Dear Attorney,

I have been receiving threatening and harassing messages from collection agents of an online application. They have been contacting me repeatedly, using aggressive language and threatening actions. I feel distressed and unsure of how to stop this behavior. What legal remedies can I pursue against these practices, and how can I protect myself?

Sincerely,
Distressed Debtor

Insights

In the Philippines, harassment by collection agents, including threats and abusive language, may be considered a violation of several laws and regulations aimed at protecting consumers from unfair debt collection practices. Collection agents, whether working for banks, financial institutions, or online apps, are subject to limitations on how they can interact with debtors.

Republic Act No. 10173 or the Data Privacy Act of 2012

One relevant legal remedy is under the Data Privacy Act of 2012. Debt collection agencies are prohibited from sharing personal information without consent. If the collection agency has shared your personal data, including contacting unauthorized individuals about your debt, you can file a complaint with the National Privacy Commission (NPC).

Revised Penal Code on Grave Threats

Under the Revised Penal Code, specifically Article 282, grave threats are a criminal offense in the Philippines. If the collection agents have issued threats of harm, property damage, or other illegal acts, they could be criminally liable for grave threats. You may file a complaint with the appropriate authorities, such as the Philippine National Police (PNP) or the National Bureau of Investigation (NBI), depending on the severity of the threat.

Fair Debt Collection Practices

While the Philippines does not have a specific "Fair Debt Collection Practices Act" as found in other jurisdictions, certain provisions in Philippine laws address abusive collection practices. Collection agents are prohibited from using threats, intimidation, or false representations to collect debts. This can include using foul language, excessive communication, or misrepresenting the consequences of non-payment.

Remedies

File a Complaint – You may file a formal complaint with the Bangko Sentral ng Pilipinas (BSP) if the collection agents are employed by a bank, or with the Securities and Exchange Commission (SEC) if the company is under their regulation.
Cease-and-Desist Letter – A cease-and-desist letter can be issued to the collection agency demanding that they stop their unlawful practices.
Criminal Action – If the harassment involves threats, you may file a case for grave threats or unjust vexation under the Revised Penal Code.
Civil Action for Damages – You may also pursue a civil case for damages under the Civil Code of the Philippines. Articles 19, 20, and 21 of the Civil Code provide for liability in cases where someone willfully causes injury to another, or if the act constitutes an abuse of right.

Understanding your rights and seeking immediate legal assistance is crucial to protect yourself from any unlawful debt collection practices.