Dear Attorney,

I hope this letter finds you well. I am reaching out because I recently discovered that I was made a guarantor for a friend’s personal loan—allegedly secured online—without my prior knowledge or explicit consent. When my friend defaulted on this obligation, I began receiving harassing and threatening text messages from individuals claiming to be debt collectors or representatives of the lending entity. They have been sending me daily threats, suggesting they will disrupt my life if I fail to ensure that my friend settles the debt immediately. I am deeply concerned about the legitimacy of these claims and the legal options available to me.

I had no idea about my friend’s loan, much less that I was designated as a guarantor. However, the intimidating messages have caused me a great deal of stress and anxiety. I am not sure whether these threats are enforceable or if there are legal mechanisms in place to protect me from such harassment. Could you please advise me on how to handle this situation under Philippine law? Specifically, I would like to know whether I can be held liable for an obligation I never knowingly assumed and how I can assert my rights and seek redress for the threats and potential invasion of my privacy. Your expertise and guidance on this matter would be immensely appreciated.

Thank you for your time and assistance.

Sincerely,
A Concerned Citizen

Introduction

Under Philippine law, individuals may be designated as a guarantor to secure the loan obligations of another person. A guarantor essentially assures the creditor that if the principal debtor fails to settle the debt, the guarantor will be secondarily liable. However, valid consent is crucial for establishing such guaranty contracts. When a person becomes an unwitting guarantor—without knowledge or explicit authorization—several legal principles come into play, including consent requirements in contracts, obligations under the Civil Code, and remedies for harassment and intimidation.

This article aims to provide a meticulous and comprehensive examination of the legal implications involved in being designated as a guarantor without consent, as well as an exploration of remedies to protect oneself against unlawful debt collection tactics. By understanding the relevant statutory and jurisprudential frameworks, as well as the best practices for responding to threats, individuals can better protect their rights.

I. The Nature and Formation of a Guaranty Contract

Definition and Purpose
Article 2047 of the Civil Code of the Philippines defines a guaranty as an agreement whereby a person (the guarantor) binds oneself to the creditor to fulfill an obligation if the principal debtor fails to do so. The role of a guarantor is to provide additional assurance to the creditor that the loan obligation will be paid.
Consent and Meeting of the Minds
Contracts, including those involving guaranty, must have the essential elements of consent, object, and consideration. The Civil Code affirms that consent requires a “meeting of the minds” (Article 1305). In other words, the guarantor must willingly and knowingly agree to take on potential liability for the debt. Absent such consent, the contract of guaranty may be void or unenforceable for lack of a valid agreement.
Formalities
Under Article 1403 of the Civil Code, certain agreements—particularly contracts of guaranty—must be in writing to be enforceable. Even if the guaranty is made verbally, enforceability issues arise if there is no written evidence of the guarantor’s assent. Where an individual claims that they were unaware of the guaranty, documentary proof or electronic documentation (in the case of online transactions) becomes critical.
Burden of Proof
In disputes about the validity of a guaranty, the lending company or creditor generally bears the burden of proving that a valid contract exists. The creditor must show that the alleged guarantor had full knowledge and agreed to be bound. Without clear proof, courts may consider the guaranty unenforceable.

II. Liability of an Unknowing Guarantor

Secondary Liability in a Valid Guaranty
When a guaranty is validly formed, the guarantor is secondarily liable. This means that the creditor must typically pursue the principal debtor first before demanding payment from the guarantor. However, if the guaranty is invalid because there was no genuine consent, the alleged guarantor may argue they are not bound by the obligation.
Defenses Available to the Alleged Guarantor
- Lack of Consent: Demonstrating that one did not sign any document or otherwise give explicit and informed consent to serve as a guarantor is a potent defense.
- Forgery or Falsification: If any signature or relevant document was forged, the alleged guarantor may raise such forgery as a ground for invalidation of the contract.
- Unauthorized Use of Identity: With the rise of online transactions, it is possible that someone else used an individual’s information without that person’s knowledge or permission. This scenario gives the alleged guarantor further basis to dispute liability.
Potential Outcomes
- Nullity of the Guaranty Contract: A court may hold that no valid contract existed if consent was not proven.
- Impossibility of Enforcement: Even if the principal debtor’s liability remains, the creditor may lose the ability to enforce payment against the so-called guarantor if there is no valid agreement.

