December 14, 2021
Dear Ms. Ginalyn Valdez,
Greetings!
Thank you for your request dated Dec 14, 2021 02:03:46 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
Your Request
You asked for assistance re: Online Lending Harassment, Death Threat, Posting of personal info in fb, messenger, text blasting.
Response to Request
We note that you failed to submit a valid ID or proof of identity. Instead, you attached a screenshot of the online lender's text message. As you may be aware, Filipino citizens can make an FOI request. As a matter of policy, however, requesters are required to present proof of identification. The government agencies also need to verify the identity of requesting parties to avoid requests from fictitious persons. Otherwise, we may be constrained to deny such requests. To avoid denial of your succeeding request(s), please visit the following links containing the procedures on the proper filing of FOI requests:
https://www.foi.gov.ph/help; and https://op-proper.gov.ph/wp-content/uploads/2016/11/Peoples-FOI-Manual-OP.pdf (please see Section 6.6 on pages 9-10 re: identification and proof of authority).
Meanwhile, instead of denying your request for lack of a valid ID, we provide you with the following publicly-shared information in case your inquiry covers a potential violation of the SEC Memorandum Circular No. 18, series of 2019:
For general information, please be guided by the information provided at this link and the related procedures below:
https://www.sec.gov.ph/lending-companies-and-financing-companies-2/complaints/
To file a Formal Complaint Against a Lending or Financing Company
Download and fill out the complaint form completely and accurately: https://www.sec.gov.ph/wp-content/uploads/2021/04/2021FORM_Updated-Complaint-Form.docx;
Provide these necessary attachments:
Relevant documents and evidence that will support your claim/s and/or allegation/s (e.g. screenshots of text messages and conversations with the financing/lending company);
Loan agreement (if any);
Valid government-issued ID; and
Address (in the Philippines) where you may be furnished a copy of letter/s and/or order/s from the Commission.
Use this format in your email subject line for submitting the complaint form to
[email protected]: COMPLETE NAME_RESPONDENT COMPANY_SUBJECT OF COMPLAINT (ex. JUAN DELA CRUZ_ABC LENDING_DISCLOSURE STATEMENT VIOLATION)
One complaint form will be submitted per respondent company
Other inquiries and concerns may be addressed to the department/office concerned (see SEC Contact Center information at https://www.sec.gov.ph/notices/sec-contact-emails-to-send-their-queries-requests-for-clarification-and-other-concerns/.
Your right to request a review
If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to
[email protected] Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.
If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).
Thank you.
Respectfully,
Violeta Infante
FOI Receiving Officer
