilly liable for acts of employees/agents done in the discharge of their duties (and may have subsidiary liability for criminal civil liabilities if the collector is insolvent). Naming both the collector and the company is strategic.

8) Special scenarios

1) Third-party agencies & “alias” collectors

If the caller uses an alias, capture the phone numbers, time stamps, voice mails, and any reference codes mentioned.
Send a written notice (email/letter) to the original creditor (bank/lender) stating that their agent is issuing death threats and demanding investigation and a formal response; request that collection be suspended pending the probe.

2) Online lending apps (OLAs)

Many abusive behaviors (contacting your phonebook, posting your photo, “wanted” posters) also violate data-privacy and SEC rules. Report to SEC and NPC concurrently, and preserve the app’s permissions screenshots and the play-store listing of the app.

3) Threats to family members, minors, or at work

This can aggravate liability and trigger privacy and labor issues (e.g., hostile work environment). Inform your HR; keep their incident log/emails as evidence.

4) Conditional threats demanding payment or a specific act

These can be treated as blackmail/extortion in addition to grave threats when the demand is to give money or property under fear.

9) Practical playbook (step-by-step)

Within 24 hours

Document everything (screenshots, call logs, voicemails, URLs).
Blotter at the nearest police station (bring ID and evidence).
If online, also report to PNP-ACG/NBI-Cybercrime.
Notify the lender (email) and demand investigation of their agent.
If your contacts were messaged, inform them briefly; request they preserve screenshots and avoid replying.

Within the week 6) Draft and file your Complaint-Affidavit for grave threats with the Prosecutor. 7) Lodge your regulatory complaint (BSP/SEC/CDA/IC as applicable). 8) File a privacy complaint with NPC if there was doxxing or contact-list harvesting. 9) Consider a civil action for damages (can be reserved/combined with the criminal case).

10) Do’s and Don’ts for borrowers

Communicate only in writing once threats begin; ask the lender to designate a single official channel.
Ask for agent identification, company name, and proof of authority.
Keep your address and schedule private; scrub social media.
If you can pay or restructure, deal directly with the creditor using official channels, not with anonymous callers.

Don’t

Don’t meet collectors alone or in private spaces.
Don’t pay cash to an individual agent; use official payment channels.
Don’t disclose your contacts or employer details.
Don’t secretly record phone calls without legal advice (risk of anti-wiretapping violations).
Don’t ignore preliminary investigation notices—file timely responses.

11) For creditor-employers and agencies (compliance checklist)

Adopt and enforce written fair-collection policies: no threats, no profanities, no contacting third parties except for locating the debtor (and even then, with strict limits), no workplace calls that disclose the debt, no social-media shaming.
Train and monitor agents; require ID, call-script controls, and record retention compliant with privacy laws.
Maintain a complaints desk and escalation to compliance/legal.
Use data-minimization: do not request access to a borrower’s phonebook; restrict data processors.
Contractually require third-party agencies to follow BSP/SEC rules and the Data Privacy Act; audit them.

12) Simple templates

A) Incident timeline (personal log)

Date/Time:
Channel: (SMS/Call/FB Messenger/WhatsApp)
From: (name/alias/number/link)
Exact words used:
Demand made: (amount/action/deadline)
Who else was contacted:
Files saved: (screenshots/voicemail/pdf)
Witnesses:

B) Notice to creditor (email)

Subject: Urgent: Report of Death Threats by Your Collection Agent Dear [Bank/Lender], I am reporting that on [dates], an individual claiming to be your agent (numbers: [xxx]) threatened to kill me/my family if I did not pay [amount]. I attach screenshots/voicemail. Please acknowledge, investigate, and confirm in writing that (1) the agent is suspended from contacting me; (2) all further communications will be in writing to this email; and (3) you will provide the agent’s full identity and agency details for law-enforcement purposes. Sincerely, [Name], [Account No.]

C) Complaint-Affidavit (outline)

Affiant’s details (name, address, ID).
Parties (collector/agency/company, if known).
Narrative of threats (chronological, verbatim quotes if possible).
Screenshots/attachments (marked as Annexes).
Prayer (filing for grave threats, possible extortion, cybercrime as applicable; issuance of subpoena; prosecution).
Verification/Jurat (notarization or oath before prosecutor).

13) FAQs

Q: Can I be jailed for not paying my credit card/loan? A: Nonpayment alone is civil, not criminal. You can be sued, but not arrested just for owing money. Threats of arrest by collectors are unlawful.

Q: The collector called my boss and told them I’m a “criminal.” A: That can give rise to privacy violations, administrative sanctions, and possible defamation and damages claims. Preserve your employer’s call logs and emails.

Q: They used my photos and posted a “WANTED” graphic online. A: Save URLs and screenshots; report to SEC (unfair collection), NPC (privacy breach), and PNP/NBI (grave threats/cyber harassment if threats are present).

Q: Can barangay conciliation stop this? A: Grave threats are typically directly prosecutable; barangay conciliation may not be required and is often not the most effective remedy for criminal threats.

14) Quick checklist (tear-off)

Preserve messages/voicemails/URLs and build a timeline
Police blotter (nearest station)
File grave threats complaint with the Prosecutor
Report to PNP-ACG/NBI-Cybercrime if online
Escalate to BSP/SEC/CDA/IC as applicable
File NPC complaint for privacy violations
Notify lender; request suspension of the abusive agent
Consider civil damages; name both agent and company

Final note

This article gives general legal information for the Philippine context. Specific facts (e.g., how the threat was made, who made it, whether it was conditional, and what sector the lender belongs to) can change the charges, venue, and remedies. For tailored advice—including on recordings and strategy—consult a Philippine lawyer or the Public Attorney’s Office (PAO).