In the digital landscape of the Philippines, the rise of Online Lending Applications (OLAs) has been accompanied by a surge in predatory practices and fraudulent schemes. When these entities engage in harassment, unauthorized data processing, or financial fraud, the Philippine National Police Anti-Cybercrime Group (PNP-ACG) serves as the primary enforcement body for redress.
This guide outlines the legal framework and the procedural steps necessary to file a formal complaint.
1. Legal Basis for the Complaint
Complaints against online loan scams generally fall under several Philippine laws. Identifying the specific violation helps the PNP-ACG categorize the offense:
- Republic Act No. 10175 (Cybercrime Prevention Act of 2012): Covers identity theft, computer-related fraud, and cyber-libel (often used in cases of "debt shaming").
- Republic Act No. 10173 (Data Privacy Act of 2012): Pertains to the unauthorized access of phone contacts and the disclosure of private information to third parties.
- SEC Memorandum Circular No. 18 (Series of 2019): Prohibits unfair debt collection practices, including the use of threats, insults, or profane language.
2. Preliminary Step: Evidence Preservation
The success of a PNP-ACG investigation relies heavily on the quality of digital evidence. Before initiating the report, victims must secure:
- Screenshots: Capture the loan agreement, transaction receipts, and the specific harassing messages or social media posts.
- Call Logs and Recordings: Save logs of persistent or threatening calls.
- Identification: Document the name of the lending app, its SEC registration number (if available), and the mobile numbers or accounts used by the scammers.
- URL/Links: If the harassment occurs on social media, copy the direct links to the profiles or posts.
3. Procedural Steps to Reporting
Step A: Online Pre-Report (Cyber Tip)
While a physical appearance is usually required for a formal affidavit, victims can initiate the process through the PNP-ACG Cybercrime Incident Reporting System or their official social media channels. This allows for an initial assessment of the case.
Step B: Physical Visit to the ACG Office
Victims should proceed to the PNP-ACG Headquarters at Camp Crame, Quezon City, or to the nearest Regional Anti-Cybercrime Unit (RACU).
- Desk Evaluation: An officer will conduct an initial interview to determine if the elements of a cybercrime are present.
- Affidavit Execution: You will be required to execute a formal Sworn Statement (Affidavit of Complaint) detailing the timeline of the loan, the interest rates, and the specific acts of harassment or fraud.
- Digital Forensic Examination: If necessary, the ACG may request to perform a "forensic mirror" or extraction of the messages from your mobile device to ensure the evidence is admissible in court.
Step C: Issuance of Complaint Referral
Once the ACG validates the complaint, they may issue a referral to the National Prosecution Service (NPS) or coordinate with the National Telecommunications Commission (NTC) to facilitate the blocking of the scammer's numbers or applications.
4. Key Considerations for Victims
| Issue | Resolution Path |
|---|---|
| Debt Shaming | File for Cyber-Libel under RA 10175. |
| Data Breach | File a separate complaint with the National Privacy Commission (NPC). |
| Illegal Interest | Report the entity to the Securities and Exchange Commission (SEC) for Truth in Lending Act violations. |
5. Summary of Contact Information
For immediate assistance or to schedule an appointment, the PNP-ACG can be reached through the following channels:
- Address: Building 7, Camp General Rafael T. Crame, Quezon City.
- Hotline: (02) 8723-0401 local 7491
- Email: pnpacg.itad@gmail.com / acg@pnp.gov.ph
Note: Filing a report with the PNP-ACG does not automatically extinguish a legitimate principal debt. However, it provides legal protection against illegal collection methods and criminal activities perpetrated by the lender.