Securities and Exchange Commission

Infante 09:54 AM, Jan 03, 2022

January 3, 2022

Dear Raymond Sagmit,

Greetings!

Thank you for your request dated Jan 02, 2022 11:06:16 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your Request

You asked for assitance concerning "Call and Text Harassments from Loan Apps".

Response to Request

Kindly provide a valid ID or proof of your identity when filing a request through this FOI Portal.  As you may be aware, Filipino citizens can make an FOI Request. As a matter of policy, however, requestors 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.  Thus, in order for us to work further on this request and/or your future requests (if any), kindly provide your proof of identification.  Otherwise, we may be constrained to deny such requests.  

To avoid DENIAL of your succeeding request(s) for information, please visit the following links containing the procedures for the proper filing of FOI requests:

1. https://www.foi.gov.ph/help;
2. 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 valid ID, we provide you with the following publicly-available information in case your inquiry covers a potential violation of the SEC Memorandum Circular No. 18, series of 2019:
 
1. To File a Formal Complaint Against a Lending 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

2. Provide the necessary attachments, namely:
a. relevant documents and evidence that will support your claim/s or allegation/s ( e.g. screenshots of text messages and conversations with the financing/lending company);
b. loan agreement (if any);
c. valid government-issued ID; and
d. evidence/proof that you have exhausted all remedies against the company concerned before filing your complaint with the SEC, if any.

3. Indicate the following personal information of the complainant in the complaint form:
a. personal e-mail address;
b. personal contact number/s; and
c. address (in the Philippines) where you may be furnished a copy of letter/s and order from the Commission.

4. Use the below format in the subject head of e-mail in sending the complaint form to cgfd_md@sec.gov.ph:
COMPLETE  NAME_RESPONDENT COMPANY _SUBJECT OF COMPLAINT
(ex: JUAN DELA CRUZ_ABC LENDING_DISCLOSURE STATEMENT VIOLATION)
 
5. One complaint form will be submitted per respondent company 
 
For more information, kindly visit this link: http://www.sec.gov.ph/lending-companies-and-financing-companies/complaints/.

Other inquiries and concerns may be addressed to the department/office concerned (see SEC Contact Center info 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 comsec@sec.gov.ph. 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