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Are these text messages valid?

First: Courts and prosecutors do not send out notices, orders, or any kind of correspondence through text messages. Courts and prosecutors will have these personally served to you or through registered mail. In some cases, you may receive the same through electronic mail from the official email address which you can check on the Supreme Court website.

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Second: Informing someone in advance that they are going to be arrested is counterintuitive. If this were the SOP, then criminals would all abscond to evade prosecution.

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Third:  It is enshrined in no less than the Bill of Rights of the 1987 Constitution of the Philippines that no person shall be imprisoned for debt (Section 20, Article III). This also applies to non-payment of a poll tax (commonly known as community tax, for which you are issued a cedula or community tax certificate). 

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So what would happen if you fail to pay your credit card bills or your monthly installment on that lending app you just downloaded? Does this mean that they cannot come after you?

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No. They can still file a civil case for the collection of debt. If the debt is not more than One Million Pesos (PhP1,000,000.00), it can be in the form of a small claims case before the Municipal Trial Court.

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But what if you are still unable to pay your debt after the court issues a judgment against you?

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No, even if the court has adjudged you liable to pay your debt, the court cannot have you imprisoned for failing to pay the amount it ordered you to pay.

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In that case, any collateral may be foreclosed. If the debt is not secured by a collateral or if there is still a balance after foreclosure, your bank account may be garnished or your personal and real properties levied and auctioned off to cover the payment of your debt.

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Hence, even if you will not be imprisoned, you might still be deprived of your properties for failing to pay your debts.

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on settling your loan obligations, consult with a legal professional.

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Padin & Partners Law Offices is a full-service law firm that provides assistance in settling your loan obligations in Cebu City, Philippines. For consultations, book an appointment or reach us at  +63 (32) 316-1540 or +63 917 188 0361.

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