Perhaps you’ve heard someone making threats to file criminal cases against debtors who fail to pay. Yet you’ve heard the statement that no one can be imprisoned simply because of a debt. This is a basic principle and we thought we already have a discussion on this topic. We indeed have such discussion but we forgot to post it here. So here goes.
The prohibition against imprisonment for a debt is a basic right enshrined in no less than the Constitution (Article III):
No person shall be imprisoned for debt or non-payment of a poll tax.
The rationale for this prohibition is explained in the case of Lozano vs. Martinez, thus:
. . . Viewed in its historical context, the constitutional prohibition against imprisonment for debt is a safeguard that evolved gradually during the early part of the nineteenth century in the various states of the American Union as a result of the people’s revulsion at the cruel and inhumane practice, sanctioned by common law, which permitted creditors to cause the incarceration of debtors who could not pay their debts. At common law, money judgments arising from actions for the recovery of a debt or for damages from breach of a contract could be enforced against the person or body of the debtor by writ of capias ad satisfaciendum. By means of this writ, a debtor could be seized and imprisoned at the instance of the creditor until he makes the satisfaction awarded. As a consequence of the popular ground swell against such a barbarous practice, provisions forbidding imprisonment for debt came to be generally enshrined in the constitutions of various states of the Union.
This humanitarian provision was transported to our shores by the Americans at the turn of the century and embodied in our organic laws. Later, our fundamental law outlawed not only imprisonment for debt, but also the infamous practice, native to our shore, of throwing people in jail for non-payment of the cedula or poll tax.
In other words, no one could be compelled to pay a debt under pain of criminal sanctions (estafa is a different matter). No one could also substitute the payment of debt through imprisonment or other criminal penalties (subsidiary imprisonment is also another matter).
Let’s examine some laws that were questioned, albeit unsuccessfully, on the ground that these laws violate the constitutional prohibition against non-imprisonment for debt.
Bouncing checks. Certain laws, including Bouncing Checks Law (BP 22), have been questioned as a violation of this right. However, it’s not the non-payment of an obligation which this law punishes. The law isn’t designed to coerce a debtor to pay his debt. The thrust of the law is to prohibit, under pain of penal sanctions, the making of worthless checks and putting them in circulation. Checks have become widely accepted as a medium of payment in trade and commerce, and if the confidence in checks is shaken, the usefulness of checks as currency substitutes would be greatly diminished. When the question was resolved in 1986, it had been reported that the approximate value of bouncing checks per day was close to 200 Million Pesos, thereafter averaging between P50 to P80 Million a day. (Lozano vs. Martinez)
Trust receipts. The same argument was raised against the Trust Receipts Law (PD 115), which is a declaration by the legislative authority that, as a matter of public policy, the failure of a person to turn over the proceeds of the sale of goods covered by a trust receipt or to return said goods if not sold is a public nuisance to be abated by the imposition of penal sanctions. It punishes the dishonesty and abuse of confidence in the handling of money or goods to the prejudice of another. The law does not seek to enforce payment of a loan. (Tiomico vs. CA)
Credit cards. Under the Access Devices Regulation Act of 1998 (RA. 8484), anyone who obtains “money or anything of value through the use of an access device, with intent to defraud or with intent to gain and fleeing thereafter” is criminally liable, punishable with a fine and imprisonment. That law also provides that a cardholder who abandons or surreptitiously leaves the place of employment, business or residence stated in his application or credit card, without informing the credit card company of the place where he could actually be found, if at the time of such abandonment or surreptitious leaving, the outstanding and unpaid balance is past due for at least 90 days and is more than P10,000.00, shall be prima facie presumed to have used his credit card with intent to defraud.” We are still waiting for the test case on this.
Hi. My father is a businessman who contracted debts in his name instead of through the company. Should he pass away before the debts are paid, what happens to the obligation should his estate prove insufficient? Will his debts automatically be assigned to us (his children)? What legal steps/options could be taken? Thank you.
His liabilities shall be charged as a claim against his estate upon settlement.
No his debt wii not be assigned to you but will be extinguish by reason of death.
Good day!
I have a walk-in client who used to have GLOBE text PLAN. He was not able to settle his account which reached to the point his plan is cut. He has a total bill of Php 9,000.00 for 4 months + Php 10,000.00 breaching of contract fee.
Any advise for him?
Thank you…
Hi sir.. Good morning… Ask ko LNG point sana… Hope you can advise me on this. My mom borrowed money from a cooperative under my name.. I thought wala na utang since it was offseted as investment. Only to find out name lomobo name as interest since 2008. Wala ng capacity to pay for it. May utang then akong binayaran as ibang pang credit union nya. Please help
Hi we have same situation. what happened na po? pls reply?
hi my sister makes me a co maker of her debt on a capital before she goes on hongkong for her work what is the best to do to clean my name on that debt?my sister have gone and we dont know where she goes or where is tha address of her?any advise please? thanks!
