Possible Online Loan Scam in the Philippines

Concern (Rewritten in English):
Good morning, I would like to seek your assistance regarding an online lending company that appears to be illegitimate. I applied for an online loan worth PHP 70,000. To withdraw the amount, they required me to deposit PHP 7,000 first, which I did. Afterward, they claimed there was a problem because the number I provided during the application process was incomplete. Now, they are asking for an additional PHP 35,000 to unlock my account and send the loan amount. Please help me. Thank you so much.


Legal Contemplator


Initial Observations and Context

This case raises immediate concerns about the legitimacy of the online lending company. Some initial observations include:

  1. The requirement to deposit money upfront before receiving the loan is highly unusual and raises a red flag. Legitimate lending institutions do not typically require such payments.
  2. The demand for an additional PHP 35,000 after a previous deposit of PHP 7,000 exacerbates suspicion.
  3. The mention of unlocking the account as a condition for receiving the loan suggests possible fraudulent intent.

It is also important to consider the legal and regulatory environment for online lending companies in the Philippines. Financial institutions and lending companies are regulated by agencies such as the Bangko Sentral ng Pilipinas (BSP) and the Securities and Exchange Commission (SEC). All legitimate online lenders are required to register with the SEC and adhere to established laws like the Lending Company Regulation Act of 2007 (Republic Act No. 9474).


Exploring Possible Fraudulent Indicators

1. Upfront Fees for Loan Processing

Legitimate lenders typically deduct processing fees from the approved loan amount rather than requiring separate payment upfront. Why might this lender demand an advance? Could they claim it is a form of collateral or guarantee? If so, this practice still contradicts common industry standards and may violate regulations.

2. Escalating Demands for Money

The initial PHP 7,000 payment might be framed as a processing fee, but the subsequent demand for PHP 35,000 raises serious concerns. This pattern of escalating monetary demands without delivering promised funds is a hallmark of financial scams.

3. Vague or Contradictory Communication

The claim that the loan cannot be sent due to an incomplete number further diminishes credibility. How would this technicality require such a substantial additional payment to resolve? It is unlikely that a legitimate company would impose such a costly penalty for correcting an administrative error.


Legal Violations to Consider

1. Lending Company Regulation Act of 2007

  • Under this law, lending companies must register with the SEC and follow fair and transparent practices.
  • If the company in question is not registered, it is operating illegally.

2. Anti-Cybercrime Act of 2012 (RA 10175)

  • This law penalizes online fraud and schemes that deceive individuals into transferring money. If proven, the actions described may constitute cyber fraud.

3. Estafa (Article 315 of the Revised Penal Code)

  • Estafa occurs when a person defrauds another by inducing them to part with money through deceit or false pretenses. The described situation seems to fit this definition.

Practical Steps for the Concerned Individual

  1. Verify the Legitimacy of the Lending Company

    • Check the SEC website or contact their hotline to confirm if the company is registered and authorized to operate.
    • Look for a Certificate of Authority to Operate as a Lending Company.
  2. Gather Evidence

    • Keep all communication records, such as emails, text messages, and receipts of payments made.
    • Document every interaction with the company, including the names of representatives and dates of communication.
  3. Report the Incident

    • File a report with the Securities and Exchange Commission (SEC).
    • Lodge a complaint with the National Bureau of Investigation (NBI) Cybercrime Division or the Philippine National Police Anti-Cybercrime Group (PNP-ACG).
    • Provide all evidence of the fraudulent activity.
  4. Avoid Further Payments

    • Do not send any additional money, as it is unlikely to resolve the situation. Instead, focus on recovering the initial PHP 7,000 if possible.
  5. Consult a Lawyer

    • Seek legal advice to explore the possibility of filing a case for estafa or online fraud. A lawyer can guide you through the process and ensure your rights are protected.

Remaining Questions and Doubts

  1. Is there any documented evidence (such as a contract) provided by the lending company that outlines the terms of the loan?
  2. Has the individual verified whether the company is registered with the SEC?
  3. Are there any public complaints or warnings about this company on online forums or government websites?

These questions can help refine the approach to resolving the issue and determining whether further legal action is warranted.


Possible Outcomes and Scenarios

  • If the company is unregistered and/or their actions are proven fraudulent, they could face penalties under the Lending Company Regulation Act and Anti-Cybercrime Act.
  • The individual may recover the money if law enforcement successfully tracks and prosecutes the perpetrators. However, the recovery process can be lengthy and uncertain.

Final Answer:

This situation strongly suggests a potential scam. You should:

  1. Verify the company's registration with the SEC.
  2. Gather all evidence of the transaction and communication.
  3. File complaints with the SEC, NBI Cybercrime Division, or PNP-ACG.
  4. Avoid sending any further payments and consult a lawyer to discuss potential legal remedies.

Your safety and financial security are paramount.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.