III. Harassment and Threatening Behavior Under Philippine Law

Prohibition of Harassment and Unfair Debt Collection Practices
While the Philippines does not have a single overarching “Fair Debt Collection Practices Act” comparable to certain jurisdictions, the legal system protects individuals from harassment and intimidation. Any creditor or collection agency that uses threats, intimidation, or coercion may face civil or even criminal liability.
Relevant Legal Provisions
- Revised Penal Code (RPC): Under Articles dealing with threats, slander, or unjust vexation, individuals who issue menacing statements or cause undue alarm may be subject to criminal prosecution.
- Civil Code Provisions: Articles on human relations (Articles 19, 20, and 21) enjoin everyone to act with justice, give everyone his due, and observe honesty and good faith. If a person causes damage through willful misconduct or negligence, they could be held liable for damages.
- Data Privacy Act of 2012 (Republic Act No. 10173): While primarily concerned with data protection, the Act also regulates the unlawful use of personal information, including the unauthorized or inappropriate disclosure of personal details during collection.
Forms of Harassment
- Threatening Messages: Telephone calls and text messages that threaten to disrupt one’s life or cause harm are potentially actionable as grave threats (Article 282 of the RPC) or light threats (Article 285), depending on the severity and specificity of the threat.
- Public Shaming: Some collectors resort to posting alleged debts on social media or contacting the debtor’s acquaintances. Such conduct could violate the debtor’s right to privacy and dignity.
- Coercive Tactics: Repeated or persistent calls that induce fear or distress may be grounds for legal action.

IV. Legal Remedies and Protective Measures

Filing a Complaint with Law Enforcement
If threats rise to a criminal level, the first step would be to file a blotter report with the police. This documents the harassment and may deter aggressive creditors from further intimidation. Should the conduct escalate, a formal complaint for grave threats, light threats, or unjust vexation can be filed under the Revised Penal Code.
Seeking a Protection Order or Injunction
Courts can issue protection orders or injunctions against parties who harass or threaten individuals. These legal remedies can compel the harassing party to cease and desist from further unlawful acts.
Data Privacy Complaints
When personal data are misused—such as unauthorized disclosure of alleged debt or any other sensitive information—an aggrieved individual may file a complaint with the National Privacy Commission (NPC). The NPC has authority to investigate violations of the Data Privacy Act and impose penalties, including fines or imprisonment, for serious offenses.
Civil Action for Damages
If the harassing conduct has caused emotional distress or damage to one’s reputation or well-being, the aggrieved party may file a civil case for damages based on the broad principles enshrined in Articles 19, 20, and 21 of the Civil Code. Through a civil action, the court may award moral, nominal, or even exemplary damages where warranted.
Requesting Legitimate Documentation
If the collection agency claims you are a guarantor, request a copy of the contract or any supporting documents that explicitly demonstrate your alleged consent. Insist on written and verifiable proof. If none is provided, you have grounds to refuse their demands.
Cease and Desist Letters
Through counsel, a cease and desist letter may be sent to the creditor or collection agency, warning them that their conduct is unlawful and that legal action will be pursued if they do not stop. This can sometimes halt the harassing behavior or at least show that you are prepared to assert your rights.

