Loan Collectors.docx

Two months to file unjust vexation complaint Dear PAO, We have a new neighbor who has been very annoying since he transferred here in our barangay. He would make some noise at night by shouting, as if in a confrontation with someone but he is only talking to himself. What is more annoying is that just last week he brought home a dog. His dog is generally quiet during the day when my neighbor is out of the house but at night, he would play with his dog and sometimes irritate it, making it bark so loud. I already filed a complaint before our Barangay for unjust vexation and after several conferences, I was given a certification to file action. I just want to know until when I can file my formal complaint. I am planning to go to the province and I have not decided yet when I intend to come back. Please advise me on this matter. Cosme Dear Cosme, In the book, The Revised Penal Code, Criminal Law, by Honorable former Associate Justice of the Court of Appeals Luis B. Reyes, he mentioned that: “Unjust vexation includes any human conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person. (Guevara) The paramount question to be considered, in determining whether the crime of unjust vexation is committed, is whether the offender’s act caused annoyance, irritation, vexation, torment, distress or disturbance

to the mind of the person to whom it is directed. x x x” (page 605, Book Two, Sixteenth Edition 2006) In the situation which you have shared, it appears that your neighbor’s acts have been causing annoyance and disturbance to you in particular. For which reason, you have lodged a complaint before the Barangay against him. You also mentioned that your Barangay has issued a certificate to file action in your favor. Accordingly, you may now proceed in filing your complaint before the Office of the Prosecutor which has jurisdiction over your place of residence as this is where the crime of unjust vexation transpired. We wish to emphasize, though, that you may only pursue the said criminal complaint within a period of two (2) months counted from the day on which you, the authorities, or their agents discovered the crime. The counting of the said period is nevertheless interrupted when you filed your complaint before the Barangay and will commence to run again upon the termination of the Barangay conciliation proceedings and the issuance of the certificate to file action. This is in consonance with Section 73 in relation with Section 1 of Republic Act (R.A.) No. 10951, amending Articles 287 and 9 of our Revised Penal Code, as well as Articles 90 and 91 of the said law: “Section 73. Article 287 of the same Act is hereby amended to read as follows: xxx Advertisements

“Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from One thousand pesos (1,000) to not more than Forty thousand pesos (40,000), or both.

Section 1. Article 9 of Act No. 3815, otherwise known as “The Revised Penal Code” is hereby amended to read as follows: Art. 9. Light felonies are those infractions of law or the commission of which the penalty of arresto menor or a fine not exceeding Forty thousand pesos (40,000) or both is provided. x x x” “Art. 90. Prescription of crime. x x x Light offenses prescribe in two months. Art. 91. Computation of prescription of offenses. — The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him.” (Emphasis ours) Correspondingly, it will be best for you to institute your complaint before the Office of the Prosecutor within the abovementioned period as failure to do so would result in the prescription of the crime which you intend to file against your neighbor. We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

When debt collectors maltreat you By: Efren Ll. Cruz - @inquirerdotnet Philippine Daily Inquirer / 05:55 AM October 26, 2016

Question: I will not deny it. I am past due with a lot of debts. But it is not like I willed to renege on my obligations. My family members’ health circumstances compelled me to raise money. When my own resources got depleted, I resorted to borrowing. Before I knew it, I had borrowed beyond my capacity to repay. But does my financial situation give license to debt collectors to be so offensive to me whenever they come calling? — asked at “Ask a friend, ask Efren” free service available at www.personalfinance.ph and Facebook. Answer: You are not alone. Our EnRich™ Getting Out of Debt (GOOD) program has come across scores of people who did not intend to over-borrow and who are now being harassed, to say the least, by debt collectors. In one instance, the pestering calls of the debt collector to the human resources head of our client’s employer led to the firing of that client. And when our client told the collector what he had done, he simply laughed it off and said he would do the same to his wife. ADVERTISEMENT

Wow! How could anyone be so cruel? The debt was a financial transaction. It was about unpaid credit card balances that were turned over to a collection agency. The collection agency entered a business transaction. Why are they then making it personal? Bangko Sentral ng Pilipinas (BSP) Circular 454 specifically states that banks, subsidiary/affiliate credit card companies, collection agencies, counsels and other agents cannot engage in unfair collection practices. BSP Circular 454 goes on to identify the following acts as unfair collection practices: (quoted verbatim)

a) the use or threat of violence or other criminal means to harm the physical person, reputation, or property of any person; b) the use of obscenities, insults, or profane language which amount to a criminal act or offense under applicable laws; c) disclosure of the names of credit cardholders who allegedly refuse to pay debts, except as allowed under Subsec. X320.9 and 4301N.9; d) threat to take any action that cannot legally be taken; e) communicating or threat to communicate to any person credit information which is known to be false, including failure to communicate that a debt is being disputed; f) any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a cardholder; and g) making contact at unreasonable/inconvenient times or hours which shall be defined as contact before 6 a.m. or after 10 p.m., unless the account is past due for more than 60 days or the cardholder has given express permission or said those times were the only reasonable or convenient opportunities for contact. There is a two-pronged strategy in addressing the rudeness of debt collectors. One is to report them to the Financial Consumer Protection Department of the BSP (i.e. email [email protected] or call 632-708-7087). Be sure to document all communications with your debt collectors including text messages and e-mails. If you can, record your conversation with their consent. The other is to come up with a credible and holistic repayment program to address your debt not just with one creditor but with all of them. (Efren Ll. Cruz is a registered financial planner of RFP Philippines, personal finance coach, seasoned investment adviser and bestselling author. Questions about the article may be sent by SMS to 0917-505-0709 or emailed to [email protected]. To learn more about personal financial planning, attend 58th RFP Program on Nov. 5- Dec. 10. For more details, inquire at [email protected] or text at 0917-9689774.)

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