@ pagoda
read this link and you’ll learn more
http://panyero.net/namatay-ang-credit-card-holder/#more-34
@ dxtrdaquarius
eto nmn try mo link
http://panyero.net/nakulong-sa-utang/
HTH = Hope this help
Is their a law which stipulates that a permanent instructor in a State Colleges and Universities who have not finished their masteral degree will be downgraded to a temporary or probationary instructor?
we had a small business early this year but due to my husbands health condition we stopped and so a friend took over letting her use the entire place and all the things inside. after her three months of operation we decided to pull out our things so we asked for clearance from the lessor if can pull out our things. the lessor approved and so we moved out. this friend sued us for a month ” accrued rental” when in fact we were already cleared by the lessor. she filed a case at the barangay level. does she has the basis for doing so?
are we forced to pay the sum of money we dont even owe?
Right. I guess that constitutional provision is one of the most misunderstood provision. But on the other hand, The loan business industry in the country is a loose one. So in reality, a lot of people do not go to court to settle their debt. Most loans are incurred via the “5-6” system anyway.
For more discussion on Philippine Jurisprudence, feel free to visit
http://howardscasedigests.webs.com/
Can a person be imprisoned for school debt?
Good day!
i just want to know what would be the sanction of breaching of contract of lessor vs. lesse?
a lesse has almost php75,000 of debt to lessor and they transfer to another house without noticing the lessor..
Thanks!..
Hi Sir,
I am an ofw in uae and since i lost my job i left the country at umuwi dito sa pinas kasi makukulong ka sa uae if 2 monthly di ka nakapay ng due mo. my question is makakasuhan o makukulong po ba ako dito sa pinas since yung debt ko nasa uae? all applications for credit cards and loans doon ay pinapaissue kami ng check, makukulong po ba ako nila d2?please i need your advice.
thanks!
mag tago ka sa bundok para d ka mahanap ng taga uae. a friendly advice
Please give us advice since there are thousands of OFWs from UAE having the same problem and being threatened and harrased by these collecting agencies. We know we have obligation but we dont have a choice since we lost our jobs and now it we have only budget for our families and other basic needs. please help us
Same thing happened to me. My husband borrowed P35,000 from a Lending Company to pay for his placement and processing fee to the recruitment agency. Unfortunately, the company was not able to give salaries on time since he was deployed there last April 30, 2015. Now, the Lending Company personnel and their legal staff whose names are just nicknames and they dont give e their full name when I ask them who they are. They are threatening me that they will file a BP 22 estafa case against me since I am the co-borrower and co-signatory for the account. I know that I have to pay and willing to pay but I am requesting them to give me consideration to restructure my account and pay it in 6 months term. They are forcing me to pay P10,000 on or before March 31, 2016. But I pleaded to make the payment on April 15, 2016 because I still need to look fot the P10,000.00. I am so much bothered now, cant sleep and cant eat well because of what they are doing. They are also calling and texting my reference contact persons and giving me shame in this situation telling them they are not able to contact me. Please help me and any advise in my case. Thanks a lot.
Mam same here. Anu n po ngyare? Need advice as well.
hello po,ganyan din experienced nmin…ano n apong news nung sa inyo….
ako din po eh posible ba na makulong tayo ako ngbbgay kahit l malaki kita 3000-5000 a month pero la cla konsiderasyon dahil maliit bgay ko lalo nalaki
Gusto ko lang po magtanong kung tama ba yung ginagawa ng isang collection agency. Pang huling bayad ko na lang sa credit card dapat nung March 2010 kaya lang di kami naka pagbayad sa dahilan na di pa ako naka pagtrabaho muli mula nun na retrench mula 2009, pero kahit paano nakaka bayad naman kahit nahuhuli sa petsa. Nitong marso hanggang hunyo medyo nahirapan lang talaga, pero naka bayad kami ng limang libo sa kanila at natira yun mahigit isang libo na interest daw yun sa limang libo.
Ngayon sinabi na namin na magbabayad kami bago matapos itong buwan ng hunyo, pero napakasama ng mga salita na binitawan samin ng collection agency sa telepono, keso sasampahan daw kami ng kaso na breach of contract; ipapapublish daw nila ang pangalan namin at marami pang ma-aanghang salita. Alam namin na nahuli itong pang huling at final na bayad pero sa ulit, nakapagbayad din ng mahigit sa kalahati na hinihingi nila. Tama ba itong ginagawa ng collection agency at kung hindi, saan kami puede dumog para makapag-reklamo.
