Dear Attorney,

I have been receiving grave threats, including threats against my family, because of my delayed payments on online loan apps. I’m concerned for our safety and would like to know what legal actions I can take to protect myself and my family. What are the next steps to address these threats, and is there any immediate legal remedy I can seek?

Sincerely,
Concerned Borrower

Insights

In the Philippines, the act of making serious threats is addressed under Article 282 of the Revised Penal Code, which defines “Grave Threats.” This law punishes any individual who threatens to inflict harm upon another person, their property, or their family. In the case of debt-related disputes, creditors, including online lending platforms, cannot resort to threatening a borrower with harm, as it constitutes a criminal offense.

What Constitutes Grave Threats?

Grave threats involve any threat of a crime that would cause serious injury to a person or damage their property. Specifically, it could be a statement that implies harm, such as bodily injury or any violent act intended to coerce or intimidate. These threats can be verbal, written, or communicated through any medium, including digital platforms like messaging apps or social media.

Legal Actions You Can Take

If you or your family are receiving grave threats, you can immediately take the following legal steps:

File a Police Report: Visit your nearest police station to report the threats. The authorities can assist in investigating the matter and may offer you temporary protection, particularly if the threats are ongoing.
File a Complaint: You may file a criminal complaint for Grave Threats under Article 282 of the Revised Penal Code. The penalty for grave threats varies depending on the circumstances, but it generally results in imprisonment. The penalty can be more severe if the threat is made with a clear intent to extort or intimidate the victim.
Seek a Protection Order: If the threats are severe, you may also request a protection order, especially if the threats include violence or harm against your family. This can prevent the person making threats from contacting or approaching you or your loved ones.

Consumer Protection for Borrowers

The Bangko Sentral ng Pilipinas (BSP) and other regulatory agencies have issued guidelines on responsible lending practices. Online loan apps are regulated under Philippine law, and any harassment, intimidation, or unlawful collection practices are strictly prohibited. Borrowers experiencing harassment from lending apps can file a complaint with the BSP or the National Privacy Commission (NPC), which oversees the proper handling of personal data.

Conclusion

It’s important to protect yourself and your family from grave threats, whether they arise from personal conflicts or financial disputes. The law is clear: no one, not even creditors, is allowed to intimidate or coerce through threats of violence. Take action by reporting these incidents and seeking the appropriate legal remedies to ensure your safety.