V. Defending Against Unjust Demands for Payment

Challenge the Validity of the Guaranty
Immediately contest the claim that you are a guarantor if you truly did not consent. This may involve submitting a sworn affidavit stating that you never signed any document and never provided any personal information for this purpose.
Dispute Inaccurate Credit Records
If the entity reports you to credit bureaus, you can dispute the record by presenting proof of lack of consent. The Banko Sentral ng Pilipinas (BSP) has regulations governing credit information handling, and the Credit Information Corporation (CIC) supervises credit data. Make sure to send them a formal dispute if your name was erroneously included as a guarantor.
Mediation and Settlement
Although you may not be liable at all if the guaranty contract is invalid, sometimes seeking a swift resolution via mediation can help bring clarity. During mediation, you could confirm the absence of your consent and push for a formal withdrawal of any claims against you.
Coordinating with the Principal Debtor
In some cases, the easiest route is to communicate with your friend who took out the loan. Understand their financial capacity and urge them to rectify the matter to avoid further complications. However, this does not mean acknowledging that you are a valid guarantor.

VI. Practical Steps to Protect Yourself

Document All Communication
Retain copies of every threatening text message, phone call record, email, or notice that you receive. This evidence can prove crucial in any subsequent legal action or complaint.
Engage an Attorney
Consulting a lawyer who is experienced in credit and collection law is recommended. They can best advise on your defenses, file protective legal actions, and represent you in negotiations or court proceedings.
Be Wary of Scams
Given the prevalence of online transactions, always verify if the contacting entity is legitimate. Some unscrupulous parties may claim to be “collectors” to extort money from unsuspecting individuals. If you suspect a scam, report it to the police and the National Bureau of Investigation’s Cybercrime Division.
Maintain a Paper Trail
If you submit any documentation—affidavits denying the guaranty, formal complaints, or cease and desist letters—retain originals and send them via reliable, trackable methods. Ensure that each submission is date-stamped, properly acknowledged, or notarized.
Avoid Self-Incrimination
When speaking to creditors or collectors, keep communication brief and to the point. Avoid inadvertently admitting any liability or entering into any partial settlement that could be used against you.

VII. Illustrative Jurisprudence

Sps. Guerrero v. Sps. Villamor (G.R. No. 176843): This case emphasized the importance of a valid meeting of minds in establishing the existence of a contract. Without unequivocal consent, a contract cannot bind the parties.
DBP v. Ong (G.R. No. 191787): The Supreme Court reiterated that in a contract of guaranty, the guarantor’s liability is secondary. The creditor must exhaust remedies against the principal debtor unless solidary liability was expressly stipulated.
Spouses Pen v. RTC (G.R. No. 171097): The Court underscored the principle that any waiver of rights or assumption of obligations must be made knowingly and voluntarily.

These rulings support the stance that for a guarantor to be legitimately bound by a debt, there must be clear, unequivocal evidence that the guarantor gave consent.

VIII. Conclusion and Recommendations

Being falsely or unknowingly named as a guarantor for another person’s loan can be distressing—especially when followed by harassment from collectors. Philippine law provides multiple safeguards for individuals in such predicaments. The fundamental principle of consent underpins the validity of all contracts, including those of guaranty. Therefore, an individual who did not knowingly and freely consent to be a guarantor ordinarily has strong defenses against forced payment.

Moreover, harassment and threats from collection agencies or any other individuals may constitute criminal or civil violations. Victims are not without recourse; they can file criminal complaints for threats, seek civil damages, request protective orders, and lodge complaints with authorities like the National Privacy Commission when personal data are misused. Engaging a competent lawyer is advisable for navigating these issues effectively.

In sum, one who finds oneself in the position of an alleged guarantor without proper knowledge should:

Challenge the validity of the guaranty by demanding written proof of consent.
Document all instances of threats and harassment for potential legal action.
Consider filing a complaint with law enforcement authorities if the threatening conduct is grave.
Seek legal counsel to ascertain which remedies—civil, criminal, or administrative—are appropriate.

By proactively asserting one’s rights and taking strategic steps in coordination with legal advisors, it is possible to prevent further abuses and maintain personal peace of mind. If no valid guaranty exists, the creditor has no legal right to hold you liable, and any attempts at coercion or intimidation can be appropriately addressed through the Philippine justice system.