Maraming salamat po.
Hi,
I owe a certain bank payment for a salary loan. I understand what the blog said about not being imprisoned but what about taking of properties? I saw from the link that you quoted the bill of rights to support this. However, the latter mentions, “… no one can be deprived of life, liberty, property without due process..” or something like that.
Question is, can they really take properties even if they are willing to go through all the legal proceedings? What can we do, too, as consumers who have somehow taken steps to pay but just cant pay the full amount due to sudden changes in circumstances that affected our capability to pay?
i have a transaction posted on my credit card but this transaction is invalid.
I make a letter of dispute on the said transaction. This transaction is a miscommunication
as far as know where talking about the free platinum card that they offer me and i will receive a
voucher gift. He sighted that they offer a lifetime membership amounting 3997.50 and he told me that i have no obligations to pay this in full and this amount is zero interest. And i will receive a call again to confirm that amount.
He get all my details in my credit card and without worry i gave this because i thought i talked a person from the bank.
In short he use my card to pay online the membership fee. that day. And i dont received a call from them
Hope you could help me
Hello,
I am a single proprietor and I have a bookkeeper. However, the bookkeeper did not pay all my contributions for specific months so I paid all the discrepancies during the business permit renewal. Can I sue my bookkeeper for anything? The discrepancy is around more or less 30thousand pesos. I would highly appreciate your reply.
Thank you so much.
hello there,
i just wanted to know the best and legal way for me to get the money that was borrowed to me by an OFW who is based in S. Korea. I have been promised countless times and even sent me a copy of her drivers license, alien reg card and a promise to pay letter but with no good results.
I know that no one gets imprisoned because of debt, but would it be possible to have that person deported from S. Korea for non-payment of debt?
(The money borrowed amounted to P250k that’s why it concerns me a lot)
Your response will truly help.
Mishy
I have an outstanding loan from a Financing Company. This is my second time to avail of their loan services, but due to some unavoidable circumstances I failed to pay all the monthly amortizations via PDCs I have issued to the company. Thus, I was informed that a BP 22 case has been filed against me. I haven’t received any subpoena or warrant from the court since I moved to another residence. Mails concerning my outstanding loan from the financing company were either directed to my mother’s residence or to my husband’s office mostly threats that they would be publishing my picture on the newspaper. Just recently, a letter was delivered at my mom’s residence stating that should I fail to make arrangements with their office within a week upon delivery of the letter, they would be posting my picture in two leading newspapers for four consecutive weeks (a sample for said notice re: pending BP 22 case with my picture has been attached). Is this really possible? And if a case has been filed against me, should I not make arrangements with them in court and not in their office? I really need your advice on this.
Thank you.
I was required to issue post dated checks before I was granted a personal loan by a bank. After some payments made, I started defaulting not by intention but because I no longer have sufficient financial capacity to pay at that certain time and the PDCs I made started bouncing, can I be charged with Estafa or BP 22 and imprisoned?
I hope I can have a reply
Thanks.
same situations
same here
May I ask what happen?cause I have same situation. May I kindly get your advise pls
Hi,
I want to go to law school; however, i realized that it will be useless since I discovered that I have an outstanding balance with a credit card company. I used to pay it 6 years ago, but when i noticed that my payment has not been deducted in a monthly period I communicated with the bank and I was threatened and being compelled to pay the remaining balance. Anyway, I stopped paying but I haven’t received any call or mail from them given that I did not change my address. Nonetheless, when I was about to obtain a car loan from a different bank I was denied due to the fact that they discovered that I have an outstanding balance of more than 100 K.
My question is, just in case, i finish law school and pass the bar will the SC allow me to take my oath? What will be your advice?
Thanks.
kiko
just pay your debt.
Im a co.maker and i have the same issue.. can we get an answer please?
Hi wat if po as ofw nglending ng money then s dami po ng pinpirmahan ng lending agency at kapit sa patalim n rin d n po halos nbasa ung terms and condition ng lending compny, s dami ng dpat asikasuhin sa agency. Nakaalis po ng bansa pero unfortunately ngkaroon ng global crisis at 6mos lng ung nbyaran , pinauwi ng compny dahil sa pngyyari ngkroon ng separation pay n 1 month salary at gnamit nya pgbyad s remaining balance pero d enough pra mbyaran ng buo u ng remaining so pg uwi nya ng pinas ngreport xa s agency at cnbi n pinauwi cla cnbi nya n ang remaining nya ay 12k NT dollar pero kinonvert nila s peso kya lumaki nging 21k peso eh jobless xa wala work almost a yr ngulat n lng xa kc nging 100k peso n utang nya hnggng d nbyaran my kaso po b ang gnun?thanks po sana po msagot nyo po salamat